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HomeMy WebLinkAboutCT 96-03; Pacific View Estates; Tentative Map (CT) (4)PACIFIC VIEW COMMUNITIES, LLC P.O. Box 2198 Carlsbad, California, 92018 Tele:(760) 720-9785; Fax:(760) 720-9785 TELECOPIER FACSIMILE TRANSMITTAL DATE: TO: 12/18/97 Thu 2pm, by Fax and U.S. Mail RE: Ms. Dee Landers, -ftsnooiafee Planner City of Carlsbad, 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4451, Fax:438-0894 PACIFIC VIEW ESTATES. Tract 96-03. 26 Single Family Residential Detached Homes. N.E. Corner of Donna Dr. at Carlsbad Village Drive, Carlsbad. Dear Ms. Landers, This letter will confirm our understanding that the above project was in fact approved by the City Council on Tuesday, December 16, 1997, for the projects 4-(d) grading "Take" permit program to thereby mitigate the 1.95 acres this project owns in Coastal Sage Scrub. Regarding your request for a "Model Letter", please be advised that at least for the present and prior to Final Tract Map approval, we are requesting authorization to immediately build six (6) models. These models will be on Lots 1-6 of Phase 1. This letter will certify that should for any reason our map NOT be approved, then we will remove said models and restore the property to its prior state. Should you have any questions or if I may be of any assistance, please don't hesitate to call me at (760) 720—9785. Thanking you in advance for your consideration and prompt response in this matter, I am, Respectfully, PACIFIC VIEW IMMUNITIES, LLC Don L. Jack Managing Member c: Phil Muttard, 858-5572 T0d WdZT:£ A66T 81 'SB16 6T9 •ON 3NOHd *NUDia3Wb 500 EA. 320 LF. DATE: TO: FROM: SUBJECT: Project ID CITY OF CARLSBAD Inter-office Correspondence \i3hn PLANNING DEPARTMENT/SENIOR MANAGEMENT ANALYST Engineering Department Request for comments to GRADING PLAN for Hillside Development Ordinance O3 Plancheck No. Project Planner Attached is a copy of the Grading Plan. Please review and return j-our comments to the eering Plancheck Division, attention ~-^Failure to respond to this request by •• ^^/ / r — - _ will be interpreted to mean that the proposed project has your endorsement as suLrr^tted (no fee, deposits, or specific conditions will be required). Thank you for your cooperation. Reply: 0 0 /)..f\ CITY OF CARLSBAD Inter-office Correspondence MI 5 Vt- 'C A 1E ; HI DATE: TO: FROM: SUBJECT: Project ID PLANNING DEPARTMENT/SENIOR MANAGEMENT ANALYST Engineering Department Review of FINAL/PARCEL MAP ' s^— Plancheck No. SiasH is one Final Map. Please review and return your comments to the Engineering within one week.Plancheck Division, Thank you for your cooperation. SIGNATURE DATE Wfltf GDHMUNtflK P.O. BOX2198-CARLSBAD, CALIFORNIA92018 Phone 760-720-9785 ~ Fax 760-720-9785November 21, 1997 Ms. Dee Landers, Associate Planner City of Carlsbad, 2075 L«s Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4451, Fax:438-0894 RE: CT 96-03 TENTATIVE TRACT MAP Homeowner Association documents and CC&R's., 26 Single Family Residential Detached Homes. AP No. 167- 250-16; Located at N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Ms. Landers, Thank you for meeting with Ron Grunow and myself this morning. This letter will confirm our understanding that the above project is now approved by planning and that upon reciept of the attacthed documents enclosed, you will then submit for City Council agenda. This City Council agenda should thereby approve our project for the 4-(d) grading "Take" permit program to mitigate the 1.95 acres this project owns in Coastal Sage Scrub. We are giving t+.e city two (2).acres of Coastal Sage Scrub land in exchange, (see enclosed "CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT"). We understand this City Council approval process should take approximately, two (1!) weeks. Should you have further questions or if I may be of any assistance, please don't hesitate to call me direct at (760) 720-9780. Thanking you in advance for your consideration and prompt response in these matters, I am, Respectfully, _..-. PACIFIC VIEW/COMMUNITIES, LLCRECEIVED ^ c NOV 2 1 1998 V ENGINEERING Don L. Jack DEPARTMENT Managing Member ENC. Copy of Janovy 31, 1997 letter, Copy of June 30, 1997 MODIFICATION, CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT. Copy of 10/30/95 Carlsbad Highlands Conservation Bank letter Copy of January 22, 1997 letter chrn97 ASSOCIATES January 22, 1997 Mr. Donald Jack Pacific View Ltd. P.O. Box 2198 Carlsbad, CA 92018 RE: Carlsbad Highlands Conservation Credits Purchase Dear Mr. Jack: Regarding your request to purchase 2.0 conservation credits at Carlsbad Highlands Conservation Bank at $19,000 per credit, the following are the terms and conditions to complete the transaction. Upon execution of the attached purchase agreement, please remit to Techbilt Construction Corp. a deposit in the amount specified below. Upon final closing of the transaction on the date specified in the purchase agreement, please send 2 Cashiers Checks in the amounts specified below to: TECHBILT CONSTRUCTION CORP. Attention: Mr. Ted Tchang P.O. Box 80036 San Diego, CA 92138 Techbilt Construction Corp. Deposit $1,000.00 State of California 2.0 credits x $1,648.00 = $3,296.00 Techbilt Construction Corp. Total 2.0 credits x $16,684.00 = $33,704.00 2.0 credits x $19,000.00 = $38,000.00 The check to the State of California covers the endowment account contribution for 2.0 credits. The balance is paid directly to Techbilt Construction Corp. Km immncnial 1'ohcv (Consultants (.onstirucnt iS: (i<>\ crnmentai Relations '722 Km IXIICM VuiY. Sacramento, ('alnornia '.o "iclcnhone i(.Mni 42--1U.VI • |-.|-. CM (,i 4J2-JM Mr. Donald Jack January 22, 1997 Page 2 Please also complete and forward to Mr. Tchang the Conservation Credit Purchase Agreement and Acknowledgment form, inclosed. Upon receipt of the specified funds, you will receive by overnight delivery signed copies of Exhibits A and B, Receipts of Deposits from the State of California and Techbilt Construction Corp. These receipts will provide evidence to the resource agencies that you satisfied that portion of the mitigation requirements you negotiated with the agencies. Thank you for your interest in Carlsbad Highlands Conservation Bank. Please call me if you have questions. Sincerely, Michael McCollum attachments: Conservation Credit Purchase Agreement and Acknowledgment Carlsbad Highlands Conservation Bank Sales Price Schedule cc: Mr. Ted Tchang, Techbilt Construction Corp. / via fax TECHBILT CONSTRUCTION CORP. 3575 Kenyon Street San Diego, California 92110 PAX (619, 223-28* ~ TELEPHONE ,619) 22M663 January 31,1997 Mr. Donald Jack Pacific View Ltd. P.O. Box 2198 Carlsbad, CA 92018 Re: Carlsbad Highlands Conservation Credits Dear Don: Enclosed please find an executed copy of the Purchase Agreement for 2.0 conservation credits from the Conservation Bank. Very truly yours, TECHBILT CONSTRUCTION CORP. Ted Tchang TT/ms Enclosure CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT THIS CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT ("Agreement") is entered into this ^7%ay of TAMftRV, 1997 by and between Techbilt Construction Corp., ("Seller") and Pacific View Ltd. ("Purchaser"). A. Seller has been appointed as the Agent for the owner of the Carlsbad Highlands Conservation Bank pursuant to that Agency Agreement and Limited Power of Attorney entered into by Techbilt Construction Corp., a California corporation (Agent) and Paul K. Tchang, Trustee UTA June 16, 1978 and Escondido Serenas Development, Inc., a Nevada corporation (collectively referred to as Owner) dated January 20,1997. Techbilt Construction Corp., as Agent for Owner, has full powers to sell conservation credits, have sales proceeds for conservation credits paid to Agent, and limited power of attorney to sign for Owner in the sale of conservation credits. B. Pursuant to that certain Carlsbad Highlands Conservation Bank Implementation Agreement (the "Implementation Agreement") by and among BA Properties Inc. and the California Department of Fish and Game fCPFG"). and the United States Fish and Wildlife Service ("USFWS"^ (CDFG and USFWS are referred to collectively hereinafter as the "Resource Agencies") dated April 5, 1995, and assigned to Owner pursuant to that Assignment from BA Properties Inc. to Owner dated January 9, 1996, the Resource Agencies have acknowledged the creation of the Carlsbad Highlands Conservation Bank (the "Conservation Bank") and the right of Owner to sell "Conservation Credits" as provided further therein. C. Purchaser desires to mitigate the loss of certain natural habitat values on real property located in San Diego County, California commonly known as Pacific View Ltd. (the "Purchaser's Property";). D. Purchaser has agreed to purchase from Seller, and Seller has agreed to sell to Purchaser 2.0 Conservation Credits (the "Conveyed Credits") from the Conservation Bank on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the agreements and acknowledgments set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser hereby agree and acknowledge as follows: 1. Purchaser has deposited with Seller, upon execution of this agreement, a deposit of immediately available funds in the amount of $ 1,000.00. 2. Purchaser has deposited with the State of California, via the Department of Fish and Game (the "Department"), or shall deposit with the Department on or before July 31, 1997 (the Purchase Agreement Page 1 1/20/97 "Closing Date"), immediately available funds in the amount of $3,296.00 (the "Endowment Deposit"), and Seller has received, or shall receive prior to the Closing Date, the Department's written acknowledgment of its receipt of the Endowment Deposit in the form attached hereto as Exhibit A ("Endowment Deposit Receipt"). The Endowment Deposit is a one-time payment. The Purchaser shall have no further obligation to pay monies or otherwise participate in the maintenance of the Conservation Bank. 3. Purchaser has deposited with Seller, or shall deposit with Seller on or before the Closing Date, immediately available funds in the amount of $33,704.00. 4. Upon satisfaction of the conditions set forth in Paragraphs 1 and 2 above, Seller shall execute and deliver to Purchaser the Acknowledgment of Sale of Conservation Credits attached hereto as Exhibit B. 5. Purchaser acknowledges and agrees that: (a) the purchase and sale of the Conveyed Credits shall be made on an "AS IS, WHERE IS, WITH ALL FAULTS" basis as provided for in the Implementation Agreement; and (b) no representations or warranties have been made or are made and no responsibility has been or is assumed by Seller or by any officer, agent, affiliate, or representative acting or purporting to act on behalf of Seller as to: (I) the conservation value of the property conveyed to the Resource Agencies in establishing the Conservation Bank, (ii) the conservation value or mitigation requirements of the Purchaser's Property, (iii) the acceptance of the Conveyed Credits by the Resource Agencies or any other governmental agency as mitigation for the loss of habitat values associated with the Purchaser's Property, or (iv) any other fact or circumstance which might affect the Conservation Bank, the Purchaser's Property, or the Conveyed Credits. 6. Purchaser acknowledges and agrees that the purchase and sale of the Conveyed Credits shall be made with the Purchaser having no further responsibilities for the Property as described in the Implementation Agreement. 7. Time is of the essence in this Agreement. In the event the conditions set forth in Paragraphs 1 and 2 above have not been satisfied by the Closing Date, at Seller's election in its sole and absolute discretion, upon written notice to Purchaser, this Agreement shall terminate, the deposit of $1,000.00 shall be forfeit, and neither party shall have any further obligations hereunder except as provided in Paragraph 8 below. 8. Seller and Purchaser each represent to the other that it has not had any contract, agreement, or dealings regarding the Conveyed Credits with, nor any communication in connection with the subject matter of this transaction through, any consultant, broker, agent, finder, or other person who can claim a right to a consultant fee, commission or finder's fee in connection with the sale contemplated herein, other than the Seller's consulting contract with McCollum Associates ("McCollum"). The Seller shall be solely responsible for any consulting fee owed to McCollum and agrees to indemnify, defend and hold Buyer harmless Purchase Agreement Page 2 1/20/97 with respect thereto. In the event that any other consultant, broker or finder perfects a claim for a consultant fee or commission or finder's fee based upon any such contract, agreement, dealings or communication, the party through whom such claim is made shall be solely responsible for and shall indemnify, defend, and hold harmless the other party from and against said commission or fee and all costs and expenses (including without limitation reasonable attorneys' fees) incurred by the other party in defending against such claim. The provisions of this Section 8 shall survive the termination of this Agreement. 9. Purchaser and Seller agree that all understandings and agreements heretofore made between them or their respective agents or representatives are merged in this Agreement and the Exhibits attached hereto, and alone fully and completely express their agreement with respect to the subject matter hereof and supersede all prior agreements and understandings between the parties relating to such subject matter. Purchaser and Seller further agree that Purchaser has no responsibilities or obligations whatsoever regarding the "Conservation Credits" except as are expressly stated in this Agreement. 10. All deposits, except the Endowment Deposit, and any notice required or permitted to be made or given under this Agreement shall be made and delivered to the parties at the addresses set forth below each party's respective signature. All notices shall be in writing and shall be deemed to have been given when delivered by courier, when transmitted by facsimile (upon confirmation of successfully completed transmission), or upon the expiration of two (2) business days after the date of deposit of such notice in the United States mail, registered or certified mail, postage prepaid, return receipt required. 11. This Agreement shall.be governed and construed in accordance with the laws of the State of California. In the event a dispute arises concerning the meaning or interpretation of any provision of this Agreement, or in the event of any litigation arising out of or related to this Agreement, the party not prevailing in such dispute or litigation shall pay any and all costs and expenses incurred by the other party in establishing or defending its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees. 12. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. 13. ASSIGNMENT: Subject to TECHBILT CONSTRUCTION CORPORATION'S approval which shall not be unreasonably withheld, PURCHASER may assign this agreement to any other entity without additional cost or fee. Purchase Agreement Page 3 1/20/97 WHEREUPON, this Agreement has been executed as of the date first-above written. SELLER: TECHBILT CONSTRUCTION CORP. By: Name: Paul K*. Tchang Its: President By: Name: Its: Techbilt Construction Corp. P.O. Box 80036 San Diego, CA 92138 . Attention: Mr. Ted Tchang Fax No. (619)223-2865 PURCHASER: PACIFIC VIEW L ~\ By: Name: Its: Pacific View Ltd. P.O. Box 2198 Carlsbad, CA 92018 Attention: Mr. Donald Jack Fax No. (619) 720-9785 Purchase Agreement Page 4 1/20/97 EXHIBIT A ENDOWMENT DEPOSIT RECEIPT On behalf of the Department of Fish and Game, the undersigned hereby acknowledges receipt of a cashier's check in the amount of $ '_ from Pacific View Ltd. in connection with the sale of two (2)Conservation Credits from the Carlsbad Highlands Conservation Bank. Such funds shall be held and applied in accordance with the terms of the Carlsbad Highlands Conservation Bank Implementation Agreement dated April 5, 1995. Signed; Dated: Purchase Agreement Page 5 1/20/97 EXHIBIT B ACKNOWLEDGMENT OF SALE OF CONSERVATION CREDITS The undersigned seller hereby acknowledges that it has sold and conveyed to Pacific View Ltd. ("Purchaser"), two (2) Conservation Credits from the Carlsbad Highlands Conservation Bank. All terms of this conveyance shall be governed by the provisions of the Conservation Credit Purchase Agreement and Acknowledgment between Purchaser and the undesigned dated , 1997. Seller: TECHBILT CONSTRUCTION CORP, By: Name: Its: By: Name: Its: Dated: Purchase Agreement Page 6 1/20/97 PACIFIC VIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 Facsimile: (619)720-9785 Telephone: (619)720-9785 June 30, 1997 (by Fax and U.S.Mail) Mr. Ted Tchang, Vice President TECHBILT CONSTRUCTION CORP. P.O. Box 80036. San Diego. CA 92138 (619) 223-1663. Fax:223-2865 RE: CT 96-03 TENTATIVE TRACT MAP, Carlsbad, CA. Dear Mr. Tchang, Thank you for taking my call this morning. Simply to reiterate, I requested a six (6) month extension to our Contract due to the lengthy city processing time and most recently, an appeal to our Tentative Map from the Hillgate Homeowners Association which abuts our property on the north. You agreed and seem to feel there would be no problem and of course, asked that my request be forwarded in writing. Therefore, this letter will serve as a modification to our CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT. Mill you kindly execute the copy of this modification and return the same to me -hi the self addressed stamped envelope provided. JUNE 30, 1997, MODIFICATION to the January 27, 1997 CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT WHEREAS, TECHBILT CONSTRUCTION CORP., ("TECHBILT"), as the Seller and PACIFIC VIEW LTD.. ("PV"). as the Buyer, hereinafter collectively referred to as the "Parties", entered into a CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT, (the "Agreement"), on January 27, 1997. for the sale/purchase of two (2.0) Conservation Credits. Said Agreement called for a performance date of July 31, 1997. WHEREAS , due to circumstances beyond Buyer's control. Buyer has requested a reasonable extension of the performance date and Seller has agreed to extend said date to instead, December 31, 1997. NOW THEREFORE , it is agreed that the terms of payment for said Agreement is hereby altered and modified as follows: 1 . The due date for the two (2) individual payments which total $37.000.00 is hereby extended from July 31, 1997 to instead, December 31, 1997. In all other respects, said Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties have made and entered into this modification upon the date and year as first above given and signators hereonbelow warrant that they are authorized to act on behalf of the corporation or company in making this agreement. SELLER BUYER TECHBILT CONSTRUCTION CORP. PACIFIC VIEW LTD. PAUL K. TCHANG, President DON L. JACK, Manager 10/30/95 15:26 ©7144336048 OREO 8889 CARLSBAD HIGHLANDS CONSERVATION BANK CONVBNTRNT, COST-EFFECTIVE HABITAT MITIGATION Under various provisions of the Federal and Stare Endangered Species Acts, the National Environmental Protection Act, and tha California Environmental Quality Act, landowners may be requited tg mitigate the loss of endangered and sensitive biological habitat before proceeding with development activities. Before you begin n costly negotiation and acquisition process for property to mitigate development impacts, consider a cost-eiRctive and time-saving alternative...purchasing credits in a .federal and state-apj. ,*ed conservation bank. Carlsbad Highlands Conservation Bank is operated by Bank of America in the City of Carlsbad, California. A conservation bank is not a traditional mitigation bank. These banks are developed in coordination with the regional conservation planning process, or Natural Communities Conservation Plan, in coastal southern California. Instead of purchasing specific acres to mitigate for development impacts, a conservation bank offers potential buyers pro-approved mitigation 'credits" consisting of miillispecies and multihabitat values applicable to development projects anywhere in San Diego County. There are several advantages of using a conservation bank; • It's cost effective: A price list of credits is available making mitigation costs prcdictabk and there are no expensive transaction costs associated willi purchasing real estate, • It's quick; Credits are Immediately available witfioui escrow accounts; a transaction can be completed in one week; • Less moupowvr is needed: Purchasing credits eliminates the need to locate mitigation property, negotiate a sale with landowners, and negotiate mitigation suitability with the resource agencies; • It streamlines approval processes: Because a conservation bank is established, local. Stare and federal regulators ran quickly approve projects when offsite mitigation is an alternative; • Txmg-term management is provided: Maintenance in perpetuity is Jtunded in the purely: price and remains the responsibility of the conservation bank operator; ownership of the real estoie remains with the operator as well. for development projects requiring compensation for impacts lu sensitive habitat, a conservation bank significantly reduces time and expense in resolving mitigation requirements. The Agreement between Bank of America and the Resource Agencies provides that once the Agencies luve approved off-site mitigation, credits purchased from the Carlsbad Highlands Conservation Bank may be applied to satisfy off-site mitigation requirements [on a one credit for one acre basis] for most upland habitats including coastal sage scrub. The long-term management and documentation are also addressed in the Conservation Bonk Agreement Bank of America currently has 178 credits available for sale. Credits are priced on a sliding scale depending .on the quantity purchased. For pricing information or otlwr questions, please contact: Mr, Jim Jackson Vice President Bank of America #8889 : 18400 Vou Karmen Avenue Irvine, Ca 92626 Phone: (7U) 260-5628 Fax: (7141260-5623 LETTER OF INT P.O. BOX 2198 ~ CARLSBAD, CALIFORNIA 92018 Phone 760-720-9785 ~ Fax 760-720-9785 October 31, 1997 Ms. Nancy Plouffe, Management Analysis City of Carlsbad, Engineering Department 2075 Las Palmas Drive, Carlsbad, CA 92009 (619) 438-1161 Ext. 4361, Fax:438-0894 RE: CONDITIONS OF TRACT MAP APPROVAL, RESOLUTION 4100, CT 96- 03/PUD 96-03/Site Development Plan 96-04/Hillside Development Plan 96- 03. 