HomeMy WebLinkAboutCT 96-07; Kelly Ranch Village E; Tentative Map (CT) (2)SheaHomes
February 16, 2000
San Diego
Barbara Hale Carter
Special District Financing and Administration
333 South Juniper Street, Suite 208
Escondido, Ca 92025
Re: Kelly Ranch - Village 'E' CT 96-07
Special Development Tax, Building Permit one time payment
Community Facilities District No. 1
Dear Mrs. Carter:
We have had several discussions over the telephone about the Special Development Tax
payment for Kelly Ranch Village "E". As I had mentioned over the phone, Shea Homes has paid
the Special Development Tax, one time payment, under protest for Phase 1 and 2 of Kelly
Ranch, Village E, CT 96-07. We have had several discussions with Christer Westman about the
formula for calculating the fee. The purpose of this letter is to demonstrate why we now believe
the tax has been assessed incorrectly, based on the definition provided by you. We would hope
that you and the City will agree with our position and refund the excess payment, or deduct the
excess fees paid from future payments on subsequent phases.
In Part III of the CFD Report, the rates and method of apportionment are discussed for the
Special Development Tax - one-time payment:
"The maximum special tax for each Assessor's Parcel of undeveloped property which is
designated as residential property shall be determined based on its density category and the
corresponding maximum special tax amount per acre set forth in Table 1. The density category
for such undeveloped property shall be based upon the density defined in the general plan. The
acreage of a parcel shall be computed on its developable area. "
"Developable Area" means the net acreage of an Assessor's Parcel of land that can be developed.
The net acreage excludes permanent open space, one-half of the area having 25% slope to 40%
slope, all area exceeding 40% slope, major utility rights of way and major street right of way but
includes all local streets and cut and fill with-in subdivision boundaries.
The "Developable Area" definition seems to indicate that the project should be analyzed in the
after condition, which is after the development is complete. We have found that under a before or
after development condition analysis the net density is above 4.0 DU / Acre.
Based on the developable area definition above, we identified below the developable area for
purposes of establishing the one time, CFD Special Development Tax. We have recalculated the
net developable area as follows (see attached exhibits):
10721 Treena Street, Suite 200, San Diego, California 92131-1039, tel: 858-549-3156 fax: 858-549-0112
February 16, 2000
Page 2
For the "Before Development" Analysis:
• Village E has a total of 45.0 gross acres.
The constrained areas are as follows:
• Slopes with an inclination of 25% to 40% (1.6 Acres) (!/2 credit = 0.8 Acres)
• Natural Slopes with an inclination greater than 40% (3.4 Acres)
• Major Street right of way (5.9 Acres)
The total net acreage is 45.0-0.8-3.4-5.9 = 34.9 Acres
The net density is 144 units / 34.9 Acres = 4.1 DU/Acres
For the "After Development" Analysis: •
• VillageE has a total of 45.04 gross acres.
The constrained areas are as follows:
• Permanent Open Space (3.7 Acres)
• Major Street right of way (5.94 Acres)
The total net acreage is 45.04-3.7-5.94 = 35.4 Acres
The net density is 144 units / 35.4 Acres = 4.07 DU/Acres
Since this net density is above 4.01 DU/Acre in both cases, the lower fee rate applies. We would
like to schedule a meeting with you and Christer Westman to resolve this issue. Thank you for
your time in considering our appeal.
.ger
RH/ra
Attachments
cc: Christer Westman
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008
p:\-..\winword\Cantotuiy\BarbaraHaleCarter-ltr.doc ^Sllf^CI I—I
San Diego
LEGEND
TOTAL GROSS AREA
MAJOR ROAD
SLOPES 25%-40%
45.0ac.
-5.9 etc.
-1.6 ac (1/2 credit=0.8 ac.)
SLOPES 40% OR GREATER -3.4 ac.
TOTAL NET DEVELOPABLE 34.9 ac.
TOTAL DU 144 DU
TOTAL DU/ACRE 4.1DU/AC
BEFORE DEVE OPMENT
KELLYRANCH VILLAGE E
LEGEND
TOTAL GROSS AREA
MAJOR ROAD
PERMANENT OPEN SPACE
45.0ac.
-5.9 ac.
-3.7ac.
TOTAL NET DEVELOPABLE 35.4 ac.
TOTAL DU 144 DU
TOTAL DU/ACRE
KELLYRANCH
AFTER DEVELOPMENT
VILLAGES
SheaHomes*
San Diego, Inc.
'* QCt 1S99 V-
RUNNING DEPARTMENT
City Of.October 18, 1999
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008
Re: Kelly Ranch - Village 'E' CT 96-07
Payment Under Protest Special Development Tax, Building Permit one time payment
To Whom It May Concern:
Shea Homes is paying the one time payment of the Special Development Tax under protest for
the Phases of Unit 1 and 2 at Kelly Ranch - Village 'E.' We are paying the fee to allow for
construction to proceed while the technicalities of our concerns are addressed. We hope that
after additional discussion with the City, we will resolve our issues with the tax payment and
request a partial refund on these units.
Sincerely,
/
Russ Haley
Project Manager
RH/ra
cc: Gary Wayne
Christer Westman
P:\group\land\winword\Canterbury\CityofCarlsbadSpecDevTax-ltr.doc
10721 Treena Street, Suite 200, San Diego, California 92131, tel: 619-549-3156 fax: 619-549-0112
• FILEC
City of Carlsbad
V
Planning Department
Octobers, 1999
Barbara Hale-Carter
Hale Carter Consulting
333 South Jumper, Suite 208
Escondido CA 92026
RE: Kelly Ranch One-time CFD Special Development Tax
Dear Barbara:
We have reviewed the calculations and have referred to the exhibit provided by the applicant's
engineer regarding the residential density on the Kelly Ranch Planning Area "E".
We have determined that the actual net developable acres of the site are 41.6. The acreage is
determined by subtracting those areas which are identified as constrained in Carlsbad Municipal
Code Section 21.53.230 and quantified in the Zone 8 Local Facilities Management Plan from the
gross acres of 45. The net area includes the land dedicated for Cannon Road.
Therefore, since the project will construct 144 units, the ultimate residential density for Village
"E" is 3.46 dwelling units per acre.
If you should have any questions, please contact me at (760) 438-1 161 extension 4448.
Sincerely,
Christer Westman, AICP
Associate Planner
CW:mh
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 438-0894
09/30/99 13:10 FAX 619 676 3685 SDFA 121002
9-29-1990 10=23AM FROM PLANNING SYSTEMS 760 931S7A4. P. 2
"• *
PLANNING
SYSTEMS
LAND USE /-COASTALPLANNINGLANDSCAPE ARCHITECTUREPOLICY AND PROCESSINGENVIRONMENTAL MITIGATION
September 29,
Ms. Barbara Hale-Carter
Hale Carter Consulting
333 South Juniper, Suite 208
Escondido, CA 92026
FAX: (760) 233-2631
RE: Kelly Ranch Village E CLFMP Zone 8 - Carlsbad) One-time CFD Special
Development Tax} APNs 208-020-030,033, 034, 035; and 207-101-12
Dear Barbara,
My client, Shea Homes, is in the development process of Kelly Ranch Village E, also
known as Canterbury, in Carlsbad LFMP Zone 8 (see APNs above). Shea Homes is
close to paying their CFD One-time Special Development Tax, and is concerned that
the tax rate the City of Carlsbad is quoting them is incorrect. Shea Homes has asked
me to investigate the issue, an I have drawn the following conclusions.
Shea Homes has been quoted by the City the amount of $4,254.31 per dwelling unit
for their CFD One-time Special Development Tax. This amount is consistent with
the City of Carlsbad Community Facilities District No. 1 Information Package (dated
July 1,1998) for properties located in Improvement Area 1, with an RLM density of
1,51 to 4.0 dwelling units per acre. However, my client's property is actually located
in Improvement Area II, as is all of Kelly Ranch. In addition, Shea Homes is
constructing 144 units on 35-5 net acres, resulting in a density calculation of 4.1
dwelling units per acre, or KM density. Based on the most recent CFD Information
Package for 1999, the fee for the RM 4.1-to-8.0 DU/AC density classification should be
$2,234 per dwelling unit.
Your assistance in coordinating the correct fee amounts with the City of Carlsbad in
this matter wotild be greatly appreciated. Please call me if I can provide any other
information to assist you. Thank you for your attention in this matter.
Sincerely,
Eric Johnston
cc Russ Haley, Shea Homes
Debbie Young, Shea Homes
1530 FARADAY AVENUE • SUITE 100 . CARLSBAD, CA 92008 - (760) 93 J-0780 • FAX (760) 951-5744 . ,
09/29/99 10:26 TX/RX NO.6924 P.002
Augusts, 1999
TO: GARY GOODMAN, ACTING SENIOR CONSTRUCTION
INSPECTOR
FROM: DON RIDEOUT, PRINCIPAL PLANNER 1?£"P—
GRADING VIOLATION AT KELLY RANCH AREA "E"
Attached is a letter I received from Planning Systems representing Shea Homes. The
Planning Department generally agrees with what is stated in the letter. Because the
grading violation involved a mitigation area that is to remain open space with native
vegetation, the wildlife agencies must be involved. The native hydroseed mix that is
recommended for this area requires fall application for best performance. Summer
application, even with irrigation, would probably not produce good results. At the same
time, we need to have fairly quick resolution so that revegetation is performed before
the heaviest winter rains commence. The schedule that I anticipate would be as follows:
August Submittal of revegetation/mitigation plans by Shea Homes
September - October Approval of plans by City and wildlife agencies
November Installation
This schedule has about a month of slack in it to allow for unexpected events, but
November is not really that far away. To keep on track, it is important that Shea Homes
submit their plan to us in a timely manner. I will emphasize to Shea Homes that they
need to submit their plan to us by the end of August. An important part of their plan will
need to be monitoring the stability of the slope during the initial rains. If there is erosion,
they will have to do remediation until the vegetation is well established. I hope this
information meets your needs, and we appreciate you staying on top of the situation. If
you need anything more at this time, please let me know.
c: Christer Westman
Larry Black
Paul Klukas
PLANNING
SYSTEMS
LAND USE / COASTAL PLANNING
LANDSCAPE ARCHITECTURE • LASSUO
POLICY AND PROCESSING
ENVIRONMENTAL MITIGATION
August 4,1999
Don Rideout
CITY OF CARLSBAD
Planning Department
2075 Las Palmas Dr.
Carlsbad, CA 92009
RE: KELLY RANCH VILLAGE /E'
SHEA HOMES SUBDIVISION
Dear Don:
The intent of this letter is to confirm our telephone conversation today
regarding the vegetation encroachment on Kelly Ranch Village 'E', in which
it was agreed that:
1. Hydroseed revegetation of the encroachment area slopes should
involve a coastal sage scrub seed mix acceptable to USF&WS/CDF&G
and the City of Carlsbad (Larry Black).
2. Since the area of encroachment is fairly small, hydroseed installation
on the area should be delayed until late-fall or early-winter, since
coastal sage scrub seed mixes typically do not germinate efficiently until
winter (regardless of irrigation). This will also give sufficent time for
Shea Homes to process plans for USF&WS/CDF&G and Larry Black
approval prior to installation. Erosion during the interim period
should not be a significant problem since this delay period involves the
dry season, and the affected area is a small band of earth uphill from a
slope that will be vegetated.
3. Although it is recognized that the Kelly Ranch Core Area is the highest
priority for finalizing the Section 7 consultation, processing for impact
and mitigation approval for the Village 'E' encroachment should occur
immediately upon completion of the Core Area consultation.
1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • planningsystems@nctimes.net
Don Rideout
August 4,1999
Page 2
Please let me know immediately if these notes do not accurately reflect our
conversation.
Sincerely,
nil J. Klukas
Director of Planning
cc: Larry Black
Russ Haley
12/02/98 15:16 FAX 619 234 0349 PROJECT DESIGN CONS @J001
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STIPANOV frf MEBANE
, A Professional Law CorporationInternet l Direct Dial Number:
mebane@stipmeb.com (619) 235-2689
www.stipmeb.com/law
November 12, 1998
VIA U.P.S. NEXT-DAY AIR
Richard D. Rudolf, Esq.
Assistant City Attorney, City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Re: Kellv Ranch Property
Dear Mr. Rudolf:
I am writing to you with regard to my client, Kelly Land Company, and its
recent sale of certain real property within the City of Carlsbad known as Kelly Ranch
Planning Area E to Shea Homes Limited Partnership.
It is our understanding that the enclosed Easement Agreement relating to
Section 4(d) mitigation is or will be a condition to the development of the subject
property. We are therefore submitting this Easement Agreement to you for signature and
notarization on behalf of the City of Carlsbad. Please return the signed Easement
Agreement to me for recording after it has been executed and notarized (or let me know if
the City would prefer to handle its recordation).
If you have any questions relating to the enclosed document, please feel free
to contact me. Thank you for your assistance in this matter.
ry truly yours,
cc: Mr. D.L. Clemens (w/enc.)
Darryl O. Solberg, Esq. (w/enc.)
JSM:RUDOLF.L01:111298:1539
501 West Broadway, Suite 520 • San Diego, California 92101
619 / 235 2686 • 619 / 235 2692 Facsimile
Project Design Consultants
PLANNING ENGIN BERING SURVEYING
22 Years of Excellence, 1976-1998
File: 1239.10
September 4, 1998
Mr. Christer Westman
CITY OF CARLSBAD
Planning Department
2075 Las Palmas Drive «
Carlsbad, CA 92009
SUBJECT: Kelly Ranch Village E
Dear Christer,
As discussed at the meeting on September 2, we propose to move the lot line between
Lots 95 and 96 2 feet into Lot 95 to accommodate a visual break between the 5-foot
retaining wall and the property fence. We tried to move the lot line by 3 feet; however, the
setback requirements on Lot 95 along Ciardi Court would not allow this option to work. In
addition to moving the lot line, we added a short retaining wall along the side of Lot 95
that fronts Ciardi Court. This is shown on the grading plans (363-3A). Per your
recommendation, we will move the lot line through a lot line adjustment after the final map
records.
Thank you for your assistance in resolving this issue. Please feel free to contact me if you
have any questions and/or comments.
Sincerely yours,
Sandra Maule
Design Engineer
Enclosures
RECEIVED
c: Russ Haley - Shea Homes
Larry Clemens - Hillman Properties West SEP 0 4 1998
LET/.239.LLDOC CITY OF CARLSBAD
PLANNING701 ' San Diego .619-235-6471 • .
B Street California FAX 234-0349 . '' w P^er
Suite 800 92101 Email consults@projectdesign.com
fY/e. V
City of Carlsbad
Planning Department
Septembers, 1998
Julie Vanderwier
US Fish and Wildlife Service
2730 Loker Avenue West
Carlsbad CA 92008
RE: CT 96-07 Habitat Loss Permit for the Kelly Ranch Village "E" Project
Dear Ms. Vanderwier:
This letter is in response to a joint letter with the California Department of Fish and
Game regarding the habitat loss permit for the Kelly Ranch Village "E".
I have confirmed with the applicant, and have enclosed a graphic to that effect, that the
mitigation proposed for the "loss" is preservation onsite without a revegetation
component.
I hope that clarification of the onsite preservation of 2.66 acres will assist you in
completing the process of allowing the issuance of the permit.
If you should have any questions, please contact me at 438-1161 extension 4448.
Sincerely,
CHRISTER WESTMAN
Associate Planner
CW:mh
2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 - FAX (76O) 438-O894
U.S. Fish & Wildlife Service
2730 Loker Avenue West
Carlsbad, CA 92008
(619) 431-9440
FAX: (619) 431-9618
CA Dept. of Fish & Game
1416 Ninth Street
PO Box 944209
Sacramento CA 94244-2090
(916) 653-9767
FAX: (916) 653-2588
August 20, 1998
Mr. Christer Westrnan
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Habitat Loss Permit for the Kelly Ranch Village "E" Project,
City of Carlsbad (CT 96-07)
Dear Mr. Westman:
The California Department of Fish and Game (Department) and U.S. Fish and Wildlife
Service (Service) have completed our review of the proposed Habitat Loss Permit for the Kelly
Ranch Village "E" project, as well as other supporting environmental documents on this project,
and offer the following comments. Department and Service personnel have been to the site with
the project consultants to view portions of the property proposed for impacts to biological
resources, and also those portions proposed for conservation and revegetation. The proposed
project is located immediately west of El Camino Real and south of Aqua Hedionda Creek. The
future extension of Cannon Road will cross the site's northern boundary. The 28-acre site would
also develop 1.44 single family residences.
Most of the project site has been previously disturbed due to past agricultural activities or
grading for a previously approved development on-site. The original project was not completed,
and remained inactive until the Kelly Ranch Village "E" project proposed the current
development. Because of past disturbance, most of the original vegetation on the parcel has been
removed. However, sensitive habitat remains around the periphery of the original footprint of
disturbance, or as isolated small islands of vegetation within the disturbed area. The proposed
project would directly impact 2.66 acres of coastal sage scrub habitat. The project proposes to
mitigate for coastal sage scrub impacts through the conservation of 2.66 acres of sage scrub
habitat on-site.
The Department and Service concur with the Natural Community Conservation Planning
(NCCP) findings presented in the proposed Habitat Loss Permit. However, clarification is
Mr. Christer Westman
August 20, 1998
Page Two
needed on the proposed mitigation program. We are assuming that the proposed 2.66 acres of
coastal sage scrub conservation on-site is consistent with the mitigation program described in the
March 8, 1998 letter from Paul Klukas (Planning Systems) to Don Rideout (City of Carlsbad).
In that letter, 1.64 acres of existing coastal sage scrub habitat abutting off-site natural habitat
areas to the south would be placed in permanent open space. In addition, 1 .02 acres of temporary
impacts to sage scrub due to grading of an unstable slope would be revegetated with sage scrub,
resulting in a total of 2.66 acres of conserved coastal sage scrub. The City's Habitat Loss Permit
findings should reflect the exact mitigation program proposed. In this case there is no mention of
the revegetation program, and the findings could be interpreted to mean that 2.66 acres of
existing sage scrub will be conserved on-site. If we are in error in our understanding of the
proposed mitigation program please contact us immediately to assure prompt processing of the
Habitat Loss Permit.
We do have concerns regarding the long-term viability and biological benefits of the
proposed 1.02 acres of coastal sage scrub revegetation on-site, especially with the significant
alteration of soils on the site due to necessary slope stabilization grading. We believe that only
0.5:1 mitigation credit (0.5 acres) should be given for this area. This would result in the need to
conserve an additional 0.5 acres of sage scrub habitat on or off-site. Additionally, the restoration
program would require a five year monitoring and maintenance plan with specific success criteria
to ensure that this habitat is successfully established on-site. As an alternative, the entire 1.02
acres could be mitigated off-site at a mitigation bank.
With confirmation from the City that we have correctly interpreted the biological
mitigation requirements for this project, that the mitigation credit for the revegetation area is
modified as described above, and take of coastal sage scrub habitat during the breeding season
(February 15 through August 31) is avoided, this project would be consistent with the NCCP
Conservation Guidelines and the 4(d) Rule, and eligible for a Habitat Loss Permit. If you have
any questions concerning this letter, please contact David Lawhead (Department) at (619) 467-
421 1 or Julie Vanderwier (Service) at (760) 431-9440.
Sincerely,
Sheryl L. fiarrett
Assistant Field Office Supervisor
U.S. Fish and Wildlife Service
cc: Department of Fish and Game
Ron Rempel
William E. Tippets
Conservation Planning Supervisor
Department of Fish and Game
Mr. Christer Westman
August 20, 1998
Page Three
Gail Presley
Sacramento
David Lawhead
San Diego
U.S. Fish and Wildlife Service
Nancy Gilbert
Julie Vanderwier
Carlsbad Field Office
FILE: Chron
KELLY4D.DNL
1-6-98-CA-030
City of Carlsbad
Public Works — Engineering
July 29, 1998
Dale Greenhalgh
PROJECT DESIGN CONSULTANTS
701 "B" Street, Suite 800
San Diego, CA92101
CT 96-07: KELLY RANCH VILLAGE "E"
ADVANCED GRADING PERMIT "PUNCH LIST"
In accordance with discussions at a meeting held on Wednesday, July 29, 1998, with
staff from Project Design Consultants (PDC), Berryman and Hennigar (B&H) and the
City Engineering and Planning Departments, staff has compiled a list of items which
must be completed before Shea Homes can potentially acquire an advance grading
permit for the above-referenced project. Items which must be completed prior to
potential issuance of an advance grading permit are as follows:
Engineering Department Items:
1. A San Diego Gas & Electric (SDG&E) Joint Use Agreement must be executed
for the easement crossing Cannon Road. PDC to supply plats and legals for
plan check. Once the plats and legals are certified, the Joint Use agreement will
be prepared and returned to PDC to obtain SDG&E's signatures.
2. At a minimum, all fees pertaining to improvements and grading (both on-site and
off-site) must be paid, prior to issuance of an advanced grading permit for the
project. B&H still must submit the fee sheets to Engineering Technician II,
Michelle Masterson, for processing.
3. All bonds and agreements must be executed and submitted to the City. B&H
has submitted the on-site bonding information to engineering for processing.
Additional work must be conducted between B&H and Engineering Management
Assistant, Nanci Plouffe, on this information before the package can be
forwarded to the developer for execution. Regarding the off-site bond
information, PDC must separate the final cost estimates into the appropriate
roadway development phases and submit this information to B&H for certification
and preparation of this bond and agreement package. The separated bond
packages should be, Cannon Road segment's 1 (El Camino Real to Frost Street)
and 2A (Frost Street to Village "E" westerly boundary), and the El Camino Real
(ECR) improvements. PDC to verify the separate bond requests with the
developer, prior to submitting this information to B&H.
4. In accordance with previous direction from the Principal Civil Engineer - Land
Development, Bob Wojcik, a Zone 8 Local Facilities Management Plan (LFMP),
Financing Plan, must be approved by Planning Commission and City Council.
The reimbursement agreement that is currently in work for Cannon Road
effectively functions as a financing plan for Cannon Road. (This reimbursement
agreement should be finalized so that it is approved by City Council either prior
to or concurrent with the Kelly Village "E" final map.) However, it just covers the
Cannon Road improvements. It does not cover any other infrastructure (e.g.
sewer). What is the status of any financing plan preparation?
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 431-5769
CT 96-07: KELLY RANCH VILLAGE "E"
ADVANCED GRADING PERMIT "PUNCH LIST"
D. GREENHALGH LETTER; JULY 29,1998
5. Associate Engineer, Sherri Howard, must verify that the Cannon Road
easements are acceptable.
6. Associate Engineer, Sherri Howard, must verify that environmental clearance
has been obtained so that the improvements to the Cannon Road/ECR
intersection can be installed.
7. Engineering Conditions (Planning Commission Resolution No. 4225):
• Condition #37 - Cannon Road Bridge and Thoroughfare District fee must
be paid. This agreement was supplied to Dave Ragland on March 19,
1998, to obtain Larry Clemens signature. It has yet to be returned. Is the
Cannon Road Reimbursement Agreement, which is currently in work,
supposed to supplant the B&TD agreement?
• Condition #46 - Standard condition regarding private improvements and
slope easements/permission to grade. PDC and B&H to review plans to
make sure that all applicable easements or permission is being obtained.
• Condition #47 - Basin maintenance language must be included in the
project Covenants, Conditions and Restrictions (CC&R's). PDC and B&H
to review CC&R's to make sure that this language is included. (This is a
grading issue.)
• Condition #52 - National Pollutant Discharge Elimination system
(NPDES) criteria must be included in the project CC&R's. PDC and B&H
to review CC&R's to make sure that this language is included. (This is a
final map not grading issue.)
• Condition #53(a) - There seems to be some confusion over the traffic
signal at the Cannon Road/Frost Street intersection. The signal should
be a part of the Kelly Village "E" plan set. PDC and B&H to review plans
and revise as necessary. (This is a grading issue.)
• Condition #53(e through k) - Water District improvement requirements.
PDC and B&H to coordinate with Carlsbad Municipal Water District
(CMWD). (This is a grading issue.)
• Condition #59 - Zone 8 LFMP(A) must be approved. This has been
revised to only include sewer and park requirements, as far as Kelly
Village "E" is concerned. (This is a final map not grading issue.)
• Condition #62 - Pad elevations for Lot No.'s 113-129 and the street
grades for "C" and "C-C" Streets must be raised to achieve a minimum 1'
freeboard above the 100-year flood line. B&H to verify this as part of the
plan check approval process for the on-site grading plans.
• Condition #63 - Same as Condition #37.
8. The requested Street Vacation and rededication for a portion of Frost Street
within Evan's Point must be processed. Notices and City Council Agenda Bills
and Resolutions must be prepared. B&H to process. Associate Engineer, Mike
Shirey to provide assistance. (This is neither a grading or final map issue, but is
being provided as an information item so that everyone involved is aware of the
status of this vacation.)
CT 96-07: KELLY RANCH VILLAGE "E"
ADVANCED GRADING PERMIT "PUNCH LIST"
D. GREENHALGH LETTER; JULY 29,1998
Planning Department Items (Planning Commission Resolution 4225):
1. Condition #11 - Annexation to Community Facilities District (CFD) #1 still must be
completed.
2. Condition #12 - Landscape & Irrigation plans still must be approved.
3. Condition #15 - Affordable Housing agreement still must be approved. (This may
have been done at the July 28, 1998, City Council meeting; however, this must be
verified.)
4. Condition #20 - A paleontologist must be retained to monitor the grading operation.
5. Condition #24 - Open Space (OS) language on the final map must be finalized.
PDC to submit proposed language to Associate Planner, Christer Westman and
Associate Engineer, Mike Shirey, in hi-lighted format, for review and determination.
(This is a final map not grading issue.)
As of the date of this letter, these are the outstanding issues that must be resolved to
obtain an advanced grading permit for Kelly Ranch Village "E" (except as noted in the
parenthetical notes after various issues).
Due to the scope and complexity of the processing for Kelly Ranch, some (or many) of
these issues may be in a state of negotiation with other individuals at Kelly Land
Company and the City. To my knowledge, the above issues still must be
resolved/completed. Therefore, this letter will only serve as a working document as an
attempt to smoothly complete the approval process for Kelly Ranch Village "E". Some
of these issues may be deleted and others added; but, this serves as a starting point to
complete the project.
If you have any questions, regarding fees, please call Michele Masterson at telephone
760/438-1161, extension 4315. If you have any questions regarding satisfying the
Planning Department requirements, please call Christer Westman at extension 4477. If
you have any questions regarding bonds and agreements, please call Nanci Plouffe at
extension 4361. If you have any engineering, or general questions, please contact me
at extension 4388.
MICHAEL J. SHIRE
Associate Engineer - Land Development
c: Public Works Director/City Engineer
Principal Civil Engineer - Land Development
Associate Engineer- S. Howard
Associate Planner - C. Westman
Consultant Plan Check Engineer- B&H
Engineering Technician II - M. Masterson
Management Assistant - N. Plouffe
Russ Haley
SHEA HOMES
10721 Treena Street, Suite 200
San Diego, CA92131
C. Larry Clemens
KELLY LAND COMPANY
2011 Palmer Airport Road, Suite 206
Carlsbad, CA 92009
City of Carlsbad
Planning Department
July 20, 1998
Mr. Ken Berg, Field Supervisor
U.S. Fish and Wildlife Service
2730 Loker Avenue West
Carlsbad, CA 92008
RE: CT 96-07 KELLY RANCH VILLAGE "E"
HABITAT LOSS PERMIT
On July 14, 1998, a Habitat Loss Permit was approved by the Carlsbad City Council for
the tract map CT 96-07 known as Kelly Ranch Village "E". The subject property is
located in the northwest quadrant of the City, as shown on the attached exhibit. The
project will take 2.66 acres of coastal sage scrub.
Pursuant to the 4(d) rule for the California gnatcatcher, this Habitat Loss Permit is being
transmitted to your offices for the required 30 day comment period. The comment period
will close on August 20, 1998. A copy of the staff report to the City Council and related
information is attached. Supplemental materials may be provided by the property owner.
Attached for your reference is a tabulation of all coastal sage scrub losses authorized by
the City of Carlsbad since March 1993. If you have any questions regarding this project,
please feel free to contact me at 438-1161 extension 4448.
Thank you for your cooperation in this matter.
Sincerely,
CHRISTER WESTMAN
Associate Planner
CW:kc
Attachment
c: California Department of Fish and Game
Kelly Land Company, Pam Whitcomb
Mike Shirey
2075 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (760) 438-1161 • FAX (76O) 438-0894
ATTACHMENT 1
Itemization of Impacts to Coastal Sage Scrub 5% Allocation
6/25/98 16:02
Description of Project
Starting Balance
City and Other Public Agency Projects:
San Dieguito Union High School District for South Carlsbad High
School site. Section 7 permit issued, 1993
CalTrans for Poinsettia Lane/l-5 Freeway ramps and auxiliary
lanes. Section 7 permit issued, 1995
CMWD - lining and covering of Maerkle Reservoir - 4(d) permit iss
Poinsettia Park - 4(d) permit issued, 1995
Cannon Road Reach 1- 4(d) permit issued 1995
Hidden Valley Road - Section 7 permit issued 1995
Maerkle Reservoir - additional impacts 1997
Cannon Road Reach 2 - 4(d) permit issued 2/97
La Costa Avenue Widening - Section 7 1998
Private Development Projects:
Aviara Phase II drainage structure impacts - 1994
Aviara Phase III grading - 4(d) permit issued 9/95
Parkview West - 4(d) permit issued May 1996
Carlsbad Ranch - 4(d) permitissued May 1996
Rancho Verde - Section 7 permit issued 1995
Mar Vista/Emerald Ridge West and East - approved administratively 11/95
Carrillo Ranch Phase I Grading - Section 7 permit issued 1995
Arroyo La Costa - Section 7 permit issued 1993
Cobblestone Sea Village- 4(d) permit issued 1/97
Holly Springs agricultural impacts 1997
Carlsbad Ranch - Hidden Valley Road approved administratively 1
Cobblestone Sea Village additional impact approved administrativ
Carrillo Ranch Phase II Grading - authorized 11/97
Meadowlands - 4(d) permit issued 3/98
Pacific View Estates - 4(d) permit issued 3/98
Ocean Bluff- 4(d) Issued 3/98
La Costa Village - 4(d) Issued 4/98
Green Valley El Cam/no Real Widening - 4(d) Approved 6/98
Ay res Land Co. - Aviara Parkway — Pending 4(d) 6/98
Newton Business Center - 4(d) approved administratively 6/98
Kelly Ranch Area E- Shea Homes - 4(d) Pending 7/98
Total acres authorized to be taken
Remaining acres
Acres
165.70
1.46
2.10
4.30
0.04
2.40
6.32
0.53
1.98
0.10
0.40
8.68
1.10
1.10
6.80
0.96
42.20
11.00
14.60
0.50
0.27
0.10
28.00
1.30
1.95
3.98
1.70
2.38
3.40
0.78
2.66
153.09
12.61
May8, 1998
Julie Vanderwier
USFWS
Loker Avenue West
Carlsbad CA 92008
RE: 4(d) permit application for Kelly Ranch Village "E"
Dear Julie:
Attached is a copy of the 4(d) permit application for the Kelly Ranch Village "E" project.
I would like to receive input from your review of the application prior to preparing the permit for
consideration by the City Council.
If you have any questions, give me a call at 438-1161 ext.4448.
SYSTEMS
LAND USE / COASTAL PLANNING
LANDSCAPE ARCHITECTURE • LA3900
POLICY AND PROCESSING
ENVIRONMENTAL MITIGATION
May 8,1998
Gail C, Kobetich
U.S. FISH AND WILDLIFE SERVICE
2730 Loker Avenue, West
Carlsbad, CA 92008 .'
RE: Kelly Ranch Area "E" • -
Section 4(d) Consistency Request
Dear Mr. Kobetich:
Pursuant to the Habitat Loss Permit Section 4(d) of the California gnatcatcher
rules, enclosed please find a copy of information submitted to the City of
Carlsbad for "take" of 2.66 acres of coastal sage scrub in conjunction with
residential development and fire suppression clearing of Area "E" of Kelly
Ranch. The City has requested that I submit this information to you directly,
in that they wish to consider your findings on this matter as they assess the
granting of the 4(d) permit! The Area "E" project has been approved, subject
to obtaining this permit. -
Please consider the enclosed information, and contact me or Christer
Westman at the City Planning Department, if you hav6 any questions. We
look forward to your comments.
Sincerely,
*aul J. Klukas V/ v
Director of Planning
cc: ; Christer Westman
' Seth Schulberg
Enclosures
2111 PALOMAR AIRPORT ROAD • SUITE 100 • CARLSBAD, CA 92009 • (760)931-0780 • FAX (760) 931-5744
PLANNING
SYSTEMS
LAND USE / COASTAL PLANNING
LANDSCAPE ARCHITECTURE • LA3900
POLICY AND PROCESSING
ENVIRONMENTAL MITIGATION
March 8, 1998
Mr. Don Rideout
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
RE: "Interim Take - 4(d)" Permit Application Kelly Ranch Area E
Dear Don:
On behalf of the Kelly Land Company, Planning Systems hereby requests the processing and
approval of a coastal sage scrub habitat "Interim Take - 4(d) Permit. This 4(d) Permit request
involves the proposed disturbance of Diegan coastal sage scrub on and adjacent to Area E of the
Kelly Ranch.
Overview
This permit request provides an analysis of the impacts to Diegan coastal sage scrub (CSS)
associated with the proposed development of Kelly Ranch Area E. Development plans for this area
have been reviewed by the U.S. Fish and Wildlife Service and the City of Carlsbad Planning
Department and a Conditional Negative Declaration has been issued for the project. The project
proponents were required to obtain an Interim Take- 4(d) Permit as ci condition of the Negative
Declaration.
This permit request describes and locates the CSS habitat on and adjacent to Area E. Background
information comes from the 1983 Kelly Ranch Environmental Impact Report (EIR), the 1990
Evans Point EIR, and a 1995 Planning Systems vegetation survey. Planning Systems botanists
updated this information during multiple site visits conducted in February of 1998. Data from these
sources were combined to produce the CSS Impacts/Mitigation Map attached.
Impacts to habitat were identified-by comparison of the CSS Impacts/Mitigation Map with the
footprint of development including a 60' wide fire supression zone. Acreage determinations were
made based on planimetry taken from the 1:100 scale CSS Impacts/Mitigation Map. The following
sections describe the location and extent of impact and provide suggested mitigation locations.
Subject Area Location and Description
The property is west of El Camino Real in the southeastern quadrant of the City of Carlsbad. Area
E lies in the southeastern portion of the Kelly Ranch Master Plan, (nearest El Camino Real), in
Local Facilities Management Plan, (LFMP), Zone 8. The property is directly south of Agua
Hedionda Lagoon and the Cannon Road Extension. The majority of the site consists of fallow
agricultural land and an active ranch site. Much of Area E was rough-graded in the 1960's..
2111 PALOMAR AIRPORT ROAD • SUITE 100 • CARLSBAD, CA 92009 • (760)931-0780 • FAX (760) 931-5744
Area E is bordered to the north by the planned and permitted extension of Cannon Road, to the east
by the Evans Point development in LFMP Zone 24, and to the south and west by a hillside with
intact CSS.
Description of Diegan Coastal Sage Scrub Resources
The level portion of the property has been extensively farmed and grazed in the past consist with
the historical use of the Kelly ranch. As a result most of the native vegetation has been removed
from the site. The subject property covers an area of approximately 45 acres, including 2.70 acres
of disturbed and intact CSS.
The southern edge of. the property grades into a hillside that supports an intact CSS community
along its north facing slope. The property has lain fallow for the past 10-15 years. CSS vegetation
has started to revegetate a narrow strip along the southern edge of the property where it grades into
the hillside. The hillside itself extends off the property and is covered in CSS. In addition there is
a small erosion feature in the center of the property that supports an isolated patch of disturbed
CSS. A second isolated patch of CSS is located in the northeast corner of the property, near the
intersection of El Gamino Real and the Cannon Road Extensionv
Analysis of Impacts ^ ,
There are two areas of direct impact associated with this project. Grading for development and
maintenance of fire management zone will take approximately 0.79 acres of CSS along the base of-
slope at the south end of the property. In addition, approximately 0.85 acres of disturbed CSS;
including the central erosion feature, will be taken during site grading. Total onsite take will be
1.64 acres. - '
Repair and restoration of a desiltation basin adjacent to the property, required as a permit condition,
will result in a temporary offsite take. An unstable slope above the desiltatation basin has
reestablished.in CSS. This slope must be cleared and recontoured to assure the future stability of
the slope and the integrity of the desiltation basin. Recontouring this slope will result in the take of
0.30 acres of disturbed CSS and 0.72 acres of CSS. Total offsite take will be 1.02 acres. Once
this slope is stabilized, it will be revegetated in CSS, therefore this take is considered temporary.
Proposed Mitigation _ v
The project applicants propose to mitigate the impacts to CSS using a 1:1 ratio. Mitigation for the
impacts on the southern edge of the property will be sited in a CSS preserve area along the base of
the slope, as shown on the CSS Impacts/Mitigation Map. A total of 1.64 acres of CSS will be
perserved to offset this impact. A small part of this acreage (0.07 acres) occurs offsite and will be
preserved with the cooperation of the Kelly Land Company.
Mitigation for the slope stabilization activities will 'occur on the stabilized area once the slope is,
recontoured. A total of 1.02 acres of CSS will be taken on a temporary basis during the
stabilization of the hillside. The take and the mitigation is prompted by the need to construct a
desiltation basin in the southwest corner of the property. Although the project creates the take, the
PLANNING
SYSTEMS
impact and mitigation occur offsite adjacent to the subject. The table below summarizes the take
and mitigation associated with this project. '
Type of Impact
Permanent Onsite
Coastal Sage Scrub
Disturbed Coastal Sage Scrub
Total Permanent Onsite '
Temporary Offsite Slope Stabilization
Coastal Sage Scrub
Disturbed Coastal Sage Scrub
Total Temporary Offsite
Total CSS Impacts
Impacted
Area (acres)
0.79
0.85
1.64
0.72
0.30
1.02
2.66
Mitigation
Ratio
1:1
1:1
1:1
1:1
1:1
Mitigation Area
(acres)
0.79
0.85
' 1.64
0.72 ,
0:30
~ 1.02
2.66
Please let me know your anticipated time-frame for approval of this 4(d) Permit request, and of
course let me know immediately if you need any further information.
Sincerely,
Paul J. Klukas
Director of Planning
cc: Kelly Land Company
PLANNING
SYSTEMS
of California
PETE WILSON
GOVERNOR
GOVERNOR'S OFFICE OF PLANNING AND RESEARCH
1400 TENTH STREET
SACRAMENTO 95814
July 16, 1997
CHRISTER WESTMAN
CITY OF CARLSBAD
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009
Subject: KELLY RANCH VILLAGE "E" SCH #: 97061052
LEE GRISSOM
DIRECTOR
Dear CHRISTER WESTMAN:
The State Clearinghouse submitted the above named environmental
document to selected state agencies for review. The review period
is closed and none of the state agencies have comments. This
letter acknowledges that you have complied with the State
Clearinghouse review requirements for draft environmental
documents, pursuant to the California Environmental Quality Act.
Please call at (916) 445-0613 if you have any questions regarding
the environmental review process. When contacting the
Clearinghouse in this matter, please use the eight-digit State
Clearinghouse number so that we may respond promptly.
Sincerely,
ANTERO A. RIVASPLATA
Chief, State Clearinghouse
NOTICE OF COMPLETION
Mail to: Sate Clearinghouse, 1400 Tenth Street, Room 12T7Sacr|
Project Title: Kelly Ranch Village "E"
910 61 ff 5 2
ICA958U-(916) 445-0613
Lead Agency: CITY OF CARLSBAD Contact Person: Christer Westman
Street Address: 2075 LAS PALMAS DRIVE Phone: 760-438-1161 x4448
City: CARLSBAD Zip: 92009 County: SAN DIEGO COUNTY
See NOTE Below:
SCH#
PROJECT LOCATION:
County:.. San Diego City/Nearest Community: _Carlsbad
Cross Streets: El Camino Real and Cannon Road Total Acres:
Assessor's Parcel No. Section: Twp..
28
. Range:.Base:
Within 2 Miles: State Hwy #: 1-5 Waterways: Aeua Hedionda Lagoon
Airports; McCLELLArWALOMAR Railways: NCTD Schools: Kelly Elementary School
DOCUMENT TYPE:
CEQA:Q
D
£3
D
NOP
Early Cons
Neg Dec
Draft EIR
D
Dn
Supplement/Subsequent
EIR (Prior SCH No.)
Other:
NEPA: Qaa
NOI OTHER:
EA
Draft EIS
FONSI
Q
Dn
Joint Document
Final Document
Other:
LOCAL ACTION TYPE:
Q General Plan Update
Q General Plan Amendment
Q General Plan Element
Q Community Plan
Q Specific Plan
rn Master Plan
Q Planned Unit Development
Q Site Plan
Q Rezone
Q Prezone
Q Use Permit
^ Land Division (Subdivision,
Parcel Map, Tract Map, etc.)
Q Annexation
Q Redevelopment
jg Coastal Permit
n Other:
DEVELOPMENT TYPE:
g[ Residential: Units 142
Q Office: So,. Ft.
Q Commercial: Sq. Ft.
Q Industrial: Sq. Ft.
Q Educational:
Q Recreational:
Acres 28
Acres Employees
Acres Employees
Acres Employees
Q Water Facilities:
Q Transportation:
Q Mining:
Q Power:
Q Waste Treatment:
Q Hazardous Water;
|~1 Other:
Type MGD
Type
Mineral
Type Watts
Type
Type
PROJECT ISSUES DISCUSSED IN DOCUMENT:
^ Aesthetic/Visual
Q Agricultural Land
^ Air Quality
g] Archaeological/Historical
Q Coastal Zone
Q Drainage/Absorption
Q Economic/Jobs
Q Fiscal
Q Flood Plain/Flooding
Q Forest Land/Fire Hazard
Q Geological/Seismic
rn Minerals
C3 Noise
Q Population/Housing Balance
Q Public Services/Facilities
Q Recreation/Parks
Q Schools/Universities
p Septic Systems
Q Sewer Capacity
Q Soil Erosion/Compaction/Gradin
Q Solid Waste
Q Toxic/Hazardous
Q Traffic/Circulation •. > ; -
g] Vegetation •, .
->«v -c—
|g Water Quality
Q Water Supply/
Ground Water
E3 Wetland/Riparian
g |g Wildlife
Q Growth Inducing
g| Land Use
: g| Cumulative Effect
P| Other:
Present Land Use/Zoning/General Plan 11 se
The site is currently occupied by a single home with horse corrals. The site is zoned as
identifies the site as single family. The General Plan for the site is Residential Medium (4-l@we
ity with a Master Plan which
units per acre)
Project Description:
A 142 lot single family subdivision on 28 acres.
State Clearinghouse Contact: Mr. Chris Belsky
(916)445-0613
State Review Began: (_Q / LO -/ '
^1 QDept. Review to Agency f - |
Agency Rev to SCH / -I H
SCH COMPLIANCE ( -/ (D
Please note SCH Number on all Comments
Project Sent to the following State Agencies
S7061052
Please forward late comments directly to the
Lead Agency
AQMD/APCD_ (Resources*
87061052
nX Resources
Boating
Coastal Comm
Coastal Consv
Colorado Rvr Bd
Conservation
X Fish & Game #
__ Delta Protection
Forestry
"V Parks & R<
Reclamation
BCDC"DWR
^OES
Bus Transp Hous
Aeronautics
CHP IA
X Caltrans # / j
Trans Planning
Housing & Devel
Health & Welfare
Drinking H20
Medical Waste
State/Consumer Svcs
_ Genera! Services
, Cal/EPA
_ARB
_ CA Waste Mgmt Bd
_SWRCB: Grants
SWRCB: Delta
_X* SWRCB: Wtr Quality
SWRCB: WtrRijjhts
X Reg. WQCB ft CJ
DTSC/CTC '
Yth/Adlt Corrections
Corrections
Independent Comm
Energy Comm
NAHC
_PUC
Santa Mn Mtns
X State Lands Comm
Tahoe Rgl Plan
Other:
April/, 1998
TO: CITY MANAGER
FROM: Public Works Director
CT 96-07/PUD 97-04/HDP 96-137 CDP 96-13 - KELLY RANCH VILLAGE "E"
As you are aware, staff has been working with the Village "E" applicant over the past
month concerning the requirement to construct Cannon Road full width along the
frontage of Village "E". The applicant requested that only a half width improvement be
required.
The applicant's concerns would be alleviated with the clarification that the improvement
of Cannon Road be accomplished over a two year period. The first phase
improvements from El Camino Real to Frost Street would be accomplished during the
first year. The frontage westerly of Frost Street would be required in the second year.
This clarification is consistent with past City practice of allowing the phasing of
improvements over a two year period.
If you concur and Council agrees, the Council's action should be to adopt its Resolution
98-68, after amending its paragraph 2 by adding: The final paragraph of Condition 53 of
Planning Commission Resolution No. 4225 is amended by the addition of:
"The subdivision secured improvement agreement shall provide that:
Cannon Road from El Camino Real to Frost Street shall be complete within one
year following execution of the Subdivision Improvement Agreement.
Cannon Road from Frost Street to the west tract boundary shall be complete
within two years following execution of the Subdivision Improvement
Agreement.
IBBS, P.E.
Public "Works Director
c: City Attorney
Community Development Director
Planning Director
Principal Civil Engineer - Wojcik
Assistant Planning Director
Larry Clemens
March 20, 1998
TO:CITY MANAGER
FROM: Public Works Director
CT 96-07/PUD 97-04/HDP 96-137 CDP 96-13 - KELLY RANCH VILLAGE "E"
As you will recall at its March 10, 1998 meeting, the City Council continued
consideration of the approval of Village "E" of the Kelly Ranch to allow staff and
the developer to resolve issues raised subsequent to the Planning Commission
approval.
Staff has met with the developer and resolved the issues related to the
affordable housing requirements and modifications required to the Local
Facilities Management Plan (LFMP) for Zone 8.
The developer continues to express concerns about Condition No. 53 (C) related
to the improvement of Cannon Road along the frontage of Village "E".
Condition No. 53 (C) states:
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 in accordance with the following:
c) Full Major Arterial improvement to Cannon Road, including the
landscaped raised median, from ECR to the project's southwestern
boundary. Construction of Cannon Road improvements requires the
issuance of a Coastal Development permit by the California Coastal
Commission.*
*The developer shall enter into a reimbursement agreement and shall be eligible
for fee credit and/or reimbursement for their portion of the Cannon Road
common improvements as defined in the Cannon Road West Bridge and
Thoroughfare District.
The timing and extent of improvements of Cannon road are dealt with in both the
Kelly Ranch Master Plan and the Zone 8 LFMP. The Planning Commission
March 20, 1998
CT 96-07/PUD 97-04/HDP 96-137 CDP 96-13 - KELLY RANCH VILLAGE "E"
Page 2
approvals and the Environmental Clearances were based on the findings of
consistency with these documents, assuming the full width improvement of
Cannon Road
A reduction of the condition for full improvements will require further study to
insure adequate conformance to Growth Management and overall conformance
with the Master Plan.
Should the applicant wish to pursue a reduction in improvement requirements,
staff recommends that the project be remanded to the Planning Commission for
consideration to insure conformance with all applicable documents and the
provision^ of Growth Management.
LLOVD E^HtJBBS, P.E.
Public Works Director
c: City Attorney
Community Development Director
Planning Director
Principal Civil Engineer - Wojcik
Assistant Planning Director
Larry Clemens
! '{Gary
From:
To:
Date:
Subject:
Debbie Fountain
Gary Wayne
3/19/98 8:03AM
Kelly Ranch - Village E
Just in case Michael has not had the chance to tell you yet, I wanted to update you on Kelly Ranch and
their affordable housing agreement. Larry is a good whiner. The Policy Team said that we would take his
current site plan forward to HC (prior to formal review) and Marty will agree to execute an affordable
housing agreement to allow a final map for Village E. However, there are conditions. Larry must submit a
formal site development plan application for the affordable housing project prior to the Housing
Commission meeting on April 9, 1998. In addition, the affordable housing agreement will not allow Larry to
final maps on any other property within Kelly Ranch until fhe SDP is formally approved. Also, the
agreement must have a contingency plan that requires 22 units in Village E to become affordable, if the
SDP is not approved for any reason. This means that 22 units within Village E will not be able to be sold
until the SDP is approved. If it is not approved, those 22 units will have to be subsidized and made
affordable to lower income households for purchase or rent. How that is done will be Larry's problem. We
are still working on the language for the agreement, but we will be taking the project forward to Housing
Commission on April 9th. So, if you have any serious concerns based on a preliminary review of Larry's
site plan, please let me know. Thanks!!
March 6,1998
TO: CITY MANAGER
FROM: Public Works Director
CT96-07/PUD97-04/HDP 96-13/CDP 96-13 - KELLEY RANCH VILLAGE
Please find attached several pieces of correspondence related to Kelly
project. These letters express concerns related to various conditions of approval which are
included in the final project approval being heard by the Council at its upcoming March 10, 1998
Council meeting.
None of the issues addressed in these letters were discussed at the Planning
Commission hearings.
The issues raised are:
1. Condition No. 53 (C) of PC Resolution 4227 requires full Village "E" Cannon Road
frontage improvements.
The applicant is requesting Vz street improvements. The applicant is concerned that
reimbursements contemplated by the approval conditions will not be timely.
2. Condition No. 8 effectively prevents final map approval until the Local Facilities
Management Plan for Zone 8 (Zone 8 LFMP) is amended.
The developer seeks relief from this condition or expedited approval of the Zone 8
LFMP.
3. Condition 15 states "Prior to the approval of the final map for any phase of this project
the Developer shall enter into an affordable Housing Agreement with the City...".
The developer seeks flexibility in the interpretation of this condition.
None of these issues were addressed at the Planning Commission Hearing. It is the opnion of
the City Attorney that the project should be remanded to the Planning Commission for further
consideration.
It would be my recommendation that this item by continued to March 24, 1998 to allow
staff to meet with the applicant to better understand the issues involved prior to taking
action to remand the item to the Planning Commission for rehearing.
If you have any questions please let me know.
JS, P. E.
Publftf Works Director
LBH:brg
c: Community Development Director
Planning Director
Assistant Planning Director
Principal Civil Engineer - Wojcik
Associate Planner - Westman
City of Carlsbad
Public Works Department
March 4,1998
D. Larry Clemens
Vice President
Kelly Ranch
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92009
KELLY RANCH - VILLAGE "E" CLARIFICATION
Dear Larry,
The purpose of this letter it to clarify an incorrect date on my letter dated March 2, 1998.
In the second paragraph I said " This item is scheduled for the Council Agenda on March
17,1998. The correct date is March 10,1998. Please call if you have any questions.
Cordiall
LLOYD B. MO^BS, P.E.
Public Works Director
LBH:brg
c: City Manager
City Attorney
Community Development Director
Planning Director
Assistant City Engineer
Assistant Planning Director
Principal Civil Engineer - Bob Wojcik
Associate Engineer - Shirey
2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 431-5769
City of Carlsbad
Public Works Department
March 2,1998
D. Larry Clemens
Vice President
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92009
KELLY RANCH - VILLAGE "E"
Dear Larry,
In your letter of February 17, 1998 you discussed your concern with Condition No. 53 (C) to the
Village "E" Tentative Map previously approved by the Planning Commission. Staff will not support
modification to this condition. If it is your intent to appeal this condition, you need to so notify the
City Clerk as soon as possible.
As you know this was not an issue raised at the Planning Commission and has not been
addressed in the Council Staff Report. This item is scheduled for the Council Agenda on March
17.1998.
Responding to the other concerns expressed in your letter, I would like to assure you that Cannon
Road remains a priority project that the City is actively pursuing. Funding and timing have always
been an issue as has been cooperation with the Kelly Ranch owners.
As we discussed at our last meeting, staff will not support partial improvement of Reach 2 of
Cannon Road. The major issue is the amount and timing of reimbursement. This issue relates to
the availability of funding and the timing of development. We are currently attempting to complete
analysis of City funding and complete the formation of the Cannon Road Bridge and Thoroughfare
District. When these two items are complete, we will know when funding for Reach 2 would be
available.
I would also however, stress that the staff has identified Cannon Road Reach 1 and Faraday
Avenue through Macario Canyon as having priority over Reach 2 of Cannon Road.
If you have any questions, please let me know. Your continued cooperation is appreciated.
Cordis
BBS, P.E.
'orks Director
LBH:brg
c: City Manager
City Attorney
Community Development Director
Planning Director
Assistant City Engineer
Assistant Planning Director
Principal Civil Engineer - Bob Wojcik
Associate Engineer - Shirey
2O75 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (76O) 431-5769
03/04/98 WED 09:31 FAX 3386700 SHR&H SANDIEGO i|002
SHEPPARD, MULLIN, RICHTCR & HAMPTON
mouMuu nor
LAW
NINETEENTH rLOOl*
BOI WEST BROADWAY
SAN DIEQO, CALIFORNIA S>2lOt-3BQS
TELEPHONE MS-«*X> OUR T.1.BDIRECT LINE
FACSIMILE (619) S9*-.aaia(619) 338-6530
March 3,1998
BY TELECOPY
Ronald R. Ball, Esquire
City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Re; KeUv Ranch/Village "E"
Dear Ron:
By way of background, I enclose herewith copies of the following
correspondence: letter from Larry Clemens of Kelly Ranch Company to Lloyd Hubbs
dated February 16,1998; another letter from Larry Clemens of Kelly Ranch Company
to Lloyd Hubbs dated February 17,1998; and reply letter from Lloyd Hubbs to Larry
Clemens dated March 2,1998.
The principal purpose of this letter is to be sure you are aware of the
objection made by Kelly Land Company to condition no. 53 (c), as originally stated
and for all the reasons mentioned in the Clemens letter of February 17. It is apparent
from the Hubbs letter- that staff does not agree. Accordingly, it appears that it will be
necessary for Kelly Land Company to discuss its objection and the reasons therefor
with the council at the scheduled hearing. I have also placed a call to your office, and
hope to discuss this with you.
I am unclear as to the hearing date. Larry Clemens told me he had seen a
notice .stating QIC hearing was March 10, but I see that Lloyd Hubbs refers to it in his
LOS ANOCtes • £>RAN<3e COUNTY * SAN D I tj <5 O • SAN FRANCISCO
i
03/04/98 WED 09:32 FAX 3386700 SMR&H SANDIEGO @003
SHEPPARD, MULLIN, RICHTER & HAMPTON uj.