8.52 Acres, 26 SFR Detached Lots. AP NO. 167-250-16; N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Ms. Plouffe, In accordance with our previous telephone conversation, you indicated that you would only prepare the necessary documents for our "Conditions of Approval" after our 2nd plan check submittal. This we have done and thus, we would appreciate bringing this paper work to final resolve. This letter is to request your preparation of the documents for our signatures of the following "Conditions11 as summarized below: Condition Number RESOLUTION 4100, SUMMARY OF CONDITION 24. The Developer shall dedicate on the final map, an open space easement ON THE SLOPE PORTIONS ONL^. for lots 1, 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, 17, 18, 19, 20, 26, 27, 28, 29, & 33, prohibiting encroachment or development of fences, walls, decks, storage buildings, pools, spas, and stairways. (Nancy, please note we added lot 16 as it is necessary to cross the front yard slope of lot 16 in order to provide landscape irrigation to lot 17.) 31. A landscape easement shall be placed over lot 10 and noted in the project CC&R's. Our HOA (i.e. "PACIFIC VIEW ESTATES OF CARLSBAD HOMEOWNERS ASSOCIATION", a California nonprofit corporation) will maintain landscape on lot 10 until lot 10 is developed, at which time our HOA shall relinquished our easement. (Nancy, this Condition 31 affects only lot 10 which the abutting property owner, i.e. Mr. Ken Dabbs, will eventually develope this lot 10 into a Driveway. We have incorporated verbiage to this effect in our CC&R's, page 65, paragraph 21.6.). Ofr_ntnt_rev_9/97 Page LETTER OF INTEM1 SbtPTEMBER 19, 1991 Ms. Nancy Plouffe, Management Analysis City of Carlsbad, Engineering Department October 30, 1997, Page 2 of 2. 38. The Developer shall defend, indemnify and hold City harmless regarding Section 66499.37 of the Subdivision Map Act. 43. The Owner of the property shall hold the City harmless regrading drainage across the adjacent property. Again, I'm sure this is a simple and standard form. 44. The Owner shall give written consent to the City for annexation of the subdivision into Carlsbad Street Lighting and Landscape district 1. 48. The owner shall make an offer to dedicate to the City all public street and easements within the development. 53. Prior to final map approval the developer shall enter into an agreement to transfer the ownership of Lots 10, 11, and 32. 56. Developer to obtain Right Away Permit from the City in order to do street improvements. 57.& 58. Developer shall enter into a bond agreement with the City to pay or bond for 25% of the cost of traffic Signals located on Carlsbad Village Drive at Donna Way, and on Hosp Way at Wintergreen Drive. Nancy, I'm not sure that these are all the Conditions which the City prepares. Will you please scan our Conditions of Approval. Should you have further questions or if I may be of any assistance, please don't hesitate to call me direct at (760) 720-9780. Thanking you in advance for your consideration and prompt response in these matters, I am, Respectfully, PACIFIC VIEW COMMUNITIES, LLC Don L. Jack Managing Member Ofr_ntnt_rev_9/97 Page City of Carlsbad Planning Department Octobers, 1997 Pacific View Ltd. Don. L. Jack PO Box 21 98 Carlsbad, California 92018 SUBJECT: STREET NAME APPROVALS FOR CT 96-03, PACIFIC VIEW ESTATES The following street names has been approved for use in the above-listed subdivision, however, the items listed below must be submitted prior to Planning Department approval of the final map. These names should be included on the final map and all improvement plans. David Place Austin Terrace In addition, please submit the following items to this office: 1. Street name list; 2. 400 scale mylar delineating street locations and hydrant locations with at least two existing streets and/or intersections shown on the map; and 3. Vicinity map. Please call me at (760) 438-1161, extension 4328, if you have any questions. Sincerely, GREG FISHER Planning Technician GF:kr H:\Admin\Streets3 2O75 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 - (76O) 438-1161 • FAX (76O) 438-O894 PACIFIC VIEW ESTATES 1 j Cal/EPA STATE WATER RESOURCES CONTROL BOARD Mailing Address: P.O. Box 1977 Sacramento, CA 95812-1977 901 P Street Sacramento, CA 95814 (916)657-0757 FAX (916)657-1011 September 24, 1997 PETE WILSON, Governor DON JACK PACIFIC VIEW COMMUNITIES LLC PO BOX 2198 CARLSBAD, CA 92010-2198 RECEIPT OF YOUR NOTICE OF INTENT The State Water Resources Control Board (State Water Board) has received and processed your NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY. Accordingly, you are required to comply with the permit requirements. Your WDID identification number is: 9 37S307924 any future communications regarding this permit. Please use this number in SITE DESCRIPTION OWNER: PACIFIC VIEW COMMUNITIES LLC DEVELOPER: PACIFIC VIEW COMMUNITIES LLC COUNTY: SAN DIEGO SITE ADDRESS: WINTERGREEN DRIVE & HOSP WAY CARLSBAD, CA 92018-2198 COMMENCEMENT DATE: 1/1/98 EST. COMPLETION DATE: 6/1/99 When construction is complete or ownership has been transferred, dischargersare required to notify the Regional Water Board by submitting a Notice of Termination (NOT). All State and local requirements must be met in accordance with Special Provision No. 7 of the General Permit. I have enclosed a NOT for your future use. If you do not notify the State Water Board that construction activity has been completed you will continue to be invoiced for the annual fee each July. If you have any questions reaardina oermit requirements, please contact yourRegional Water Board at (619) 467-2972. Sincerely, Audrey Shimizu Storm Water Unit Division of Water Quality Enclosure Cal/EPA State Water Resources Control Board Mailing Address: P.O. Box 1977 Sacramento, CA 95812-1977 901 P Street Sacramento, CA 95814 (916) 657-0757 FAX (916)657-1011 Pete Wilson Governor DATE: TO: WDID #: STORM WATER DISCHARGER SUBJECT: NOTICE OF TERMINATION OF COVERAGE UNDER THE GENERAL CONSTRUCTION STORM WATER PERMIT (GENERAL PERMIT) This is in response to information we have received regarding the completion of your construction project. In order for us to terminate your coverage, you will need to complete the enclosed NOT and send it to the appropriate Regional Water Board. Approval of your NOT by the Regional Water Board is required before we can terminate your coverage under the General Permit. Should you have any questions regarding this matter, please contact either the Regional Water Board at the number listed on the back page of the NOT package, or the Storm Water Unit at (916) 657-0757. Sincerely, Storm Water Unit Division of Water Quality Enclosure Paper Our mission is to preserve and enhance the quality of California's water resources, and ensure their proper allocation and efficient use for the benefit of present and future generations. d:\forms\frm.25c State of California State Water Resources Control Board NOTICE OF TERMINATION OF COVERAGE UNDER THE NPDES GENERAL PERMIT NO. CAS000002 _ FOR DISCHARGES OF STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY Submission of this Notice of Termination constitutes notice that the owner (and his/her agent) of the site identified on this form is no longer authorized to discharge storm water associated with construction activity by NPDES General Permit No. CAS000002. I. WDID NO. II. OWNER COMPANY NAME CONTACT PERSON STREET ADDRESS TITLE CITY STATE ZIP PHONE III. CONSTRUCTION SITE INFORMATION A. DEVELOPER NAME STREET ADDRESS CITY B. SITE ADDRESS CITY CONTACT PERSON TITLE CA ZIP COUNTY CA ZIP PHONE PHONE IV. BASIS OF TERMINATION .. 1. The construction project is complete and the following conditions have been met. - All elements of the Storm Water Pollution Prevention Plan have been completed. - Construction materials and waste have been disposed of properly. - The site is in compliance with all local storm water management requirements. - A post-construction storm water operation and management plan is in place. Date of project completion / / 2. Construction activities have been suspended, either temporarily or indefinitely and the following conditions have been met. - All elements of the Storm Water Pollution Prevention Plan have been completed. - Construction materials and waste have been disposed of properly. - All denuded areas and other areas of potential erosion are stabilized. - An operation and maintenance plan for erosion and sediment control is in place. - The site is in compliance with all local storm water management requirements. Date of suspension / / Expected start up date / / C-NOFI State of California State Water Resources Control Board INSTRUCTIONS FOR COMPLETING NOTICE OF TERMINATION FOR CONSTRUCTION ACTIVITY Who Mav File Dischargers who are presently covered under NPDES General Permit No. CAS000002 for discharge of storm water associated with construction activity may submit a Notice of Termination when they meet one of the following criteria. 1. The construction project has been completed and the following conditions have been met: all elements of the Stormwater Pollution Prevention Plan have been completed; construction materials and equipment maintenance waste have been disposed of properly; the site is in compliance with all local storm water management requirements including erosion/sediment control requirements and the appropriate use permits have been obtained; and a post-construction storm water operation and management plan is in place. 2. Construction activities have been suspended, either temporarily or indefinitely and the following conditions have been: all elements of the Stormwater Pollution Prevention Plan have been completed; construction materials and equipment maintenance waste have been disposed of properly; all denuded areas and other areas of potential erosion are stabilized; an operation and maintenance plan for erosion and sediment control is in place; and the site is in compliance with all local storm water management requirements including erosion/sediment control requirements. The date construction activities were suspended, and the expected date construction activities will start up again should be provided. 3. Construction site can not discharge storm water to waters of the United States. Please indicate if all storm water is retained on site or if storm water is collected offsite. 4. Discharge of construction storm water from the site is now subject to another NPDES general permit or an individual NPDES permit. The general permit or individual permit NPDES number and date coverage began should be provided. 5. There is a new owner of the identified site. If ownership or operation of the facility has been transferred then the previous owner must submit a Notice of Termination and the new owner must submit a Notice of Intent for coverage under the general permit. The date of transfer and information on the new owner should be provided. Note that the previous owner may be liable for discharge from the site until the new owner files a Notice of Intent for coverage under the general permit. Where to File The Notice of Termination should be submitted to the Executive Officer of the Regional Water Board responsible tor the area in which the facility is located. See attached. If the Executive Officer, or his designated staff, agrees with the basis of termination, the Notice of Termination will be transmitted to the State Water Board for processing. If the Executive Officer, or his designated staff, does not agree with the basis of termination, the Notice of Termination will be returned. The Regional Water Board may also inspect your site prior to accepting the basis of termination. C-NOT-1 IStorm Water Contacts for the State and Regional Boards STATE WATER RESOURCES CONTROL BOARD Division of Water Quality Regional Water Attention: Storm Water Permit Unit P.O. Box 1977 Sacramento, CA 95812-1977 (916) 657-0919 FAX: (916) 657-1011 Contact: Bruce Fujimoto 1) NORTH COAST REGION Mr. Benjamin D. Kor, Executive Officer 5550 Skyline Boulevard, Suite A Santa Rosa, CA 94503 (707) 576-2220 FAX: (707) 523-0135 Contact: Nathan Quarles 2) SAN FRANCISCO BAY REGION Ms. Loretta Kahn Barsamian, Executive Officer 2101 Webster Street, Suite 500 Oakland, CA 94612 (510)286-1255 FAX: (510) 286-1380 Contact Tom Mumley 3) CENTRAL COAST REGION Mr. Roger W. Briggs, Executive Officer 81 Higuera Street, Suite 200 San Luis Obispo, CA 93401-5427 (805)549-3458 FAX: (805) 543-0397 Contact: Matt Fabry 4) LOS ANGELES REGION Mr. Dennis Dickerson, Executive Officer 101 Centre Plaza Drive Monterey Park, CA 91754-2156 (213)266-7592 FAX: (213) 266-7600 Contact: Xavier Swamikannu 5S) CENTRAL VALLEY REGION Sacramento Office Mr. Gary M. Cartton, Executive Officer 3443 Routier Road, Suite A Sacramento, CA 95827-3098 (916) 255-3072 FAX: (916) 255-3015 Contact: Kathryn Gaffney 5R) CENTRAL VALLEY REGION Redding Branch Office Mr. James C. Pedri, Supervising Engineer 415 Knollcrest Drive, Redding, CA 96002 (916) 224-4849 FAX: (916) 224-4857 Contact: Carole Crowe 5F) CENTRAL VALLEY REGION Fresno Branch Office Mr. Loren J. Hartow, Assistant Executive Officer 3614 East Ashlan Avenue Fresno, CA 93726 (209)445-5553 FAX: (209) 445-5910 Contact Alan Vong 6SLT)LAHONTAN REGION South Lake Tahoe Office Mr. Harold J. Singer, Executive Officer 2501 Lake Tahoe Boulevard South Lake Tahoe, CA 96150 (916) 542-5400 FAX: (916) 544-2271 Contact John Short 6V) LAHONTAN REGION Victorville Office Mr. Hisam Baqai, Supervising Engineer 15428 Civic Drive, Suite 100 Victorville, CA 92392 (760)241-6583 FAX: (760) 241-7308 Contact: Tom Rheiner 7} COLORADO RIVER BASIN REGION Mr. Philip Gruenberg, Executive Officer 73-720 Fred Waring Drive, Suite 100 Palm Desert, CA 92260 (760)346-7491 FAX: (760) 341-6820 Contact: Orlando Gonzalez 8) SANTA ANA REGION Mr. Gerard J. Thibeault, Executive Officer 3737 Main Street, Suite 500 Riverside, CA 92501-3339 (909)782-4130 FAX: (909) 781-6288 Contact: Michael Adackapara 9) SAN DIEGO REGION Mr. John H. Robertus, Executive Officer 9771 Clairemont Mesa Boulevard, Suite A San Diego, CA 92124 (619) 467-2972 FAX: (619) 571-6972 Contact: Deborah Jayne \ 7/1/97MAP0134 08/05/1997 17:03 760598988B SILKIES INC PAGE Aug. 5th, 1997 Mayor Bud Lewis City Counsil Members City Hall 1200 Carlsbad Village Dr Carlsbad, CA 92008 Ladies, and Gentlemen: We are hereby expressing our opposition in regard to the extension of Wintergreen Drive as a though street. This is not only going to cause Wintergreen to become a thorough fare, but it is also dangerous for our children and grandchildren. Our specific reason for choosing Carlsbad as our place for retirement, was it's peaceful atmosphere, and quality of life. Understand that we do not oppose the development, just the thought of having cars go through this neighborhood with the speed they do on Hosp!( 40-50 m.p.h.) We strongly urge the mayor and the members of the council to reconsider this important decision, and to place yourselves in our shoes. Very sincerely yours, Jorge Ruiz Sylvia Ruiz Registered voters 2960 Wintergreen Drive Carlsbad, CA 92008 760 7298226 Ik) R°crA?roR RN B E AvLL CITY OF CARLSBAD D RICHARD RUDOLF 1200 CARLSBAD VILLAGE DRIVE ASSISTANT CITY ATTORNEY CARLSBAD, CALIFORNIA 92008-1989 (619)434-2891 JANEMOBALDI FAX: (619) 434-8367 DEPUTY CITY ATTORNEY July 24, 1997 L. Sue Loftin, Esq. Law Offices of L. Sue Loftin Suite 330 4330 La Jolla Village Drive San Diego, California 92122-6203 RE: RANCHO CARLSBAD SECURITY AGREEMENT RECORDATION Dear Sue: In your July 22, 1997 letter you proposed the final executed version of the Agreement be deposited with Chicago Title which is the escrow agent handling all the recordations required for the larger project. We concur that it would be appropriate for the escrow agent to do that, and enclose a letter of instruction authorizing its recordation on behalf of the City in proper sequence, in order to ensure that the releases are recorded first in order to effectuate the City's security interest. Very truly yours, D. RICHARD RUDC Assistant City Attorney rmh Enclosure cc: Terri Woodsj RONALD R. BALL CITY ATTORNEY D. RICHARD RUDOLF ASSISTANT CITY ATTORNEY JANE MOBALDI DEPUTY CITY ATTORNEY CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989 (619)434-2891 FAX: (619) 434-8367 July 24, 1997 Chicago Title Att: Recording Agent/Escrow Officer RE: RANCHO CARLSBAD MOBILEHOME PARK This is to authorize, on behalf of the City of Carlsbad, recordation of the Rancho Carlsbad Security Agreement in proper sequence among the recordation of all other documents related to the transaction. You are authorized to record the Security Agreement immediately following recordation of releases of the existing encumbrances on parcels 2 and 3, in order that the City's lien and security interests established by the Security Agreement is the first encumbrance on parcels 2 and 3, subject only to encumbrances set forth in the parcel map, condominium plan and the CC&Rs. Recordation is also authorized on the condition that the original executed agreement bearing the recorder's stamp following recordation be mailed to the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008-1989 for maintenance in the official files of the City of Carlsbad Very truly yours, / D. RICHARD Assistant City Attorney rmh c: City Clerk L. Sue Loftin Terri Woods City of Carlsbad Office of the City Council July 17, 1997 Dr. Ralph Asher 2201 Mission Ave. Oceanside, CA 92054 Dear Dr. Asher: I appreciated the opportunity to discuss the proposed Pacific View Estates development with you. The Planning Commission recently approved plans for the development, which include a requirement to connect a Pacific View Estates street from Carlsbad Village Drive to Wintergreen Drive. No zone change was required for the project. The Planning Commission approval has been appealed to the City Council based on the street connection requirement. It is anticipated that the appeal will be heard at a Council Meeting in August. Planning Department staff will contact you once a date has been set for the hearing. I encourage you to attend the appeal hearing and share your comments with the City Council at that time so that we may consider the concerns of all interested parties in this matter. As I stated, it may be possible to place a wall across the street for fire access only; but, the route is very circuitous and may not generate the traffic anticipated. The Mayor is considering proposing a right in/right out entrance from Carlsbad Village Drive at Donna Drive. If accepted, that would severely inhibit any traffic movement on the new portion bf Donna Drive. Thank you again for expressing your concern. Please do not hesitate to call the Planning Department at 438-1161, or me at 434-2830 if you have any additional questions. Sincerely, City Council Member —City Council City Manager Community Development Director Planning Director 1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (619) 434-2830 • FAX (619) 720-9461 City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION June 27, 1997 Don Jack Pacific View Ltd. PO Box 2198 Carlsbad CA 92108 SUBJECT: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 - PACIFIC VIEW ESTATES At the Planning Commission meeting of June 18, 1997, your application was considered. The Commission voted 6-0 (Commissioner Heineman) to APPROVE AS AMENDED your request. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 438-1161. Sincerely, MICHAEL J. HOLS Planning Director ILLER MJH:TW:kr Enclosed: Planning Commission Resolutions No. 4099, 4100, 4101, 4102 and 4103 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 June 18, 1997 TO: Teresa Woods, Project Planner cc: Ken Quon, Project Engineer & Planning Commissioners, City of Carlsbad FROM: Nick Giovinazzo, President, Hillgate Estates HOA This appeal is being presented by Hillgate Estates, a 32 detached home single family development on Wintergreen Drive including Doreet Street in Carlsbad, Calif. The proposed project and plans of "Pacific View Estates" south of our neighborhood show that Wintergreen Drive is to be extended from the present dead end to continue through to Donna Drive at Carlsbad Village Drive. This is entirely unacceptable to this neighborhood based upon the following: / 1. The area involved is bounded by El Camino Real, Carlsbad Village Drive, Monroe and north of Hosp Way, and is 2 miles in circumference. See attached map. Hosp Way is the entrance/exit for the 295 unit Ocean Crest Apartments, 150 unit Camino Pointe Village Apartments, 125 residences in Carlsbad Woodridge Homeowners Association and our 32 houses in Hillgate Estates. There are also 195 apartments in Rising Glen off of Carlsbad Village Drive and 60 units in Avenue of the Trees. Not one of these complexes totalling 867 residences has a "through street." I have not even counted the 26 new homes of Pacific View Estates. 3. The Planning Office is proposing to make Wintergreen a through street through a quiet single family residential neighborhood. This is selective enforcement of a new ordinance.. This through street would make Wintergreen a shortcut between Carlsbad Village Drive and El Caaino Real via Hosp Way for the 602 households currently using Hosp Way, as well as potentially hundreds of other outside of this area who might use this street to avoid the long curve on Carlsbad Village Drive. 4. Our average of 20 cars twice a day in and out of Wintergreen could easily grow to 160 cars or more. This increase of 800% would be devastating with the potential for accident and death. If Wintergreen is opened to Carlsbad Village Drive, drivers traveling north on Wintergreen through a residential area to access Hosp Way will encounter a sharp left hand blind corner. This is an area where children ride bikes, play basketball on a provided court, skate, and both children and adults enjoy picnics in our park area. Our residents know these areas. Strangers driving through have no concept that these areas exist and real tragedy is inevitable. 5. We have been told that Wintergreen must be opened through the new development because of new City ordinances. Although we respect city ordinances, we are also aware that exceptions are permissible through Commissions which are able to discern how a tranquil, safe community might be transferred into an abysmal nightmare. 6. If Engineering insists that 63 homes need exits in the event of a sudden disaster, why do 835 other residences not have that identical requirement? A total disaster connotes the totalr elimination nf OHJ street and access, which is hardly likely. The Fire Department has assured usthat the opening ot WTntergreen maKes apso-Lurely no difference in their ability to combat trouble^ either north or south of the present dead end. ~~ *~ 7. We certainly cannot abide by the decision of an ordinance if this Commission chooses to implement the original plans. We would consider this selective enforcement in lieu of the more than 1700 surrounding residents who do not have to cope with that decision. This isolates Hillgate and Pacific View Estates as the only two developments which would be impacted by traffic! '9. A Stop Sign erected at Wintergreen and Grove at Hosp Way, which has been mentioned, would only increase the opportunity to use Wintergreen as a short cut. Once people stop, the turning onto Wintergreen is an easy decision on their part to a shorter route. If Wintergreen DOES NOT go through, the Stop Sign would be a blessing for all residents in this area because it would slow down traffic on Hosp Way. Thank you for giving me this opportunity to speak on behalf of concerned homeowners. We would welcome a visit from any or all of you at any time so that you might better understand our concerns. Nick Giovinazzo 2948 Wintergreen Drive Carlsbad, CA 92008 Phone: 434-1214 t Citv of Carlsbad Office of the City Clerk APPEAL FORM I (We) appeal the decision of the to the Carlsbad City Council. PLANNING COMMISSION Date of Decision you are appealing: JUNE 18/ 1997 Subject of Appeal: "~~~ BE SPECIFIC Examples: if the action is a City Engineer's Decision, please say so.. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here. We only wish to appeal the decision to open Wintergreen Drive through to Carlsbad Village Drive between Pacific View Estates and Hillgate Estates. We have offered an alternative in a letter. Reason(s) for Appeal: • Please Note • Failure to specify a reason may result in denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local laws, plans, or policy? 1 . A traffic- study of 1/77 /Qfi fnnfl ndpff hhah a through street will have a definite negative impact on the residents along Wintergreen Drive. 2~. 602 households exit directly on Hosp Way with a potential of 1200 cars. 10% of those cars using the short cut would increase traffic on Wintergreen by 600%. 9. Mnnp nf <-.ViP> R nhhpr H^vpl nmpmf. c; wi hh Rfi7 rp><=t i cjonr'pc! . in a hwn mile circumference has a through street. This is selective enforcement. 4. A Fire Department response time emergency study concluded there wa g n a i n i Fi r*anf-. a Hvani- ap> in onnnpr-h i nrr 5. All homeowners are entitled to the guiet enjoyment, peace, tranguility and safety of their homes. 6. We offer the alternative of a Knox Gate between the two Wintergreens . SIGNATURBvJ Nick Giovinazzo (7fift -1 71 A NAME (please print) June 24, 1997 PHONE NO. 2948 Wintergreen Drive ADDRESS: Street Name & Number Carlsbad, CA 92008 DATE City,State,Zip Code 12OO Carlsbad Village Drive • Carlsbad, California 92OO8-1989 • (619) 434-28O8 REC'D FROM. 1200 CARLSBAD VS I— . CITY OF CARLSBAD GE DRIVE CARLSBAD, CAWQRNIA 92008 ' :;-;:^'M34^2867": " " """" ACCOUNT NO. DO l?> ? i ~> M 'J? ) ^V^/ ^-^ 1 — ' C- 1 \^.J \ O 1 _P RECEIPT N6. .40873 DESCRIPTION /L-'L.Ki.jo-SLc. ^v 4420 06/24/9? \ :--•-• ' . NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT •V-f o jj 0002 01 05 MISC 490-00 l-^\ ^j 3 Printed on recycled paper.CASH REGISTER JUN-18-97 WED 9:43 AM HOUSING i. RED.FAX NO. 7607202037 P. 3 June 17, 1997 TO: PLANNING DIRECTOR ASSISTANT PLANNING DIRECTOR FROM: HOUSING AND REDEVELOPMENT DIRECTOR PACIFIC VIEW - DEVELOPMENT OF SECOND DWELLING UNITS On June 18.1997, the Planning Commission will review the Pacific View Housing Project which includes four (4) second dwelling units to meet the City's Inclusionary Housing Ordinance requirements. Since this project has less than fifty (50) dwelling units total (including the affordable housing component), the Planning Commission has final approval authority. The project will not be forwarded to the City Council, unless the project approval (or denial) is appealed by an interested party. For information purposes, attached are the guidelines which have been adopted by the Housing Commission as related to the use of second dwelling units to meet the Inclusionary Housing requirements. If projects are consistent with these guidelines, they will be supported by Housing and Redevelopment Department staff as well as the Housing Commission. Based on staffs review of the Pacific View Project, the second dwelling units proposed for the project are consistent with the attached guidelines. Housing and Redevelopment Staff requests that the Planning Commission consider the guidelines when reviewing the Pacific View project on June 18 and approving the subject project with the second dwelling units. If you have any questions regarding this matter, please contact my office at X2815. EVAN E. BECKER c: Assistant City Attorney Community Development Director Housing Commissioners June 18, 1997 TO: PLANNING COMMISSION FROM: Planning Department ERRATA # 2 WITH RECOMMENDED REVISIONS AND ADDITIONS TO THE FINDINGS AND CONDITIONS OF RESOLUTION NO. 4100, CT 96-03 - PACIFIC VIEW ESTATES 1. THE USE OF SECOND DWELLING UNITS TO SATISFY INCLUSIONARY HOUSING REQUIREMENTS Staff Discussion: It has been determined that the use of Second Dwelling Units (SDUs) to satisfy a projects' inclusionary housing requirements, under Chapter 21.85 (Inclusionary Housing Ordinance) of the Carlsbad Municipal Code (CMC), is an alternative means for a project to satisfy their affordable housing requirement under Section 21.85.040(b) of the CMC. As an alternative method of satisfying the projects' inclusionary housing requirement, the Planning Commission must make a specific finding that the proposed alternative is acceptable. The following finding is suggested to be added to Resolution 4100 to satisfy this requirement. Staff Recommendation: Staff recommends that the following additional changes be made to Planning Commission Resolution No. 4100, CT 96-03 for Pacific View Estates. 1. Modify Resolution No. 4100 by the addition of the following Finding. • That the use of Second Dwelling Units to satisfy the inclusionary housing requirement for this project is an acceptable alternative for providing affordable housing in that: the proposed project is a small in-fill project in which using other means of satisfying the inclusionary housing requirements of Chapter 21.85 would be almost impossible; and, the proposed Second Dwelling Units comply with the recommended Housing Commission policy for the use of Second Dwelling Units including the unit size being greater than 400 square feet, the unit design containing one bedroom, and no direct access provided to the SDU from the main house. June 18, 1997 TO: PLANNING COMMISSION FROM: Planning Department ERRATA # 3 WITH A RECOMMENDED ADDITION TO THE CONDITIONS OF RESOLUTION NO. 4100, CT 96-03 - PACIFIC VIEW ESTATES 1. HOUSING COMMISSION REVIEW OF THE AFFORDABLE HOUSING COMPONENT OF ALL PROJECTS Staff Discussion: It has been determined that all projects, regardless of size, which include an affordable housing component, must be reviewed and acted upon by the Housing Commission prior to Planning Commission consideration of the project. This determination comes in response to Council direction on April 8, 1997. The determination regarding the Housing Commissions role, in the review of projects with an affordable housing component, has just been made and agreed to by City staff. The Pacific View Estates project was reviewed by staff for compliance with the new Housing Commission Second Dwelling Unit Guidelines, and was determined to be in compliance with the recommended standards, including the unit size being greater than 400 square feet, the unit being designed as a one bedroom unit with no direct access to the main unit, and the project has been conditioned to obtain approval of an affordable housing agreement (see attached guidelines). However, the project was not reviewed by the Housing Commission as the previous procedures did not require that projects of less than 50 units be reviewed by the Housing Commission. The Pacific View Estates project was previously heard by the Planning Commission on May 21, 1997, and was ultimately continued to June 18, 1997. The project is subject to a processing time deadline under the Streamlining Act which requires that action must be taken on the project by July 10, 1997. As such, it has been determined that this project should continue forward for Planning Commission consideration and action. A new condition will be added to this project requiring the applicant to apply for and obtain a finding from the Housing Commission that the proposed second dwelling units are consistent with the Housing Commission adopted Guidelines on Development of Second Dwelling Units. The proposed process for the Pacific View Estates project is not intended to set a precedent for the future processing of projects with an affordable housing component. It is acknowledged by staff that only this project will be processed in this manner, due to the timing of the determination on the Housing Commissions role, and the potential Streamlining Act processing conflicts posed by further delays on this project. Staff Recommendation: Staff recommends that the following additional changes be made to Planning Commission Resolution No. 4100, CT 96-03 for Pacific View Estates. 1. Modify Resolution No. 4100 by the addition of the following Condition. ERRATA #3 CT 96-03 - PACIFIC^PEW ESTATES JUNE 18, 1997 PAGE 2 • The Developer shall apply for and obtain a finding from the Housing Commission that the affordable housing aspect of the project is consistent with the Housing Commission Guidelines on Second Dwelling Units, approved May 8, 1997. JUN- 17-97 TUE 6:59 CITY ATTORNEY FAX NO. 6194348367 P. 01 JUNE 16, 1997 CITY ATTORNEY Community Development Director HOUSING COMMISSION'S ROLE IN THE REVIEW OF SMALL PROJECTS I request your immediate response to the following question: 1 . 2. Does Pacific View Estates, a 30 unit detached single family project that is proposing to meet its inclusionary requirements by providing four second dwelling units, need to be reviewed by the Housing Commission? Does the Housing Commission review and make recommendations, to the appropriate decision- maker, on all affordable housing projects regardless of the number of units being proposed, whether the affordable is to satisfy inclusionary and whether the project is requesting City assistance? Background Recently Emerald Ridge West was considered by the Council on appeal. One of the issues for appeal was the Housing Commission's contention that it should have reviewed the project and made recommendations to the Council. Staff had stopped the project at Planning Commission since the approving resolution required only Planning Commission action on architecture and elevations and the amendment to the SDP involved 9 second dwelling units to satisfy the projects inchisionary requirements. Council concurred with staff and denied the appeal regarding the procedural issue. When we established the Housing Commission we did not want it acting on small inclusionary projects that met code or that were not seeking City financial assistance. Therefore, staff established a procedure whereby the Housing Commission would review inclusionaiy projects of under 50 affordable units only if the project was requesting City assistance - either financial or through incentives such as modified development standards. Following the Council action on Emerald Ridge West the Housing Commission established its guidelines for acceptable second dwelling units. The second dwelling units in Pacific View Estates comply wilh the guidelines and the project is not requesting any City assistance (neither financial nor incentives). The urgency in my request is because Pacific View Estates is scheduled for Planning Commission action this Wednesday, June 18, 1997 and the project was not reviewed by the Housing Commission. Therefore, your response to question No. 1 is requested before June 18, 1997. Since the Planning Department is processing several projects that would be affected by your decision on question No. 2, a timely response would be appreciated. (^ Thank you in advance for your attention to this matter.y MARTY ORENYAKMARTY ORENYAK '/•". *~ JUN-.7-97TUE 7,, CITV „,,„», MX NO. 6,94348367 ,01 April 8, 1997 CITY COUNCIL ' Page 3 without Housing Commission approval He urged Council to send this project back to the Planning Commission for approval on issues related to Planning and back to the Housing Commission for approval on issues related to affordable housing. He also urged that Council affirm that the Housing Commission h;is "standing" on affordable housing issues on any project over 50 units. Bob Ladwig of Ladwig Design Group, 703 Palomar Airport Rd., #300, Carlsbad, stated that while there is a maximum square footage of 640 sq. ft., allowed for a second dwelling unit, there is no minimum. He ftirthcr stated that the second unit, in this project, meets the required 15% of the total square footage of the main house and urged that Council deny the appeal and reaffirm the Planning Commission's decision on this project Kip McBane, Archilecl, 3042 Harding St., Carlsbad, representing the developer of Pacific View Estates, requested that Council make it clear (for the record) that this decision does not establish a precedent which will preclude the use of well designed, well located secondary1 units which meet all of the City standards to fulfill the City's inclusionary housing requirements. Charles Gill, 600 W. Broadway, San Diego, representing UDC Homes, urged support of the staff recommendation and urged Council to deny the appeal, citing the lack of a preponderance of evidence for overturning the Planning Commission's decision. Dennis Fertig. UDC Homes, 438 Camino del Rk> South, San Diego, cited legal and economic restrictions and urged denial of the appeal. Kathleen Wellman. 7144 Aviara Dr.. Carlsbad, citizen and Housing Commissioner, urged Council to uphold this appeal. David Bentle>. 