Ronald R. Ball, Esquire
March 3,1998
Page 2
letter as being on the council agenda for March 17. I would appreciate confirming
which is the applicable date.
I would also appreciate the opportunity to discuss the issue with you in
advance. I have not had the opportunity to review in full the record of what was
submitted to and discussed at the Planning Commission meeting regarding Kelly
Ranch-Village "£." However, it is clear to me that Kelly Land Company has raised a
significant issue about lack of nexus relating to any requirement by die City that Kelly
Land Company construct the extra two lanes of Cannon Road at KLC's financial
obligation or financial risk. I am aware mat Kelly Land Company made a conceptual
proposal to die City that it would be willing to undertake the task of constructing the
extra two lanes, provided that the City would commit to unconditional reimbursement
with a definite time certain. In the absence of such a solid and definite commitment,
however, Kelly Land Company objects to imposing any condition beyond the nexus
requirement referred to by Clemens.i
I hope that you will give me a call so that we can discuss the matter.
Unless it is otherwise resolved, however, the issue will need to be discussed before the
council.
With best regards.
Sincerely,
Enclosure
SDl :»M1\LETOOCX\5I06T247.1
cc: Mr. D.L. Clemens
i. Neils
for SHEPPARD, MULLIN, RICHTER & HAMPTON LJU?
SANDIEGO ._ _. 12,004
KELIYKANCH
February 16,1998
Mr. Lloyd Hubbs
Director of Public Works
City of Carlsbad
207$ Las Palmes Drive
Carlsbad, California 92009
Re: K^Ty Ranch-
Dear Lloyd:
The tentative subdivision map/site development plan package for Kelly Ranch Area "E"
was recommended for approval by the Carlsbad Planning Commission on January 21,
and will be heard by the City Council, shortly. Kelly Land Company has generally
accepted the extensive list of recommended condition of approval. As yon know, in
coryunction with recordatjotj of the fiftai map, we are agreeable to dedication of the
required Cannon Road rights-of-way to the City of Carlsbad.
However, out ability to comply with two of foe conditions of approval rests mote within
titie City's control, than ours. We are very concerned that the timetable fat City action,
and thus our compliance with these two conditions will be extended so long as to delay
the Area "E" fmal map, and the Cannon Road dedication, indefinitely. It is our
expectation that the Area "E" final nap will be ready tor approval by May. 1998; and
with its recordatioa Village "E", El Camino Bridge, and Cannon Road construction will
commence.
Condition No. ft. "This project shall cotrgity with all conditions and mitigation
measures which are required as part of the Zone 8 LFMP tn effect at the time of final
map..." A proposed amendment to the existing Zone 8 LFMP has been under review in
the City Engineering Department since October 6,1997, No substantive comments have
been received from the City in the five months since its sutemittal. A number of
requirements of the original (1985) approved Zone 8 LFMP are no longer accurate or
appropriate to the present proposal. AtftTniafrrmmr it is necessary that the parks impact
mitigation, conditions of the existing LFMP be revised prior to the final map far Area "E".
•ilil IMimvAliti'KmKiiUiVttlMIKi.CWMiMi.t'A'MIWJ • Ui-liil'il'iiMl'ili • I u;|ii|'l|
SANDIEGO
Mr. Lloyd Hubba
February 16,1998
Page Two
Condition No. 15, "Prior to the approval of the final nap for any phase of this
project, the Developer shall enter into an Affordable Housing Agreement with the
City,.." Kelly Land Company has submitted a. draft Affordable Housing Agreement for
City review. We have recently been notified that it is the City's preference (although not
ordinance) to review and approve a full set of development plan drawings of the
affordable project at the same tone that an Affordable Housing Agreement is reviewed
and approved.
Although many aspects of the Kelly Ranch affordable housing solution, are known at tins
time (including location, number of units, number ofbedrooms, and affordable lease
rates), the site development plan approval will be delayed with the Rally Ranch
Supplemental EUt for approximately 8 months. Unless some flexibility on this issue is
allowed, the entire cooperative program for expediting processing and dedication (which
was soundly supported by the Planning Commission) is jeopardized, and the very narrow
construction window is diminished.
Kelly Land Company will assist the City in any way they can to provide: the information
necessary in order to achieve approvals necessary for the LFMP Amendment and the
Affordable Housing Agreement, and to allow the final map and dedication, of Cannon
Read to proceed within the previously discussed ttoe frames. We conclude, however,
that it is absolutely necessary for the City to promptly address the above two items, in
order that the Cannon Road dedication and construction program be completed as
previously scheduled.
D, Larry Clemens
Vice President
cc: Marty Qrenyak Michael Holzmiller
Gary Wayne ChristerWeatjnan
Bob Wojcik Mike Shirey
Debra Fountain
3388700^ SMR&H _ __
ilOOB
KELLY RANCH
Fcbrowy 17,1998
Mr. Lloyd Hubba
Diwetor of Public Works
City of Carlsbad.
2075 Las Palmas Drive
Carlsbad, California 92009
Re: Kelly Ranch - Cannon Road
Dear Lloyd:
Thank you for meeting with ma and our Kelly Ranch team on February 11.1998 to
discus? Camion Road and, specifically, the financing and reimbursement arrangements
for ihia major element of Carlsbad's circulation sygtem.
We were very surprised st the change in attitude that you represented. It had beea out
understanding over the last several months that the Cannon Road effort was to be a
"partnership" between the City and laBdovmerSt and a. team effort to expedite its
construction. C!ettam!y the completion of Ca^
circulation system surrounding Palomar Airport Road and Lego, while providing the
front door to Kelly Ranck We both have a real incentives to work te^B^er and to fairly
share the proportionate inndcn that cons^^ However,
your outline of financing in our recent meeting fell far short of fair and equitable. It b
our understanding that it is your expectation thai Kelly Land Company construct Cannon
Road with JttU width improvemeots, the entire length ctf oar Kelly IRai^fesiitsfi*.
Though our subdivision obligations will only ICOTHTC two (2) lane* andine median,
thereby leaving the remaining one-half of Cannon Road subject to rambursqnant As we
discussed, you estimate that the amount subject to reimbursement could be as much, as $3
' $5 million dollars and you cannot tell m when, we oaa expect to be repaid,
Additionally, the fee per ADT has escalated ^viddy from S73/ADT to S210/ADT (300%)
and has toe potential of me landowners who signed agreements with the City early, to
remain at the lesser amount, while the remainder of the participating landowners will
necessarily pay OB higher amounts to make up fat the short-falls. This is noj acceptable
to Kelly Land Company.
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LFAZ 3386700
@)007
Mr. Lloyd Hubbs
February 17,1998
Page
The Hillman organization has already entered into several substantial Reimbursement
Agreements with the City of Carlsbad (i.e., Villa. Loins Affordable Housing; Aviaia Park
Agreement) where the City hag not acted reasonably in discharging the responsibilities of
the agreements. So, given the significance of the Cannon Road expenditures; the lack of
acceptable reimbursement terms, and the unsettling history of Carlsbad's reimbursement
agreements, Kelly Land Company is proposing that the Cannon Road - Kelly Ranch
frontage proceed as follows:
* install tWP lanes and mHtP", Wfh/g"**"1 and «ri<jeyqj|fc (aa required) on the project
side of Cannon Road (south side); coincident with, adjacent development;
dedicate full Cannon Road right-of-way upon the recordaaion of each of the Kelly
Ranch subdivision maps (Village E; Master T.M. Villages DJF,GJU)J,KVL);
* install new Improvements to Bl Camino Bridge (at Agua Hedionda Creek) sabjeot
to immediate reimbursement
Citv of Carlsbad wilt!
schedule;
use the now available funda to construct the Macario Canyon Bridge;
* RermhiKcKLC for H Camino Bridge construction;
* install CannoaRoad (upgraded) utilities, as required;
» construct Faraday Avenue with now available funds.
Further, it is Kelly Land Company's contention that the Conditioni No.53 (c) (stated in the
Planning Commission Village E Conditions of Approval) requiring the lull width.
improvement of Cannon Road, subject to reimbursement, is now rjol acceptable because
of the City's inability to provide reasonable reimbursement terms. Inasmuch as the full
width impravameot installation is voluntary, and eannot be mandated because of look of
nexus to the Village "£" sobdiviadoti requiienients, we hereby request that this condition
bo properly modified for the City Council's pending hearing on Village "E".
03/04/98 WED 09:35 FAX 3386700 SMR&H SANDIEGO
0008
Mr. Lloyd Hubbs
February 17,1998
Page Three
As you know, we were greatly disappointed to have you disallow the reimbursement of
expenses that Kelly has already expanded in assisting the City with iheir permit
processing at the state and federal resource agencies. It was our understanding from the
beginning that these costs would be subject to reimbursement with proper documentation
We realize that some of these costs were to advance our own interests and will of course,
ba properly accounted for. It is not fair to diamiss ail costs when we diligently proceeded
based upon our verbal agreement, as you requested.
There still OK several significant and timely matters outstanding that will require
Kelly/City cooperation. Among them an: (1) the City's need to establish a borrow site on
Kelly Ranch to excavate approximately 80,000 cable yards of dirt for surcharging
purposes at the Macario Canyon Bridge; and (2) the provision of approximately 2 1/2
acres of mitigation land on the Kelly Ranch for the City's use in satisfying Cannon Road
requirements.
We have a long way to go to complete Cannon Road. Kelly Land Company is a willing
participant in. the process but, it is a two-way street; it must be fair to both sides, We
have so little titao, qn4 tho available time is so constrained, that brinlonanship negotiating
distracts from the tasks at hand.
I am hopeful that you will figure out a fair Method to allow landowners to participate
with the City to build Cannon Road (full width, full length) without having to phase the
construction. Kelly Land Company remains committed to the project, but without
reasonable reimbursement teems, We will have ID proceed as I have outlined and install
only the portions of Cannon Road that meet the nexus test for the adjacent projects.
At your earliest convenience I would like to meet with you to discuss coordination of
partial improveoifints of Cannon Road,
Sincerely,
D. Laity Clemens
Vice President
cc: Mayor Bud Lewis LisaHildebrand
Council Members Sheni Howard .
Raymond Patched David Hauser
Marty Oreoyak Christer Westman
MEMORANDUM
January 19, 1998
TO: ASSOCIATE PLANNER - CHRISTER WESTMAN
FROM: Associate Engineer - Land Development Section
VIA: Principal Civil Engineer - Land Development Section
CT 96-07: KELLY RANCH VILLAGE "E"
PC RESOLUTION NO. 4225 - REVISED ENGINEERING CONDITIONS OF APPROVAL
In accordance with discussions at the project Departmental Coordinating Committee (DCC)
meeting of Tuesday January 13, 1998, and the project's initial Plan Check Coordinating (PCC)
meeting of Wednesday, January 14, 1998, and in accordance with recent discussions with
engineering department staff, attached are specific revised Engineering Conditions of Approval
for the above referenced project.
Various conditions, and portions of conditions have been deleted. This is being shown with a
strikeout font. Various conditions, and portions of conditions have been added. This is being
shown with an underlined and/or bold font.
If you have any questions, please either see or call me at extension 4388.
MICHAEL J.SHIREY
Associate Engineer - Land Use Review
Attachment
,,. * CT 96-07; CDP 96-13, HDP 96-13, PUD 97-04
4 KELLY RANCH VILLAGE "E"
SPECIFIC REVJSED ENGINEERING CONDITIONS OF APPROVAL
Engineering Conditions;
37. This project is within the proposed boundary of the Cannon Road West Bridge and
Thoroughfare Fee District. This project is required to pay a fair share contribution
towards the construction of Cannon Road in accordance with the proposed fee program.
If the district has not been formed prior to the issuance of building permits for the project,
the owner shall pay a fee based on the Average Daily Trips generated by the project and
shall enter into an agreement with the City not to oppose the formation of a fee district
and to pay the project's fair share contribution towards the construction of Cannon Road
in accordance with the future adopted fee program.
47. The developer shall install or agree to install and secure with appropriate security as
provided by law desiltation/detention/urban pollutant basin(s) of a type and a size and at
location(s) as approved by the City Engineer. The developer shall enter into a basin
maintenance agreement and submit a maintenance bond satisfactory to the City Engineer
prior to the approval of grading, building permit or final map whichever occurs first for
this project. Basin maintenance shall be conducted by the Kelly Ranch Village "E"
Homeowner's Association (HOA) or a Kelly Ranch Master HOA. Language to this
effect shall be added to the Covenants Conditions & Restrictions (CC&R's) for the
applicable HOA responsible for maintaining any basin(s). Each basin shall be
serviced by an all-weather access/maintenance road.
53. 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 in accordance with the
following:
A. Install a fully actuated traffic signal at the intersection of Cannon Road and
Frost Street.
B. Install a fully actuated traffic signal at the intersection of Cannon Road and
El Camino Real (ECR).*
C. Full Major Arterial improvements to Cannon Road, including the
landscaped raised median and ail utilities, and the improvements to ECR, in
accordance with improvement drawing 333-2G, from station 99+00 easterly.
ECR to the project's southwestern boundary. Construction of Cannon Road
improvements requires the issuance of a Coastal Development Permit by the
California Coastal Commission.*
D. Full on-site public street improvements to "A, AA, B, C, CC, D, E, F, G, H,
HH, I Streets" and "Frost Street".
E. South Agua Hedionda Interceptor sewer (temporary dry line) along the
project frontage within Cannon Road, connecting to the existing 36" sewer
within ECR, extending westerly to the tract boundary along Cannon Road.
(In accordance with CMWD District Engineer correspondence, dated
11/6/97.)
F. Temporary sewer force main within Cannon Road along the project's
frontage to service the project.
G. Temporary lift station, as shown on the tentative map.
H. Emergency overflow pipeline from the wet well of the temporary lift station
to the south Agua Hedionda Interceptor Sewer. (In accordance with CMWD
District Engineer correspondence, dated 11/6/97.)
I. Manhole covers at all locations on the collector sewer system shall be above
the 24' elevation. (In accordance with CMWD District Engineer
correspondence, dated 11/6/97.)
J. The existing sewer line within Frost Street (at Evan's Point) shall be
extended and connected to the proposed sewer line, in Frost Street, for this
project in accordance with CMWD District Engineer correspondence, dated
11/6/97.
K. The existing sewer line, from Frost Street to the force main, along the
project's easterly boundary line shall be abandoned in accordance with
CMWD District Engineer correspondence, dated 11/6/97.
*The developer shall enter into a reimbursement agreement and shall be eligible for
fee credit and/or reimbursement for their portion of the Cannon Road common
improvements as defined in the Cannon Road West Bridge and Thoroughfare
District. Improvements to ECR, including the transitions on the east side of the
roadway, are reimbursable, except for any frontage improvements along ECR.
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
shall be constructed within 18 months of approval of the secured improvement agreement
or such other time as provided in said agreement.
58. The PCC overflow ditches being shown on the tentative map at "A, CC, D and G"
Streets shall be revised to indicate vegetated swales or another overflow mitigation
system as shall be approved by the City Engineer. All overflow mitigation systems
shall be shown on the project's final grading plans.
62. The pad elevations for tentative map lot number's 113 through 129 and the street
grades for "C" and "C-C" streets shall be raised so that a minimum 1' freeboard is
achieved above the 100 year flood line. This shall be shown on the conforming
mylar tentative map and the project's final grading plans.
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
LAND USE REVIEW
December 10, 1997
TO: ASSOCIATE PLANNER - CHRISTER WESTMAN
FROM: Associate Engineer - Land Development Section
VIA: Principal Civil Engineer - Land Development Section
CT 96-07, CDP 96-13, HDP 96-13, PUD 97-04: KELLY RANCH VILLAGE "E"
PROJECT REPORT AND CONDITIONS TRANSMITTAL
Engineering Department staff have completed the review of the above-referenced project and
are recommending:
_X_ That the project be approved subject to the conditions as listed on the attached sheet.
That the project be denied for the following reasons:
The following is a final Land Development Section project report for inclusion in the staff
report for this project.
LAND DEVELOPMENT SECTION
Project Report
PROJECT ID: CT 96-07, PUD 97-04 PREPARED BY: Michael J. Shirey
CDP96-13, HDP 96-13
PROJECT NAME: Kelly Ranch Village "E" APPROVED BY:
LOCATION: South of El Camino Real and east of Agua Hedionda Lagoon.
BRIEF DESCRIPTION: Single-family residential development, which includes, 154 lots (144
single-family, 4 non-residential, 5 open space, with 1 remainder
parcel).
ENGINEERING ISSUES AND DISCUSSION:
TRAFFIC AND CIRCULATION:
Projected Average Daily Traffic (ADT): 1440
Traffic study performed by: Urban Systems Associates, Inc.
Comment: No major traffic and circulation issues are associated with this proposed
project.
SEWER: \
Sewer District: Carlsbad Municipal Water District
Sewer EDU's Required: (1) edu/dwelling unit x 144 dwelling units = 144 EDU's
Comment: Kelly Ranch Village "E" will temporarily utilize existing gravity sewer
facilities (21" VCP, Imp. Dwg. 144-7 & 335-7) located adjacent to El Camino Real
(ECR), which travel westerly through the Agua Hedionda Lagoon area. To access
this gravity sewer, Village "E" will have to construct a temporary force main and
pump station. Ultimately, Village "E" will utilize gravity sewer facilities within future
Cannon Road. Village "E" will be required to construct these ultimate sewer facilities
within Cannon Road, as a condition of approval for the project.
WATER:
Water District: Carlsbad Municipal Water District
GPD Required: 220 gpd/edu x 144 edu's = 31,680 GPD
Comment: No major water issues are associated with this proposed project.
SOILS & GRADING:
:ies:
On-site:
Cannon Road:
(within site)
Cut (cv)
184,300
10,000
Fill (cv)
202,600
15,500
Import (cv)
18,300
5500
Permit required: Yes
Off-site approval required: Yes
Hillside grading requirements met: Yes
Preliminary Geo-technical Investigation performed by: Pacific Soils Engineering, Inc.
Comment: Numerous landslides exist on the site. In accordance with a
correspondence dated August 4, 1997, the project soils engineer has stated that the
site is suitable for development, provided that the recommendations within the report
are adhered to.
DRAINAGE AND EROSION CONTROL:
Drainage basin: B
Preliminary hydrology study performed by: Project Design Consultants
Erosion Potential: Moderate - High
Comment: The preliminary hydrology study did not identify any major drainage
issues associated with this proposed project.
LAND TITLE:
Conflicts with existing easements: Yes
Easements dedication required: Yes
Site boundary coincides with land title: Yes
Comment: No major land title issues are associated with this project. Any
conflicting easements will be quit claimed or relocated, as shown on sheet 2 of 3 of
the tentative map.
IMPROVEMENTS:
Off-site improvements: No
Standard variance required: No
Comment: No major improvement issues are associated with this proposed project.
CT 96-07, CDP 96-13, HDP 96-13, PUD 97-04
KELLY RANCH VILLAGE "E" —- H
ENGINEERING CONDITIONS OF APPROVAL?
ENGINEERING CONDITIONS
General:
(12) The net developable acres shall be shown for each parcel.
(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.
(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.
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.
48. The developer shall provide for sight distance corridors in accordance with Engineering
Standards and the tentative map; and, shall record the following statements on the
conforming mylar tentative map and preliminary landscape plan:
1. Mature vegetation within the site line area of all intersections shall
be no greater than 30" in height or have a canopy no less than 8' in
height.
2. No structure, fence, wall, sign, or other object over 30 inches above the
street level shall be placed or permitted to encroach within the area
identified as a sight distance corridor in accordance with City Standards
and the tentative map. The underlying property owner, or
homeowner's association shall maintain this condition.
Fees/Aqree/nente;
(57) This project is within the proposed boundary of the Cannon Road West Bridge and
Thoroughfare Fee District. This project is required to pay a fair share contribution
towards the construction of Cannon Road in accordance with the proposed fee program.
If the fee district has not been formed prior to issuance of building permits for the
project, the owner shall pay a fee based on the Average Daily Trips generated by the
project and shall enter into an agreement with the City not to oppose the formation of a
fee district and to pay the projects fair share contribution towards the construction of
Cannon Road in accordance with the future adopted fee program.
(49) Prior to issuance of a building permit for any buildable lot within the subdivision, the
property owner shall pay a one-time special development tax in accordance with City
Council Resolution No. 91-39.
(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.
(55) The owner shall execute a hold harmless agreement for geologic failure.
(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:
(1) Prior to the issuance of a grading permit, the developer shall submit proof that a Notice
of Intention has been submitted to the State Water Resources Control Board.
(58) Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. The developer must submit
and receive approval for grading plans in accordance with City codes and standards.
(60) Upon completion of grading, the developer shall ensure that an "as-graded" geologic
plan is submitted to the City Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective measures as actually
constructed and must be based on a contour map which represents both the pre and
post site grading. This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar
drafting film and shall become a permanent record.
(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.
Decf/caf/'ons//mproye/nente;
(62) The developer shall install or agree to install and secure with appropriate security as
provided by law desiltation/detention/urban pollutant basin(s) of a type and a size and at
location(s) as approved by the City Engineer. The developer shall enter into a basin
maintenance agreement and submit a maintenance bond satisfactory to the City
Engineer prior to the approval of grading, building permit or final map whichever occurs
first for this project. Each basin shall be serviced by an all-weather access/maintenance
road.
(67) Direct access rights for all lots abutting Cannon Road shall be waived on the final
map.
(63) Additional drainage easements may be required. Drainage structures shall be provided
or installed prior to or concurrent with any grading or building permit as may be required
by the City Engineer.
(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, as identified
below. 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.
A) El Camino Real northwest of Cannon Road shall be dedicated on the
final map, along the property frontage.
B) The remaining segments of Cannon Road shall be dedicated on the
final map, along the property frontage, approximately from the project
entrance to the project's southwestern boundary line.
C) "A, AA, B, C, CC, D, E, F, G, H, HH, I Streets" and "Frost Street".
(66) Prior to issuance of building permits, the developer shall underground all existing
overhead utilities along and within the subdivision.
(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 prepared by the
developer and 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 in accordance with
the following:
A) Install a fully actuated traffic signal at the intersection of Cannon Road and
Frost Street.
B) Install a fully actuated traffic signal at the intersection of Cannon Road and
El Camino Real (ECR).
C) Full Major Arterial improvements to Cannon Road, including the
landscaped raised median, from ECR to the project's southwestern
boundary.*
D) Full on-site public street improvements to "A, AA, B, C, CC, D, E, F, G, H,
HH, I Streets" and "Frost Street".
E) South Agua Hedionda Interceptor sewer (temporary dry line) along the
project frontage within Cannon Road, connecting to the existing 36" sewer
within ECR, extending westerly to the tract boundary along Cannon Road.
(In accordance with CMWD District Engineer correspondence, dated
11/6/97.)
F) Temporary sewer force main within Cannon Road along the project's
frontage to service the project.
G) Temporary lift station, as shown on the tentative map.
H) Emergency overflow pipeline from the wet well of the temporary lift station
to the south Agua Hedionda Interceptor Sewer. (In accordance with CMWD
District Engineer correspondence, dated 11/6/97.)
I) Manhole covers at all locations on the collector sewer system shall be
above the 24' elevation. (In accordance with CMWD District Engineer
correspondence, dated 11/6/97.)
J) The existing sewer line within Frost Street (@ Evan's Point) shall be
extended and connected to the proposed sewer line, in Frost Street, for
this project. (In accordance with CMWD District Engineer correspondence,
dated 11/6/97.)
K) The existing sewer line, from Frost Street to the force main, along the
project's easterly boundary line shall be abandoned. (In accordance with
CMWD District Engineer correspondence, dated 11/6/97.)
* The developer shall be eligible for reimbursement for their portion of the Cannon
Road surface improvements, except for the No. 2 (outside) frontage lane, bicycle
lane, curb and gutter, sidewalks and street light standards.
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
shall be constructed within 18 months of approval of the secured improvement
agreement or such other time as provided in said agreement.
Final Map Notes:
(78) Notes to the following effect shall be placed on the final map as non-mapping data:
(78.A.) This subdivision contains a remainder parcel. No building permit shall
be issued for the remainder parcel until it is further subdivided
pursuant to the provisions of Title 20 of the Carlsbad Municipal Code.
(78.B.) Geo-technical Caution:
(78.B.1.) The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and
indemnify the City of Carlsbad from any action that may arise
through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or
adjacent to,.this subdivision due to its construction, operation
or maintenance.
(78.C.1) No structure, fence, wall, sign, or other object over 30 inches above
the street level shall be placed or permitted to encroach within the
area identified as a sight distance corridor in accordance with City
Standards and the tentative map. The underlying property owner,
or homeowner's association shall maintain this condition.
(78.C.2) Mature vegetation within the site line area of all intersections
shall be no greater than 30" in height or have a canopy no less
than 8' in height.
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 off-site siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
Special Eng/'neer/'ng Conditions:
1. Final map phasing lines shall be added to the conforming mylar tentative map.
Final map phases shall be labeled as units. All units shall be consecutively
numbered.
2. Sewer clean-outs and water valves shall be shown on the conforming mylar site
development plan. These items can be shown either on individual lots, or on a
typical plan view. Sewer clean-outs and water valves shall not be shown within
driveways.
3. A minimum of 330' of Corner Sight Distance shall be shown on the conforming
mylar tentative map and final landscape plans for all streets that intersect Frost
Street. A minimum of 660' of Corner Sight Distance shall be shown on the
conforming mylar tentative map and final landscape plans at the intersection of
Frost Street with Cannon Road.
4. The PCC overflow ditches being shown on the tentative map at "A, CC, D and G"
Streets shall be revised to indicate vegetated swales on the conforming mylar
tentative map and final landscape plans.
5. The Zone 8 Local Facilities Management Plan Amendment shall be approved.
6. A drainage cross-section detail indicating that a 5' minimum width shall be held
from the face of any structure to the face of any retaining wall; and, a 3ft.
minimum width shall be held from the face of any structure to the flow line,
regardless of the height of the proposed wall, shall be shown on the conforming
mylar site development plan.
7. The following note shall be added to the conforming mylar site development plan:
"Retaining walls which are added shall be located a minimum of 5' away from any
structure. This 5' distance shall be measured from the face of the retaining wall to
the face of any structure. A minimum of 3' shall be held from the face of any
structure to the flow line. These requirements shall apply regardless of the height
of any proposed retaining wall and shall be approved by the City Engineer, prior
to building permit issuance."
November 21, 1997
TO: ASSOCIATE PLANNER, CHRISTER WESTMAN
FROM: Principal Civil Engineer, Land Development Section
DRAFT ENGINEERING CONDITIONS FOR CT 96-07
The following is a list of Engineering Conditions of Approval for Kelly Ranch, Village "E":
1. 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.
2. There shall be one final subdivision map recorded for this project.
3. 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.
4. The developer shall provide an acceptable means for maintaining the private easements
within the subdivision and all the private: streets, sidewalks, street lights, storm drain
facilities and sewer facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
subdivision. Adequate provision for such maintenance shall be included with the
CC&Rs subject to the approval of the City Engineer.
5. 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.
6. 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.
7. 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.
November 21, 1997
DRAFT ENGINEERING CONDITIONS FOR CT 96-07
Page 2
8. 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."
9. Prior to issuance of a building permit for any buildable lot within the subdivision, the
property owner shall pay a one-time special development tax in accordance with City
Council Resolution No. 91-39.
10. The developer shall pay all current fees and deposits required.
11. The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
12. The owner shall execute a hold harmless agreement for geologic failure.
13. 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.
14. This project is within the proposed boundary of the Cannon Road West Bridge and
Thoroughfare Fee District. This project is required to pay a fair share contribution
towards the construction of Cannon Road in accordance with the proposed fee program.
If the fee district has not been formed prior to issuance of building permits for the
project, the owner shall pay an estimated fee of $73.00 per Average Daily Trip
generated by the project and shall enter into an agreement with the City not to oppose
the formation of a fee district and to pay the projects fair share contribution towards the
construction of Cannon Road in accordance with the future adopted fee program.
15. 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.)
16. 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.
November 21, 1997
DRAFT ENGINEERING CONDITIONS FOR CT 96-07
PageS
17. Upon completion of grading, the developer shall ensure that an "as-graded" geologic
plan is submitted to the City Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective measures as actually
constructed and must be based on a contour map which represents both the pre and
post site grading. This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar
drafting film and shall become a permanent record.
18. 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.
19. The developer shall install or agree to install and secure with appropriate security as
provided by law desiltation/detention/urban pollutant basin(s) of a type and a size and at
location(s) as approved by the City Engineer. The developer shall enter into a basin
maintenance agreement and submit a maintenance bond satisfactory to the City
Engineer prior to the approval of grading, building permit or final map whichever occurs
first for this project. Each basin shall be serviced by an all-weather access/maintenance
road.
20. Additional drainage easements may be required. Drainage structures shall be provided
or installed prior to or concurrent with any grading or building permit as may be required
by the City Engineer.
21. 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.
22. Prior to issuance of building permits, the developer shall underground all existing
overhead utilities within the subdivision boundary.
23. Direct access rights for the project frontage with Cannon Road shall be waived by
separate deed docufflefrt prior to building permit issuance.C.kJlTllfie>*T£ 0*> fjfK /sirtju. *IA?
24. The drainage system shall be designed to ensure that runoff resulting from 10-year
frequency storms of 6 hours and 24 hours duration under developed conditions, are
equal to or less than the runoff from a storm of the same frequency and duration under
existing developed conditions. Both 6 hour and 24 hour storm durations shall be
analyzed to determine the detention basin capacities necessary to accomplish the
desired results.
November 21,1997
DRAFT ENGINEERING CONDITIONS FOR CT 96-07
Page 4
25. 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.
26. 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:
A traffic actuated traffic control signal at the intersection of Cannon Road and
El Camino Real/bonding for the design and construction of a traffic actuated
traffic control signal at Cannon Road and Frost Street.
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.
27. This subdivision contains a remainder parcel. No building permit shall be issued for the
remainder parcel until it is further subdivided pursuant to the provisions of Title 20 of the
Carlsbad Municipal Code.
November 21,1997
DRAFT ENGINEERING CONDITIONS FOR CT 96-07
Page 5
28. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
29. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permited 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:
30. 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.
ROBERT J. WOJCIK, P.E.
Principal Civil Engineer
RJW:jb
MEMORANDUM
July 15, 1997
TO: ASSOCIATE PLANNER - CHRISTER WESTMAN
From: Associate Engineer - Michael J. Shirey
CT 96-07, CDP 96-13, HDP 96-13, PUD 97-04: KELLY RANCH VILLAGE "E"
SECOND ENGINEERING ISSUES REVIEW
Engineering Department staff have completed a second review of the above-referenced project
for engineering issues of concern. Prior to staff making a determination on the project, the
following engineering issues must be adequately resolved/addressed:
Traffic and Circulation:
1. Please indicate the percent gradient through the proposed intersections of "F, G &
H" Streets. Provide street centerline profiles for any street on the tentative map
(TM) that has a gradient of 7% or greater, including the connection to Frost Street at
Evans Point. Show centerline profiles on 24" x 36" "D" sheets, and include them as
sheets of the TM. (The 11" x 17" profiles which were submitted are illegible and
unacceptable.)
2. As previously requested, is a recreation vehicle (RV) lot being proposed for this
subdivision. If so, where is it located? Also, indicate a preliminary functional design
of any proposed RV lot (at a scale of 1"=40'). Additionally, any proposed RV lot
must be located within the proposed Village "E" subdivision boundary.
3. As previously requested, how is the applicant going to meet their inclusionary
housing requirements? If second dwelling units (D/U's) are proposed, the location of
the second D/U's must be shown on the TM. The trip generation must also be
included in the total Average Daily Traffic (ADT) for the project, and, be indicated on
the TM cover sheet. Additionally, any increase in the ADT must be reflected in the
Local Facilities Management Plan (LFMP) Zone 8 update.
4. The traffic analysis, conducted by Urban System Associates (USA), which was
submitted for this proposed project, indicates a decrease in traffic over what was
indicated in the Zone 8 LFMP. However, there were some discrepancies in the USA
analysis with what is indicated in the Zone 8 LFMP traffic report. The LFMP indicates
that 176 D/U's could be constructed on this site, not 215 as is indicated in the USA
analysis. However, as indicated above, the current Village "E" total ADT is still less
than what is indicated in the LFMP. As previously requested, site specific traffic
analysis, also by a qualified traffic engineer, must be conducted. A traffic signal
warrant analysis must be conducted at the proposed Cannon Road/Frost Street
intersection. Again, any traffic analysis which is conducted for this proposed project,
must be included in the LFMP update for Zone 8.
CT 96-07, CDP 96-13, HDP 96-13, PUD 97-04: KELLY RANCH VILLAGE "E"
SECOND ENGINEERING ISSUES REVIEW
C. WESTMAN MEMO; JULY 15,1997
5. Thank you for indicating the intersection sight distance lines on the TM. It seems,
however, that only Stopping Sight Distance was utilized. A minimum of 330' of
Corner Sight Distance must be shown. Please revise the 1" = 100' and 1" = 40'
scale plan sheets. Additionally, please indicate the Corner Sight Distance at the
proposed Frost Street/IB" Street intersection, towards Cannon Road; and, indicate
the Frost Street/'B" Street intersection Corner Sight Distance on the Landscape
pjans also.
6. In accordance with City Standards, the top of the "flare" of any driveway must be
located a minimum of 3' away from the property line. The following lots must be
revised: 7, 18, 22, 39, 40, 42, 46, 80, 82, 90, 103, 105, 106, 108, 123, 136, 137 &
138.
7. The proposed cul-de-sacs do not meet City Standards (GS-3/GS-4). Revise the TM
as necessary.
8. Has any thought been given to having pedestrian access to Cannon Road from the
end of the cul-de-sacs at "A" and "CC" Streets?
9. Since Frost Street will be carrying the traffic of a Collector Street, please increase
the intersection spacing of Frost Street to Cannon Road to a minimum of 300'.
10. Please show a street light standard at the BC of the curb return, on "B" Street at Lot
No. 45. Add a street light standard on the southerly side of "A" Street, at
approximately Lot No. 28. Relocate the proposed street light standard on "G" Street
from the northerly side of the street to the southerly side of the street, at
approximately Lot No. 62.
11. Indicate a cross-section of the proposed Cannon Road bridge, across the
channel/creek at El Camino Real (ECR), on the cover sheet of the TM.
Sewer
1. Please label the proposed sewer/water/drainage easements as public.
2. Documentation must be provided from the Carlsbad Municipal Water District
(CMWD), District Engineer, stating that a temporary sewer line can be utilized to flow
to the north in Cannon Road, to tie into the existing 21" VCP sewer line which is
located south of ECR.
3. In accordance with Item No. 2 above, if CMWD permits this temporary sewer design,
the gradient of the proposed pipe, within Cannon Road, must be increased to a
minimum fall of .5%.
4. The sewer section of the Zone 8 LFMP must be updated, indicating revised dates for
ultimate sewer facility construction and financing.
5. As part of this TM, please show the ultimate sewer facilities to the south, including
any pumping facilities.
CT 96-07, CDP 96-13, HDP 96-13, PUD 97-04: KELLY RANCH VILLAGE "E"
SECOND ENGINEERING ISSUES REVIEW
C. WESTMAN MEMO; JULY 15, 1997
Drainage:
1. The TM cover sheet indicates typical lot drainage in accordance with City Standard
GS-15, which shows a 5' minimum setback to the flow line from any proposed
structure. Numerous Planned Unit Development (PUD) building/dwelling unit
envelopes indicate, however, a 5' setback to the property line, which will not facilitate
meeting the GS-15 standard's requirement (e.g., see Lot No.'s 9 & 10). Please
revise as necessary. If retaining walls will be required to meet the standard, then
this must be shown at this stage of project processing. Any proposed retaining walls
must be shown in plan view on the TM, and the GS-15 detail, and, must still meet
the 5' requirement from the face of any structure to the flow line.
2. Is the proposed de-silting basin at Lot No. 17 capable of handling developed
conditions?
3. How is the proposed de-silting basin supposed to function? Provide inlet elevations
and/or storm drain profiles, which indicate that the basin will operate. As is currently
being shown, it seems that the storm drain actually by-passes the basin.
4. Sump conditions exist at the end of proposed cul-de-sac street's "A", "CC", "D" and
"G". Please indicate overflow mitigation systems (i.e., graded vegetated swales,
secondary storm drain facility, etc.).
Soils and Grading:
1. Please revise Soils Report, Section VIII, "Grading Recommendations and
Specifications," to specifically include a discussion of how the landslide areas may
affect the buildable portion of the various lots, within those landslide areas. For
example, do "no build" zone setbacks/easements need to be established within the
landslide areas for structures, pools, patios, decks, etc.? Please be advised, this is
a major staff issue of concern and must be addressed.
2. Are there any existing or required slope easements for the southerly side of Cannon
Road that would impact the placement of lots, D/U's, and setbacks?
Land Title and Mapping:
1. The Grant Deed of Easement for Cannon Road and El Camino Real, along the
Master Plan frontage, (in accordance with PR 3.40.271) indicates a mirror image of
the dedication at El Camino Real (ECR). Was the right of way/curb radius on the
north side of ECR previously not dedicated and is now being dedicated?
2. Thank you for adding the other application designations to the TM cover sheet. The
PUD has now been given a number. Therefore, please add PUD 97-04 to the cover
sheet also.
CT 96-07, CDP 96-13, HDP 96-13, PUD 97-04: KELLY RANCH VILLAGE "E"
SECOND ENGINEERING ISSUES REVIEW
C. WESTMAN MEMO; JULY 15,1997
3. It was indicated in the 11" x 17" re-submittal sheet that 1 YtA slopes will not be
utilized. However, General Note No. 6 on the TM cover sheet still discusses 1 VzA
slopes. Again, if 1 VtA slopes are going to be used, then submit documentation
from a registered soils engineer that 11/2:1 slopes are an acceptable side yard lot
design. If they are not going to be used, then delete any reference to them from the
TM.
4. Minimum lot frontage on a cul-de-sac is 25'. Therefore, please revise Lot No.'s 103,
104 and 138.
5. All lot lines at the end of proposed cul-de-sacs must meet the right of way line
perpendicularly (at an angle of 90°).
6. On the cover sheet of the TM, please label the "Not a Part" area of the property as a
"Remainder Parcel." Indicate this on the 3" x 4 V* property boundary detail, and, on
the 1" = 100' scale map. On the 1" = 100' scale map, indicate the remainder parcel
below the southerly subdivision boundary line (in the topography area).
Miscellaneous:
1. As was indicated in a correspondence to Curt Noland, dated: May 5, 1997, a letter
was previously forwarded to Larry Clemens on January 9, 1997, as an addendum to
the City's December 18, 1996, "Completeness" letter for the Kelly Ranch Minor
Subdivision (MS 96-10), indicating that the Zone 8 LFMP must be updated as part of
development applications for Kelly Ranch. As indicated in the January 9, 1997,
correspondence, staff still has serious concern over this issue. Please be advised,
an LFMP Amendment for Zone 8 must be processed. Therefore, please submit the
Zone 8 LFMP amendment and all required supporting documents, analysis and
studies.
2. Use match lines, and include the 1" = 40' scale sheets as part of the TM plan set
(on 24" x 36" "D" sheets).
3. Attached are red-lined check prints (1" = 100', and 1" = 40' scales) of the project
for the applicant's use in making the requested revisions. These check prints
must be returned with the project revisions to facilitate continued staff
review.
If you or the applicant have any questions, please either see or contact me at extension 4388.
MICHAbb^y^srimcT " -^
Associate Engi?ieeT=H=afld Dev&lepment
Attachment
c: Principal Civil Engineer- Land Development
CITY OF CARLSBAD
Inter-office Correspondence
PLANNING DEPARTMENT/SENIOR MANAGEMENT ANALYST
*Engineering Department
SUBJECT: Review of FINAL/PARCEL MAP
Project \D( 7 tfk) ~ 0\FM/PM 0 /" -3 Plancheck No.
Attached is one Final/Parcel Map. Please review and return your comments to the
Engineering Plancheck Division, artention^fc^ r\(OQ(JfT5 )
within one week.
Thank you for your cooperation.
^^r ^j^o
SIGNATURE DAI
STATE OF CALIFORNIA — THE RESOURCES AGENC"PETE WILSON, Governor
DEPARTMENT OF FISH AND GAME
4949 VIEWRIDGE OR.
SAN DIEGO, CA 92123
(619) 467-4212
July 7, 1997
Mr. Christer Westman
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Draft Mitigated Negative Declaration for Kelly Ranch Village "E"
CT 96-07/CDP 96-13/HDP 96-13/PTJD 97-04
Dear Mr. Westman:
The California Department of Fish and Game's (DFG) Natural Community Conservation
Planning (NCCP) staff has completed its review of the Draft Mitigated Negative Declaration
(DMND) for the Kelly Ranch Village "E" project and offers the following comments. The Village
"E" project is part of a larger Master Plan for the Kelly Ranch property south of Aqua Hedionda
Creek. The project also includes a portion of proposed Reach 2 of Cannon Road. The project
site is located immediately southwest of the junction of El Camino Real and Aqua Hedionda
Creek.
Kelly Ranch Village "E" encompasses 28 acres, and proposes development of 142 single-
family residential homes, in addition to a portion of Cannon Road. Road construction would also
entail construction of a bridge across Aqua Hedionda Creek immediately west of El Camino Real.
Much of the site was previously disturbed due to agricultural activities, and initial grading
for a past project proposal. Past grading included establishment of the right-of-way for Cannon
Road. Despite past disturbance, native habitats are still present on portions of the site. The
DMND does not indicate the acreage of each habitat type currently on-site, although a biology
report from 1983 lists the habitats present as chaparral, riparian woodland, disturbed, fallow
fields, irrigated pasture, and cultivated. The site currently supports chaparral, coastal sage scrub,
disturbed coastal sage scrub, baccharis scrub, non-native grassland, southern willow scrub,-,
disturbed riparian scrub, open water, and disturbed habitat. With the exception of the Cannon
Road-Reaches 1 and 2 right-of-way, there does not appear to be any up-to-date biological
information on the property, including the presence of sensitive or listed species. Because of the
past disturbances on the property, the upland portion of Village "E" is not expected to directly
contribute to building the City's Habitat Management Plan (HMP) multi-habitat preserve system.
However, the riparian woodland north of the Cannon Road alignment is considered significant for
Mr. Christer Westman
July?, 1997
Page Two
its habitat resources and as a wildlife corridor.
The Village "E" project would impact 0.16 acres of southern willow scrub, 0.14 acres of
open water, 0.13 acres of disturbed riparian scrub, 1.41 acres of coastal sage scrub, 0.51 acres of
disturbed coastal sage scrub, 0.14 acres of baccharis scrub, and 9.66 acres of disturbed habitat.
Although there would be impacts to chaparral habitat from project development, those areas
impacted would be isolated small islands that are the "left-overs" of past disturbance. As such,
the DMND did not consider these areas significant, did not quantify impacts, and did not deem
mitigation necessary. Mitigation for significant biological impacts are not specifically outlined,
but are proposed for resolution under either the 4(d) Rule or Section 7 processes.
The DFG has the following comments and recommendations:
1. The DFG is concerned that the property owner and the City are relying upon
biological information that is 14 years old. After our staffs visit to the site, it is
clear that current conditions are not well reflected by the old biological report. In
addition, no recent sensitive species surveys appear to have been conducted on the
Village "E" property. We have reviewed recent biological surveys that were
conducted for the Cannon Road Reaches 1 and 2 project. These surveys revealed
the presence of the federally-threatened California gnatcatcher, utilizing not only
coastal sage scrub but also chaparral habitats within the right-of-way. Because this
project would impact a relatively small amount of coastal sage scrub habitat, the
knowledge gained from the City's Cannon Road biological surveys, and our
proposal (below) to require mitigation for impacts to chaparral habitat, the DFG
will not request new biological surveys be done. However, for future projects the
City should require current biological survey information to be provided as part of
the project review process.
2. The DFG recently submitted a comment letter on the City of Carlsbad's proposed
take of coastal sage scrub habitat for construction of Cannon Road Reaches 1 and
2 through the NCCP/4(d) Rule process (Letter is dated March 12, 1997, written to
Don Rideout at the City of Carlsbad, and signed by Bill Tippets). The impacts and
mitigation proposed for that project encompasses the portion of Cannon Road
included within the proposed Village "E" development. It is our understanding
that the mitigation requirements associated with the development of Cannon Road
on Village "E" will be the responsibility of the entity that proceeds with
development first, either the City or the Village "E" property owner. Our goal is
to assure that the mitigation proposed for the Village "E" project is consistent with
that agreed to for the City's Cannon Road Reaches 1 and 2 development proposal.
The City's original mitigation proposal for impacts to coastal sage scrub and the
Mr. Christer Westman
July 7, 1997
Page Three
California gnatcatcher from Cannon Road development was judged by us to be
inadequate. In our March 12, 1997 comment letter we outlined the level of
mitigation we believed appropriate to be consistent with the NCCP Conservation
Guidelines and the 4(d) Rule. The DFG has received a letter from Ms. Sherri
Howard of the Engineering Department of the City of Carlsbad (dated June 23,
1997) agreeing to abide by our mitigation recommendations for Cannon Road
Reaches 1 and 2. Based upon our comment letter and the City's response, we
believe the following mitigation requirements should apply to Kelly Ranch Village
"E:" 1) mitigation for impacts to coastal sage scrub and baccharis scrub (a total of
1.55 acres) should be mitigated at a ratio of 2:1, based upon documented or likely
California gnatcatcher use; and 2) disturbed sage scrub (0.51 acres) should be
mitigated at a 1:1 ratio. This would yield a total coastal sage scrub mitigation
obligation of 3.61 acres.
The biologist utilized by the City for evaluating biological resources along the
Cannon Road Reaches 1 and 2 right-of-way indicates that the chaparral to be
impacted by the roadway is southern maritime chaparral, a very rare and sensitive
habitat type (attachment to letter sent from Ms. Sherri Howard, City of Carlsbad-
Engineering Dept, to Mr. Gail Kobetich at the U.S. Fish and Wildlife Service,
dated June 23, 1997). The City agreed to mitigate this habitat type at a ratio of
2:1 for Cannon Road, and we believe that a similar mitigation requirement should
be applied to Village "E." The Final Mitigated Negative Declaration must quantify
southern maritime chaparral impacts on Village "E" and mitigate at a 2:1 ratio.
3. The DMND correctly states that this project will require a DFG Streambed
Alteration Agreement (1603) to impact wetland habitat during Cannon Road
construction. Impacts to 0.43 acres of wetland habitats must meet the no-net-loss
of habitat function and value policy of the State. This will likely require that
equivalent or higher quality wetland habitat will need to be created or enhanced to
adequately mitigate impacts. The final wetlands mitigation requirements will be
developed during the Streambed Alteration Agreement process.
4. The DFG will need to concur with the final location(s) and plans proposed by the
property owner to meet the mitigation obligations of the project. It appears that
on-site mitigation for impacts to coastal sage scrub and southern maritime
chaparral will not be feasible, therefore off-site locations with comparable habitat
values will need to be acquired. Utilizing appropriate DFG-approved conservation
banks within the region would be acceptable.
5. Impacts to coastal sage scrub and chaparral habitats should be avoided during the
California gnatcatcher breeding season (February 15 to August 31).
Mr. Christer Westman
July 7, 1997
Page Four
6. The DFG concurs with the other mitigation requirement listed under "Direct
Impacts..." and "Indirect Impacts from Cannon Road" in the DMND.
This concludes our comments on the Proposed Kelly Ranch Village "E" DMND. The
DFG believes that if the above-listed comments and concerns are addressed that this project
would be consistent with the NCCP Conservation Guidelines and the 4(d) Rule. As such, it
would be eligible for a City Habitat Loss Permit for take of coastal sage scrub and the California
gnatcatcher. If you have any questions please contact David Lawhead at (619) 467-4211.
Sincerely,
William E. Tippets
NCCP Field Supervisor
cc: Department of Fish and Game
Mr. Ron Rempel
Sacramento
Ms. Patty Wolf
Mr. John Anderson
Long Beach
Mr. David Lawhead
Mr. Tim Dillingham
San Diego
U.S. Fish and Wildlife Service
Mr. Gail Kobetich
Carlsbad Field Office
FILE: Chron
KELLY-E.DNL
LAWHEAD/TIPPETS
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
Carlsbad Field Office
2730 Loker Avenue West
Carlsbad, California 92008
July 7, 1997
Christer Westman
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009-1576
Re: Mitigated Negative Declaration for Kelly Ranch Village "E", City of Carlsbad
Dear Mr. Westman:
The U.S. Fish and Wildlife Service (Service) has reviewed the Mitigated Negative Declaration for
Kelly Ranch Village "E" in the City of Carlsbad, dated June 13, 1997, and received June 17,
1997. In response, we provide the following comments.
The Mitigated Negative Declaration indicates that the project site currently supports chaparral,
coastal sage scrub, non-native grassland, southern willow scrub, disturbed riparian scrub, open
water, and disturbed habitat. Much of the site was previously disturbed by agricultural activities
and grading for Cannon Road. The proposed project involves development of 142 residential
units on 28 acres, and construction of a portion of Cannon Road including a bridge across Agua
Hedionda Creek at the crossing with El Camino Real. The project would impact 0.16 acres of
southern willow scrub, 0.14 acres of open water, 0.13 acres of disturbed riparian scrub, 2.06 acres
of coastal sage scrub (including 0.14 acres of baccharis scrub), 9.66 acres of disturbed land, and
an unqualified amount of chaparral.
The City of Carlsbad is currently processing the Cannon Road project (Reaches 1 and 2) for a
Habitat Loss Permit (HLP) in accordance with the special 4(d) rule for the federally threatened
California gnatcatcher. The Cannon Road HLP would allow for the impacts to coastal sage scrub
and chaparral occupied by the gnatcatcher, as identified in the Mitigated Negative Declaration for
the subject project. In a letter dated March 12, 1997, the Service commented on the City's
proposal to issue HLPs for Cannon Road Reaches 1 and 2. Comments from our March 12 letter
included:
1. All impacts to coastal sage scrub, including that identified as "disturbed" and
"Baccharis scrub", should be mitigated at a 2:1 ratio.
Mr. Westman 2
2. All impacts to chaparral should be mitigated at a 2:1 ratio.
3. Grading or brushing should be restricted to a period outside the California
gnatcatcher breeding season (February 15 to August 15).
4. Before an HLP is issued, information should be provided to the Service regarding
presence or absence of federally listed species including Del Mar manzanita
(Arctostaphylos glandulosa var. crassifolid), Encinitas baccharis (Baccharis
vanessae), and Orcutt's spineflower (Chorizanthe orcuttiand).
The City responded to our comments in a letter dated June 23,1997, accepting the Service's
proposed mitigation ratios for Cannon R.oad impacts to coastal sage scrub arid chaparral, and
agreeing to the clearing and grubbing restriction. The June 23 letter states that although the
chaparral within the Cannon Road right-of-way was identified as southern maritime chaparral in
a 1989 Environmental Impact Report, no Del Mar manzanita, Encinitas baccharis or Orcutt's
spineflower was identified on-site.
The Mitigated Negative Declaration states that the loss of chaparral resulting from the subject
project would not be significant because this vegetation on-site consists of isolated pockets
separated by graded areas. The amount of chaparral that would be lost is not quantified in the
document. Although the document states that this vegetation is largely mixed chaparral, this
habitat designation is based on information provided in an old Environmental Impact Report for
Kelly Ranch, which is dated 1983. Southern maritime chaparral is a rare vegetation type that
occurs in the project vicinity and was not widely recognized in 1983, therefore would not likely
have been identified on the project site if present at that time. The chaparral within the right-of-
way for the proposed Cannon Road was identified as southern maritime chaparral in a more
recent biological resource report (1996), therefore the Service will assume that the additional
chaparral on-site is southern maritime chaparral unless information is provided which
demonstrates otherwise. Any impacts to this rare vegetation community would be considered
significant and should be avoided to the extent practicable. The Service needs more information
to determine whether surveys on the subject site were adequate for detecting federally listed plant
species including Del Mar manzanita, Encinitas baccharis, and Orcutt's spineflower. If no listed
plant species are present within the chaparral on-site, the Service believes impacts to the isolated
pockets of vegetation would be adequately mitigated off-site at a 2:1 ratio, consistent with the
proposal to mitigate impacts to gnatcatcher-occupied chaparral within the Cannon Road right-of-
way.
Impacts to wetlands resulting from construction of Cannon Road Reach 2 are currently being
addressed through a permitting process pursuant to section 404 of the Clean Water Act, and
impacts to federally listed species that occupy or potentially occupy the wetland habitat are being
addressed through a formal consultation process between the Service and the Army Corps of
Engineers pursuant to section 7 of the Endangered Species Act. In the June 23,1997 letter, the
City agreed to incorporate conditions into the Cannon Road HLPs that would allow habitat loss
Mr. Westman 3
to occur only after the completion of this section 7 consultation.
Our comments in response to the Mitigated Negative Declaration for Kelly Ranch Village "E"
are summarized as follows:
1. Impacts to all coastal sage scrub, and to other habitat that is occupied by the
California gnatcatcher (including chaparral), should be mitigated at a 2:1 ratio in
an area acceptable to the Service. Carlsbad Highlands would be an acceptable
mitigation site for impacts to coastal sage scrub and other gnatcatcher habitat
resulting from this project.
2. All impacts to the isolated pockets of southern maritime chaparral that do not
support listed plant species should be mitigated at a 2:1 ratio. Information should
be provided to the Service regarding the adequacy of surveys for detecting
federally listed plant species in the chaparral. If adequate surveys have not been
performed for these species, they should be initiated, and if federally listed species
are present on-site, the Service should be contacted to determine adequate
measures to avoid, minimize and mitigate impacts to these species.
3. Grading or brushing should be restricted to a period outside the California
gnatcatcher breeding season (February 15 to August 15).
4. All coastal sage scrub impacts and mitigation resulting from construction of
Cannon Road Reaches I and II should be in accordance with the conditions of
Habitat Loss Permits issued by the City and concurred with by the Service.
5. All wetland impacts should be consistent with the final Biological Opinion and
Corps of Engineers permit for Cannon Road Reaches I and II.
Thank you for the opportunity to review the Mitigated Negative Declaration for Kelly Ranch
Village "E". If you have any questions or comments, please contact Ellen Berryman of my staff
at (760) 431-9440.