3573 Sunrise Dr., Tucson. AZ, one of the original developers of this project, slated th-.it it was very clear to them that there would ultimately be some changes to the prototype, regarding square footage, and had used the 640 sq. ft., figure as a means to prove that a second dwelling unit of that size (or smaller) would fit in the design and also meet the inclusionary housing requirements. He stated, for the record, that the design was prototypical, the 640 square feet is a maximum, there is no minimum limit to the actual size of the unit and urged denial of the appeal Since no one else wished to speak, Mayor Lewis closed the Public Hearing at 7:12 p.m. ACTION; On motion by Council Member Nygaard, Council directed the City Attorney to prepare the necessary documents, upholding the appeal, approving the project on the condition that the second dwelling units conform to the previous approvals, and making the determination that the architecture is in substantial conformance; and Council directed staff to prepare a report explaining the current process, and suggestions for modifying the process to prevent similar problems in the future. AYES: Lewis, Nygaard, and Kulchin NOES: Finnila and Hall RECESS: Mayor Lewis declared a recess at 7:45 p.m. and reconvened at 7:55 p.m., with all Council Members present. From : *FflRUEST ffllERICflN* _ PHONE No. : 619 720 97B5 Jun. 10 1997 10:24PM P01 PACIFIC VIEW LTD. P.O. Box. 219B Cnrlabad. California, 92018 Tele;(760) 720-9785; Fax:(760) 720-9785 TELECOPIER FACSIMILE TRANSMITTAL DATEt 6/10/97, TOE., 10:30pm TO: Mr. Ken Quon FAX #i 760/ 438-0894 RE: PACIFIC VIEW ESTATES. CT 96-03 TENTATIVE TRACT MAP. 8.52 Acres, 26 Single Family Residential Detached Lots. N.E. Corner of Donna Drive at Carlsbad Village Drive, City of Carlsbad. In response to your request the enclosed is the estimation of value. Said value represents Pacific View Estate's contribution to the City of Carlsbad for care and maintenance of the landscaping around the perimeter of the Kim Reservoir. These calculations were provided by Ms. Fran Hartshorc, of KENMAR CONSULTANTS, San Diego, California. KENMAR specializes in preparing budgets for Planned Developments for review and approval by the California Department of Real Estate. Value is computed as follows: Estimated Square footage in slopes 3,840* sq. ft. Required Budgeting per D.R.E. $.22* p/yr., p/S.F. 30 years - $25,344 Estimated Square footage in flat maintenance 2,550* sq. ft. Required Budgeting per D.R.E. $ .26* p/yr., p/S.F. 30 years = $19,890 Total value of 30 years of Land- (scapc Maintenance - $45.235 (i.e. $25,344 + $19,890) * NOTE, 3,840 square feet in slope @ $.22 per square foot, per year, From : *FfiRUEST flMERICflN*PHONE No. : 619 720 9785 Jun.10 1997 10:25«1 P02 Mr. Ken 6/10/97 Page 2 of 2. Quon was calculated from the Area "C-2" which abuts lot number 26 on the west. The 2,550 square feet » $.26 per square foot, per year, was calculated from the 200' x 5' on Donna Drive, the 200' x 5* on "BM street and the Area WC- 1", which Is flat lawn/landscape wca. These numbers exclude any CPl cost of living increases. Should you have any questions or if I may be of any assistance, please don't hesitate to call me at (760) 720-9785. Thanking you in advance for your assistance in this matter, I am, Respectfully, PACIFIC VIEW LTD. Don L. Jack Managing Member THIS MESSAGE is INTENDED FOR THE USE OF THE INDIVIDUAL OR orrnY TO MUCH IT is TRANSMmro »«i may contain ^ifurmoUuti ilwt la pr Ivlloyod, tui.ridbnUal ttni 6««4lpt frail disclosure undw applicable IBWB. If the reader of this oonmunica-tion is not the intended recipient, you are hereby notified that any dissemination. dlttHbuilon, of copying of this communication 1s strictly prohibited. If you hav« received this communication1n wr-ror, pluaso rwtlfy us linmJIalely by lelepdorie and rtflufft Uia fti-lftiivil communication to us ot the Mklress PACIFIC VIEW LTD. P.O. Box 2198 Carlsbad. California, 92018 Tele:(760) 720-9785; Fax:(760) 720-9785 TELECOPIER FACSIMILE TRANSMITTAL DATE: 6/4/97, Wed., 2:30pm TO: Ms. TERRY WOODS FAX #: 760/ 438-0894 RE: PACIFIC VIEW ESTATES. CT 96-03 TENTATIVE TRACT MAP. 8.52 Acres, 26 Single Family Residential Detached Lots. N.E. Corner of Donna Drive at Carlsbad Village Drive, City of Carlsbad Dear Terry, In response to your request the enclosed is the estimation of value. Said value represents Pacific View Estate's contribution to the City of Carlsbad for care and maintenance of the landscaping around the perimeter of the Elm Reservoir. These calculations were provided by Ms. Fran Hortshore, of KENMAR CONSULTANTS, San Diego, California. KENMAR specializes in preparing budgets for Planned Developments for review and approval by the California Department of Real Estate. Value is computed as follows: Estimated Square footage In slopes 2,625* sq. ft. Required Budgeting per D.R.E. _lLu!i2* P/y1"** P/S.F. 30 years = $17,325 Estimated Square footage in flat maintenance 2,000* sq. ft. Required Budgeting per D.R.E. $ ,2G* p/>r., p/S.F. 30 years =• $15,600 Total value of 30 years of Land- [scapc Maintenance = $32.925 (i.e. $17,325 * $15,600) * NOTE, 2,625 square feet in 2:1 slope 9 $.22 per square foot, per year, I0d Wd9t?:T <L66I t70'unf SB<L6 02<L 6T9 : -°N 3NOHd *N«3Id3Nb MS. TERRY WOODS 6/4/97 Page 2 of 2. was calculated from the 175* x 15* area which abuts lot number 26 on the west. The 2,000 square feet & $.26 per square foot, per year, was calculated from the 200' x 5' on Donna Drive, and 200' x 5* on "B" street which Is Hat lawn/landscape area. These numbers exclude any CPI cost of living Increases. Should you have any questions or if I may be of any assistance, please don't hesitate to call me at (760) 720-9785. Thanking you in advance for your assistance in this matter, I am, Respectfully, PACIFIC VIEW LTD. Don L. Jack Managing Member THIS MESSAGE is INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO MUCH IT IS TRANSMITTED and may contain Information that 1s privileged, confidential and exempt from disclosure undw applicable 1aW3. If the reader* of this communication 4s not the Intended recipient* you are hereby notified that any dl33onrlnat1on, distribution, or copying of this cocwvjrt1c»t1on 1s strictly prohibited. If yog have received tMa oommwnlcatlon 1n errori please notify ue limtodlatoly by to To phono and return tho original communication to us at the above via the U. 5, postal service and mt Mil) ralinburiui you for any costa involved. Thanh you. Ndit?:! L<E£>1 V0 -unr 5BL& &Z.L 6T9 : -ON 3NOHd PACIFIC VIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 TAXi (C1Q) 722 63D6 Telephone; (019) 722 63DO September 25, 1996 Mr. William E. Plummer, District Engineer Carlsbad Municipal Water District 5950 El Camino Real, Carlsbad, CA 92008 (619) 438-3367 * RE: ELM STREET RESERVOIR. CARLSBAD TENTATIVE TRACT MAP CT 96-03, 30 single family detached residential homes. APN 167-250-16; N.E. Corner of Donna at Carlsbad Village Drive. Dear Mr. Plummer, Thank you for our meeting of July 30, 1996. In response to our former discussions and my letter of May 31, 1996, we have redesigned the above Tentative Tract Map. I have enclosed a fresh copy for your review. Essentially, our request has not changed from prior conversations. Simply, our proposal is an exchange. That is, the Carlsbad Municipal Water District's ("the Dlstrict(s)") excess Elm Reservoir property known as "surplus land", in trade for the value of our surrounding Elm Reservoir street and landscaping Improvements. Such will be in conjunction with our tract CT-96-03 development and beneficial to all as said surplus land will be used in favor of the public as street right- of-way. As illustrated by the enclosed drawings, area "A" consists of i*46 square feet at the N.E. corner of Carlsbad Village Drive and Donna Drive. Area HB" is -SfHjT square feet located on our proposed public street identified as MBW. The total equates to feet, (i.e. 846 + S.^fS^.f.). Formulated upon comparative data, the realistic value of the District's subject 5?§94 square feet is $1.35 per square foot for a total of $67045.76, (i.e. $1.35 x 5#91 square feet). 8$ ,8^-45 As noted by the enclosed letter from Engineers, R.D.G. Consultants, the value of the Improvements which we propose In trade is $10,705.50 (i.e. $1,689.25 + $9,016.25). Yet actually, this number is conservative in the District's favor as we propose to also (of course with your approval and on going direction), substantially enhance present landscaping improvements which now enclose the Elm Reservoir. In essence, we estimate the real value of our contribution to this exchange at approximately, $17,000 - $20,000. Finally as discussed, our request is for the District's approval to realign the existing Elm Reservoir's easement as illustrated by the enclosed Tract Map. Such now encumbers our property on the south and west as a 15' water easement. As we agreed, said realignment will be more efficient for the District as well as our project. Mr. William E. Plummer, District Engineer Carlsbad Municipal Water District September 25, 1996 Page 2. of 2. In summary, the above exchange is for value that our project will Infuse. Said value is in trade for a small land surplus owned by the District. This exchange is in favor of the public. That is, said surplus land will escheat from one public agency, (I.e. the District), to instead another public agency, i.e. the City of Carlsbad. All of which shall be for the benefit of the public as a street thoroughfare. As for the realignment of the District's existing Elm Reservoir's easement which now encumbers our property, this will also benefit the District as well as our project design. It will be more efficient for the District as the District's easement will increase from 15' to instead, a 20* wide easement. Moreover, this realignment will alleviate much risk of homeowners invading the District's easement with homeowner plantings of future trees and plants within these confines. In closing, we are now at final resolution. Our tract now meets all City requirements and thus we need to resolve this issue. Therefore, we are respectfully asking if you will now begin the process for this exchange so that we may move forward with the above provisional agreements. As discussed in our July 30, 1996 meeting and my May 31, 1996 letter, these requests are reasonable and beneficial to all concerned. Again, we are most appreciative of your considerations and helpfulness. It has been a pleasure working with you and the District. Should you have any further questions, please don't hesitate to call me direct at (619) 720-9785. Thanking you in advance for your prompt response and consideration in this matter, I am, Respectfully, PACIFIC VIEW LTD. Don L. Jack Managing Member DLJ/m Enc. 3042 HARi^^BsTfcBET -CARLSBAD, CALIFORNIA TELEPHONE (619) 729-0150 - FAX (619) 729-0282 pcr your request, 1 have enclosed an estimate of probable cost for the surface improvements over ,l,c property within the Carlsbad Municipal Water Dist. Elm Reservoir Site affected by your and ear-marked to be public roadway. 'A1 Cuiixfc Gutter - 'A'Sidewalk - './»' Street Surfacing 'A'Landscaping - 'B' Curb & Gutter - 'B'Sidewalk - 'B' Street Surfacing • 'B1 Landscaping - 35L.K@$7.50 = 219 S.F. @$1.50 = 245 S.F. @$ 1125- 330 S.F. @ $2.40 = TOTAL $262.50 $328.50 $306.25 $792.00 $1,689.25 204L.F. @$7.50 = $1,530.00 •1020 S.F. @ $1.50= $1,530.00 2845 S.F. @ $1.25= $3,556.25 1000 S.F. @ $2.40= $2400.00 TOTAL $9,016.25 r .limaiL doc.« not include landscape improvement, over the ta:;: ;.ue property '»'hirl -vj}' »,mi:ii undci Water Dist. jurisdiction. you have any questions or if I can be of any further assistance, please do not hesitate to To: KQUON,BWOJC Cc: TWOODS.RRUDO From: Gary Wayne Subject: PACIFIC VIEW PROPERTY TRANSFER Date: 6/3/97 Time: 4:28PM Please obtain approval from either Ray Patchett or Frank Mannen for the transfer of the two slivers from the reservoir parcel to Pacific View Estates in return for compensation equal to or greater than the value of the property. You'll need to demonstrate the value of the property transferred; and the value of the property (or services) received, excluding value of the property/services to merely make us whole (i.e., this is a net value or you can't count the value of the improvements/services that they would be responsible for anyway). RECEIVED ^•K)\ . r\ ^^fc vj mo < JUN 0 4 1997 J^e 3, 1997 T^R.1 ^*~°S T ^^ ^ CARLSBAD To: "Bud" Lewis, Mayor and City Council Members ,RJa&f4ftll$6 DEPT. From: Nick Giovinazzo, President, Hillgate Estates Honorable Mayor and Council: I am certain that all of you would agree that everyone in a free society is entitled to live with a certain modicum of safety and tranquility. We choose our homes and neighborhoods usually based upon these premises. For some it may take a lifetime. As parents of five and grandparents of a growing brood, we could no longer remain in a two bedroom condo in Solana Beach which we purchased in 1976. We expect to bond and form lasting and influential relationships with our grandchildren. So in 1993 we found a four bedroom home in a quiet and tranquil eucalyptus grove on a dead end street in Carlsbad, the find of a life time for sure. We discovered people of like values. We entertain and enjoy our {now 17) grand children during vacations and holidays with confidence from a street and neighborhood not impacted by through traffic. I became President of the Homeowners Association. My wife heads a social committee in which the entire neighborhood including children enjoy two wonderful functions a year. One is the Fourth of July Picnic on our own picnic grounds. The other is the Open House Holiday parties in which we respect varied religious beliefs and enjoy the holiday foods of many ethnic backgrounds as we walk from home to home. Recently we received final word of a development immediately south and west of our association. The Planning Commission and, we assume, the City Council reduced the original 42 homes proposal to 26 and added many green belt and recreational areas to the plan which is certainly consistent with our neighborhood of 32 homes.We welcome the attitude of the City Council and Commission who were obviously concerned with density. However, as a group we are petitioning the City Council and Commission for one concession. Hosp Way is the entrance/exit to El Camino Real and Monroe Street for the 300+ Camino Pointe Village and Sea Crest Apartments, 125 unit Hosp Woods Association and our own 32 unit Hillgate Estates Association. Then there are the 26 new houses at Pacific View. If Wintergreen Drive goes through to Carlsbad Village Drive, many of the cars from these complexes are quite likely to take the short cut through our neighborhood to Carlsbad Village Drive or the other way home. Sooner or later we are going to have a bad accident and I can only pray none of us or our children who now can play on our sidewalks are involved. Ladies and gentlemen of decision-making, please think of the 26 new home owners for Pacific View and the expectations by those persons of a tranquil neighborhood with executive homes ranging from 300 to 400 thousand dollars! Think of the existing 32 members of Hillgate Estates, most who purchased here six years ago and homeowners who have NEVER seen over 20 cars traveling to and from work, the mailman once a day, Fed Ex or UPS on occasion and trash trucks once a week! We, like everyone else, deserve the right to keep our neighborhood safe and not increase the noise level already impacting our neighborhood from apartments below, True we do not have major problems with those apartments especially since new ownership has occurred. They have trimmed trees, painted and landscaped and have effectively controlled much of the irritating noise which has occurred in the past. We applaud their efforts. But they cannot control driving habits or attitudes of their renters. Hosp Way is a dangerous speedway and certainly needs a Stop Sign at Wintergreen and Grove. But the consequences of a Stop Sign there will give drivers the advantage of making a turn onto Wintergreen, if it is a through street, and creating chaos in a beautiful, safe and tranquil neighborhood. Please do not add to the Hosp Way problem by creating another Hosp Way! Keep Wintergreen a dead end and convince Pacific View, the developer to our South that a cul-de-sac is the best possible answer on their side of Wintergreen. We would never object to foot traffic for children going to school. We welcome that possibility. Two to three hundred cars a day would absolutely devastate our way of life as well as destroy our property values. Thanks you for your consideration. We welcome the opportunity to meet with you at any time for discussion. Sincerely, Nick Giovinazzo, President, Hillgate Estates 2948 Wintergreen Dr. Carlsbad Phone 434-1214 Nick Giovinazzo, a UCLA graduate, competed in both football and track. He taught and coached for 35 years. His last 22 years was at Los Angeles Valley College as a full Professor and member of the academic senate. He served as chairperson for Health, Physical Education, Recreation and Athletics for eight years. Upon retirement he became a four time president of Seascape Sur Management Corporation and a two time president of Hillgate Estates. He served four years on the Parks and Recreation Commission of Solana Beach, two of those years as chairperson. Carlsbad Planning Commission C/0 Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 To The City Planners, May 19, 1997 This petition is sent to you in the interest of the residents of Hillgate Estates, located offiof Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. ADDRESS Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19, 1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located off ^f Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME / ADDRESS Carlsbad Planning Commission C/0 Michael Holzmiiier Planning Director 2075 La Palmas Drive Carlsbad, California 92009 To The City Planners, May 19,1997 This petition is sent to you in the interest of the residents of Hiilgate Estates, located offXHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetAVintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. ADDRESS ^'"' Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located offJefHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS V CM*****0?***C» Michael Hoto»*« M»*w*Carlsbad, Crf*"-92"09 May 19, W^ .,..,. ,«es, of *« residents «W^ eS»Klf their bikes and traffic is rcsuiww—informed that there is intention of opening up Winter green wu v vDrive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME. ^ ADDRESS — **i -^ / Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hiligate Estates, located off /faosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet At this time this is a quiet neighborhood where children can safely play and nde their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 To The City Planners, May 19, 1997 This petition is sent to you in the interest of the residents of Hillgate Estates, located off^Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS (1 i i Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located off^Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and nde their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetAVintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. ADDRESS Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located offXHosP Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. ADDRESS ...y. / * \f *^^ Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located offjrf Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet At this time this is a quiet neighborhood where children can safely play and nde their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. ADDRESS Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 To The City Planners, May 19, 1997 This petition is sent to you in the interest of the residents of Hillgate Estates, located offjaf Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19, 1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located ofF^ Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS Au. s y\ o \j ^ ____ ^ Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19, 1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located off tf Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS Carlsbad Planning Commission C/0 Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19, 1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located offjaf Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetAVintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19, 1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located off>f Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS M\, JD. (j. Planning Consultants Engineering Project Management 30-42 HAKD1MG STREET - CARLSBAD , CAHttJRMA 92008 TELEPHONE (760) 729-0150 - FAX (760) 72941282 May 27, 1997 f-.^L-i, »•-*-. MAY 2 7 1997 Ms. Teresa Woods . .^u l .r..'" .."'•""c- Carlsbad Community'Development, Planning Department '-" '""""' 2075 Las Palmas Drive Carlsbad, CA 92009-5176 Re: PACIFIC VIEW ESTATES-Donna Street & Carlsbad Village Drive-Tentative Map No. CT 96-03 Dear Tern: This letter is written to report to you the resolution of issues addressed by Mr. Ken Dabbs at the Planning Commission hearing held May 21, 1997. The result of meetings and discussions held on May 23, 1997 are as follows: Lots 10 and 32; Locations have been viewed and accepted, however the northerly line of lot 10 shall be adjusted to facilitate Dabbs' future home-site. Exhibit attached. Lot 10; Will not be paved, however the Pacific View HOA will carry a landscape maintenance easement over this lot until such time the access lot is utilized. Lot 33; Elevation of 280.00 is accepted as designed. The issue of privacy has been cleared up with the understanding that the windows over looking the Dabbs' property are not readily accessible or are of obscure glass. Utility Stubs( Wet); Developer agrees to install sewer and water service stubs to the proposed street right of ways at access lots 10 and 32. Developer agrees to bear the cost of labor and materials for the installation. It is understood Dabbs will pay all agency fees, charges and deposits. It is also understood that Dabbs will bear all expenses for the extension of these services beyond the R.O.W. onto the property. Utility Stubs(Dry); Developer agrees to assist in facilitating the installation of gas, electric, telephone and cable service stubs to the proposed street right of ways at access lots 10 and 32. It is understood that all costs related to the installation of these services shall be born by the Dabbs' property and will include but not be limited to labor, materials, connection charges and agency fees and deposits. Fees, charges and deposits for these services shall be paid by Dabbs when required. R. O. G. Consultants May 2 7,1997 Pace 2 If you should have any questions or if I can be of further assistance to you. please do not hesitate to call. Sincerely, RDG CONSULTANTS Ronald D. Grunow, P.E. Reviewed. Acknowledged and accepted. Kenneth R. Dabbs Pacific View Elates > Don Jack, Managing Member EXHIBIT "X" EXHIBIT LOT 10 OPEN SPACE 12 ACCESS LOT 1 1 EN SPACEA ACCESS OT 10 OPEN SPACE 38.32' ^~~ LOT 9 FIC1PACIFIC VIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 Facsimile: (619)720-9785 Telephone: (619)720-9785 May 15, 1997 (Facsimile & Delivery) RECEIVED Mr. Lloyd Hubbs, R.C.E., City Engineer City of Carlsbad M AV 1 R 1QQ7 2075 Las Palmas Drive Carlsbad, CA 92009-1576 pwriNEERING (619) 438-1161, Ext. 4391, Fax:438-0894 DEPARTMENT RE: CT 96-03/PUD 96-03/Site Development Plan 96-04/Hillside Development Plan 96-03. 