Sincerely.
ibetich
Field Office Supervisor
cc: Bill Tippets, CDFG
#l-6-97-HC- 238
PLANNING
SYSTEMS
LAND USE / COASTAL PLANNING
LANDSCAPE ARCHITECTURE
POLICY AND PROCESSING
ENVIRONMENTAL MITIGATION
Mr. Christer Westman
City of Carlsbad Planning Department
2075 Las Palmas Drive
Carlsbad, California 92002-1576
RE: Kelly Ranch Area E
Biological Resources Affected by Proposed Development
Mr. Westman,
Planning Systems has surveyed biological conditions on Kelly ranch twice in recent
years. In June, 1995, we provided Hillman Properties an inventory of plant
communities occurring on Kelly Ranch Area E. In 1997, we provided Kelly Land
Company an inventory of plant communities for all portions of Kelly Ranch.
excluding Area E.
Area E development as presently proposed, includes the construction of a
desiltation. basin that occurs west and outside of the parcel line, adjacent to the
Cannon road R.O.W. The desiltation basin is proposed for an area largely inhabited
by ruderal (non-native) species. However, a small quantity of Disturbed coastal sage
scrub (DCSS), and Perennial grassland (PG), occur within the area to be graded for
the desiltation basin. Our mapping indicates that approximately 0.29 acre of
Disturbed coastal sage scrub, and approximately 0.04 acre of Perennial grassland will
be impacted by basin construction in its present configuration.
As you know, a 4d permit is required by the City of Carlsbad as a condition of
approval of the proposed plan. During this process, the California Department of
Fish and Game and the U.S. Fish and Wildlife Service will review the project as
proposed, and determine adequate mitigation measures for air proposed "take" of
sensitive biological resources. To our knowledge, the subject DCSS and PG support
no threatened or endangered animal or plant species. We anticipate that a
mitigation agreement can readily be reached with resource agencies regarding
impacts to these relatively common native plant communities.
Sincerely,
Greg Evans
Landscape Architect, LA #3900
2111 PALOMAR AIRPORT ROAD • SUITE 100 • CARLSBAD, CA 92009 • (760)931-0780 • FAX (760) 931-5744
*SheaHomes*
San Diego, Inc.
June 15, 1998
Mr. Christer Westman
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Re: Kelly Ranch - Village "E"
Dear Christer:
We have retained Tom Demere from the San Diego Natural History Museum to perform the
paleontological services during the grading at Kelly Ranch - Village "E." In conformance with
the Conditions of Approval (Condition 20.a) for this project, Mr. Demere has performed a
walkover survey and has reviewed the grading plans. Attached for your review is his
paleontologist's report dated June 10, 1998.
If you have any questions, please call me at (619) 549-3156.
Sincerely,
Russ Haley /
Project Manager
RH/ra
Attachment
cc: Marina Wurst (w/Attachment)
P:\group\land\winword\kelly-E\ChristerWestman2-ltr.doc
10721 Treena Street, Suite 200, San Diego, California 92131, tel: 619-549-3156 fax: 619-549-0112
r
San Diego Natural History Museum
Balboa Park • San Diesjo Society of Natural History • Established 1S74iimwi^
10 June 1998
Mr. Russ Haley o.;. ji \J)
Shea Homes San Diego, Inc.
10721 Treena Street, Suite 200
San Diego, CA 92131-1039
RE: Paleontological Resources - Kelly Ranch, Village E
Dear Russ:
This letter is a summary of my findings concerning the paleontological resource
potential of the above referenced project. It is based on a field walkover conducted on 9
June 1998 and a review of the geotechnical report prepared by Pacific Soils (1997).
Vegetation covers much of the site and consequently there are limited exposures
of bedrock. Previous earthwork in the southeastern corner of the site has left an eroded
cut slope that exposes bedrock here. The geotechnical report (based on extensive
trenching and borehole investigations) provides a good summary of the site geology. The
site is geologically complex and as mapped by Mr. Dave Murphy of Pacific Soils consists
of at least two large-scale, ancient landslides that have moved towards the northwest and
northeast, respectively. The headscarp for these landslides is located along the southern
portion of the site and exposes sedimentary rocks of the Santiago Formation (to the east)
and "Bay Point Formation" (to the west). Extensive gully erosion in the center of the site
provides thick exposures of disturbed landslide materials, consisting of both the Santiago
Formation and the "Bay Point Formation." The only fossils observed during the field
walkover were trace fossils (bur/ows) produced by some type of invertebrate organism.
No body fossils (e.g., shells, bones, teeth, etc.) were seen.
Although no significant paleontological resources were actually observed during
the field walkover, the fact that the Santiago Formation and "Bay Point Formation" occur
on the site suggests a strong potential for their discovery during grading. The Santiago
Formation is middle. Eocene in age (approximately 42 to 45 million years old) and has
produced well-preserved fossil remains of ancient land mammals from other sites in
Carlsbad including sites on the west side of Evan's Point and sites in Laguna Riviera.
The "Bay Point Formation" is late Pleistocene in age (approximately 120,000 to 300,000
years old) and has produced well-preserved fossil remains of estuarine molluscs and
crustaceans. These discoveries indicate the paleontological resource sensitivity of these
rock units and underscore the need for implementation of a paleontological resource
mitigation program during grading of the project site. Such a program should include
Post Office Box I .WO • S.iii Diesio. California 921 \2 • Telephone: ()]')-232-3S21 • F:ix: o 19-232-1I24K • Website: hup://\v\vw.sdnlirn.ori:
^' Ai'crcJitcd bv the AmcrkMU Assoa:itiim ot Museums
excavation monitoring, fossil salvage, fossil preparation, fossil curation, and summary
reporting.
If you have any questions concerning my findings, please feel free to contact me.
Sincerely,
A
A
Thomas A. Demere, Ph.D.
Director, Department of Paleontological Services
Curator, Department of Paleontology
CITY OF CARLSBAD
Inter-office Correspondence
DATE;
TO:
FROM:
PLANNING DEPARTMENT/SENIOR MANAGEMENT ANALYST
Engineering Department
SUBJECT: Request for comments to GRADING PLAN for Hillside DevelopmentOrdinance
Project ID 071 9 10 "0 /
Project Planner
Plancheck
Attached is a copy of the Grading Plan. Please review-arjd return your comments to
the Engineering Plancheck Division, attention
> review and
Failure to respond to this request by (*& f *~7 /C?Q will be interpreted
to mean that the proposed project has your endorsement as submitted (no fee;
•K^ "•
deposits, or specific conditions will be required).
Reply:
\)
on
"PUUJSX?
SICNATURE DATE
May 27, 1998
KELLY KANCH
Mr. Marty Orenyak
Director of Community Development
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009
Re: Kelly Ranch - Village "E'VCannon Road Schedule
Dear Marty:
As you know, Kelly Land Company and Shea Homes are working diligently to
record the final subdivision map for Kelly Ranch Village "E". Our primary focus is
to accomplish the recordation in late July or early August so as to provide
sufficient time to provide project grading and to begin the construction of Cannon
Road. Of particular construction scheduling concern, is the narrow coastal
grading window and the restrictions that apply as a result of certain endangered
species in the area.
When the Village "E" Tentative Map was approved by City Council, there were
certain conditions of approval that were required before the approval of the
record map. Among the most notable requirements were:
• An approved Affordable Housing Agreement
• An approved LFMP
• An approved 4(d) permit
Following is the status of each:
Affordable Housing Agreement
City staff has reviewed the Security Capital Site Development Plan and visited a
Security Capital project in Orange County. Security is now revising their SDP
package to include architectural and site plan revisions. The revisions will be
available for staff review by the week of June 8. In meeting recently with Jane
Mobaldi and Debbie Fountain, we spent considerable time discussing the
release of market rate units and security devices for the Village "E" affordable
component. It is our intent to have our Market Rate Release Request, which if
approved will be folded into the Affordable Housing Agreement, to Debbie
Mr. Marty Orenyak
May 27, 1998
Page Two
Fountain the week of May 25. I understand that the Housing Policy Committee
will meet June 8, 1998 to consider our requests.
At this time, we are planning to be on the July 9, 1998 Housing Commission
agenda; and subsequently scheduled for the July 21 City Council meeting (with
the Village "E" record map to be scheduled for the July 28 City Council meeting).
With staffs cooperation, this schedule is attainable but will require (a) a fairly
immediate review of the SDP for staffs concurrence that it is a project that meets
the litmus test, and (b) that the Housing Agreement is put into final form for the
Housing Commission's consideration.
LFMP Amendment
In October, 1997, the LFMP Amendment for Kelly Ranch was submitted.
Subsequent to the original submittal, it was agreed by staff that the Village "E"
LFMP could be processed with only the park and sewer element needing to be
amended at this time; with the remainder of the LFMP being processed with the
Kelly Ranch Master Tentative Map. The Village "E" LFMP has been rn process
for some time now and we are told it probably will not be approved for another 6-
8 weeks. Additionally, during the process, just recently we were told that we
needed to submit an up-dated finance plan and that traffic was now being
included. We are complying with staffs requests but feel certain that the record
map and grading will be delayed as a result of the lengthy LFMP Amendment
process.
Permit
The Village "E" 4(d) permit has taken several unexpected turns (and costly time
delays). Originally we were told that it appeared the 4(d) would be scheduled for
May 19. However, recently staff advised they were not going to process the
permit with the resource agencies and asked that Kelly process the permit
(approximately one month was lost). Additionally, we are also now being told
that even after the resource agencies approval of the 4(d) and the City Council
approves the same, we must wait 30 days after City Council's approval before
we can grade. We have not experienced this 30-day "wait" before. Our only
solution would be to modify our grade plan to grade around the 4(d) areas until
the necessary 4(d) approvals and repeal period are accomplished.
Mr. Marty Orenyak
May 27, 1998
Page Three
The Process
Another procedural problem is that the City's consultant plan checkers will not
allow a record map to proceed with having the requisite conditions met (i.e.,
LFMP; affordable housing; 4(d)). It is necessary that at a correct point of time
that the Village "E" final map package be brought back into City staff to allow for
the outstanding conditions to be processed concurrently with the final map to
City Council. Otherwise, as you can see....you can't get there from here.
» j-
Marty, I hope this letter helps clarify the processing burdens that Village "E" is
experiencing, and that you and Lloyd Hubbs can assist in helping the process so
we can meet an extremely constrained construction time window and we will be
able to begin the construction of Cannon Road in August, 1998.
Thank you for your cooperation.
Sincerely,
D'.Tarry "Siemens
Vice President
cc: Lloyd Hubbs
Michael Holzmiller
Debbie Fountain
Christer Westman
Mike Shirey
Bob Wojcik
Dale Greenhalgh
Paul Klukas
Russ Haley
John Luedtke
Kelly\Marty526.klk
Village "E'YCannon Road
Important Dates
June 8 - Housing Policy Committee Meeting
July 9 - Housing Commission Meeting
July 21 - City Council
• Affordable Housing Agreement
• Cannon Road Reimbursement
Agreement
• 4(d) Permit
* >•
July 28 - Final Subdivision Map
August - Start Construction
Sept. 30 - Stop Grading Activity
Note: LFMP Amendment to follow recordation of Final Map
J»
CITY OF CARLSBAD
Inter-office Correspondence
DATE:
TO: PLANNING DEPARTMENT/SENIOR MANAGEMENT ANALYST
FROM: Engineering Department
SUBJECT: Request for comments to GRADING PLAN for Hillside Development
Ordinance
Project ID C /M vgU ' DWG^Q2l2~c--2P Plancheck No.
Project Planner
Attached is a copy of the Grading Plan. Please review and return your comments to
'd/ / /the Engineering Plancheck Division, attention j^j\ H~ _ .
Failure to respond to this request by H~ '"' d~&~~ j/Q _ will be interpreted
to mean that the proposed project has your endorsement as submitted (no fee,
deposits, or specific conditions will be required).
Thank you for your cooperation.
Repy:
SIC
March 18, 1998
TO: BOBBIE HODER
PLANNING DEPARTMENT - GRAPHICS
TRAFFIC ENGINEER
RAENETTE ABBEY, BUILDING DEPARTMENT
STEVE RUGGLES, STATION #6 FIRE DEPARTMENT
GREG CLAVIER, COMMUNITY SERVICES
PAT ZAVALA, POLICE DEPARTMENT
KARL VON SCHLIEDER - GIS
FROM: Planning Director
STREET NAMES FOR CT96-07 - Kelly Ranch - Village E
The following street names have been approved as a part of the final map
processing for CT 96-07. A map delineating street locations is attached.
Private Streets:
Ashberry Road
Auden Place
Ciardi Court
Lynch Court
Hillyer Street
Millay Court
Jeffers Place
Merwin Drive
Attachment
H:\Admin\Streets4
KELLY RANCH
VILLAGE E-CT 96-07
STREET NAMES
SHEA HOMES Pnjmci Dfrign CwuuUants
DA IE: 03/06/98
' — ——— ^\A
L.A. International Airport
CARLSBAD
Palornar Airport
CITY OF Oq&ANSIDE
HIGHWAY
CITY OF VISTA
MEXICO
CITY OFSAN MARCOS
KELiy RANCH VICINITY andWCATLONMAPS
K01.rL4ND COMPANY
DATE:
TO:
FROM:
CITY OF CARLSBAD
Inter-office Correspondence
PLANNING DEPARTMENT/SENIOR MANAGEMENT ANALYST
Engineering Department
SUBJECT: Request for comments to GRADING PLAN for Hillside Development
Ordinance
Project ID C~7 tf.l/. fD DWG
Project Planner
? A Plancheck No.
Attached is a copy of the Grading Plan. Please reviipw and return your comments to
the Engineering Plancheck Division, attention
Failure to respond to this request by <L will be interpreted
to mean that the proposed project has your endorsement as submitted" (no fee,
deposits, or specific conditions will be required). ;
Thank you for your cooperation.
Reply:
j& <$&^%D fefotk
SIGNATURE
CITY OF CARLSBAD
Inter-office Correspondence
DATE:
TO:
FROM:
SUBJECT:
Project ID
PLANNING DEPARTMENT/SENIOR MANAGEMENT ANALYST
Engineering Department
Review of FINAL/PARCEL MAP
Attached is one Final/Parcel Map. Please revu
^Lg
Engineering Plancheck Division, attention L.
within one week.
Plancheck No.7
return your comments to the
Thank you for your cooperation.
--ife^rV^Pir
SIGNATURE DATE/
KELLY RANCH
February 17, 1998
Mr. Lloyd Hubbs
Director of Public Works
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009
Re: Kelly Ranch - Cannon Road
Dear Lloyd:
Thank you for meeting with me and our Kelly Ranch team on February 11, 1998 to
discuss Cannon Road and, specifically, the financing and reimbursement arrangements
for this major element of Carlsbad's circulation system.
We were very surprised at the change in attitude that you represented. It had been our
understanding over the last several months that the Cannon Road effort was to be a
"partnership" between the City and landowners, and a team effort to expedite its
construction. Certainly the completion of Cannon Road would greatly enhance the City's
circulation system surrounding Palomar Airport Road and Lego, while providing the
front door to Kelly Ranch. We both have a real incentives to work together and to fairly
share the proportionate burden that constructing major infrastructure entails. However,
your outline of financing in our recent meeting fell far short of fair and equitable. It is
our understanding that it is your expectation that Kelly Land Company construct Camion
Road with full width improvements, the entire length of our Kelly Ranch frontage.
Though our subdivision obligations will only require two (2) lanes and the median,
thereby leaving the remaining one-half of Cannon Road subject to reimbursement. As we
discussed, you estimate that the amount subject to reimbursement could be as much as $3
- $5 million dollars and you cannot tell us when we can expect to be repaid.
Additionally, the fee per ADT has escalated widely from S73/ADT to $210/ADT (300%)
and has the potential of the landowners who signed agreements with the City early, to
remain at the lesser amount, while the remainder of the participating landowners will
necessarily pay the higher amounts to make up for the short-falls. This is not acceptable
to Kelly Land Company.
Mr. Lloyd Hubbs
February 17, 1998
Page Two
The Hillman organization has already entered into several substantial Reimbursement
Agreements with the City of Carlsbad (i.e., Villa Loma Affordable Housing; Aviara Park
Agreement) where the City has not acted reasonably in discharging the responsibilities of
the agreements. So, given the significance of the Cannon Road expenditures; the lack of
acceptable reimbursement terms, and the unsettling history of Carlsbad's reimbursement
agreements, Kelly Land Company is proposing that the Cannon Road - Kelly Ranch
frontage proceed as follows:
Kelly Land Company will:
• install two lanes and median, curb/gutter and sidewalk (as required) on the project
side of Cannon Road (south side); coincident with adjacent development;
• dedicate full Cannon Road right-of-way upon the recordation of each of the Kelly
Ranch subdivision maps (Village E; Master T.M. Villages D,F,G,H,I,J,K,L);
• install new improvements to El Camino Bridge (at Agua Hedionda Creek) subject
to immediate reimbursement.
City of Carlsbad will:
• install the remainder width of Cannon Road (2 lanes; full length) on their own
schedule;
• use the now available funds to construct the Macario Canyon Bridge;
• Reimburse KLC for El Camino Bridge construction;
• install Cannon Road (upgraded) utilities, as required;
• construct Faraday Avenue with now available funds.
Further, it is Kelly Land Company's contention that the Condition No.53 (c) (stated in the
Planning Commission Village E Conditions of Approval) requiring the full width
improvement of Cannon Road, subject to reimbursement, is now not acceptable because
of the City's inability to provide reasonable reimbursement terms. Inasmuch as the full
width improvement installation is voluntary, and cannot be mandated because of lack of
nexus to the Village "E" subdivision requirements, we hereby request that this condition
be properly modified for the City Council's pending hearing on Village "E".
Mr. Lloyd Hubbs
February 17, 1998
Page Three
As you know, we were greatly disappointed to have you disallow the reimbursement of
expenses that Kelly has already expended in assisting the City with their permit
processing at the state and federal resource agencies. It was our understanding from the
beginning that these costs would be subject to reimbursement with proper documentation.
We realize that some of these costs were to advance our own interests and will of course,
be properly accounted for. It is not fair to dismiss all costs when we diligently proceeded
based upon our verbal agreement, as you requested.
There still are several significant and timely matters outstanding that will require
Kelly/City cooperation. Among them are: (1) the City's need to establish a borrow site on
Kelly Ranch to excavate approximately 80,000 cubic yards of dirt for surcharging
purposes at the Macario Canyon Bridge; and (2) the provision of approximately 21/2
acres of mitigation land on the Kelly Ranch for the City's use in satisfying Cannon Road
requirements.
We have a long way to go to complete Cannon Road. Kelly Land Company is a willing
participant in the process but, it is a two-way street; it must be fair to both sides. We
have so little time, and the available time is so constrained, that brinkmanship negotiating
distracts from the tasks at hand.
I am hopeful that you will figure out a fair method to allow landowners to participate
with the City to build Cannon Road (full width, full length) without having to phase the
construction. Kelly Land Company remains committed to the project, but without
reasonable reimbursement terms, we will have to proceed as I have outlined and install
only the portions of Cannon Road that meet the nexus test for the adjacent projects.
At your earliest convenience I would like to meet with you to discuss coordination of
partial improvements of Cannon Road.
Sincerely,
D. Larry Clemens
Vice President
cc: Mayor Bud Lewis Lisa Hildebrand
Council Members Sherri Howard
Raymond Patchett Pavid Hauser
Marty Orenyak f fMster Westman
Kelly\Hubbs216.klk
\\ >
KELLY RANCH
February 16, 1998
Mr. Lloyd Hubbs
Director of Public Works
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009
Re: Kelly Ranch - Area "E'VCannon Road
Dear Lloyd:
The tentative subdivision map/site development plan package for Kelly Ranch Area "E"
was recommended for approval by the Carlsbad Planning Commission on January 21,
and will be heard by the City Council shortly. Kelly Land Company has generally
accepted the extensive list of recommended conditions of approval. As you know, in
conjunction with recordation of the final map, we are agreeable to dedication of the
required Cannon Road rights-of-way to the City of Carlsbad.
However, our ability to comply with two of the conditions of approval rests more within
the City's control, than ours. We are very concerned that the timetable for City action,
and thus our compliance with these two conditions will be extended so long as to delay
the Area "E" final map, and the Cannon Road dedication, indefinitely. It is our
expectation that the Area "E" final map will be ready for approval by May, 1998; and
with its recordation Village "E", El Camino Bridge, and Cannon Road construction will
commence.
The Problem
Condition No. 8. "This project shall comply with all conditions and mitigation
measures which are required as part of the Zone 8 LFMP in effect at the time affinal
map..." A proposed amendment to the existing Zone 8 LFMP has been under review in
the City Engineering Department since October 6, 1997. No substantive comments have
been received from the City in the five months since its submittal. A number of
requirements of the original (1985) approved Zone 8 LFMP are no longer accurate or
appropriate to the present proposal. At a minimum, it is necessary that the parks impact
mitigation conditions of the existing LFMP be revised prior to the final map for Area "E".
Mr. Lloyd Hubbs
February 16, 1998
Page Two
Condition No. 15. "Prior to the approval of the final map for any phase of this
project, the Developer shall enter into an Affordable Housing Agreement with the
City..." Kelly Land Company has submitted a draft Affordable Housing Agreement for
City review. We have recently been notified that it is the City's preference (although not
ordinance) to review and approve a full set of development plan drawings of the
affordable project at the same time that an Affordable Housing Agreement is reviewed
and approved.
Although many aspects of the Kelly Ranch affordable housing solution are known at this
time (including location, number of units, number of bedrooms, and affordable lease
rates), the site development plan approval will be delayed with the Kelly Ranch
Supplemental EIR for approximately 8 months. Unless some flexibility on this issue is
allowed, the entire cooperative program for expediting processing and dedication (which
was soundly supported by the Planning Commission) is jeopardized, and the very narrow
construction window is diminished.
Kelly Land Company will assist the City in any way they can to provide the information
necessary in order to achieve approvals necessary for the LFMP Amendment and the
Affordable Housing Agreement, and to allow the final map and dedication of Cannon
Road to proceed within the previously discussed time frames. We conclude, however,
that it is absolutely necessary for the City to promptly address the above two items, in
order that the Cannon Road dedication and construction program be completed as
previously scheduled.
D. Larry Clemens
Vice President
cc: Marty Orenyak Michael Holzmiller
Gary Wayne Christer Westman 4
Bob Wojcik Mike Shirey
Debra Fountain
Kelly\Hubbs-E.klk
itv of Carlsbad
Planning Department
PLANNING COMMISSION
NOTICE OF DECISION
February 2, 1998
Kelly Land Company, Inc.
2011 Palomar Airport Road, Ste. 206
Carlsbad, CA-92008
SUBJECT: CT 96-07/PUD 97-04/HDP 96-13/CDP 96-13 - KELLY RANCH VILLAGE "£'
At the Planning Commission meeting of January 21, 1998, your application was considered. The
Commission voted 7-0 to RECOMMEND APPROVAL 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. HOLZMILLER
Planning Director
M.IH:CW:mh
Enclosed: Planning Commission Resolution No. 4224, 4225, 4226, 4227, and 4228
2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 438-O894
City of Carlsbad
Planning Department
December 31, 1997
KELLY LAND COMPANY
SUITE 206
2011 PALOMAR AIRPORT RD
CARLSBAD CA 92009
SUBJECT: CT 96-07/PUD 97-04/DEP 96-12/HDP 96-13 - KELLY RANCH -
VILAGE "E"
The preliminary staff report for the above referenced project will be available for
you to pick up on Friday, January 2, 1998 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 January 12, 1998. A twenty (20) minute
appointment has been set aside for you at 9:30 a.m. If you have any questions
concerning your project you should attend the DCC meeting.
If you need additional information concerning this matter, please contact Christer
Westman at (760) 438-1161, extension 4448.
CITY OF CARLSBAD
/GARY E. WAYNE
Assistant Planning Director
GEW:CW:kc
c: File Copy
2O75 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (760) 438-0894
KELLY TCANQH
September 15, 1997
Mr. Christer Westman
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad. CA 92009
Re: Kelly Ranch
Dear Mr. Westman:
Enclosed for your reading interest and information is the first copy of the Kelly Ranch
Newsletter.
As the developer of Kelly Ranch, it is our intent to communicate with our neighbors
through this newsletter; community meetings (the first of which will be scheduled in
October, 1997 at Kelly School); and smaller one-on-one group meetings. Our objective
is to hear concerns, learn about neighborhood specific needs, incorporate ideas where
possible, and answer questions.
It is our hope that by the time the first public hearing is held in 1998 that we will have
met with the community on a number of occasions and incorporated the public's thoughts
and ideas into our plans.
I hope that you enjoy this first edition of our newsletter.
Sincerely,
Lffirf
D. Larry Clemens
Vice President
Enclosure
2011 PALOMAR AIRPORT ROAD, SUITE 206, CARLSBAD, CA 92009 • TEL: [619] 931-1190 • FAX: [619] 931-7950
\\ ua<.'( v
City of Carlsbad
Planning Department
Septembers, 1997
Pam Whitcomb
Kelly Ranch
2011 Palomar Airport Road Suite 206
Carlsbad, CA. 92009
SUBJECT: CT 96-07 - KELLY RANCH VILLAGE "E"
Dear Pam:
Current California Environmental Quality Act (CEQA) regulations require that a project
Negative Declaration be completed and adopted or denied within 180 days of being
deemed complete. (October 20, 1997 in this case.) However, the project Mitigated
Negative Declaration will not be considered for approval by the City Council until project
issues have been fully resolved. Those issues are complex and will require additional
time for resolution.
I suggest that at a minimum we agree to a 90 day extension for processing. A 90 day
extension will require that the outstanding issues be completely resolved within a nine
week period. If you do not believe that we can close these issues within that period of
time, please suggest an alternate period.
Let's discuss the time constraints of processing your application at your earliest
convenience.
Sincerely,
CHRISTER WESTMAN
Associate Planner
CW:kr
2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894
DATE:
TO:
FROM:
KELLY RANCH
LETTER OF TRANSMITTAL x
July 24, 1997
Christer Westman
City of Carlsbad
Pam Whitcomb
Hillman Properties West, Inc.
2011 Palomar Airport Road
Suite 206
Carlsbad, CA 92009
SUBJECT: Kelly Ranch - RV Site
WE ARE SENDING: X Enclosed
VIA:_X Mail
Messenger
Pick-Up
Fax
.Under Separate Cover
FOR: X .Your Use
Your Review/Comment
Your Files
Your Information
Your Approval
DESCRIPTION:1). RV Site Plan
REMARKS: Revisions were made pursuant to your comments. As I understand it,
the RV Site Agreement will be addressed in the conditions of approval
for Village E. Please feel free to contact me should you have any
questions.
SIGNED: Pani
CC:
2011 PALOMAR AIRPORT ROAD, SUITE 206, CARLSBAD, CA 92009 • TEL: [619] 931 -1190 • FAX: [619] 931 -7950
FO(A!
8
T)H
City of Carlsbad
Planning Department
July 22, 1997
Pam Whitcomb
Hillman Properties
2011 Palomar Airport Road Suite 206
Carlsbad, CA. 92009
SUBJECT: CT 96-07 KELLY RANCH VILLAGE "E"
Dear Pam: •
*
Thank you for the opportunity to comment on the temporary location for the recreational
vehicle storage area. Since we spoke, the Engineering Department has reviewed the
proposed location and is not in favor of using the Cannon Road right-of-way. An other
location will need to be identified. I suggest that the location be shown on the plans
and that an agreement outlining the timing for its construction be prepared and
approved by the City Attorney prior to the issuance of a grading permit.
There are other Planning Department issues which are still outstanding on the map
which must be resolved prior to the project moving forward to public hearings. They
include:
+ Compliance with the Inclusionary Housing requirements.
* Resolution of the boundaries for the Mello II segment of the Coastal Program.
* Predominance of three car garages along the streetscape.
(See attached letter to Russ Haley, Shea Homes)
Additional comments from the Engineering Department are as follows:
Traffic and Circulation:
1. Please indicate the percent gradient through the proposed intersections of "F,
G & H" Streets. Provide street centerline profiles for any street on the
tentative map (TM) that has a gradient of 7% or greater, including the
connection to Frost Street at Evans Point. Show centerline profiles on 24" x
36" "D" sheets, and include them as sheets of the TM. (The 11" x 17" profiles
which were submitted are illegible and unacceptable.)
2. As previously requested, is a recreation vehicle (RV) lot being proposed for
this subdivision. If so, where is it located? Also, indicate a preliminary
functional design of any proposed RV lot (at a scale of 1"=40'). Additionally,
any proposed RV lot must be located within the proposed Village "E"
2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894
CT 96-07 KELLY RANcWlLLAGE "E"
JULY 22, 1997
PAGE 2 - -
subdivision boundary.
3. As previously requested, how is the applicant going to meet their inclusionary
housing requirements? If second dwelling units (D/U's) are proposed, the
location of the second D/U's must be shown on the TM. The trip generation
must also be included in the total Average Daily Traffic (ADT) for the project,
and, be indicated on the TM cover sheet. Additionally, any increase in the
ADT must be reflected in the Local Facilities Management Plan (LFMP) Zone
8 update.
4. The traffic analysis, conducted by Urban System Associates (USA), which
was submitted for this proposed project, indicates a decrease in traffic over
what was indicated in the Zone 8 LFMP. However, there were some
discrepancies in the USA analysis with what is indicated in the Zone 8 LFMP
traffic report. The LFMP indicates that 176 D/U's could be constructed on this
site, not 215 as is indicated in the USA analysis. However, as indicated
above, the current Village "E" total ADT is still less than what is indicated in
the LFMP. As previously requested, site specific traffic analysis, also by a
qualified traffic engineer, must be conducted. A traffic signal warrant analysis
must be conducted at the proposed Cannon Road/Frost Street intersection.
Again, any traffic analysis which is conducted for this proposed project, must
be included in the LFMP update for Zone 8.
5. Thank you for indicating the intersection sight distance lines on the TM. It
seems, however, that only Stopping Sight Distance was utilized. A minimum
of 330' of Corner Sight Distance must be shown. Please revise the 1" = 100'
and 1" = 40' scale plan sheets. Additionally, please indicate the Corner Sight
Distance at the proposed Frost Street/'B" Street intersection, towards
Cannon Road; and, indicate the Frost Street/"B" Street intersection Corner
Sight Distance on the Landscape plans also.
6. In accordance with City Standards, the top of the "flare" of any driveway must
be located a minimum of 3' away from the property line. The following lots
must be revised: 7, 18, 22, 39, 40, 42, 46, 80, 82, 90, 103, 105, 106, 108,
123, 136, 137 & 138.
7. The proposed cul-de-sacs do not meet City Standards (GS-3/GS-4). Revise
the TM as necessary.
8. Has any thought been given to having pedestrian access to Cannon Road
from the end of the cul-de-sacs at "A" and "CC" Streets?
9. Since Frost Street will be carrying the traffic of a Collector Street, please
increase the intersection spacing of Frost Street to Cannon Road to a
minimum of 300'.
RANG WlCT 96-07 KELLY RANCIWILLAGE "E"
JULY 22, 1997
PAGE 3 - --
10. Please show a street light standard at the BC of the curb return, on "B" Street
at Lot No. 45. Add a street light standard on the southerly side of "A" Street,
at approximately Lot No. 28. Relocate the proposed street light standard on
"G" Street from the northerly side of the street to the southerly side of the
street, at approximately Lot No. 62.
11. Indicate a cross-section of the proposed Gannon Road bridge, across the
channel/creek at El Camino Real (ECR), on the cover sheet of the TM.
Sewer
1. Please label the proposed sewer/water/drainage easements as public.
2. Documentation must be provided from the Carlsbad Municipal Water District
(CMWD), District Engineer, stating that a temporary sewer line can be utilized
to flow to the north in Cannon Road, to tie into the existing 21" VCP sewer
line which is located south of ECR.
3. In accordance with Item No. 2 above, if CMWD permits this temporary sewer
design, the gradient of the proposed pipe, within Cannon Road, must be
increased to a minimum fall of .5%.
4. The sewer section of the Zone 8 LFMP must be updated, indicating revised
dates for ultimate sewer facility construction and financing.
5. As part of this TM, please show the ultimate sewer facilities to the south,
including any pumping facilities.
Drainage:
1. The TM cover sheet indicates typical lot drainage in accordance with City
Standard GS-15, which shows a 5' minimum setback to the flow line from any
proposed structure. Numerous Planned Unit Development (PUD)
building/dwelling unit envelopes indicate, however, a 5' setback to the
property line, which will not facilitate meeting the GS-15 standard's
requirement (e.g., see Lot No.'s 9 & 10). Please revise as necessary. If
retaining walls will be required to meet the standard, then this must be shown
at this stage of project processing. Any proposed retaining walls must be
shown in plan view on the TM, and the GS-15 detail, and, must still meet the
5' requirement from the face of any structure to the flow line.
2. Is the proposed de-silting basin at Lot No. 17 capable of handling developed
conditions?
3. How is the proposed de-silting basin supposed to function? Provide inlet
elevations and/or storm drain profiles, which indicate that the basin will
operate. As is currently being shown, it seems that the storm drain actually
RANG WlCT 96-07 KELLY RANCPTOLLAGE "E"
JULY 22, 1997
PAGE 4 i__
by-passes the basin.
4. Sump conditions exist at the end of proposed cul-de-sac street's "A", "CC",
"D" and "G". Please indicate overflow mitigation systems (i.e., graded
vegetated swales, secondary storm drain facility, etc.).
Soils and Grading:
1. Please revise Soils Report, Section VIII, "Grading Recommendations and
Specifications," to specifically include a discussion of how the landslide areas
may affect the buildable portion of the various lots, within those landslide
areas. For example, do "no build" zone setbacks/easements need to be
established within the landslide areas for structures, pools, patios, decks,
etc.? Please be advised, this is a major staff issue of concern and must be
addressed.
2. Are there any existing or required slope easements for the southerly side of
Cannon Road that would impact the placement of lots, D/U's, and setbacks?
Land Title and Mapping:
1. The Grant Deed of Easement for Cannon Road and El Camino Real, along
the Master Plan frontage, (in accordance with PR 3.40.271) indicates a mirror
image of the dedication at El Camino Real (ECR). Was the right of way/curb
radius on the north side of ECR previously not dedicated and is now being
dedicated?
2. Thank you for adding the other application designations to the TM cover
sheet. The PUD has now been given a number. Therefore, please add PUD
97-04 to the cover sheet also.
3. It was indicated in the 11" x 17" re-submittal sheet that 1 14:1 slopes will not
be utilized. However, General Note No. 6 on the TM cover sheet still
discusses 1 VzA slopes. Again, if 1 VzA slopes are going to be used, then
submit documentation from a registered soils engineer that 1>2:1 slopes are
an acceptable side yard lot design. If they are not going to be used, then
delete any reference to them from the TM.
4. Minimum lot frontage on a cul-de-sac is 25'. Therefore, please revise Lot
No.'s103, 104 and 138.
5. All lot lines at the end of proposed cul-de-sacs must meet the right of way line
perpendicularly (at an angle of 90°).
RANG WlCT 96-07 KELLY RANCIWILLAGE "E"
JULY 22, 1997
PAGES
6. On the cover sheet of the TM, please label the "Not a Part" area of the
property as a "Remainder Parcel." Indicate this on the 3" x 4 V2" property
boundary detail, and, on the 1" = 100' scale map. On the 1" = 100' scale
map, indicate the remainder parcel below the southerly subdivision boundary
line (in the topography area).
Miscellaneous:
1. As was indicated in a correspondence to Curt Noland, dated: May 5, 1997, a
letter was previously forwarded to Larry Clemens on January 9, 1997, as an
addendum to the City's December 18, 1996, "Completeness" letter for the
Kelly Ranch Minor Subdivision (MS 96-10), indicating that the Zone 8 LFMP
must be updated as part of development applications for Kelly Ranch. As
indicated in the January 9, 1997, correspondence, staff still has serious
concern over this issue. Please be advised, an LFMP Amendment for Zone 8
must be processed. Therefore, please submit the Zone 8 LFMP amendment
and all required supporting documents, analysis and studies.
2. Use match lines, and include the 1" = 40' scale sheets as part of the TM
plan set (on 24" x 36" "D" sheets).
3. Attached are red-lined check prints (1" = 100', and 1" = 40' scales) of the
project for the applicant's use in making the requested revisions. These
check prints must be returned with the project revisions to facilitate
continued staff review.
Should you have any questions, please contact me at (760) 438-1161 extension 4448
or contact Mike Shirey at extension 4388.
Sincerely;
CHRISTER WESTMAN
Associate Planner
CW:kr
City of Carlsbad
Planning Department
July 10,1997
Russ Haley
Shea Homes
10721 Treena Street Suite 200
San Diego, CA. 92131
SUBJECT: PUD 97-04 KELLY RANCH VILLAGE "E"
Dear Russ:
I am in receipt of the revised architectural plans and concur that the design has improved.
However, I still have an issue with the predominance of three car garage doors and the monotony
of the same garage and entry configuration on each of your proposed floor plans.
I have also noted that the proposed third garage space does not meet minimum requirements for a
garage. Each garage space must have a clear space of 10 feet by 20 feet.
Separate from the garage issue, I recommend that additional architectural treatments be applied
to the second story rear elevations. The second story of the rear elevation is often very visible
from key areas throughout a subdivision and should have the same presentation as the front of
the building.
Some solutions to the garage door issue may be to guarantee that some of the homes will only
have a two car garage and some will have a bonus room; add a side loading garage elevation;
introduce one or more new elevations which emphasize the front door versus the garage; or move
the garage to the back of the lot.
I will be happy to meet with you to review any suggestions.
Sincerely;
CHRISTER WESTMAN
Associate Planner
CW:kr
2O75 Las Patmas Dr. - Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894
SheaHomes*
San Diego, Inc
June 25, 1997
Mr. Christer Westman
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Re: Kelly Ranch - Village E
Dear Christer:
Enclosed are three (3) sets of revised conceptual architecture plans for the PUD submittal. The
elevations have been substantially enhanced and provide the street scene differentiation we were striving
for.
As we discussed at our last meeting, Shea Homes is planning to offer "flex" space in the 3rd-car garage
spaces. This program allows the buyers to customize to their lifestyles, and further reduces the
dominance of garages in the street scene. In our marketing experiences, we have learned that if we offer
only "2-car" garages in this product size/price range, it will negatively impact sales. However, if we
offer a 3-car garage and then demonstrate the cost effectiveness of creating additional living space, it
becomes quite popular.
Please call should you have any questions or additional comments. We look forward to working with
you throughout the remainder of the PUD process.
Sincerely,
Russ Haley
Project Manager
RH/ra
Enclosure
cc: Kirk McKinley - The McKinley Associates, Inc. (w/o enclosures)
Dale Greenhalgh - Project Design Consultants (w/enclosures)
Curt Noland - Hillman Properties (w/enclosures)
P:\group\land\winword\kelly\christer.ltr
10721 Treena Street, Suite 200, San Diego, California 92131, tel: 619-549-3156 fax: 619-549-0112
City of Carlsbfd 971 16
Fire Department Bureau of Preyarjtion
Plan Review: Requirements Category: Fire Conditions //
<
Date of Report: Wednesday, May 7,1997 Reviewed by: Ifo
Contact Name Christer Westman
Address
City, State CA
Bldg. Dept. No.Planning No. CT96-07
Job Name Kelly Ranch Vlg E
Job Address El Camino Real/Cannon/Frost Ste. or Bldg. No.
Approved - The item you have submitted for review has been approved. The approval is
based on plans; information and/or specifications provided in your submittal;
therefore any changes to these items after this date, including field modifica-
tions, must be reviewed by this office to insure continued conformance with
applicable codes. Please review carefully all comments attached, as failure
to comply with instructions in this report can result in suspension of permit to
construct or install improvements.
Disapproved - Please see the attached report of deficiencies. Please make corrections to
plans or specifications necessary to indicate compliance with applicable
codes and standards. Submit corrected plans and/or specifications to this
office for review.
For Fire Department Use Only
Review 1 st 2nd 3rd
CFD Job# 97116 File#
Other Agency ID
2560 Orion Way Carlsbad, California 92008 (619) 931-2121
Requirements Category: Wre Conditions 97116
Deficiency Item: Pending 01 Building Permits
Prior to the issuance of building permits, complete building plans shall be approved by the Fire
Department.
Proposed language:
Prior to issuance of building permits, the Fire Department shall evaluate building plans for
conformance with applicable fire and life safety requirements of the state and local Fire Codes.
Deficiency Item: Pending 02 Hydrants
Additional on-site public water mains and fire hydrants are required.
Proposed change for Industrial and multi family:
Provide additional public fire hydrants at intervals of 300 feet along public streets and private
driveways. Hydrants should be located at street intersections when possible, but should be
positioned no closer than 100 feet from terminus of a street or driveway.
Proposed change for single family residences:
Provide additional public fire hydrants at intervals of 500 feet along public streets and/or private
driveways. Hydrants should be located at street intersections when possible, but should be
positioned no closer than 100 feet from terminus of a street or driveway.
Deficiency Item: Pending 03 Site Plan/Hydrants
Applicant shall submit a site plan to the Fire Department for approval, which depicts location of
required, proposed and existing public water mains and fire hydrants. The plan should include
off-site fire hydrants within 200 feet of the project.
Deficiency Item: Pending 04 Site plan/access
Applicant shall submit a site plan depicting emergency access routes, driveways and traffic
circulation for Fire Department approval.
Deficiency Item: Pending 05 Access during construction
An all weather, unobstructed access road suitable for emergency service vehicles shall be provided
and maintained during construction. When in the opinion of the Fire Chief, the access road has
become unserviceable due to inclement weather or other reasons, he may, in the interest of public
safety, require that construction operations cease until the condition is corrected.
Deficiency Item: Pending 06 Combustible construction materials on site
All required water mains, fire hydrants and appurtenances shall be operational before combustible
building materials are located on the construction site.
Deficiency Item: Pending 07 Security gate systems
Prior to final inspection, all security gate systems controlling vehicular access shall be equipped with
a "Knox", key-operated emergency entry device. Applicant shall contact the Fire Prevention Bureau
for specifications and approvals prior to installation.
Page 2 05/07/97
Requirements Category:Conditions 97116
Deficiency Item: Pending 08 Fire lanes
Prior to building occupany, private roads and driveways which serve as required access for
emergency service vehicles shall be posted as fire lanes in accordance with the requirements of
section 17.04.020 of the Carlsbad Municipal Code.
Deficiency Item: Pending 09 Brush clearance
Native vegetation which presents a fire hazard to structures shall be modified or removed in
accordance with the specifications contained in the City of Carlsbad Landscape Guidelines Manual.
Applicant shall submit a Fire Suppression plan to the Fire Department for approval.
Proposed new condition
Prior to issuance of the building permit, the applicant shall obtain fire department approval of a
wildland fuel management plan. The plan shall clearly indicate methods proposed to mitigate and
manage fire risk associated with native vegetation growing within 60 feet of structures. The plan
shall reflect the standards presented in the fire suppression element of the City of Carlsbad
Landscape Guidelines Manual.
more below
Prior to occupancy of buildings, all wildland fuel mitigation activities must be complete, and the
condition of all vegetation within 60 feet of structures found to be in conformance with an approved
wildland fuel management plan.
Deficiency Item: P e n d i i
Plans ai
other fir
constru
Propos«
All build
automat
and a p<
Propose
specific?
ems and
icted by
partment,
and
Deficiency Item: Pending 12 Emergency response maps
The applicant shall provide a street map which conforms to the following requirements: A 400 scale
photo-reduction mylar, depicting proposed improvements and at least two existing intersections or
streets. The map shall also clearly depict street centerlines, hydrant locations and street names.
Deficiency Item: Pending 13 Monument sign
A monument sign shall be installed at the entrance to the driveway or private street indicating the
addresses of the buildings on site.
Page 3 05/07/97
Date: May 7, 1997
To: Planning Department
From: Police Department/Crime Prevention
Subject: Plan Review CT 96-07
Plan Review Recommendations
The following are optimal security suggestions provided by the
Carlsbad Police Department. The purpose is to create an atmosphere that is
free from crime opportunities. The recommendations are presented in two
sections, site considerations and building recommendations.
Special Cautionary Note
From the plans it appears the homes are designed and positioned on
the lot so the front door entrances are not visible from the front access
road. This is an undesirable condition in a residential community. Lack of
vision to the front door entrance makes this entrance more susceptible to
forced entry and criminal activity.
Site Considerations
Lighting
It is suggested that individual homes be equipped on all sides with
lighting fixtures to illuminate the sides of the building. Light gives someone
the perception of being seen. The lights do not have to be of considerable
wattage, low levels of light are sufficient to provide a blanket of light.
Further, the fixtures should be equipped with dawn to dusk sensors or
timers. It is recommended that the fixtures be adapted to use something
other than an incandescent bulb for energy efficiency. Additionally, it is
recommended that these fixtures be enclosed in vandal resistant covers.
Landscaping
It is suggested that the exterior landscaping be kept at a minimal height
and fullness giving police, security services and the public surveillance
capabilities into the area. Shrubs should be low profile, below three feet.
Landscaping should be designed keeping a space between the tops of shrubs
and the bottoms of trees. The canopy of a tree should not be lower than five
feet. Trees should not provide access to the roof or balconies. Landscaping
should be designed to augment, not deter from lighting. It is recommended
that security plants be cultivated in areas were access is likely but unwanted.
Hills, burms and landscaping that has been designed to conceal a house
also provides a place for an intruder to hide. For optimal security, it is
necessary to have surveillance of a house from the street and from
neighboring yards.
Walls and fences should be of the see through variety for the purpose
of surveillance. Tall solid walls around a home provide cover. Walls and
fences at entrance ways should allow surveillance. Trees should be pruned
away from fences to not provided access over the fence. Thick foliage at the
fence line impairs yard visibility and conceals a breach in the fence.
Gates should have locking devices and should also be of the see
through variety.
Addressing
All dwellings should display a street number in a prominent location on
the street side of the residence in such a position that the number is easily
visible to approaching emergency vehicles. The numerals should be no less
than four (4) inches in height and should be of a contrasting color to the
background to which they are attached. It is further recommended that house
numbers be displayed in illuminated fixtures.
Entrances
It is recommended that entrance ways be kept clear of clutter. Also
it is suggested that vision from the front access street be available to front
door entrance areas. Homes that have been designed without this
consideration have been more susceptible to front entrance penetration.
Surveillance is important.
Building Considerations
Doors
All wooden doors into the residence should be of solid core
construction with a minimum thickness of one and three-fourths (1-3/4)
inches. This includes the garage pedestrian door, and the door from the
garage into the residence.
Further, all doors should be equipped with a single cylinder deadbolt
lock using a 5-pin tumbler that should be connected to the inner portion of
the lock by connecting screws. The lock should have a one inch throw that
has been designed to withstand a cutting tool attack. The deadbolt should
embed at least three-fourths of an inch into the strike plate. Finally, the
strike plate should be reenforced with a minimum of two, 3 inch screws.
All entry and exit doors to dwelling units should be arranged so that the
occupant has a view of the area immediately outside the door without
opening the door. Except doors requiring a fire protection rating that
prohibits them, such view may be provided by a door viewer having a field of
view of not less than 190 degrees. Mounting height should not exceed fifty-
four inches from the floor. Further, here should not be glass panels within
forty inches of a locking device.
Doors that are partially glass also require a single cylinder deadbolt
lock. Also, they should be equipped with a burglar resistant glaze to prevent
someone from breaking the glass to enter the home.
Sliding Doors
Horizontal sliding doors should be equipped with a metal guide track at
top and bottom. The bottom track should be so designed that the door
cannot be lifted from the track when the door is in the locked position. Also,
the door should also be equipped with security hardware such as a pin.
Double Doors
The inactive leaf of a double door requires the same solid core
construction as a single door and should be equipped with metal flush bolts
having a minimum embedment of five-eighths (5/8) inch into the head and
threshold of the door frame.
Hinges
Hinges for out-swinging doors should be equipped with non-removable
hinge pins or a mechanical interlock to preclude removal of the door from the
exterior by removing the hinge pins.
Garage Doors
Doors that exceed sixteen feet in width should have two lock receiving
points; or, if the door does not exceed nineteen feet, a single bolt may be
used if placed in the center of the door with the locking point located either
at the floor or door frame header; or, torsion spring counter balance type
hardware may be used.
Windows
All movable windows should be equipped with security hardware to
prevent them from being lifted from the frame.
By, Jodeene R. Sasway
Crime Prevention Specialist
Carlsbad Police Department
(619)931-2195
City of Carlsbad
Engineering Department
May5, 1997
CURT R NOLAND
KELLY LAND COMPANY
2011 PALOMAR AIRPORT ROAD SUITE 206
CARLSBAD CA 92009
MS 96-10: KELLY RANCH MINOR SUBDIVISION
Engineering and Planning Department staff have reviewed the second submittal of
Tentative Parcel Map, Application No. MS 96-10, as to its completeness for processing
and have again determined that the application is incomplete, as submitted. Items
required to make a complete application are as follows:
ENGINEERING COMPLETENESS ITEMS:
1. Correspondence was forwarded to Mr. Clemens on January 9, 1997,
(attached) as an addendum to the City's December 18, 1996,
"Completeness" letter. At the time, after having various discussions with
member's of staff, it was determined that a Local Facilities Management
Plan (LFMP) amendment would be required for Zone 8 prior to processing
a final parcel map for this project. As indicated in the January 9, 1997,
correspondence, staff still has serious concern over this issue. However,
since it has been represented that this minor subdivision (MS) is being
processed for financial purposes only and will have to be further
subdivided prior to obtaining any actual development rights, the
requirement to process an LFMP amendment for this MS was deleted and
the requirement has now been placed on major subdivision (CT 96-07,
Kelly Ranch Village "E"). Village "E" was determined to be complete,
without an LFMP amendment being submitted. Staff does not intend to
tie processing of an LFMP amendment to this MS, however, this
important information must be processed. Therefore, one of the
following two items must be done to have this MS application determined
to be complete:
a) Either submit the LFMP amendment and all required supporting
documents, analysis and studies; or,
b) submit a letter indicating that the applicant/developer will
expedite and submit an LFMP amendment with all required
supporting documents, analysis and studies as part of the
processing for CT 96-07, Kelly Ranch Village "E".
2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894
MS 96-10: KELLY RANCH MINOR SUBDIVISION PAGE: 2
SECOND COMPLETENESS REVIEW
C. NOLAND LETTER; MAY 5, 1997
PLANNING COMPLETENESS ITEMS:
2. The requested action is defined as "development" within the Local Coastal
Plan. As previously indicated, concurrent processing of a minor Coastal
Development Permit (CDP) is required. (The processing of a major CDP for
Village "E" does not meet this requirement.)
If you have any questions regarding engineering items, please contact me at
telephone 438-1161, extension 4388. If you have any questions regarding planning
items, please contact Associate Planner, Christer Westman at extension 4448.
MlCHAEi
Associate-Engineer - Land Development
Attachment
c: City Engineer
Principal Civil Engineer - Land Use Review
Associate Planner - C. Westman
City of Carlsbad
Planning Department
April 22,1997
Pam Whitcomb / Kelly Ranch
Suite 206
2011 Palomar Airport Road
Carlsbad, CA. 92009
SUBJECT: CT 96-07/CDP 96-13/HDP 96-13/PUD 97-04 - KELLY RANCH VILLAGE
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your development applications nos. CT 96-07/CDP 96-
13/HDP 96-13/PUD 97-04, as to their completeness for processing. It has been
determined that the application is now complete for processing. Although the initial
processing of your application may have already begun, the technical acceptance date
is acknowledged by the date of this communication.
Please note that although the application is now considered complete, there may be
issues that could be discovered during project review and/or environmental review. Any
issues should be resolved prior to scheduling the project for public hearing. In addition,
the City may request, in the course of processing the application, that you clarify,
amplify, correct, or otherwise, supplement the basic information required for the
application.
Please contact your staff planner, Christer Westman, at (760) 438-1161, extension
4448, if you have any questions or wish to set up a meeting to discuss the application.
Sincerely,
MICHAEL J.THOLZWIILLER
Planning Director
MJH:CW:kr
Gary Wayne File Copy
Adrienne Landers Data Entry
Mike Shirey Planning Aide
Bobbie Hoder
2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
No: CT 96-07/CDP 96-13/HDP 96-13
ISSUES OF CONCERN
Planning:
1. A 2,800 square foot recreational vehicle storage area must be provided.
2. In accordance with the Inclusionary Housing Ordinance, 22 of the 144 homes
proposed must be made available to low and moderate income households.
3. A section of Citywide Trail System segment 23 must be accommodated south
and adjacent to Cannon Road.
4. Open Space lot "E" should include active play area.
5. A pedestrian connection to Cannon Road should be considered at the westerly
cul-de-sac of "A" Street.
6. The proposed building designs create a dominance of garage door presence on
the street. Because most of the lots are relatively narrow (50 feet or less) at the
front property line, thirty feet of building frontage dedicated to the garage door is
unreasonable and will have a negative effect on the streetscape. The
streetscape is important to the City because it defines the character of the
neighborhood. The buildings should be redesigned to emphasize the front door,
porches, habitable spaces, or the impression of habitable spaces.
In addition, the three elevations proposed are nearly identical. More effort
should be made to create interest in the three floorplans. Exteriors should be
rich in details and should be carried from the front elevations to the side and rear
elevations, especially at the second floor which in many cases will be highly
visible from Cannon Road and El Camino Real.
Engineering:
1. Engineering Issues to follow.
Carlsbad
Municipal Water District
5950 El Camino Real, Carlsbad, CA 92008
Engineering: (619) 438-3367
Administration: (619) 438-2722
FAX: 431-1601
Da,e:
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009
CMWD NO.
SUBJECT:
In response to your inquiry of ,the District
has reviewed subject project and the Carlsbad Municipal Water District conditions for
potable water, reclaimed water and sewer systems are as follows:
1.
2.
The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to insure that adequate capacity, pressure and flow demands can
be met.
The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San
Diego County Water Authority capacity charge will be collected at issuance of
application for meter installation.
"Serving Carlsbad for over 40 years"
April 29, 1997
Ms. Christer Westman
Planning Department
City of Carlsbad
2075 Las Palmas Dr.
Carlsbad, CA 92009
Re: CT 96-07 Kelley Ranch Village E
Dear Ms. Westman:
North County Transit District (NCTD) has reviewed the plans for the above referenced project and
has the following comments:
1. NCTD operates Routes 309 and 319 on El Camino Real in Carlsbad. Route 309 provides
service seven days per week, between Camp Pendleton and Encinitas via Plaza Camino Real.