8.52 Acres, 26 SFR Detached Lots. AP NO. 167-250-16; N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Mr. Hubbs, The above project is scheduled for Planning Commission Review on May 21, 1997. We as the developer have had several ongoing conversation with Ken Quon regarding efforts to work out viable solutions to a few Approval Conditions which are of concern. Please let me explain. One of the Conditions calls for the following: The following is an excerpt of our May 12, 1997 letter to Mr. Michael Holzmiller. Planning Director: "The developer shall bond for five (5) years, one-fourth (l/4th) of the cost for the design and construction of a traffic signal and advance warning system at Wintergreen Drive and Hosp Way..." and furthermore, l/4th bonding "...at Donna Drive and Carlsbad Village Drive." These two (2) conditions gives us great concern and are, vehemently protested. Again, please let me detail. 1. First, bonding for traffic lights is an extremely onerous, long term liability. This is a very burdensome hardship to be place on such a small development. Simply, an expensive, bond must be procured every year for five (5) years. That means the developer must annually re-qualify for a bond and pay fees for five (5) long years. Bonding requirements in this case are unnecessary and as noted below are far reaching. Signalization has already proved NOT warranted, (see January 18,1996,O'Rourke Engineering "SIGNAL WARRANT ANALYSIS"). Said study was required by the City, is on file with the City, and confirms that traffic Signalization is NOT an issue. 2. The subject PVE project is IN FILL property. Both Hosp Way and Carlsbad Village Drive are essentially fully built-out as established and existing streets. The likelihood of major increased traffic or additional development from either terminus is unlikely. The likelihood of major increased traffic or additional development is not a real threat and thus, bonding is simply wasted cost, effort and time. Mr. Lloyd Hubbs, R.C.ity Engineer May 15, 1997 Page 2 of 3. 3. As defined by the City's Traffic Control, Hosp Way is no more than a "Collector Road" which carries minimal daily traffic. Hosp Way is anticipated to have no more than continued minor traffic flow. Moreover, the Wintergreen Drive Tract 88-2, (i.e. the Hillgate Estates) was built in 1988 and consist of 33 existing homes. It is unreasonable and wrong to burden PACIFIC VIEW ESTATES with such traffic signal bonding when in fact, said Hillgate Estates Tract 88-2 was never assessed any such similar bonding requirements. 4. The subject project is only 26 building lots. Design consists of two (2) individual streets. This was necessary as each street must serve individual areas, i.e. two (2) separate geographical terrains. These two (2) areas are divided by nearly 1/2 mile (± 2,000') of street. Access to Street "A" is literally, 1/2 mile from the access to Street "B". It is important to realize that only seven (7) of these PACIFIC VIEW ESTATE lots front on Street "A". The remaining 19 lots front on Street "B". Logically, the 7 Street "A" lots will be serviced by Hosp Way, while the 19 lots of Street "B" will take access/egress from Carlsbad Village Drive. Therefore, Hosp Way at Wintergreen Drive is realistically affected by only 7 lots. Likewise, Donna Drive at Carlsbad Village Drive will be affected by only 19 lots from the project. For such minor traffic impacts, (i.e. 19 lots serviced from Carlsbad Village Drive and 7 lots from Hosp Way), it is not right to saddle this minor project with such an awesome bonding burden. The projects traffic impact is Insignificant and thus bonding is even more distasteful. 5. As noted above, only 19 lots of the PACIFIC VIEW project will use Carlsbad Village Drive. Excluding the minuscule impact of the four (4) Secondary Dwellings, the additional traffic increase from PACIFIC VIEW'S 19 lots of Street "B" is only 190 vehicles per day. That is 19 Lots x 10 vehicles per day. Yet present traffic count on Carlsbad Village Drive at Donna Drive totals 9.900 per day, (i.e. per April, 1997 City of Carlsbad report of 5,000+ Easterly and 4,900+ Westerly each 24 hour period). Simply, PACIFIC VIEW'S impact is literally only 1.9% of 100% of Carlsbad Village Drive's daily traffic, (i.e. 190 vehicles per day divided by 9,900). This 1.9% is an insignificant increase in traffic. It is ridiculous to ask this small project to burden the bonding of an "Unwarranted" traffic signal. 6. Lastly, as submitted to Mr. Quon, this is the first we have heard of any such bonding for signalization. Enclosed, please find a copy of the City requested, R.D.G. Consultants letter dated April 29, 1997. Such illustrates that PACIFIC VIEW ESTATES, a project of only 26 lots, will already suffer literally an additional $100.000+ in added costs simply to accommodate the City's request to connect to Wintergreen Drive. We feel any such bonding requirements for this minor 1.9% traffic increase to be an additional unjustified hardship causing more expense and liability to a project already strained with same. Mr. Lloyd Hubbs, R.C.w^ity Engineer ^^ May 15, 1997 Page 2 of 3. Mr. Quon has indicated he will provide supplemental details regarding our prior conversations. We are simply requesting a more equitable arrangement. We believe a signal at Wintergreen is NOT at all warranted. Regarding Carlsbad Village Drive at Donna Drive, certainly we understand the desire for future signalization yet, as indicated, the impact our project presents is only 1.9% of the whole. Will you please consider a more fair arrangement at perhaps, 1/1 Oth. It has been brought to our attention that we may be conditioned to pave open space lot ten (10). Please understand lot 10 will belong to the abutting property owner, (i.e. Mr. Dabbs). His intentions are to developed his property some in the future. It may be many years before Mr. Dabbs decides to build on the subject property that this access Lot 10 will service. The agreement we made with Mr. Dabbs was that he would pay for and place the street improvements when needed. This Lot 10 is across the street from our models. We want to avoid an unattractive driveway which essentially leads to no where. We had intended to plant this site with beautiful landscape. This is especially important during our sales period. To solve this problem, we are offering that our Homeowners Association be allowed to reserve a simple landscape maintenance easement over said Lot 10 until such a time that Mr. Dabbs does in fact development and utilize this access. At that time, our association will abandon this maintenance easement. Finally, simply to reiterate on recent points regarding the improvement build out of PACIFIC VIEWS Phase 3, we do accept at the construction of Phase 2, the requirement to pave the full width street to thereby accommodate secondary access to Wintergreen Drive, from Carlsbad Village Drive at Donna Drive. It is our understanding that Phase 2 will not be burdened with the Curbs, Gutters, Sidewalks or underground including but not limited to sewer and water. Other than secondary access, Phase 3, i.e. Donna Drive, is not attached, nor linked or co-mingled with our Phase 1 and 2 developments. Each are separate from the improvements of Phase 3. As a small development, it is difficult to nearly impossible to have today's conservative construction lenders finance more improvements than the Phase that their loan is associated with. Should you have further 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, I am, Respectfully, PACIFIC VIEW ESTATES Don L. Jack Managing Member DLJ/m Enc. Letter of May 12, 1997 to Mr. Michael Holzmiller, Planning Director May 12, 1997 Mr. Michael Holzmiller, Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4447, Fax:438-0894 RE: CT 96-03/PUD 96-03/Site Development Plan 96-04/Hillside Development Plan 96-03. 8.52 Acres, 26 SFR Detached Lots. AP NO. 167-250-16; N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Mr. Holzmiller, Thank you for our 11:30 am meeting with staff this morning. With but a few modifications and/or exceptions, I am in full accord with the May 21, 1997, "REPORT TO THE PLANNING COMMISSION". Please allow me to explain. In the same numbering order as this May 21, 1997 report, they are as follows: Page 2, 4th paragraph from the top: "The proposed residential lots range in size from 7,002 to 29,098 square feet." This square footage is in error. The correct square footage is 7,006 to 36,098 square feet. Reso. No. 4100, Page 6, Paragraphs 26, 27, 28 and 29: Lot number 18 is in error and should be corrected in all four (4) paragraphs, i.e. numbers 26, 27, 28, & 29. The correct lot number should instead be, Lot 14. Reso. No. 4100, Page 9, Line 12: "... Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict..." We would like to obtain a copy of this deed restriction verbiage and the Affordable Housing Agreement. Reso. No. 4100, Page 9, Line 17: "22. Within 90 days of the approval of CT 96-03, the Developer shall pay to the City a fee to purchase .5 of an affordable housing subsidy unit..." Mr. Michael Holzmille^^lanning Director May 12, 1997 Page 2 of 5. We are simply requesting that this fee become due and payable at the time we pull phase one (1) building permits. Phase 1 is very tight. This request will thereby allow us to co-ordinate payment from our construction loan. Reso. No. 4100, Page 10, Line 27: "...of lots 4-13, 18-20 and 27-33..." We believe this numbering sequence in error as lots 1, 17, 15, and 26 should be ADDED. Lots 30, 31, and 32 should be deleted. Reso. No. 4100, Page 11, Line 4: "Prior to approval of the final map, the Developer shall be required; 1) to consult with the United States Fish and Wildlife Service (USFWS) regarding the impact..." This is a duplication of work and effort. We have already consulted with the USFWS and derived satisfactory mitigation measures as previously presented to the City. We are requesting this condition be removed. Reso. No. 4100, Page 11, Line 14: "The Walls on Lots...". To specify a wall color based upon the color of the soil is too ambiguous. May we use our future choice of either an earth tone slump stone, or an earth tone slope retaining wall, or a cinder block covered in earth tone stucco colors. \ (Ref:4/30/97, letter to Ken Quon), Reso.4100, Pg.12, Line 8: "Rain gutters must be provided to convey roof drainage to ...." 1. We are requesting this condition be removed. Based upon recent Carlsbad construction experience, (i.e. our Cove Drive project), this condition will cost approximately $1,000 per home. This is an unnecessary extra cost which must be passed on to each PACIFIC VIEW home buyer. As a small development, it is important to us to keep pricing competitive. 2. Please note, each and every PACIFIC VIEW (hereinafter "PVE") lot design will already incorporate adequate and proper drainage. Rain Gutters are simply an overkill and not needed. Rear and side yard swales will amply discharge rain water runoff. 3. It is not as if PVE's lots were each 1 or 2 acres in size. Instead, PVE's lots average about 8,800 square feet. The length of our longest side yard drainage swale will only be about 65'+. Such is an easy accommodation with simple ground drainage swales. Swales have been the industry standard for now decades. Mr. Michael Holzmille^^lanning Director May 12, 1997 Page 3 of 5. 4. Finally, southern California enjoys an arid desert climate. According to the National Weather Service, such generates an average of only 14.2" of rain fall per year. This is not a problem as perhaps the Great Northwest or the like. Simply, roof Gutters are an unnecessary cost which is just another burden placed on the home owner. We feel this not right and respectfully request this condition be removed. Please understand we are earnestly trying to provide a superior product at a fair and affordable price. Every superfluous cost tears at this goal. (Ref:4/30/97, letter to Ken Quon), Reso.4100, Pg.13, Line 3 "45. No grading for private improvements shall occur outside the limits of the subdivision unless..." We are NOT asking that this condition be removed. Simply modified to accommodate the real and actual circumstance. To save costs, please recognize that our project is being developed in three (3) separate phases. Unless directly dependant, grading requirements for one phase should NOT be affected by another phase. We have purposefully designed each phase to be independent. This includes individually phased grading, streets, curbs, gutters, lighting, infrastructure, etc.. Specifically, we are concerned that the grading requirements of Donna Drive which is Phase 3, should NOT prevent Street "A", i.e. Phase 1 and/or Phase 2 from commencing immediate construction. Phase 3, i.e. Donna Drive, is not attached, nor linked or co-mingled with our Phase 1 and 2 developments. Each are separate from the improvements of Phase 3. We simply request that the City NOT prevent our Phase 1 or 2 from moving forward merely due to a grading requirement of phase 3. This is a reasonable request and absolute key to the success of the project. We are asking you to clearly state that Phase 1 and 2 may move forward immediately while the above restriction be resolved in its proper sequence prior to Phase 3 building permits. (Ref:4/30/97, letter to Ken Quon), Reso.4100, Pg.14,Line 11 "Complete half-width street improvements plus 12' of additional paving on Donna Drive from the project boundary to its intersection...." Again, we are NOT asking that this condition be removed. We are merely requesting that you clearly state that Phase 1 and 2 may move forward immediately while the above restriction be resolved in their proper sequence prior to Phase 3. Mr. Michael Holzmille^^lanning Director May 12, 1997 Page 4 of 5. (Ref:4/30/97, letter to Ken Quon), Reso.4100, Pg.14,Line 14 "A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Section 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months...." The subject project is anticipated to be a 3 phase, 36 month development. May this paragraph be modified from 18 months, to instead 36 months. (Ref:4/30/97, letter to Ken Quon), Reso.4100, Pg.14, 19-22: "The developer shall bond for five (5) years, one-fourth (l/4th) of the cost for the design and construction of a traffic signal and advance warning system at Wintergreen Drive and Hosp Way..." and furthermore, l/4th bonding "...at Donna Drive and Carlsbad Village Drive." These two (2) conditions gives us great concern and are, vehemently protested. Again, please let me detail. 1. First, bonding for traffic lights is an extremely onerous, long term liability. This is a very burdensome hardship to be place on such a small development. Simply, an expensive, bond must be procured every year for five (5) years. That means the developer must annually re-qualify for a bond and pay fees for five (5) long years. Bonding requirements in this case are unnecessary and as noted below are far reaching. Signalization has already proved NOT warranted, (see January 18, 1996, O'Rourke Engineering "SIGNAL WARRANT ANALYSIS"). Said study was required by the City, is on file with the City, and confirms that traffic signalization is NOT an issue. 2. The subject PVE project is IN FILL property. Both Hosp Way and Carlsbad Village Drive are essentially fully built-out as established and existing streets. The likelihood of major increased traffic or additional development from either terminus is unlikely. The likelihood of major increased traffic or additional development is not a real threat and thus, bonding is simply wasted cost, effort and time. 3. As defined by the City's Traffic Control, Hosp Way is no more than a "Collector Road" which carries minimal daily traffic. Hosp Way is anticipated to have no more than continued minor traffic flow. Moreover, the Wintergreen Drive Tract 88-2, (i.e. the Hillgate Estates) was built in 1988 and consist of 33 existing homes. It is unreasonable and wrong to burden PACIFIC VIEW ESTATES with such traffic signal bonding when in fact, said Hillgate Estates Tract 88-2 was never assessed any such similar bonding requirements. 4. The subject project is only 26 building lots. Design consists of two (2) individual streets. This was necessary as each street must serve individual areas, i.e. two (2) separate geographical terrains. These two (2) areas are divided by nearly 1/2 mile (+ 2,000') of street. Access to Street "A" is literally, 1/2 mile from the access to Street "B". Mr. Michael HolzmillenWanning Director May 12, 1997 Page 5 of 5. It is important to realize that only seven (7) of these PACIFIC VIEW ESTATE lots front on Street "A". The remaining 19 lots front on Street "B". Logically, the 7 Street "A" lots will be serviced by Hosp Way, while the 19 lots of Street "B" will take access/egress from Carlsbad Village Drive. Therefore, Hosp Way at Wintergreen Drive is realistically affected by only 7 lots. Likewise, Donna Drive at Carlsbad Village Drive will be affected by only 19 lots from the project. For such minor traffic impacts, (i.e. 19 lots serviced from Carlsbad Village Drive and 7 lots from Hosp Way), it is not right to saddle this minor project with such an awesome bonding burden. The projects traffic impact is Insignificant and thus bonding is even more distasteful. 5. As noted above, only 19 lots of the PACIFIC VIEW project will use Carlsbad Village Drive. Excluding the minuscule impact of the four (4) Secondary Dwellings, the additional traffic increase from PACIFIC VIEW'S 19 lots of Street "B" is only 190 vehicles per day. That is 19 Lots x 10 vehicles per day. Yet present traffic count on Carlsbad Village Drive at Donna Drive totals 9.900 per day, (i.e. per April, 1997 City of Carlsbad report of 5,000± Easterly and 4,900+ Westerly each 24 hour period). Simply, PACIFIC VIEW'S impact is literally only 1.9% of 100% of Carlsbad Village Drive's daily traffic, (i.e. 190 vehicles per day divided by 9,900). This 1.9% is an insignificant increase in traffic. It is ridiculous to ask this small project to burden the bonding of an "Unwarranted" traffic signal. 6. Finally, as submitted to Mr. Quon, this is the first we have heard of any such bonding for signalization. Enclosed, please find a copy of the City requested, R.D.G. Consultants letter dated April 29, 1997. Such illustrates that PACIFIC VIEW ESTATES, a project of only 26 lots, will already suffer literally an additional $100.000+ in added costs simply to accommodate the City's request to connect to Wintergreen Drive. We feel any such bonding requirements for this minor 1.9% traffic increase to be an additional unjustified hardship causing more expense and liability to a project already strained with same. Should you have further questions or if I may be of any assistance, please don't hesitate to call me direct at (760) 720-9780. Thanking you in advance for your consideration, I am, Respectfully, PACIFIC VIEW ESTATES Don L. Jack Managing Member DLJ/m Enc. City of Carlsbad Planning Department May 13, 1997 Pacific View Ltd. Don Jack PO Box 2198 Carlsbad CA 92018 SUBJECT: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 - PACIFIC VIEW ESTATES Dear Mr. Jack: Pursuant to the recently adopted Assembly Bill 3158, Chapter 1706, Statutes of 1990, it has been determined that your project is subject to filing fees of $1,275.00 levied by the State Department of Fish and Game. This fee is payable to the County on approval of your project. Please submit a check for the above amount (payable to the City of Carlsbad) to Teresa Woods at the City of Carlsbad, Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009-1576. Please note the application will not be heard until the fee has been received by the Planning Department. If you have any questions, please contact Teresa Woods at (760) 438-1161, extension 4447. Sincerely, TERESA WOODS Associate Planner TW:kr 2075 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 - (619) 438-1161 • FAX (619) 438-0894 NOTE ADDITIONAL FEES. STATE DEPARTMENT OF FISH & GAME Cities and Counties throughout California has been notified of legislation (AB 3158, Chapter 1706, Statutes of 1990} which became effective on January 1, 1991. This law requires the State of California Department of Fish and Game to levy a fee to all project applicants (public and private) subject to the California Environmental Quality Act (CEQA) to defray the cost of managing and protecting fish and wildlife trust resources. Projects which are categorically exempt from CEQA and which have no adverse impact on fish and wildlife or projects which are denied, are not subject to the fee. All other projects are subject to the following fees: Projects with Negative Declarations $1,275. Projects with EIRs $875. Due to State Law constraints the City of Carlsbad will collect the fee where applicable and pass it to the County of San Diego. After submission, the City of Carlsbad Planning Department will make an Environmental Assessment of your application. After this initial assessment the Planning Department will notify you if the fee is required. State Department of Fish and Game P.O. Box 944209 Sacramento CA 94244-2090 (916) 445-3531 May 13, 1997 TO: TERESA WOODS, ASSOCIATE PLANNER FROM: Associate Engineer Quon AMENDED AND ADDITIONAL CONDITIONS PACIFIC VIEW ESTATES, CT 96-03/PUD 96-03/SDP 96-04/HDP 96-03 The following are amended and additional conditions for the above referenced project. Please amend or add, as appropriate. The numbering of the amended conditions is the same as the numbering of the conditions in the DCC staff report and resolutions. 38. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. Alternatively, the developer may submit to the City Engineer a letter from their soils engineer stating their approval of a drainage design which conveys runoff to a swale located less than 5' from the building face. 50. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: Phase 1 1. Full width street improvements of "A" Street. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. Phase 2 1. Full width street improvements of "B" Street and Wintergreen Drive within the boundaries of Phase 2. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. Phase 3 1. Full width street improvements of "B" Street within the boundaries of Phase 3. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Complete half-width street improvements plus 12' of additional paving on Donna Drive from the project boundary to its intersection with Carlsbad Village Drive. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. 4 Concurrent with final map approval, deed restrictions shall be placed and recorded over Lots 10, 11, and 32, restricting the use of these lots solely for access purposes. + Prior to issuance of building permit, the developer shall demonstrate to the satisfaction of the City Engineer that all existing private access easements over the project site have been quitclaimed or otherwise extinguished. + Access and utilities to all adjoining lots shall be available at all times, including during construction. Prior to issuance of grading permit, the developer shall submit a plan, for review and approval by the City Engineer and Fire Marshall, which demonstrates how access is to be maintained to adjoining properties during construction. 54. Prior to occupancy of the first unit in Phase 1, the developer shall grant title of Lots 10 and 11 to the respective adjoining property owners. 55. Prior to occupancy of the first unit in Phase 2, the developer shall grant title of Lot 32 to the adjoining property owner. If you have questions regarding any of the comments above, please contact me at extension 4380. KENNETH W. QUON Associate Engineer c: City Engineer Bob Wojcik, Principal Civil Engineer PAC 05/13/97 10:56 •&760 4U w 1601 CARLSBAD MWD 0001/001 May 13, 1997 TO: TERI WOODS FROM: William Plummer SUBJECT: PACIFIC VIEW ESTATES, CT 96-03 WATER DISTRICT COMMENTS Add the following conditions: 1 The Elm Reservoir site and the access road property adjacent to the reservoir site are owned by the City of Carlsbad. The proposed tract, CT 96-03, will impact these two properties. Therefore, to be compatible with CT 96-03 the following improvements are required: RESERVOIR SITE: Improve the north and west boundaries of the reservoir site property through grading, construction of curb, gutter, sidewalks, and road surface to match "B" Street and Dona Drive improvements, install new entrance driveway to the reservoir site, and provide a gate, security fencing and landscaping subject to the satisfaction of the District Engineer. On the east boundary provide grading, security fencing and landscaping to the satisfaction of the District Engineer, ACCESS ROAD: Grade the property and construct road improvements to match "B" Street and Donna Drive improvements. 2 The District has an existing water pipeline and easement on the west boundary of the Tract. The District is willing to quit claim the easement provided the developer relocates the water pipeline within a 20-foot wide easement at a location to be reviewed and approved by the District Engineer. The proposed easement shown on the preliminary site plan is tentative and may be relocated to Lot 8. Post-it" Fax Note 7671 « 01 k. /pages f / <*>«**-co. Phone »Phone # Fax* PACIFIC VIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 Facsimile: (619) 720-9785 Telephone: (619) 720-9785 May 12, 1997 Mr. Michael Holzmiller, Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4447, Fax:438-0894 RE : CT 96-03/PUD 96-03/Site Development Plan 96-04/Hillside Development Plan 96-03. 8.52 Acres, 26 SFR Detached Lots. AP NO. 167-250-16; N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Mr. Holzmiller, Thank you for our 11:30 am meeting with staff this morning. With but a few modifications and/or exceptions, I am in full accord with the May 21, 1997, "REPORT TO THE PLANNING COMMISSION". Please allow me to explain. In the same numbering order as this May 21, 1997 report, they are as follows: Page 2, 4th paragraph from the top: "The proposed residential lots range in size from 7,002 to 29,098 square feet." This square footage is in error. The correct square footage is 7,006 to 36,098 square feet. Reso. No. 4100, Page 6, Paragraphs 26, 27, 28 and 29: Lot number 18 is in error and should be corrected in all four (4) paragraphs, i.e. numbers 26, 27, 28, & 29. The correct lot number should instead be, Lot 14. Reso. No. 4100, Page 9, Line 12: "... Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict..." We would like to obtain a copy of this deed restriction verbiage and the Affordable Housing Agreement. Reso. No. 4100, Page 9, Line 17: "22. Within 90 days of the approval of CT 96-03, the Developer shall pay to the City a fee to purchase .5 of an affordable housing subsidy unit..." Mr. Michael Holzmiller^^ranning Director May 12, 1997 Page 2 of 5. We are simply requesting that this fee become due and payable at the time we pull phase one (1) building permits. Phase 1 is very tight. This request will thereby allow us to co-ordinate payment from our construction loan. Reso. No. 4100, Page 10, Line 27: "...of lots 4-13, 18-20 and 27-33..." We believe this numbering sequence in error as lots 1, 17, 15, and 26 should be ADDED. Lots 30, 31, and 32 should be deleted. Reso. No. 4100, Page 11, Line 4: "Prior to approval of the final map, the Developer shall be required; 1) to consult with the United States Fish and Wildlife Service (USFWS) regarding the impact..." This is a duplication of work and effort. We have already consulted with the USFWS and derived satisfactory mitigation measures as previously presented to the City. We are requesting this condition be removed. Reso. No. 4100, Page 11, Line 14: "The Walls on Lots...". To specify a wall color based upon the color of the soil is too ambiguous. May we use our future choice of either an earth tone slump stone, or an earth tone slope retaining wall, or a cinder block covered in earth tone stucco colors. (Ref:4/30/97, letter to Ken Quon), Reso.4100, Pg.12, Line 8 "Rain gutters must be provided to convey roof drainage to ...." 1. We are requesting this condition be removed. Based upon recent Carlsbad construction experience, (i.e. our Cove Drive project), this condition will cost approximately $1,000 per home. This is an unnecessary extra cost which must be passed on to each PACIFIC VIEW home buyer. As a small development, it is important to us to keep pricing competitive. 2. Please note, each and every PACIFIC VIEW (hereinafter "PVE") lot design will already incorporate adequate and proper drainage. Rain Gutters are simply an overkill and not needed. Rear and side yard swales will amply discharge rain water runoff. 3. It is not as if PVE's lots were each 1 or 2 acres in size. Instead, PVE's lots average about 8,800 square feet. The length of our longest side yard drainage swale will only be about 65'+. Such is an easy accommodation with simple ground drainage swales. Swales have been the industry standard for now decades. Mr. Michael Holzmiller^^Knning Director May 12, 1997 Page 3 of 5. 4. Finally, southern California enjoys an arid desert climate. According to the National Weather Service, such generates an average of only 14.2" of rain fall per year. This is not a problem as perhaps the Great Northwest or the like. Simply, roof Gutters are an unnecessary cost which is just another burden placed on the home owner. We feel this not right and respectfully request this condition be removed. Please understand we are earnestly trying to provide a superior product at a fair and affordable price. Every superfluous cost tears at this goal. (Ref:4/30/97, letter to Ken Quon), Reso.4100, Pg.13, Line 3: "45. No grading for private improvements shall occur outside the limits of the subdivision unless..." We are NOT asking that this condition be removed. Simply modified to accommodate the real and actual circumstance. To save costs, please recognize that our project is being developed in three (3) separate phases. Unless directly dependant, grading requirements for one phase should NOT be affected by another phase. We have purposefully designed each phase to be independent. This includes individually phased grading, streets, curbs, gutters, lighting, infrastructure, etc.. Specifically, we are concerned that the grading requirements of Donna Drive which is Phase 3, should NOT prevent Street "A", i.e. Phase 1 and/or Phase 2 from commencing immediate construction. Phase 3, i.e. Donna Drive, is not attached, nor linked or co-mingled with our Phase 1 and 2 developments. Each are separate from the improvements of Phase 3. We simply request that the City NOT prevent our Phase 1 or 2 from moving forward merely due to a grading requirement of phase 3. This is a reasonable request and absolute key to the success of the project. We are asking you to clearly state that Phase 1 and 2 may move forward immediately while the above restriction be resolved in its proper sequence prior to Phase 3 building permits. (Ref:4/30/97f letter to Ken Quon), Reso.4100, Pg.14,Line 11 "Complete half-width street improvements plus 12' of additional paving on Donna Drive from the project boundary to its intersection...." Again, we are NOT asking that this condition be removed. We are merely requesting that you clearly state that Phase 1 and 2 may move forward immediately while the above restriction be resolved in their proper sequence prior to Phase 3. Mr. Michael Holzmiller^^ranning Director May 12, 1997 Page 5 of 5. It is important to realize that only seven (7) of these PACIFIC VIEW ESTATE lots front on Street "A". The remaining 19 lots front on Street "B". Logically, the 7 Street "A" lots will be serviced by Hosp Way, while the 19 lots of Street "B" will take access/egress from Carlsbad Village Drive. Therefore, Hosp Way at Wintergreen Drive is realistically affected by only 7 lots. Likewise, Donna Drive at Carlsbad Village Drive will be affected by only 19 lots from the project. For such minor traffic impacts, (i.e. 19 lots serviced from Carlsbad Village Drive and 7 lots from Hosp Way), it is not right to saddle this minor project with such an awesome bonding burden. The projects traffic impact is Insignificant and thus bonding is even more distasteful. 5. As noted above, only 19 lots of the PACIFIC VIEW project will use Carlsbad Village Drive. Excluding the minuscule impact of the four (4) Secondary Dwellings, the additional traffic increase from PACIFIC VIEW'S 19 lots of Street "B" is only 190 vehicles per day. That is 19 Lots x 10 vehicles per day. Yet present traffic count on Carlsbad Village Drive at Donna Drive totals 9.900 per day, (i.e. per April, 1997 City of Carlsbad report of 5,000+ Easterly and 4,900+ Westerly each 24 hour period). Simply, PACIFIC VIEW'S impact is literally only 1.9% of 100% of Carlsbad Village Drive's daily traffic, (i.e. 190 vehicles per day divided by 9,900). This 1.9% is an insignificant increase in traffic. It is ridiculous to ask this small project to burden the bonding of an "Unwarranted" traffic signal. 6. Finally, as submitted to Mr. Quon, this is the first we have heard of any such bonding for signalization. Enclosed, please find a copy of the City requested, R.D.G. Consultants letter dated April 29, 1997. Such illustrates that PACIFIC VIEW ESTATES, a project of only 26 lots, will already suffer literally an additional $100.000+ in added costs simply to accommodate the City's request to connect to Wintergreen Drive. We feel any such bonding requirements for this minor 1.9% traffic increase to be an additional unjustified hardship causing more expense and liability to a project already strained with same. Should you have further questions or if I may be of any assistance, please don't hesitate to call me direct at (760) 720-9780. Thanking you in advance for your every consideration, I am, Respectfully, PACIFIC VIEW ESTATES Don L. Jack Managing Member DLJ/m Enc. PACIFIC VIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 Facsimile: (619)720-9785 Telephone: (619)720-9785 Apri.30,1997 REC Mr. Ken Quon, Associate Engineer City of Carlsbad M^y g 2075 Las Palmas Drive Carlsbad, CA 92009-1576 ©5W © (619) 438-1161 Ext. 4447, Fax:438-0894 ^l^Lvu RE: CT 96-03/PUD 96-03/Site Development Plan 96-04/Hillside Development Plan 96-03. 8.52 Acres, 26 SFR Detached Lots. AP NO. 167-250-16; N.E. Comer of Donna Drive at Carlsbad Village Drive. Dear Mr. Quon, Thank you for sending a DRAFT of your April 24, 1997, engineering "PROJECT REPORT AND CONDITIONS TRANSMITTAL". As you know, now after more than two (2) years and seven (7) complete re-submittals, we hope that our project will finally receive approval by the Planning Commission on May 21, 1997. Regarding same, this letter will respectfully request the elimination and/or clarification of the following conditions. Please let me explain. In the same numbering order as your DRAFT: 47 . "Rain gutters must be provided to convey roof drainage to ...." 1. We are requesting this condition be removed. Based upon recent construction experience, (i.e. our Cove Drive project), this condition will cost approximately $1,000 per home. This is an unnecessary extra cost which must be passed on to the PACIFIC VIEW ESTATE (hereinafter "PVE") home buyers. As a small development, this is important to us. 2. Please note, each and every PVE lot design will already incorporate adequate and proper drainage. Rain Gutters are simply an overkill and not needed. Rear and side yard swales will amply discharge rain water runoff. 3. It is not as if PVE's lots were to say, 1 or 2 acres each. Instead, PVE's lots average about 8,800 square feet. The length of our longest side yard drainage swale will only be roughly 65'+. Such is an easy accommodation with simple ground drainage swales. Swales have been the industry standard for now decades. 4. Finally, southern California enjoys an arid desert climate. According to the National Weather Service, such generates an average of only 14.2" of rain fall per year. This is not a problem as say, the Great Northwest or the like. Mr. Ken Quon, Associate Engineer April 30, 1997 Page 2 of 6 Simply, roof Gutters are an unnecessary cost which is just another burden placed on the home owner. We feel this not right and respectfully request this condition be removed. Please understand we are earnestly trying to provide a superior product at a fair and affordable price. Every superfluous cost tears at this goal. 61 . "No grading for private improvements shall occur outside the limits of the subdivision unless..." We are not asking that this condition be removed. Simply modified to accommodate the real and actual circumstance. To save costs, please recognize that our project is being developed in three (3) separate phases. Unless directly dependant, grading requirements for one phase should NOT be affected by another phase. We have purposefully designed each phase to be independent. This includes individually phased grading, streets, curbs, gutters, infrastructure, etc.. Specifically, we are concerned that the grading requirements of Donna Drive which is Phase III, should NOT prevent Street "A", i.e. Phase I and/or Phase II from commencing immediate construction. Phase III, i.e. Donna Drive, is not attached, nor linked or co-mingled with our Phase I and II developments. Each are separate from the improvements of Phase III. We simply request that the City NOT prevent our Phase I or II from moving forward merely due to a grading requirement of phase III. This is a reasonable request and absolute key to the success of the project. We are asking you to clearly state that Phase I and II may move forward immediately while the above restriction be resolved in their proper sequence prior to Phase III building permits. 71 . Phase 2 and 3. Item 2: "Complete half-width street improvements plus 12' of additional paving on Donna Drive from the project boundary to its intersection...." Again, we are not asking that this condition be removed. We are merely requesting that you clearly state that Phase I and II may move forward immediately while the above restriction be resolved in their proper sequence prior to Phase III. Mr. Ken Quon, Associate Engineer April 30, 1997 Page 3 of 6 71 . Phase 2 and 3. Item 2, next sequential paragraph: "A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Section 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of...." The subject project is anticipated to be a 3 phase, i.e. a 36 month development. Will you please modify this paragraph from 18 months to instead 36 months. Thank you. 71 . Phase 2 and 3. Item 2, (second diamond): "The developer shall bond for five (5) years, one-fourth (l/4th) of the cost for the design and construction of a traffic signal and advance warning system at Wintergreen Drive and Hosp Way." This condition gives us great concern and is vehemently protested. Again, please let me detail. 1. First, bonding for traffic lights is an extremely onerous, long term liability and very burdensome hardship to be place on our small development. Simply, an expensive, bond must be procured every year for five (5) years. That means the developer must annually re-qualify for a bond and pay fees for five (5) long years. This is reaching and unnecessary as a traffic signal has already proved to be unjustified, (see Signal Warrant Analysis documentation). 2. It is unreasonable to ask for any type of bond for Hosp Way at Wintergreen Drive. Our project is a small IN FILL property. Hosp Way and the entire area is established and fully built-out. The likelihood of major increased traffic by additional development from either terminus to Hosp Way is highly unlikely. 3. As defined by the City's Traffic Control, Hosp Way is no more than a "Collector Road" which carries minimal daily traffic. This was additionally certified by the January 18,1996,0'Rourke Engineering "SIGNAL WARRANT ANALYSIS". This report was required by and is on file with the City of Carlsbad. Said report authenticated that a traffic signal was NOT "Warranted" at Hosp Way. Hosp Way is anticipated to have continued minor traffic flow only. te^ngineMr. Ken Quon, Associate^ngineer April 30, 1997 Page 4 of 6 4. As noted, the subject project is but 26 building lots. Only seven (7) of these PVE lots are on Street "A" which will be serviced by Hosp Way. PVE's remaining 19 lots are on Wintergreen Drive. It is obvious the majority PVE lots on Wintergreen Dr. will ingress/egress from Donna Drive. Therefore, Hosp Way at Wintergreen Drive is realistically affected by only 7 lots in our project. Therefore, the bonding of Hosp & Wintergreen becomes even more insignificant. 