Route 319 provides weekday morning and afternoon peak period service between Plaza Camino
Real and the Palomar Airport Road business park area.
2. The existing Route 309 and 319 bus stop located the farside of El Camino Real and future
Cannon Road should be improved. As part of the conditions of approval for this project, a bus
shelter, bench, trash receptacle, boarding pad and street lighting should be provided at the new
bus stop. All facilities should meet ADA regulations and NCTD standards. The shelter can be
designed to compliment the architectural style of the development. NCTD recommends the use
of perforated metal screening instead of glazing for improved durability. The maintenance of this
facility should be the responsibility of the applicant. NCTD will place the necessary signage at
the bus stop once construction is completed.
Thank you for providing us with the opportunity to comment on this project. If I can be of
additional assistance, please contact me at 967-2859.
Sincerely,
Chris Schmidt
Assistant Planner
cc: Paul Price, NCTD
kelly_r.doc
NORTH COUNTY THANSIT OISTCSICT
311 South Tremont Street, Oceanside, CA 92054
619-967-2828
City of Carlsbad
Planning Department
February 6, 1997
D.L. Clemens
Kelly Land Company
2011 Palomar Airport Road, Suite 206
Carlsbad CA 92008
SUBJECT: CT 96-07/CDP 96-13/HDP 96-13 KELLY RANCH VILLAGE "E"
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has
reviewed your development applications nos. CT 96-07/CDP 96-13/HDP 96-13, as to their completeness
for processing.
The applications are incomplete, as submitted. Attached are two lists. The first list is information which
must be submitted to complete your applications. All list items must be submitted simultaneously and
a copy of this list must be included with your submittals. No processing of your applications can
occur until the applications are determined to be complete. The second list is issues of concern to staff.
When all required materials are submitted the City has 30 days to make a determination of completeness.
If the applications are determined to be complete, processing for a decision on the applications will be
initiated. In addition, please note that you have six months from the date the applications were initially
filed, November 20, 1996, to either resubmit the applications or submit the required information. Failure
to resubmit the applications or to submit the materials necessary to determine your applications complete
shall be deemed to constitute withdrawal of the applications. If an applications are withdrawn or deemed
withdrawn, a applications must be submitted.
Please contact your staff planner, Christer Westman, at (619) 438-1161, extension 4448, or staff engineer
Mike Shirey, at extension 4388 if you have any questions or wish to set up a meeting to discuss the
application.
Attached is a red-lined check print of the project for your use in making the requested revisions. This
check print must be returned with the project revisions to facilitate continued staff review.
MICHAELHOLZMIIER
Planning Director
MJH:CW:kr
Gary Wayne Data Entry
Adrienne Landers Planning Aide
Mike Shirey
Bobbie Hoder
Bob Wojcik
File Copy
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
No. CT 96-07/CDP 96-13/HDP 96-13 Kelly Ranch Village "E"
Planning:
1. A Planned Unit Development (PUD) application must also be concurrently processed
with the other applications for this proposed project.
2. Kelly Land Company is not shown on the title reports (First American Title Order No.
1145505-15) or (Chicago Title Order No. 000993010 50) as having an ownership in the
property, however, D.L. Clemens ,Vice President of Kelly Land Company, is the
signatory as both the owner and the applicant on the permit applications and the Public
Facilities Fee Agreement. Please correct or clarify.
3. Please prepare an exhibit for the Coastal Development Permit depicting the location of
the boundary between the Agua Hedionda Lagoon Segment and the Mello II Segment of
the Local Coastal Program as it relates to the proposed subdivision.
4. As a requirement of the Planned Development Ordinance, the subdivision must include
common active recreation.
5. Please indicate the property's zoning under the General Notes as PC. SP-83 is not a City
zoning designation.
6. Please indicate where Recreational vehicle storage will be located? Also, indicate a
preliminary functional design of the proposed RV lot (at a scale of 1"=40').
7. How is the applicant going to meet the inclusionary housing requirements? (This
information must be included on the cover sheet of the tentative map.)
Engineering:
1. As in the "completeness" items for the minor subdivision for this property, some of the
same issues are still applicable and must be adequately addressed/resolved in accordance
with the following:
a) In researching other Adjustment Plats for this property, reference is made to a
"Master Plan Assumption Agreement" (MPAG) regarding transferring property
ownership/development rights within the Master Plan area. Has an MPAG been
executed, or is one in process? Please be advised, that this is a major issue which
must be addressed;
b) In accordance with a previous Adjustment Plat and Certificate of Compliance, has
an "offer of dedication" been processed for Cannon Road and El Camino Real
along the Master Plan frontage. Supply documentation that this has been
accomplished;
c) In accordance with a previous Adjustment Plat and Certificate of Compliance, an
agreement waiving and consenting to the creation of a Facilities Impact Fee
Program and an agreement to fund Cannon Road West should have been
executed. Supply documentation that this has been accomplished;
2. After having various discussions with other engineers, and after researching the
Subdivision Map Act, staff has come to the conclusion that separate mapping of the same
piece of property [i.e., a tentative parcel map (Kelly Ranch, Minor Subdivision) and
tentative map (Kelly Ranch Village "E", Major Subdivision)] cannot be conducted
concurrently. Therefore, please indicate which project will continue to go forward.
3. Please add a table to the tentative map indicating the total quantity, and, the classification
of the lots (i.e., total number of residential, open space, recreation lots, inclusionary
housing lots/units etc.). There are both number and letter designations for the proposed
lots which have not been identified.
4. Please add tentative map number: CT 96-07 to the upper right corner of the tentative map.
5. In accordance with Item No. 4 above, also reference all other applications on the cover
sheet of the tentative map (i.e., CDP 96-13, HDP 96-13, PUD ## - ##, etc.).
6. Under the General Notes, add that the proposed project is located in Local Facilities
Management Plan (LFMP) Zone 8.
7. Please submit the tentative map at a 1"=40' scale for staff review purposes.
8. Please indicate the percent gradient through all of the proposed intersections.
9. In accordance with Item No. 8 above, please provide street profiles for any street having a
gradient of 7% or greater.
10. Please indicate the percent gradient of proposed Cannon Road.
11. Please indicate the distances between all of the proposed street intersections.
12. Please label the cross-sections of Cannon Road, "A"-"H" Streets and Frost Street as
public or private on the cover sheet of the tentative map.
13. Please indicate the locations of fire hydrants for proposed Frost Street.
14. Please be advised, that easement verification could not be conducted because the
Preliminary Title Report (PR) submitted with the application is not the same PR that is
referenced in the Easement Notes, on sheet 2 of 2 of the tentative map. The Easement
Notes indicate First American Title Insurance (FATI) PR policy number 1144027-15,
and, the PR that was submitted indicates FATI policy number 1145505-15. Additionally,
please indicate the future disposition of any and all easements in the Easement Notes
table.
15. The legal description in the PR does not match the property boundary on the cover sheet
of the tentative map. Even though the separate parcels can be identified, the metes and
bounds descriptions must match, and, be shown on the tentative map. Additionally, the
southerly property line does not match the metes and bounds description for Parcel No. 1.
Also, the "Ownership Boundary See Detail" note on the tentative map cover sheet is
unacceptable. Please verify, revise and show the entire legal description.
16. Thank you for indicating the proposed import/export for the proposed grading, however
cut/fill information has not been provided. Is the existing soil unsuitable for construction
and 210,000 cy of cut has to be exported? Also, in accordance with Hillside Development
Permit (HDP) requirements, please indicate the amount of cy/acre of grading. The
acceptable range for grading is from 0 - 7,999 cy/ac. Additionally, does this balanced site
grading include Cannon Road full width grading? Under the General Notes, please
indicate the break down of the proposed grading quantities between the actual site
improvements and Cannon Road.
17. Please add the GS-15 Lot Drainage City Standard to the cover sheet and indicate this
standard as typical lot drainage. Please be advised, if 3' drainage flow lines from
structures are going to be proposed, documentation from a registered soils engineer must
be provided indicating that this design is acceptable.
18. An on-site cul-de-sac issue exists for "F", "G", and "H" Streets. In accordance with City
Standards, please indicate an additional access point to mitigate this deficiency or widen
the proposed roadways to a 40' minimum width.
19. Please indicate the proposed project's Average Daily Traffic (ADT) under the General
Notes on the tentative map cover sheet.
20. Please indicate California Department of Transportation (CalTrans) Intersection Sight
Distance sight lines at all of the proposed intersections, both on the 1"=100' and 1"=40'
scale tentative map cover sheet and map sheets, respectively.
21. Please indicate the existing grading for Frost Street and the Shea Homes project, within
100' of the Kelly Ranch Village "E" easterly project boundary line.
22. The soils report which was submitted with the project application is for a different
project, albeit on the same property. Please be advised, that this report must be updated
by a registered soils engineer.
23. Please submit documentation, clarifying what is happening with the "Kelly Homestead."
24. Please revise and/or address the General Notes on the tentative map cover sheet, in
accordance with the following:
Note No. 5: Submit documentation from a registered soils engineer that I1/-:! slopes
are an acceptable side yard lot design.
Note No. 6: Revise this note as follows: "Grading shown hereon is preliminary and is
subject to revisions made during the final design process, in accordance
with approval from the City Engineer and Planning Director."
Note No. 8: Please delete the typographical error, "all lots to meet" (or finish the
sentence).
Note No. 9: Please delete Note No. 9 and re-number the General Notes. Curve radii
are not approximate at the tentative map stage.
25. Please submit the "Concept Landscape Plan" for the areas proposed to be held in
common ownership.
ISSUES OF CONCERN
Planning:
1. The proposed "knuckle" design for streets "A" and "C" are generally acceptable to the
Planning Department.
2. Related to the location of the Coastal Program segments boundary, the project will be
subject to approval of a Coastal Development Permit by the California Coastal
Commission for all portions within the Agua Hedionda Lagoon segment.
3. Although the Environmental Impact Analysis part 1 indicates that there will be no impact
to biological resources, the claim should be substantiated with data. The concern is that
even though a majority of the site has been previously disturbed, there may be pockets of
significant or potentially significant habitat. A biological survey should be conducted for
the entire site including areas to be disturbed by Cannon Road improvements. The
survey should include an assessment of Coastal Sage Scrub, the California Gnatcatcher,
pacific pocket mouse, least Bell's vereo, Southwestern willow flycatcher and the arroyo
toad.
Engineering:
1. Lot No.'s 60, 61, 70 and 71, and, "G" and "H" Streets are proposed to be developed
within existing 40% slopes. This does not meet HDP requirements and must be revised.
2. Planning Department staff have indicated that the proposed on-site curve-linear street
system may be revised to show a 90° knuckle design. This type of design is potentially
acceptable, given that the proposed knuckles meet City Standards and sight distance
requirements.
Due to numerous incomplete issues and since there is the potential for some redesign of
this project, due to 40% slope encroachment and street design (knuckle) issues,
Engineering Department staff have not completely investigated engineering issues of
concern at this time. Additionally, in accordance with Issue No. 2 above, a decision must
be made by the applicant on which project they wish to proceed with (i.e., the previously
submitted tentative parcel map or this tentative map). Engineering issues will be
investigated upon re-submittal of the project once these items of concern are adequately
addressed.
January 22, 1997
KE1XY TCANCH
Mr. Evan Becker
Director of Housing & Redevelopment
City of Carlsbad
2965 Roosevelt Street, Suite B
Carlsbad, California 92008-2389
Re: Kelly Ranch - Affordable Housing
Dear Evan:
Thank you for meeting with me to discuss Kelly Ranch and various alternatives available
to satisfy the City's Inclusionary Housing Ordinance.
As we discussed, the "critical path" timeline has several key components that must be
coordinated to successfully develop Kelly Ranch. Each component is linked and must
occur within a finite time zone in order for the Kelly Ranch and Cannon Road corridor
to properly unfold.
The Big Picture
With the approval of the Lego project, the Cannon Road corridor has become a focus of
activity. Aided by other significant Carlsbad Ranch developments (i.e. Gemological
Institute; factory outlet shopping area, etc.), an enormous commercial effort is underway,
culminating with the opening of Lego in the first quarter of 1999.
Hillman Properties purchased the adjacent Kelly Ranch to develop as the probable
residential ingredient for the Cannon Road corridor. However, the economics of Kelly
Ranch are tied closely to cash flow requirements and timeframe schedule.
Following is a simplistic event sequence that explains the relationship of the timing
requirements:
• Kelly Ranch Village ' E' Tentative Map must be approved by June, 1997 in order
to consummate a merchant builder sale;
• The purchaser of Village 'E' will install (or pay a fee) for the installation of
Cannon Road along Village 'E' frontage (El Camino Real West 1,300 ft.);
• Master Tentative Map for Kelly Ranch must be approved in order for the
remainder of Cannon Road right-of-way to be released to the City. Kelly Family
holds a Purchase Note on the remainder of the property with Cannon Road right-
of-way as security. In order to pay-off the note, and thereby release the Cannon
Road right-of-way, a Master Tentative Map approval is necessary so as to support
the note pay-off financing.
I'Ai.oMAK AlKl'imi RoAl), Sum; 206, CAM SHAD, CA 92009 TI-I: |()I'J| Til-1 100 • I;AX: [610] 931-7950
Mr. Evan Becker
January 22, 1997
Page Two
• Both Village ' E' and the Master Tentative Map will require satisfaction of the
Inclusionary Housing Ordinance.
As you can see from my brief description, there is a definite need for the City's early
involvement to strategically plan and complete the events that will eventually lead to the
entitlement of Kelly Ranch and the construction of the Cannon Road corridor.
A meeting is being planned in February with Bridge Housing and Ben Golvin, to begin
the creation of an agreement with the City aimed at satisfying the "affordable"
requirement. It is my intent to establish an agreement with the City/Bridge Housing to
set in motion an affordable project within Kelly Ranch. The guidelines will be; (1) to
structure an agreement in such a way as to provide the City with proper security and
comfort so as to allow the Kelly Ranch subdivision mapping to proceed, having met the
conditions of providing affordable housing; and (2) to receive approval of the Affordable
Housing Agreement coincident with the Village 'E' Tentative Map (June, 1997).
Your early participation in helping us get the "ball rolling" is greatly appreciated.
I look forward to again being involved with the City of Carlsbad in the provision of
quality affordable housing.
Sincerely,
D. Larry Clemens
Vice President
cc: Raymond Patchett
Marty Orenyak
Michael Holzmiller
Christer Westman
Lloyd Hubbs
Curt Noland
Lydia Tan
Ben Golvin
Kelly\Becker.klk
MEMORANDUM
January 20, 1997
TO: ASSOCIATE PLANNER - CHRISTER WESTMAN
From: Associate Engineer - Michael J. Shirey
CT 96-07, CDP 96-13, HDP 96-13: KELLY RANCH VILLAGE "E"
COMPLETENESS REVIEW AND INITIAL ISSUES STATEMENT
Engineering Department staff have completed a review of the above-referenced project for
application completeness. The application and plans submitted for this proposed project
are currently incomplete and unsuitable for further review due to the following incomplete
items:
ENGINEERING COMPLETENESS ITEMS:
1. As in the "completeness" items for the minor subdivision for this property,
some of the same issues are still applicable and must be adequately
addressed/resolved in accordance with the following:
a) In researching other Adjustment Plats for this property reference is
made to a "Master Plan Assumption Agreement" (MPAG) regarding
transferring property ownership/development rights within the Master
Plan area. Has a MPAG been executed, is one in process? Please be
advised, that this is a major issue which must be addressed;
b) in accordance with a previous Adjustment Plat and Certificate of
Compliance, has an "offer of dedication" been processed for Cannon
Road and El Camino Real along the Master Plan frontage. Supply
documentation that this has been accomplished;
c) in accordance with a previous Adjustment Plat and Certificate of
Compliance, an agreement waiving and consenting to the creation of
a Facilities Impact Fee Program and an agreement to fund Cannon
Road West should have been executed. Supply documentation that
this has been accomplished;
2. After having various discussions with other engineers, and after researching
the Subdivision Map Act, staff has come to the conclusion that separate
mapping of the same piece of property (i.e., a tentative parcel map < Kelly
Ranch, Minor Subdivision > and tentative map < Kelly Ranch Village "E",
Major Subdivision >) cannot be conducted concurrently. Therefore, please
indicate which project will continue to go forward.
CT 96-07, CDP 96-13, HDP 96-13: KELLY RANCH VILLAGE "E" PAGE: 2
COMPLETENESS REVIEW AND INITIAL ISSUES STATEMENT
C. WESTMAN MEMO; JANUARY 20, 1997
3. Please add a table to the tentative map indicating the total quantity, and, the
classification of the lots (i.e., total number of residential, open space,
recreation lots, inclusionary housing lots/units etc.). There are both number
and letter designations for the proposed lots which have not been identified.
4. In accordance with planning department staff "completeness" item for the
proposed minor subdivision (MS) for this property, please indicate the
properties zoning under the General Notes. SP-83 is not a City zoning
designation.
5. Please add tentative map number: CT 96-07 to the upper right corner of the
tentative map.
6. In accordance with Item No. 5 above, also reference all other applications on
the cover sheet of the tentative map (i.e., CDP 96-13, HDP 96-13, PUD ## -
##, etc.).
7. In accordance with Item No. 6 above, please be advised, that a Planned Unit
Development (PUD) application must also be concurrently processed with the
other applications for this proposed project
8. Under the General Notes, add that the proposed project is located in Local
Facilities Management Plan (LFMP) Zone 8.
9. Please also submit the tentative map at a 1" = 40' scale for staff review
purposes.
10. Please indicate the percent gradient through all of the proposed intersections.
11. In accordance with Item No. 10 above, please provide street profiles for any
street having a gradient of 7% or greater.
12. Please indicate the percent gradient of proposed Cannon Road.
13. Please indicate the distances between all of the proposed street
intersections.
14. Is a Recreation Vehicle (RV) lot being proposed for this subdivision. If so,
where is it located? Also, indicate a preliminary functional design of any
proposed RV lot (at a scale of 1" = 40').
15. Please label the cross-sections of Cannon Road, "A"-"H" Streets and Frost
Street as public or private on the cover sheet of the tentative map.
16. Please indicate the locations of fire hydrants for proposed Frost Street.
CT 96-07, CDP 96-13, HDP 96-13: KELLY RANCH VILLAGE "E" PAGE: 3
COMPLETENESS REVIEW AND INITIAL ISSUES STATEMENT
C. WESTMAN MEMO; JANUARY 20, 1997
17. In accordance with Item No. 3 above, how is the applicant going to meet
their inclusionary housing requirements? (This information must be included
on the cover sheet of the tentative map.)
18. Please be advised, that easement verification could not be conducted
because the Preliminary Title Report (PR) that was submitted with the
application is not the same PR that is referenced in the Easement Notes, on
sheet 2 of 2 of the tentative map. The Easement Notes indicate First
American Title Insurance (FATI) PR policy number 1144027-15, and, the PR
that was submitted indicates FATI policy number 1145505-15. Additionally,
please indicate the future disposition of any and all easements in the
Easement Notes table.
19. Thank you for indicating the proposed import/export for the proposed
grading, however cut/fill information has not been provided. Is the existing
soil unsuitable for construction and 210,000cy of cut has to be exported?
Also, in accordance with Hillside Development Permit (HDP) requirements,
please indicate the amount of cy/acre of grading. The acceptable range for
grading is from 0 - 7,999 cy/ac. Additionally, does this balanced site grading
include Cannon Road full width grading? Under the General Notes, please
indicate the break down of the proposed grading quantities between the
actual site improvements and Cannon Road.
20. Lot No.'s 60, 61, 70 and 71, and, "G" and "H" Streets are proposed to be
developed within existing 40% slopes. This does not meet HDP
requirements and must be revised.
21. Please add the GS-15 Lot Drainage City Standard to the cover sheet and
indicate this standard as typical lot drainage. Please be advised, if 3'
drainage flow lines from structures are going to be proposed, documentation
from a registered soils engineer must be provided indicating that this design
is acceptable.
22. A traffic report was not submitted for this proposed project. Please indicate
if the proposed traffic generation for this project is less than or equal to the
traffic generation which was used for analysis in the Zone 8 traffic report for
this site. If the traffic generation is greater, then additional level of service
(LOS) analysis must be conducted by a qualified traffic engineer, to update
the Zone 20 Traffic Report. Additionally, some site specific traffic analysis,
also by a qualified traffic engineer, must be conducted. A traffic signal
warrant analysis must be conducted at the proposed Cannon Road/Frost
Street intersection.
CT 96-07, CDP 96-13, HDP 96-13: KELLY RANCH VILLAGE "E" PAGE: 4
COMPLETENESS REVIEW AND INITIAL ISSUES STATEMENT
C. WESTMAN MEMO; JANUARY 20, 1997
23. An on-site cul-de-sac issue exists for "F", "G", and "H" Streets. In
accordance with City Standards, please indicate an additional access point to
mitigate this deficiency or widen the proposed roadways to a 40' minimum
width.
24. Please indicate the proposed project's Average Daily Traffic (ADT) under the
General Notes on the tentative map cover sheet.
25. Planning Department staff have indicated that the proposed on-site curve-
linear street system may be revised to show a 90° knuckle design. This type
of design is potentially acceptable, given that the proposed knuckles meet
City Standards and sight distance requirements.
26. Please indicate California Department of Transportation (CalTrans)
Intersection Sight Distance sight lines at all of the proposed intersections,
both on the 1" = 100' and 1" = 40' scale tentative map cover sheet and map
sheets, respectively.
27. Please indicate the existing grading for Frost Street and the Shea Homes
project, within 100' of the Kelly Ranch Village "E" easterly project boundary
line.
28. The soils report which was submitted with the project application is for a
different project, albeit on the same property. Please be advised, that this
report must be updated by a registered soils engineer.
29. The legal description in the PR does not match the property boundary on the
cover sheet of the tentative map. Even though the separate parcels can be
identified, the metes and bounds descriptions must match, and, be shown on
the tentative map. Additionally, the southerly property line does not match
the metes and bounds description for Parcel No. 1. Also, the "Ownership
Boundary See Detail" note on the tentative map cover sheet is unacceptable.
Please verify, revise and show the entire legal description.
30. Please submit documentation, clarifying what is happening with the "Kelly
Homestead."
31. Please revise and/or address the General Notes on the tentative map cover
sheet, in accordance with the following:
Note No. 5: Submit documentation from a registered soils engineer
that 11/2:1 slopes are an acceptable side yard lot design.
CT 96-07, CDP 96-13, HDP 96-13: KELLY RANCH VILLAGE "E" PAGE: 5
COMPLETENESS REVIEW AND INITIAL ISSUES STATEMENT
C. WESTMAN MEMO; JANUARY 20, 1997
Note No. 6: Revise this note as follows: "Grading shown hereon is
preliminary and is subject to revisions made during the
final design process, in accordance with approval from
the City Engineer and Planning Director."
Note No. 8: Please delete the typographical error, "all lots to meet"
(or finish the sentence).
Note No. 9: Please delete Note No. 9 and re-number the General
Notes. Curve radii are not approximate at the tentative
map stage.
32. Please submit the "Concept Landscape Plan."
33. Due to numerous incomplete issues and since there is the potential for some
redesign of this project, due to 40% slope encroachment and street design
(knuckle) issues, Engineering Department staff have not completely
investigated engineering issues of concern at this time. Additionally, in
accordance with Issue No. 2 above, a decision must be made by the
applicant on which project they wish to proceed with (i.e., the previously
submitted tentative parcel map or this tentative map). Engineering issues
will be investigated upon re-submittal of the project once these items of
concern are adequately addressed.
34. Attached is a red-lined check print of the project for the applicant's use in
making the requested revisions. This check print must be returned with the -
project revisions to facilitate continued staff review.
If you or the applicant have any questions, please either see or contact me at extension
4388.
MICHAEL J. SHIF
Associate Engineer ^-tand Use Review
Attachment
December 23, 1996
TO: Community Development Director
City Engineer
Planning Director
FROM: Don Rideout, Senior Management Analyst
ZONE PLAN CONDITIONS AND REQUIREMENTS FOR PROPOSED KELLY RANCH
PARCEL MAP
In follow-up to the discussion at our last staff meeting, I have researched the conditions
of approval that would apply to the proposed parcel map for the Kelly Ranch Zone 8
property. A copy of the Special Conditions from the LFMP is attached.
A number of conditions must be satisfied prior to approval of the first final map within
the zone, and these would apply to the parcel map. The primary requirement is that a
Financing Plan be approved by the City. We have a template for Financing Plan
documents, and the recently adopted Zone 18 Financing Plan is one good example.
The following are specific, major conditions that would have to be addressed in the
Financing Plan and satisfied prior to final map.
• Parks - the zone is required to provide a letter of credit for $770,500 for
development of park facilities.
• Circulation - the zone is required to provide a financial guarantee for Reaches 1
and 2 of Cannon Road.
• Schools - the zone is required to enter into an agreement with CUSD to dedicate a
school site and provide a financing plan for school facilities.
The LFMP for Zone 8 is old, and portions of it are now obsolete. Some of the above
conditions may no longer be necessary or applicable, and new conditions may be
needed. To modify the conditions would require a LFMP amendment which could
update the zone plan and address changed circumstances such as the proposed parcel
map.
Although such an update is possible and would be beneficial, it would raise other
issues that might be more difficult to resolve. For example, is the approved Kelly Ranch
Master Plan going to remain in effect or will it change as a result of the proposed parcel
map? The approved LFMP is based on the development assumptions outlined in the
approved Master Plan. If the Master Plan will change as a result of the proposed parcel
map, what development assumptions would we use for the LFMP?
December 23, 1996
Page 2
The above issues and questions suggest that serious consideration be given to the
Growth Management requirements in the completeness review of the proposed parcel
map. My recommendation is that the application be found incomplete until these
questions are resolved.
Marty has suggested that we consolidate our comments on the parcel map into one
letter. If you have comments, please send them to me and I will draft a response.
EXHIBIT 5
SPECIAL CONDITIONS FOR ZONE 8
LFMP 88-8
AS OF DECEMBER 21, 1988
CITY ADMINISTRATIVE FACILITIES
No special conditions are necessary at this time.
LIBRARY
No special conditions are necessary at this time.
WASTEWATER TREATMENT, CAPACITY
The following actions shall be pursued jointly by each sewer
district to ensure adequate wastewater treatment capacity through
the year 2000:
1. Monitor Encina treatment plant flows on a monthly basis to
determine actual flow rates and to have an early warning of
capacity problems.
2. Actively pursue acceleration and phasing of treatment plant
Phase IV expansion to provide adequate capacity.
3. The six member agencies shall form an agreement to maximize
the utilization of available treatment capacity at Encina
WPCF.
PARKS
1. All development in Zone 8 shall pay Park-in-Lieu Fees and
Public Facility Fees for Park District 1.
2. Prior to the recordation of the first final map, issuance of
a grading permit or building permit, whichever occurs first
within Zone 8, a Parks Agreement shall be required to
include the following provisions:
a. A letter of credit or other secured financing
acceptable to the City in the amount of $770,500
guaranteeing the construction of 6.7 acres of parkland,
from a financial institution and upon terms and
conditions acceptable to the Finance Director and City
Attorney, shall be provided at the time this agreement
is executed.