5. As noted above, Pacific View Estates has but 7 lots affecting said Hosp Way intersection. The Wintergreen Drive Tract 88-2 was built in 1988 and consist of 33 existing homes, (i.e. the Hillgate Estates). It is unreasonable and wrong to burden Pacific View Estates with such traffic signal bonding when in fact, said Hillgate Estates Tract 88-2 was never assessed any such similar bonding requirements. 6. In conclusion, as certified PVE will have NO significant impact on the intersection of Hosp Way at Wintergreen Drive or the surrounding area. This has been proven by independent survey/analysis. Such does NOT JUSTIFY bonding an "Unwarranted" traffic signal. Such was authenticated in said O'Rourke Engineering "SIGNAL WARRANT ANALYSIS". Bonding is an overkill and unnecessary for a traffic signal which will never be installed. In short, Hosp Way bonding should not be a condition. 71 . Phase 2 and 3. Item 2, (third diamond): "The developer shall bond for five (5) years, one-fourth of the cost for the design and construction of a traffic signal and advance warning system at Donna Drive and Carlsbad Village Drive." 1. First, if the subject project is burdened with any such bond requirement, then a prorata portion thereof should be paid and/or reimbursed by the abutting 2.75 acres identified as the F.D. Adler property, A.P. NO. 156-090-41. 2. Yet, traffic increase in the near future to warrant attaching such an onerous liability to our small Tract of 26 lots is not equitable. Again, bonding and/or signalization was certified as NOT WARRANTED in said January 18, 1996, O'Rourke Engineering "SIGNAL WARRANT ANALYSIS". Said report confirmed that a traffic signal was NOT an issue. 3. Completion of the subject PVE is anticipated within three (3) years from ground breaking. Does this five (5) years bond term mean from completion. Such would therefore be eight (8)+ years from ground breaking. Eight (8)+ years is an unreasonable and ridiculous period. Again as documented above, Bonding for traffic lights is an extreme hardship on a project as small as the PACIFIC VIEW ESTATES. Mr. Ken Quon, Associate^ngineer April 30, 1997 Page 5 of 6 4. Again, the subject PVE project is IN FILL property. Moreover, Carlsbad Village Drive is essentially fully built-out as an established and existing street. The likelihood of major increased traffic or additional development from either terminus is unlikely. The likelihood of major increased traffic or additional development is not a real consequence and thus, wasted cost, effort and time. 5. As set forth above, only 19 lots of the subject PVE project will use Carlsbad Village Drive. The additional traffic increase from PVE to Donna Drive at Carlsbad Village Drive is 8 automobiles per day or only 152 vehicles, (19 x 8upd). This is an insignificant increase and does not justify bonding an "Unwarranted" traffic signal. 6. Finally, this is the first we have heard of any such bonding for Carlsbad Village Drive signalization. Enclosed, please find a copy of the R.D.G. Consultants letter of April 29, 1997. Such illustrates that this small 26 lot project will already suffer literally an additional $100,000+ in added costs simply to accommodate the City's request to connect to Wintergreen Drive. We feel any such bonding requirements to be an additional unjustified affliction causing more expense and liability to a project already strained with same. 71 . Phase 2 and 3. Item 2, (last two (2) diamonds): "Concurrent with approval of..." Simply for your clarification, both of these paragraphs have lots numbers which have been re-numbered per your request. Engineering should correct the same commensurate with your recent directives. 80 . "Some improvement shown on the tentative map and/or..." It is our understanding that this encumbrance specifically applies to Phase III only. Obviously, every effort will be made on our part to promptly facilitate the requirement acquisitions necessary from the adjacent property yet again, rightfully this should be clarified as phase HI only. We are requesting that it be clearly stated that Phase I and II may move forward immediately while the above restriction be resolved in their proper sequence prior to Phase III building permits. Mr. Ken Quon, Associate Engineer April 30, 1997 Page 6 of 6 In closing, we have indicated many time in the past our requested necessity to begin construction as soon as possible. We respectfully request your understanding and indulgence as NOT to burdened our phases one (I) and two (II) with items relative to only Phase III. Simply, the Donna Drive requirements should not prevent, delay or hold up the construction of phases one (I) and two (II). Should you have further questions or if I may be of any assistance, please don't hesitate to call me direct at (760) 720-9780. Thanking you in advance for your consideration, I am, Respectfully, PACIFIC VIEW ESTATES I Don L. Jack Managing Member DLJ/m Enc. T LJ E 16:40 R J'^ *"" nsull.xFriendco 61 S^^^^ 0282 P . 0 1 R, D. G. Project Mftn|*gprtw«t 3042 HAROIWC S1KEJ6T - CARLSBAD, CALIFORNIA TELEPHONE (760) 719-0150 - FAX (760> 729-0182 April 29, 1997 Ms. Teresa Woods Carlsbad Community Development, Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-5176 Re; PACIFIC VI.EW ESTATES-Donna Street & Carlsbad Village Drive-Tentative Map No. CT 96-03 Dear Terri: This letter is written to inform you of the additional costs my client, Pacific View Estates, Inc., will incur. As you know we have been working diligently with staff to resolve all the issues related to this proposed development And the result has been increased grading, additional improvements, and numerous redesigns and delays. The cost increase from the original submitted development is as follows: Increased grading of 9,500 cubic yards @ $4.25 per c.y. = $40,375.00, Additional improvements of relocation of 12" water main 700 linear feet @ $25.00 = $17,500.00. Architecture and engineering extras in excess of $40,000,00 This additional cost of approximately $100,000,00 is a substantial burden which Pacific View has accepted to move the project forward. If you should have any questions or if I can be of further assistance to you, please do not hesitate to catt. Sincerely, RDG CONSULTANTS Ronald D. Grunow, P.E. 4 Enclosure City of Carlsbad Planning Department April 29, 1997 Don Jack Pacific View Ltd. P.O. Box 2198 Carlsbad CA 92108 SUBJECT: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 - PACIFIC VIEW ESTATES The preliminary staff report for the above referenced project will be available for you to pick up on Friday, May 2, 1997, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on Monday, May 12, 1997. A twenty (20) minute appointment has been set aside for you at 11:30 a.m. If you have any questions concerning your project you should attend the DCC meeting. If you need additional information concerning this matter, please contact Teresa Woods at (760) 438-1161, extension 4447. CITY OF CARLSBAD GARY E. WAYNE Assistant Planning Director GEW:TW:bk c: File Copy 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (G19) 438-0894 April 22, 1997 TO: TERESA WOODS, ASSOCIATE PLANNER FROM: Associate Engineer Quon PROJECT REPORT AND CONDITIONS TRANSMITTAL PACIFIC VIEW ESTATES, CT 96-03/PUD 96-03/SDP 96-04/HDP 96-03 The Engineering Department has completed its review of the subject project. The Engineering Department is recommending that the project be approved subject to the following conditions: General 38. Prior to issuance of any building permit, the developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formerly established by the City. 40.This project is approved for up to three final subdivision maps for the purposes of recordation. 41. If the developer chooses to record a final subdivision map out of the phase shown on the tentative map, the new phasing must be reviewed and approved or conditionally approved by the City Engineer and Planning Director. 42. NOTE: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be met prior to approval of a final map. 44. All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs (if maintained by the Association) and on the final map. 45. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. 46. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 47. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 48. The developer shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the final map (and in the CC&R's): "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street- Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition." Fees/Agreements 50. The developer shall pay all current fees and deposits required. 51. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. 56. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. Grading 58. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project appears to be required. The developer must submit and receive approval for grading plans in accordance with City codes and standards prior to issuance of a building permit for the project. 59. Prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. 61. No grading for private improvements shall occur outside the limits of the subdivision unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either amend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. Dedications/Improvements 64. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 66. Prior to issuance of building permits, the developer shall underground all existing overhead utilities within the subdivision boundary. 67. Direct access rights for all lots abutting Carlsbad Village Drive shall be waived on the final map. 70. The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 71. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: Phase 1 1. Full width street improvements of "A" Street. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. Phases 2 and 3 1. Full width street improvements of "B" Street, Donna Drive, and Wintergreen Drive. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Complete half-width street improvements plus 12' of additional paving on Donna Drive from the project boundary to its intersection with Carlsbad Village Drive. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. • The developer shall obtain a City right-of-way permit prior to beginning construction of street improvements for Phases 2 and 3. • The developer shall bond, for five years, one-fourth of the cost for the design and construction of a traffic signal and advance warning system at Wintergreen Drive and Hosp Way. • The developer shall bond, for five years, one-fourth of the cost for the design and construction of a traffic signal and advance warning system at Donna Drive and Carlsbad Village Drive. • Concurrent with approval of the Phase I final map for this project, the developer shall grant title of Lots 28 and 29 to the respective adjoining property owners. • Concurrent with approval of the Phase III final map for this project, the developer shall grant title of Lot 31 to the adjoining property owner. Final Map Notes 78. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data: No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 79. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. 80. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. Also attached is a final Land Use Review project report for inclusion in the staff report for this project. If you have questions regarding any of the comments above, please contact me at extension 4380. CJ. KENNETH W. QUON Associate Engineer c: City Engineer Bob Wojcik, Principal Civil Engineer LAND USE REVIEW DIVISION PROJECT REPORT PROJECT ID: CT 96-03/PUD 96-03/SDP 96-04/HDP 96-03 PROJECT NAME: Pacific View Estates PREPARED BY: Kenneth Quon LOCATION: East of Hosp Way between Carlsbad Village Drive and Wintergreen Drive BRIEF DESCRIPTION: A 26 unit residential subdivision on 33 lots. ENGINEERING ISSUES AND DISCUSSION TRAFFIC AND CIRCULATION Projected Average Daily Traffic (ADT): 26 units x 10ADT/unit + 4 second dwelling units x 8 ADT/unit = 292 ADT Circulation and access to the subdivision consists of public streets, including a connection between Carlsbad Village Drive and the existing southern terminus of Wintergreen Drive. The project also includes a cul-de-sac street that intersects with Wintergreen Drive. SEWER Sewer District: Carlsbad Municipal Water District Sewer EDU's required: 30 units x 1.00 EDU/unit = 30 EDU's Sewer service to the project will be provided by three separate connections to existing 8" sewer mains on Carlsbad Village Drive and Wintergreen Drive. WATER Water District: Carlsbad Municipal Water District GPD required: 30 EDU's x 220 Gallons Per Day/EDU = 6,600 GPD Water service to the project will be provided by connections to an existing 8" water main on Carlsbad Village Drive and Wintergreen Drive. GRADING Quantities: Cut: 64,500 cy Fill: 64,500 cy Export/Import: 0 cy Permit required: Yes Offsite approval required No Hillside Grading requirements met: Yes Preliminary geotechnical investigation performed by: AdTech Engineering, dated 10/16/95 The soils report for the project states there are no conditions that were encountered during the geotechnical investigation that would preclude this development. DRAINAGE AND EROSION CONTROL Drainage basin: Buena Vista watershed Preliminary hydrology study performed by: R.D.G. Consultants, dated 3/24/96 Erosion potential: Low Surface runoff from this project will flow to the existing storm drain system that was installed during construction of the adjacent subdivision. While there are no major storm drain improvements required of this project, the developer will pay fees to cover future drainage improvements under the City's Master Drainage Plan. LAND TITLE Conflicts with existing easement: No Easements dedication required: Yes Site boundary coincides with Land Title: Yes The streets on this project are to be public and will be dedicated as such on the final map. A 15' wide water line easement is also required and will be dedicated on the final map. IMPROVEMENTS Offsite improvements: Yes Standards Waiver required: No All streets in this project are public and will be improved in accordance with current City street standards. The streets within the subdivision will be constructed with full-width improvements. The portion of Donna Drive located offsite will be constructed with half-width street improvements plus 12' of additional paved width. Street improvements on portions of "B" Street and Donna Drive will be located on City owned property, adjacent to the existing reservoir. Prior to constructing these improvements, the developer is required to obtain a City right-of-way permit for this work. Once these street improvements are deemed complete and are formally accepted, they will be incorporated as part of the City street system. *City of Carlsbad Planning Department April 9, 1 997 Don Jack Pacific View LTD PO Box 219^ Carlsbad, CA 92008 SUBJECT: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04-PACIFIC VIEW ESTATES Your application has been tentatively scheduled for a hearing by the Planning Commission on May 21, 1997. However, for this to occur, you must submit the additional items listed below. If the required items are not received by April 25, 1997, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) Two (2) copies of your site plans and landscape plans on 24" x 36" sheets of paper, stapled in complete sets folded into 8Y2r x 11" size. B) Ten (10) copies of building elevation plans and floor plans on 24" x 36" sheets of paper, stapled in complete sets folded into SVz' x 11" size. A&? * ^e^ of |3ebo<ses £v-fe TtAK/ C) One (1) SYz" x 11" copy of your reduced building elevations and floor plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) Mailing Labels - two (2) separate sets of mailing labels of the Property owners within a 600 foot radius of the subject property. The list must 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (G19) 438-0894 CT 96-03/PUD 96-03P 96-03/SDP 96-04-PACIFIC V ESTATES APRIL 9, 1997 ^ PAGE 2 be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM, Courier New (TT).no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 1 23 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 C) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. D) Fee - a fee (check payable to the City of Carlsbad) shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash and credit cards are also accepted. 3. COLORED SITE PLAN AND ELEVATION PLAN. Provide one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by May 12, 1997. DO NOT MOUNT THE EXHIBIT. Sincerely, TERESA A. WOODS Associate Planner TW:kr Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: City of Carlsbad Planning Department March 11, 1997 Don Jack Pacific View LTD. P.O. Box 2198 Carlsbad, CA 92018 SUBJECT: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 - PACIFIC VIEW ESTATES Dear Mr. Jack: We are in receipt of your letter dated March 10, 1997, requesting a 90-day extension of the processing period of the California Streamlining Act. Your request for a 90-day extension is hereby granted. We anticipate that the unresolved issues on your project will be addressed shortly, which would permit the project to be scheduled for Planning Commission hearing in May. If you have any questions, please feel free to give me a call at (619) 438-1161, extension 4447. Sincerely, TERESA A. WOODS Associate Planner 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894 City of Carlsbad Planning Department March 3, 1997 Don Jack Pacific View LTD. PO Box 2198 Carlsbad, CA 92018 SUBJECT: PACIFIC VIEW ESTATES CT 93-06/PUD 96-03/HDP 96-03/SDP 96-04 - MITIGATION OF COASTAL SAGE SCRUB Dear Don: I am in receipt of your letter dated February 3, 1997, requesting confirmation of the process for mitigating coastal sage scrub. As I discussed with you on the phone, it may be premature to purchase credits in the Highlands Mitigation Bank for your project, as your project has not been approved. Until your project is approved, the City cannot accept any form of mitigation for your project. However, if the project is approved, mitigation credits from the Highland Mitigation Bank would be acceptable for project mitigation of coastal sage scrub. I will keep the mitigation documents on file so that following project action, we can process all necessary papers. If you have further questions, please feel free to contact me at (619) 438-1161, extension 4447. Sincerely, TERESA A. WOODS Associate Planner TW:kr 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (G19) 438-0894 City of Carlsbad Planning Department Don Jack Pacific View LTD PO Box 2190 Carlsbad, CA 92008 SUBJECT: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 - PACIFIC VIEW ESTATES The Planning Department has reviewed the resubmittal of your Tentative Tract Map, Planned Development, Hillside Development Permit and Site Development Plan, application no. CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04, dated January 13, 1997. Attached are the outstanding issues on the project. Please make all necessary changes and resubmit ten copies of the revised plans. If you have any questions, please feel free to contact me at (619) 438-1161, extension 4447. d Sincerely, /i TERESA A. WOODS Associate Planner TW:kr c: Gary Wayne Adrienne Landers Ken Quon Bobbie Hoder Bob Wojcik File Copy Data Entry Planning Aide 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 ISSUES OF CONCERN Planning: 1. Please submit letters from all relevant property owners indicating that the proposed offsite grading is acceptable. 2. Please submit documentation that the proposed use of City property has been authorized by the Water District and City Attorney. The document provided should authorize the proposed improvements. 3. Please delete references to "acceptability by the Parks and Recreation Department" as landscape plans are approved through the Planning Department. 4. On Sheet 1 of 1, please clearly delineate access Lot 29 on the plans. 5. Please delineate Lot 32 as an open space lot. The sub-note of recreation/R.V. storage is also appropriate. 6. Sheet 2 of 2 contains too much detail. Please eliminate the existing topography and existing vegetation. 7. Please show the proposed noise wall along Carlsbad Village Drive on the tentative map. 8. The grading along the southwest portion of the site does not comply with the hillside development ordinance. The hillside development ordinance prohibits the creation of slopes in excess of 30 feet. As the existing slope exceeds 30 feet, staff may be able to support the 30+ foot slope if, Lots 9 and 10 have been lowered to the maximum extent possible, while maintaining 1% drainage to the street; and, the grading south of Lot 9 has been modified to daylight to existing slopes on the adjacent property. As designed, the slopes on the southwest portion of the site are unnatural and may cause design problems for the adjacent property owner. 9. A screen wall must be provided around the R.V. Storage area (the plans appear to show chain link fencing). A 3-foot masonry wall plus 3 feet of wrought iron which is designed with landscape screening would be acceptable to screen the R.V. storage facility. Engineering: 1. The following comments are similar to those from our previous review: a. Please provide documentation on the assignment of the existing 45' access easement offsite on Donna Drive. b. It is still unclear as to what steps the applicant has taken to utilize the portion of "B" Street, which is proposed on property owned by the City of Carlsbad/Carlsbad Municipal Water District. From a recent meeting, our understanding is that the applicant will be pursuing this matter over the next few weeks. c. Donna Drive is to have at least 50' of tangent at its intersection with Carlsbad Village Drive, measured from the extension of the face of curb. d. Please provide a letter from the property owners of the parcel adjacent to "A" Street indicating their concurrence with the proposed access layout to their parcel. 2. A minimum 42' turning radius is to be provided in the RV storage area. 3. The dimensions of Lots 7, 13 and 17 exceed the 3:1 lot depth to lot width ratio. 4. Please identify on the tentative map those slope areas to be maintained by the homeowners association. 5. There are no dimensions on the typical street cross sections on Sheet 1 of the tentative map. 6. The proposed wall on Donna Drive, just offsite of the project site, is not allowed as it will encroach into the ultimate right-of-way for this street. 7. Please note on the tentative map the grades of the proposed paved access driveways to Lots 14, 15, 28, and 31; and the grade of the asphalt path between Lots 11 and 12. February 7, 1997 TO: TERESA WOODS, ASSOCIATE PLANNER FROM: Associate Engineer Quon PROJECT ISSUES STATEMENT PACIFIC VIEW ESTATES, CT 96-03/PUD 96-03/SDP 96-04/HDP 96-03 The Engineering Department has completed its review of the resubmitted and revised project application for completeness and/or engineering issues. The project application is now or was previously found complete for the purpose of continued engineering review. The project application does contain some engineering issues or concerns which remain to be resolved by the applicant. All engineering issues should be fully resolved or addressed prior to resubmitting the project for our review. The outstanding engineering issues or concerns are as follows: 1. The following comments are similar to those from our previous review: a. Please provide documentation on the assignment of the existing 45' access easement offsite on Donna Drive. b. It is still unclear as to what steps the applicant has taken to utilize the portion of "B" Street, which is proposed on property owned by the City of Carlsbad/Carlsbad Municipal Water District. From a recent meeting, our understanding is that the applicant will be pursuing this matter over the next few weeks. c. Donna Drive is to have at least 50' of tangent at its intersection with Carlsbad Village Drive, measured from the extension of the face of curb. d. Please provide a letter from the property owners of the parcel adjacent to "A" Street indicating their concurrence with the proposed access layout to their parcel. 2. A minimum 42' turning radius is to be provided in the RV storage area. 3. The dimensions of Lots 7, 13 and 17 exceed the 3:1 lot depth to lot width ratio. 4. Please identify on the tentative map those slope areas to be maintained by the homeowners association. 5. There are no dimensions on the typical street cross sections on Sheet 1 of the tentative map. 6. The proposed wall on Donna Drive, just offsite of the project site, is not allowed as it will encroach into the ultimate right-of-way for this street. 7. Please note on the tentative map the grades of the proposed paved access driveways to Lots 14, 15, 28, and 31; and the grade of the asphalt path between Lots 11 and 12. If you have questions regarding any of the comments above, please contact me at extension 4380. a KENNETH W. QUON Associate Engineer c: City Engineer Bob Wojcik, Principal Civil Engineer PACIFIC VIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 Facsimile: (619) 720-9785 Telephone: (619)720-9785 February 3, 1997 Ms. Terry Woods, Associate Planner City of Carlsbad FEB 3 - 1397 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, Thank you for our meeting of January 31, 1997. Regarding our projects required mitigation for 1.95 acres in disturbed Coastal Sage, for your reference I have enclosed a copy of our purchase agreement from TECHBUILT CONSTRUCTION, for 2.0 (acres) credits in the "Carlsbad Highlands Conservation Bank". Will you please send me a short letter confirming the cities acceptance of the terms and conditions including Exhibits "A" and "B" in this agreement which are relative to the city. Additionally, will you confirm that said Carlsbad Highlands Conservation Bank is in fact an acceptable substitution for the 4-d mitigation process. Should you have any further questions or if I may be of any assistance, please call. Thanking you in advance for your prompt response, I am, Respectfully, PACIFIC VIEW ESTATES Don L. Jack Managing Member FAX (619) 223-2865 TELEPHONE (619) 223-1663 CONSTRUCTIOl^CORP. 3575 Kenyon Street San Diego, California 92110 MAILING ADDRESS: P.O. BOX 80036 SAN DIEGO, CA 92138 January 31,1997 Mr. Donald Jack Pacific View Ltd. P.O. Box 2198 Carlsbad, CA 92018 Re: Carlsbad Highlands Conservation Credits Dear Don: Enclosed please find an executed copy of the Purchase Agreement for 2.0 conservation credits from the Conservation Bank. Very truly yours, TECHBILT CONSTRUCTION CORP. Ted Tchang TT/ms Enclosure CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT THIS CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT ("Agreement") is entered into this -2/7%ay of TAMftRV. 1997 by and between Techbilt Construction Corp., ("Seller") and Pacific View Ltd. ("Purchaser"). A. Seller has been appointed as the Agent for the owner of the Carlsbad Highlands Conservation Bank pursuant to that Agency Agreement and Limited Power of Attorney entered into by Techbilt Construction Corp., a California corporation (Agent) and Paul K. Tchang, Trustee UTA June 16, 1978 and Escondido Serenas Development, Inc., a Nevada corporation (collectively referred to as Owner) dated January 20, 1997. Techbilt Construction Corp., as Agent for Owner, has full powers to sell conservation credits, have sales proceeds for conservation credits paid to Agent, and limited power of attorney to sign for Owner in the sale of conservation credits. B. Pursuant to that certain Carlsbad Highlands Conservation Bank Implementation Agreement (the "Implementation Agreement") by and among BA Properties Inc. and the California Department of Fish and Game ("CDFG"). and the United States Fish and Wildlife Service ("MEWS") (CDFG and USFWS are referred to collectively hereinafter as the "Resource Agencies") dated April 5, 1995, and assigned to Owner pursuant to that Assignment from BA Properties Inc. to Owner dated January 9, 1996, the Resource Agencies have acknowledged the creation of the Carlsbad Highlands Conservation Bank (the "Conservation Bank") and the right of Owner to sell "Conservation Credits" as provided further therein. C. Purchaser desires to mitigate the loss of certain natural habitat values on real property located in San Diego County, California commonly known as Pacific View Ltd. (the "Purchaser's Property."). D. Purchaser has agreed to purchase from Seller, and Seller has agreed to sell to Purchaser 2.0 Conservation Credits (the "Conveyed Credits") from the Conservation Bank on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the agreements and acknowledgments set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser hereby agree and acknowledge as follows: 1. Purchaser has deposited with Seller, upon execution of this agreement, a deposit of immediately available funds in the amount of $1,000.00. 2. Purchaser has deposited with the State of California, via the Department of Fish and Game (the "Department"), or shall deposit with the Department on or before July 31,1997 (the Purchase Agreement Page 1 1/20/97 "Closing Date"X immediately available funds in the amount of $3,296.00 (the "Endowment Deposit"), and Seller has received, or shall receive prior to the Closing Date, the Department's written acknowledgment of its receipt of the Endowment Deposit in the form attached hereto as Exhibit A ("Endowment Deposit Receipt"). The Endowment Deposit is a one-time payment. The Purchaser shall have no further obligation to pay monies or otherwise participate in the maintenance of the Conservation Bank. 3. Purchaser has deposited with Seller, or shall deposit with Seller on or before the Closing Date, immediately available funds in the amount of $33,704.00. 4. Upon satisfaction of the conditions set forth in Paragraphs 1 and 2 above, Seller shall execute and deliver to Purchaser the Acknowledgment of Sale of Conservation Credits attached hereto as Exhibit B. 5. Purchaser acknowledges and agrees that: (a) the purchase and sale of the Conveyed Credits shall be made on an "AS IS, WHERE IS, WITH ALL FAULTS" basis as provided for in the Implementation Agreement; and (b) no representations or warranties have been made or are made and no responsibility has been or is assumed by Seller or by any officer, agent, affiliate, or representative acting or purporting to act on behalf of Seller as to: (I) the conservation value of the property conveyed to the Resource Agencies in establishing the Conservation Bank, (ii) the conservation value or mitigation requirements of the Purchaser's Property, (iii) the acceptance of the Conveyed Credits by the Resource Agencies or any other governmental agency as mitigation for the loss of habitat values associated with the Purchaser's Property, or (iv) any other fact or circumstance which might affect the Conservation Bank, the Purchaser's Property, or the Conveyed Credits. 6. Purchaser acknowledges and agrees that the purchase and sale of the Conveyed Credits shall be made with the Purchaser having no further responsibilities for the Property as described in the Implementation Agreement. 7. Time is of the essence in this Agreement. In the event the conditions set forth in Paragraphs 1 and 2 above have not been satisfied by the Closing Date, at Seller's election in its sole and absolute discretion, upon written notice to Purchaser, this Agreement shall terminate, the deposit of $1,000.00 shall be forfeit, and neither party shall have any further obligations hereunder except as provided in Paragraph 8 below. 8. Seller and Purchaser each represent to the other that it has not had any contract, agreement, or dealings regarding the Conveyed Credits with, nor any communication in connection with the subject matter of this transaction through, any consultant, broker, agent, finder, or other person who can claim a right to a consultant fee, commission or finder's fee in connection with the sale contemplated herein, other than the Seller's consulting contract with McCollum Associates ("McCollum"). The Seller shall be solely responsible for any consulting fee owed to McCollum and agrees to indemnify, defend and hold Buyer harmless Purchase Agreement Page 2 1/20/97 with respect thereto. In the event that any other consultant, broker or finder perfects a claim for a consultant fee or commission or finder's fee based upon any such contract, agreement, dealings or communication, the party through whom such claim is made shall be solely responsible for and shall indemnify, defend, and hold harmless the other party from and against said commission or fee and all costs and expenses (including without limitation reasonable attorneys' fees) incurred by the other party in defending against such claim. The provisions of this Section 8 shall survive the termination of this Agreement. 9. Purchaser and Seller agree that all understandings and agreements heretofore made between them or their respective agents or representatives are merged in this Agreement and the Exhibits attached hereto, and alone fully and completely express their agreement with respect to the subject matter hereof and supersede all prior agreements and understandings between the parties relating to such subject matter. Purchaser and Seller further agree that Purchaser has no responsibilities or obligations whatsoever regarding the "Conservation Credits" except as are expressly stated in this Agreement. 10. All deposits, except the Endowment Deposit, and any notice required or permitted to be made or given under this Agreement shall be made and delivered to the parties at the addresses set forth below each party's respective signature. All notices shall be in writing and shall be deemed to have been given when delivered by courier, when transmitted by facsimile (upon confirmation of successfully completed transmission), or upon the expiration of two (2) business days after the date of deposit of such notice in the United States mail, registered or certified mail, postage prepaid, return receipt required. 11. This Agreement shall.be governed and construed in accordance with the laws of the State of California. In the event a dispute arises concerning the meaning or interpretation of any provision of this Agreement, or in the event of any litigation arising out of or related to this Agreement, the party not prevailing in such dispute or litigation shall pay any and all costs and expenses incurred by the other party in establishing or defending its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees. 12. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. 13. ASSIGNMENT: Subject to TECHBILT CONSTRUCTION CORPORATION'S approval which shall not be unreasonably withheld, PURCHASER may assign this agreement to any other entity without additional cost or fee. Purchase Agreement Page 3 1/20/97 WHEREUPON, this Agreement has been executed as of the date first-above written. SELLER: TECHBILT CONSTRUCTION CORP By: Name:Paul K. Tchang Its:President By: Name: Its: Techbilt Construction Corp. P.O. Box 80036 San Diego, C A 92138 . Attention: Mr. Ted Tchang Fax No. (619) 223-2865 PURCHASER: PACIFIC VIEW L -•«, \By: Name: Its: Pacific View Ltd. P.O. Box 2198 Carlsbad, C A 92018 Attention: Mr. Donald Jack Fax No. (619)720-9785 Purchase Agreement Page 4 1/20/97 EXHIBIT A ENDOWMENT DEPOSIT RECEIPT On behalf of the Department of Fish and Game, the undersigned hereby acknowledges receipt of a cashier's check in the amount of $ from Pacific View Ltd. in connection with the sale of two (2)Conservation Credits from the Carlsbad Highlands Conservation Bank. Such funds shall be held and applied in accordance with the terms of the Carlsbad Highlands Conservation Bank Implementation Agreement dated April 5, 1995. Signed: Dated: Purchase Agreement Page 5 1/20/97 EXHIBIT B ACKNOWLEDGMENT OF SALE OF CONSERVATION CREDITS The undersigned seller hereby acknowledges that it has sold and conveyed to Pacific View Ltd. ("Purchaser"), two (2) Conservation Credits from the Carlsbad Highlands Conservation Bank. All terms of this conveyance shall be governed by the provisions of the Conservation Credit Purchase Agreement and Acknowledgment between Purchaser and the undesigned dated , 1997. Seller: TECHBILT CONSTRUCTION CORP, By: Name: Its: By: Name: Its: Dated: Purchase Agreement Page 6 1/20/97 4 2/7/f 7City of Carlsbad Planning Department January 13, 1997 Don Jack Pacific View LTD PO Box 2190 Carlsbad, CA 92008 SUBJECT: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 - PACIFIC VIEW ESTATES The Planning Department has reviewed the resubmittal of your Tentative Tract Map, Planned Development, Hillside Development Permit and Site Development Plan, application no. CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04, dated January 13, 1997. Attached are the outstanding issues on the project. Please make all necessary changes and resubmit ten copies of the revised plans. If you have any questions, please feel free to contact me at (619) 438-1161, extension 4447. Sincerely, TERESA A. WOODS Associate Planner TW:kr Gary Wayne Adrienne Landers Ken Quon Bobbie Hoder Bob Wojcik File Copy Data Entry Planning Aide 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894 ISSUES OF CONCERN Planning: 1. Please submit letters from all relevant property owners indicating that the proposed offsite grading is acceptable. 2. Please submit documentation that the proposed use of City property has been authorized by the Water District and City Attorney. The document provided should authorize the proposed improvements. 3. Please delete references to "acceptability by the Parks and Recreation Department" as landscape plans are approved through the Planning Department. 4. On Sheet 1 of 1, please clearly delineate access Lot 29 on the plans. 5. Please delineate Lot 32 as an open space lot. The sub-note of recreation/R.V. storage is also appropriate. 6. Sheet 2 of 2 contains too much detail. Please eliminate the existing topography and existing vegetation. 7. Please show the proposed noise wall along Carlsbad Village Drive on the tentative map. 8. The grading along the southwest portion of the site does not comply with the hillside development ordinance. The hillside development ordinance prohibits the creation of slopes in excess of 30 feet. As the existing slope exceeds 30 feet, staff may be able to support the 30+ foot slope if, Lots 9 and 10 have been lowered to the maximum extent possible, while maintaining 1% drainage to the street; and, the grading south of Lot 9 has been modified to daylight to existing slopes on the adjacent property. As designed, the slopes on the southwest portion of the site are unnatural and may cause design problems for the adjacent property owner. 9. A screen wall must be provided around the R.V. Storage area (the plans appear to show chain link fencing). A 3-foot masonry wall plus 3 feet of wrought iron which is designed with landscape screening would be acceptable to screen the R.V. storage facility. Engineering: 1. The following comments are similar to those from our previous review: a. Please provide documentation on the assignment of the existing 45' access easement offsite on Donna Drive. b. It is still unclear as to what steps the applicant has taken to utilize the portion of "B" Street, which is proposed on property owned by the City of Carlsbad/Carlsbad Municipal Water District. From a recent meeting, our understanding is that the applicant will be pursuing this matter over the next few weeks. c. Donna Drive is to have at least 50' of tangent at its intersection with Carlsbad Village Drive, measured from the extension of the face of curb. d. Please provide a letter from the property owners of the parcel adjacent to "A" Street indicating their concurrence with the proposed access layout to their parcel. 2. A minimum 42' turning radius is to be provided in the RV storage area. 3. The dimensions of Lots 7, 13 and 17 exceed the 3:1 lot depth to lot width ratio. 4. Please identify on the tentative map those slope areas to be maintained by the homeowners association. 5. There are no dimensions on the typical street cross sections on Sheet 1 of the tentative map. 6. The proposed wall on Donna Drive, just offsite of the project site, is not allowed as it will encroach into the ultimate right-of-way for this street. 7. Please note on the tentative map the grades of the proposed paved access driveways to Lots 14, 15, 28, and 31; and the grade of the asphalt path between Lots 11 and 12. WATER 5959 B Camlai Red. Cirfcbid, C« 92008 DF TTUNSMTTT>! f Eflfifleerinf Department T«L No. (619) 431-3367 To:Date::lzh^ AttenBaaTJQagl ^™"™^*^^»^^™BfcMfc* O Frefinunaiy O Rcsubnit O Revised O Approved O Use OFOe 0 CftflTflfflt 0 Approval QCocnctioas QAttttioas 0 Onisdoos 0 Rcmvb Sheets)O ImprovcmeaiPlaaj(Skct _ of Q Easement Pbi and Description and/or Tiact Map Q OriighulMyhnCSheet _ of _ Sheds) O Can EstimateO Other: Set of Print! D Submit Tuk Report (6 Mo. Max. Aje) O Submit Cost Estate O Submit Fee Amort of $ _ O Obtain Fire Uaohal's Sfcnatee QSuhmttOrij.MytofcrDist Approval O Submit Set/i of Approved LP.rs tad One (I) Set of Jqwdudblc 3 MH DbL Matte BOc. Dim Mylar (KoSeph) O Submit 3 in or 5IM Disk of AtfoCid Rd 12/13 er OXF file Of tTaQabk) Rklurd Gocdert