14
b. Park operating costs shall be provided either through a
letter of credit or other secured financing from a
financial institution and upon terms and conditions
acceptable to the Finance Director and City Attorney,
or the establishment of a Park District 1 Growth
Management Fee that would cover the operating costs for
the Park. The amount of the costs and the time for
which the developers in Park District 1 would be
responsible for these costs shall be provided for
within the Parks ^Agreement.
c. The Parks Agreement shall be consistent with the
requirements of the City's Growth Management Program.
d. The Parks Agreement shall provide mechanisms for
reimbursements, Park-In-Lieu fee credits and/or PFF
credits.
3. No residential development will be allowed after 1992 unless
actions have been taken to construct additional park
facilities.
DRAINAGE
1. Prior to the recordation of any final map, issuance of
grading permit or building permit, whichever occurs first
within Zone 8, the developer(s) -shall be required to:
a. Pay any drainage area fees established in the
current Drainage Master Plan; and
b. Execute an agreement to pay any drainage area fees
established in the forthcoming revised Master
Drainage Plan.
2. Prior to the recordation of any final map, issuance of
grading permit or building permit, whichever occurs first
within Zone 8, the developer(s) must provide the City with a
financing mechanism guaranteeing the construction of the
necessary drainage facilities required to serve the proposed
development to the satisfaction of the City Engineer.
15
Specifically, these facilities shall include the following:
Location/Facility
Area A;
1. 54" Storm Drain
2. 36" Storm Drain
3. Desiltation Basin
Area E:
1. 30" Storm Drain
Area I;
1. 36" Storm Drain
2. 30" Storm Drain
Area J:
1. 30" Storm Drain
Area O;
1. 30" Storm Drain
Area 0;
1. Desiltation Basin
3. Prior to the development of Macario Canyon Park, funding of
the following improvements shall be guaranteed:
Location/Facility
Macario Canyon Park:
1. Open Channel 7' deep
2. 72" Storm Drain
3. 54" Storm Drain
CIRCULATION
1. An on-going monitoring program shall be established to
evaluate the aspects of improvements, development, and
demand on circulation facilities. The required timing of
improvements is based upon the projected demand of
development in the zone and the surrounding region. This
timing may be modified without amendment to this plan,
however, any deletions or additions to the improvements will
require amending this local plan.
2. Prior to the recordation of any final map, issuance of
grading permit or building permit, whichever occurs first in
Zone 8, detailed intersection graphics depicting existing
and build out conditions shall be submitted and approved to
the satisfaction of the City Engineer. The required
16
intersection graphics are for those intersections identified
as being impacted by 20% or more of traffic generated from
this zone. These impacted intersections are identified in
Appendix E.
Prior to the recordation of any final map, issuance of
grading permit or building permit, whichever occurs first in
Zone 8, a comprehensive financing program guaranteeing the
construction of the following circulation improvements must
be adopted:
A. Improvements Needed Now
None
B. Improvements Needed by 1990
1. Construction of Cannon Road to half width Major
Arterial standards from El Camino Real to Paseo
Del Norte to include the following:
a. Grade to Major Arterial standards
b. Two full travel lanes
c. . Fully landscaped median
d. Intersection improvements including
installation of traffic signals at:
(1) El Camino Real and Cannon Road
(2) Cannon Road and Paseo Del Norte
Estimated Cost: $10,850,000
Completion Date: 1990
2. Installation of a traffic signal at the Cannon
Road/I-5 off-ramp intersections.
Estimated Cost: $120,000
Completion Date: 1990
3. Construction of dual left turn lanes at Cannon
Road and 1-5 Northbound and Southbound.
Estimated Cost: $93,000
Completion Date: 1990
17
C. Improvements Needed By 1995
Construction of Cannon Road to full width Major
Arterial between Paseo Del Norte and El Camino Real.
Estimated Cost: $1,728,000
Completion Date: 1995
D. Improvements Needed By 2000
None
E. Improvements Needed By Build Out
None
FIRE
No special conditions are necessary at this .time.
OPEN SPACE
No special conditions are necessary at this time.
SCHOOLS
Prior to the recordation of any residential final map, issuance
of grading permit or building permit, whichever occurs first, in
Zone 8, an agreement shall be entered into between Carlsbad
Unified School District and the affected property owner(s) that
shall provide for the following:
1. The deeding of an acceptable school site to the Carlsbad
Unified School District if it is determined by the District
a school within Zone 8 is warranted.
2. A financing plan approved by the City and Carlsbad Unified
School District guaranteeing the construction of necessary
elementary school facilities in Zone 8 pursuant to condition
#1.
If any reimbursements and/or school fee credits are to be given,
the school agreement/financing plan shall provide a mechanism to
do so.
18
SEWER COLLECTION SYSTEM
1. No special conditions are required for Planning Areas "A"
and "C" in the Kelly Ranch portion of Zone 8.
2. Special Conditions (except for Planning Areas "A" and "C")
are as follows:
a. Prior to the recordation of any final map, issuance of
grading permit or building permit, whichever occurs
first in Zone 8, a financing program guaranteeing the
construction of the South Agua Hedionda Interceptor
from El Camino Real to the Vista-Carlsbad Interceptor
must be approved by the City.
b. Prior to issuance of any building permits in Zone 8,
the City Engineer shall make a finding that the South
Agua Hedionda Interceptor will be in place and
operational to serve development within Zone 8.
c. Prior to the recordation of any final map, issuance of
grading permits or building permits, whichever occurs
first in Zone 8, a financing program guaranteeing the
construction of the necessary sewer collection system
to serve the proposed development area must be approved
by the City.
WATER DISTRIBUTION SYSTEM
1. Prior to the recordation of any final map, issuance of a
grading permit or building permit, whichever occurs first in
Zone 8, the developers shall dedicate the Evans Point
Reservoir site and appropriate easements to the Costa Real
Municipal Water District to the satisfaction of the District
Engineer.
If this site has been previously purchased by another
developer for the purpose of dedication to the Costa Real
Municipal Water District, reimbursement of all costs
associated with the acquisition of the site and appropriate
easements shall be made to that developer prior to the
recordation of the first final map, issuance of a grading
permit or building permit, whichever occurs first in Zone 8.
2. All development within Zone 8 shall pay the appropriate
connection fee as required by the Costa Real Municipal Water
District.
19
3. Prior to the recordation of a final map, issuance of a
grading permit or building permit, whichever occurs first in
Zone 8, a financing mechanism guaranteeing the construction
of the following water facilities shall be approved:
Facility
Location
Area E
Area F
Area G
Area H
Area I
Area J
Area K
Area L
Area M
Area N
Area O
Area P
Area Q
Area R
Macario Canyon
Facility
14"
14"
14"
10"
14"
10"
10"
10"
10"
10"
10"
10"
10"
10"
10"
10"
Water
Water
Water
Water
Water
Water
Water
Water
Water
Water
Water
Water
Water
Water
Water
Water
Main
Main
Main
Main
Main
Main
Main
Main
Main
Main
Main
Main
Main
Main
Main
Main
Length
(feet)
2,400
800
1,200
400
700
500
550
850
600
500
300
400
800
250
400
350
12" Water Main 2,400
20
^^ i S ',(\>UA?t
City of Carlsbad
Planning Department
December 20, 1996
D.L. Clemens
Kelly Land Company
2011 Palomar Airport Road, Suite 206
Carlsbad, CA. 92009
SUBJECT: CT 96-07/CDP 96-13/HDP 96-13 Kelly Ranch - Village "E"
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your development applications no. CT 96-077 CDP 96-137 HDP
96-13, as to their completeness for processing.
The applications are incomplete, as submitted. Attached is a list. The list contains
information which must be submitted to complete your application. This list of items must
be submitted directly to your staff planner by appointment. All list items must be
submitted simultaneously and a copy of this list must be included with your submittals. No
processing of your applications can occur until the applications are determined to be
complete. When all required materials are submitted the City has 30 days to make a
determination of completeness. If the applications are determined to be complete,
processing for a decision on the applications will be initiated. In addition, please note that
you have six months from the date the applications were initially filed, November 20,
1996, to either resubmit the applications or submit the required information. Failure to
resubmit the applications or to submit the materials necessary to determine your
applications complete shall be deemed to constitute withdrawal of the applications. If
applications are withdrawn or deemed withdrawn, new applications must be submitted.
Please contact your staff planner, Christer Westman, at (619) 438-1161, extension 4448,
if you have any questions or wish to set up a meeting to discuss the applications.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:CW:bh
c: Gary Wayne
Adrienne Landers
Bobbie Hoder
Bob Wojcik
File Copy
Data Entry
Planning Aide
2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (61 9) 438-O894
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
No. CT 96-07/CDP 96-13/HDP 96-13 KELLY RANCH - VILLAGE "E"
Planning:
The subdivision boundaries do not fully coincide with the Planning Area "E" boundaries
established by the Kelly Ranch Master Plan. Therefore, either the tentative map should be
redrawn to reflect the master plan and resubmitted or a Master Plan Amendment and
possibly a Local Coastal Program Amendment must be submitted for concurrent
processing.
City of Carlsbad
Engineering Department
December 18, 1996
DL CLEMENS
KELLY LAND COMPANY
2011 PALOMAR AIRPORT ROAD SUITE 206
CARLSBAD CA 92009
MS 96-10: KELLY RANCH MINOR SUBDIVISION
Thank you for applying for Land Use Permits in the City of Carlsbad. Engineering
Department staff have reviewed the Tentative Parcel Map, Application No. MS 96-10, as
to its completeness for processing and have determined that the application is
incomplete, as submitted. No processing of your application can occur until the
application is determined to be complete. When all required materials are submitted the
City then again has 30 days to make a determination of completeness. If the application
is determined to be complete, processing for a decision on the application will be
initiated. Additionally, please note that you have six months from the date the
application was initially filed, to submit the required information. Failure to submit the
materials necessary to determine if the application is complete shall be deemed to
constitute withdrawal of the application. If an application is withdrawn or deemed
withdrawn, a new application must be submitted. Items required to make a complete
application are as follows:
ENGINEERING COMPLETENESS ITEMS:
1. In researching other Adjustment Plats for this property reference is made
to a "Master Plan Assumption Agreement" (MPAG) regarding transferring
property ownership/development rights within the Master Plan area. It is
staff's understanding that a property owner to the south of this proposed
project intends to purchase and develop proposed Parcel 4. Has a MPAG
been executed, is one in process? Please be advised, that this is a major
issue which must be addressed.
2. In accordance with a previous Adjustment Plat and Certificate of
Compliance, has an "offer of dedication" been processed for Cannon
Road and El Camino Real along the Master Plan frontage. Supply
documentation that this has been accomplished.
3. In accordance with a previous Adjustment Plat and Certificate of
Compliance, an agreement waiving and consenting to the creation of a
Facilities Impact Fee Program and an agreement to fund Cannon Road
West should have been executed. Supply documentation that this has
been accomplished.
2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894
MS 96-10: KELLY RANCH MINOR SUBDIVISION PAGE: 2
COMPLETENESS REVIEW
D.L. CLEMENS LETTER; DECEMBER 18, 1996
4. Classification of the proposed parcels as to the intended future use must
be placed on the tentative parcel map (TPM).
5. Please place Minor Subdivision MS 96-10 in the upper right hand corner
of the TPM.
6. There are some existing structures on this property, they must be
indicated on the TPM.
7. The entire legal description, in accordance with the Preliminary Title
Report (PR), must be included on the TPM. The entire property boundary
must be indicated in accordance with the PR. This may include adding
some sheets to the TPM.
8. All existing and proposed property boundary bearings and distances must
be indicated on the TPM. Therefore, please add the bearings for the
northerly property line for proposed Parcel 1.
9. Access to adjacent property must be shown (especially along the easterly
property line of proposed Parcel 4). Are there not newly constructed
streets at the terminus of the Evans Point project? Also is there any
existing and or proposed access to the south of proposed Parcel 4, at the
Kirgiss property?
10. Is any grading being proposed at this time? If not, please indicate under
the General Notes of the TPM that there will be no grading.
11. In researching the Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Maps (FIRM), It seems that a 100-Year flood line may run
through a portion of this property. Please verify whether or not the 100-
Year flood line does run through a portion of this property. If it does then
please plot the 100-Year flood line on the TPM. If it does not, then
provide documentation verifying that it does not run through this
property.
MS 96-10: KELLY RANCH MINOR SUBDIVISION PAGE: 3
COMPLETENESS REVIEW
D.L. CLEMENS LETTER; DECEMBER 18, 1996
PLANNING COMPLETENESS ITEMS:
1. The requested action requires a Master Plan Amendment and Local Coastal
Program Amendment to be processed either prior to or concurrently with the
request. This is because the proposed subdivision lines do not fully coincide
with the planning areas established by the Kelly Ranch Master Plan.
2. The requested action is defined as "development" within the Local Coastal
Plan and requires the concurrent processing of a Coastal Development
Permit.
3. The General Notes identifies the "Existing" and "Proposed" Zoning as SP-83
which is not a recognized zoning designation.
4. The title block identifies the project as "Kelly Ranch Area E". The project is
actually for more than one of the Kelly Ranch planning areas.
If you have any questions regarding engineering items, please contact me at
telephone 438-1 161, extension 4388. If you have any questions regarding planning
items, please contact Associate Planner, Christer Westman at extension 4448.
^^^--^MICHAEL<J. SH1REY .^
Associate Engineer^-kami Use Review
Attachment
c: City Engineer
Assistant City Engineer
Assistant Planning Director
Principal Civil Engineer - Land Use Review
Associate Planner - C. Westman
City of Carlsbad
Planning Department
Decembers, 1996
Kirk McKinley
1818 First Avenue Suite 200
San Diego, CA. 92101
SUBJECT: CT 96-07 KELLY RANCH VILLAGE "E"
Dear Mr. McKinley:
As a follow-up to our conversation regarding the separation of structures section of the Planned
Development Ordinance [Section 21.45.090(b)(5)], I brought the question to our weekly staff
meeting. The application of the section is as follows:
In Planned Unit Developments, whenever there are more than ten structures in a row along a
given road, the separation between those structures shall be ten (10) feet between single story
structures; fifteen (15) feet between single and two story structures; and twenty (20) feet between
two story structures.
This separation shall be applied to any design that has more than ten structures in a row. Mixing
single story and two story structures does not negate the separation requirements. The small lot
guidelines do not take the place of the separation requirements but are in addition to the
separation requirements.
Although it is not an option offered by the Ordinance, the use of "Drop-a-lot" has been accepted
as a means to reduce the number of lots in a row to ten or less.
Should you have any further questions, please contact me at (619) 438-1 161 extension 4448.
Sincerely;
CHRISTER WESTMAN
Associate Planner
CW:kr
2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894
arlsbad Unified School District
801 Pine Avenue • Carlsbad, CA 92008
(619) 729-9291 • FAX (619)729-9685 ...a world class district
November 1, 1996
State of California
Department of Real Estate
107 South Broadway, Room 7111
Los Angeles, Ca. 90012
Re: Project Name: Kelly Ranch
Developer: Hillman Properties/Kelly Land Company, Inc.
Cross Streets: Cannon Rd. & El Camino Real (Zone 8)
Project Size: 140 Single Family Homes - APN # 208-101-12 and 208-020-30, -33, -34, -35
Carlsbad Unified School District has reviewed the above project and its impact on school attendance areas in
this District. At this time, the schools of attendance for this project are:
Kelly Elementary School (K-6)
4885 Kelly Drive
Carlsbad, Ca. 92008
(619) 434-0627
Valley Junior High School (7-8)
1645 Magnolia Avenue
Carlsbad, Ca. 92008
(619) 434-0602
Carlsbad High School (9-12)
3557 Monroe Street
Carlsbad, Ca. 92008
(619) 434-1726
The Governing Board wishes to advise the Department of Real Estate and residents of Carlsbad that at
present the Carlsbad Unified School District elementary schools are operating at full capacity. It is possible,
therefore, that the students generated from this project may not attend the closest neighborhood school due
to overcrowded conditions and, in fact, may attend school across town. You should also be aware that there
are no school buses for regular student transportation from home to school.
The Governing Board wishes to also inform you that conditions imposed upon new development within the
City of Carlsbad requires mitigation of school impacts.
Sincerely,
H. Blair
"Assistant Superintendent, Business Services
c: Developer
Carstftd
Municipal Water District
5950 El Camino Real, Carlsbad, CA 92008
Engineering: (619)438-3367
Administration: (619) 438-2722
FAX: 431-1601
Novembers, 1996
Pam Whitcomb
Community Services Manager
Hillman Properties West, Inc.
2011 Palomar Airport Road, Suite 206
Carlsbad, California 92008
Re: Water and Sewer Availability Letter for Kelly Ranch Proposed 140 Lot
Subdivision - Project Site Area "E", CMWD Project No. 85-311
Dear Pam:
The subject property is located within the Carlsbad Municipal Water District and the
City of Carlsbad service areas. Water service and sewer service can be made
available to subject project at the time applications for services are completed. The
Developer shall be responsible for all fees, deposits and charges including the San
Diego County Water Authority capacity charge.
The applicant shall meet the conditions of the City of Carlsbad Master Plan of
Sewerage, 1992, or as amended, the Carlsbad Municipal Water District Water Master
Plan, 1990, or as amended, and the City of Carlsbad Local Facilities Management
Zone Plan. All work to be in accordance with the City's and the District's Standards
and Specifications.
Sincerely,
CARLSBAD MUNICIPAL WATER DISTRICT
WILLIAM E. PLUMMER, P.E
District Engineer
WEP:sjs
CMWD 85-311
"Serving Carlsbad for over 40 years"
Recording Requested By
and
When Recorded Return To:
TWs Instrument is certified to be a true and
HECHT, SOLBERG, ROBINSON & GOLDBERG LLP exact copy of that certain instrument recorded
Ms. Susan L. Daly m ....... '•*//£/$? ......... as Fi!* *tfk'£
600 West Broadway, Eighth Floor office of the Cofey Recorder of San Diego County',
San Diego, California 92101 F(RST AMERICAN TITLE INSURANCE
honzed Signature
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
CANTERBURY
PLANNED UNIT DEVELOPMENT
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TABLE OF CONTENTS
PAGE
RECITALS 1
ARTICLE 1 DEFINITIONS 2
1.1 Annexation Property 2
1.2 Articles 2
1.3 Association 2
1.4 Board 2
1.5 Bylaws 2
1.6 City 2
1.7 Common Area 2
1.8 Common Maintenance Area 2
1.9 Declarant 2
1.10 Declaration 2
1.11 Lot 3
1.12 Member 3
1.13 Mortgage 3
1.14 Mortgagee 3
1.15 Owner 3
1.16 Phase 3
1.17 Properties 3
1.18 Purchaser 3
ARTICLE II PROPERTY RIGHTS IN COMMON AREA 3
2.1 Title to Common Area 3
2.2 Owners' Easements of Enjoyment 3
2.3 Delegation of Use 4
ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION 5
3.1 Membership 5
3.2 Voting Rights 5
3.3 Approval By Each Class of Members 5
ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS TO ASSOCIATION 5
4.1 Creation of Lien and Personal Obligation for Assessments 5
4.2 Purpose of Assessments 6
4.3 Limitation on Regular and Special Assessments 6
4.4 Individual Assessments 7
4.5 Uniform Rate of Assessment 7
4.6 Date of Commencement of Regular Assessments; Due Dates 7
4.7 Effect of Non-Payment of Assessments; Remedies of Association 7
4.8 Schedule of Monetary Penalties 8
4.9 Treatment of Monetary Penalty 8
4.10 Subordination of the Lien to First Mortgages 8
4.11 Estoppel Certificate 8
4.12 Personal Liability of Owner 9
4.13 Exempt Property 9
4.14 Model Residences 9
4.15 Assessments Levied By City 9
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ARTICLE V
PAGE
GOVERNMENTAL REGULATIONS 9
ARTICLE VI ARCHITECTURAL CONTROL 10
6.1 Architectural Committee 10
6.2 Committee Approval 10
6.3 Approved Conditions 10
. \6.4 Notification 11
6.5 Waiver 11
6.6 No Liability 11
6.7 Design Criteria 11
6.8 Variances 11
6.9 Committee Guidelines 12
6.10 Enforcement 12
6.11 Declarant Exemption 12
ARTICLE VII USE RESTRICTIONS 12
7.1 Antennae 12
7.2 Nuisances 13
7.3 Exterior Maintenance and Repair; Owner's Obligations 13
7.4 Drainage 13
7.5 Water and Sewer Systems 13
7.6 No Hazardous Activities 13
7.7 Unsightly Articles 14
7.8 Temporary and Prefabricated Structures 14
7.9 Mining and Drilling 14
7.10 View Impairment 14
7.11 Residential Use 14
7.12 Residential Area Improvements 15
7.13 Landscaping 15
7.14 Parking and Vehicular Restrictions 16
7.15 Further Subdivision 17
7.16 Animals 17
7.17 Signs 17
7.18 Trees 18
7.19 Slope Control, Use and Maintenance 18
7.20 Sight Distance Corridors 18
7.21 Common Walls and Fences 18
7.22 Outdoor Lighting 18
7.23 Easement Reservations 19
7.24 Open Space Easements 19
7.25 Recreational Common Area Lots 20
7.26 Post-Tension Slabs 20
7.27 Lots Affected By Building Setback and Brush Management
Requirements 20
7.28 Lots Affected By Building Setback Requirements 20
7.29 Limitation on Basketball Hoops 20
7.30 Limitation on Play Structures 21
7.31 Sidewalk Trail Easement 21
7.32 Window Coverings 21
7.33 National Pollutant Discharge Elimination System Requirements 21
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PAGE
ARTICLE VIII INSURANCE AND CONDEMNATION 21
8.1 Insurance 21
8.2 Condemnation 23
ARTICLE IX COMMON AREA AND COMMON MAINTENANCE AREA;
MAINTENANCE RESPONSIBILITIES 23
9.1 Common Area 23
9.2 Common Maintenance Area 23
9.3 Association Maintenance 24
9.4 Drainage Facilities and Maintenance Program 25
9.5 Owner Maintenance 25
9.6 Maintenance of Walls and Fences 26
9.7 Association's Right to Repair Neglected Lots 26
9.8 Maintenance By City 26
9.9 Use of Proceeds To Repair 27
ARTICLE X ANNEXATION 27
10.1 By Association 27
10.2 By Declarant 27
ARTICLE XI RIGHTS OF LENDERS 27
11.1 Payments of Taxes or Premiums by First Mortgagees 27
11.2 Priority of Lien of Mortgage 28
11.3 Curing Defaults 28
11.4 Approval of First Mortgagees 28
11.5 Restoration of Common Area 28
11.6 Professional Management 28
11.7 Notice to Mortgagees 29
11.8 Documents to be Available 29
11.9 Conflicts 29
ARTICLE XII GENERAL PROVISIONS 29
12.1 Enforcement 29
12.2 Severability 29
12.3 Amendments 30
12.4 Extension of Declaration 31
12.5 Encroachment Easement 32
12.6 Special Responsibilities of Association 32
12.7 Attorneys' Fees 33
12.8 Notice of Actions Against Declarant 33
12.9 Declarant Dispute Notification and Resolution Procedure; Waivers ... 34
12.10 Limitation of Restrictions on Declarant 38
12.11 No Interference With City Ordinances 39
12.12 Conflict Of Provisions 39
12.13 Documents Provided To Prospective Purchasers 39
EXHIBITS:
"A":
"B":
Annexation Property
Common Maintenance Area for Phase 1
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DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
CANTERBURY
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
CANTERBURY ("Declaration") is made as of September 2, 1999, by SHEA HOMES LIMITED
PARTNERSHIP, a California limited partnership ("Declarant"), with reference to the following:
RECITALS:
A. Declarant is the owner of the real property located in the City of Carlsbad, County
of San Diego, California, described as:
Lots 56, 57, 58, 95 through 108, inclusive, 112 through 118, inclusive,
126 through 130, inclusive, and 150 of CARLSBAD TRACT NO. 96-07-03
KELLY RANCH VILLAGE E according to Map thereof No. 13715 ("Final
Map") filed in the Office of the County Recorder of San Diego County,
California, on December 31, 1998 ("Phase 1").
B. Lots 56, 57, 58, 95 through 108, inclusive, 112 through 118, inclusive, and 126
through 130, inclusive, are residential Lots (as such term is defined in this Declaration) and lot
150 is Common Area (as such term is defined in this Declaration).
C. The real property described in Exhibit "A" attached to this Declaration is the
"Annexation Property".
D. It is planned to develop Phase 1, and those portions of the Annexation Property
which are annexed to this Declaration pursuant to this Declaration, as a Common Interest
Development described in §1351(k) of the California CIVIL CODE as a "Planned Development"
consisting of approximately one hundred forty-four (144) single-family detached homes, together
with ten (10) Common Area lots as described in this Declaration and in declarations of annexation
for subsequent Phases (as such term is defined in this Declaration) of the Annexation Property.
The Common Areas are planned to include five (5) recreation lots and five (5) open space lots.
The recreation lots are planned to include two (2) par courses, volleyball courts, a picnic area,
a rose garden, and two (2) tot lots. Two of the open space lots are planned to include a
meandering sidewalk trail. The development will be consistent with the overall development
plan submitted to and approved by the City of Carlsbad.
E. The Planned Development is planned to be constructed in Phases. Declarant
reserves the right during the development of the Properties (as such term is defined in this
Declaration) to change the design, size, type and price of the homes to be built on the Properties.
F. The owners of residential lots will be members of CARLSBAD CANTERBURY
ASSOCIATION, a California nonprofit mutual benefit corporation ("Association"). The Association
will own and maintain the Common Area and will maintain portions of some residential Lots
and certain adjacent property ("Common Maintenance Area").
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G. Before selling any of the residential Lots, Declarant wishes to impose on each
the following plan of covenants, conditions and restrictions.
NOW, THEREFORE, Declarant hereby certifies and declares and does hereby establish
the following general plan for the protection and benefit of Phase 1, and has fixed and does
hereby fix the following protective covenants, conditions and restrictions upon each and every
ownership interest in the real property described as Phase 1 and, upon annexation, each
subsequent phase of the Annexation Property, under which covenants, conditions and restrictions
each ownership interest shall be held, used, occupied, leased, sold, encumbered, conveyed and/or
transferred. Each and all of the covenants, conditions and restrictions are for the purpose of
protecting the desirability of the real property described as Phase 1 and, upon annexation, each
subsequent phase of the Annexation Property, and shall run with and be binding upon and pass
with the real property and each and every ownership interest therein and shall inure to the benefit
of, apply to and bind the respective successors in title or interest of Declarant. The Annexation
Property shall not be subject to this Declaration unless and until the Annexation Property or
any portion thereof is annexed to this Declaration and to the jurisdiction of the Association
pursuant to Article X of this Declaration.
ARTICLE I
DEFINITIONS
1.1 "Annexation Property" — All of the real property described in Exhibit "A" attached
to the Declaration, including all improvements constructed thereon, which may be annexed to
the Properties.
1.2 "Articles" — The Articles of Incorporation of the Association.
1.3 "Association" - CARLSBAD CANTERBURY ASSOCIATION, a California Nonprofit
Mutual Benefit Corporation.
1.4 "Board" — The Board of Directors of the Association.
1.5 "Bylaws" — The Bylaws of the Association.
1.6 "City" — The City of Carlsbad, California.
1.7 "Common Area" — All real property owned in fee by the Association. Common
Area may also include portions of any Annexation Property annexed to the Declaration from
time to time and designated as Common Area by Declarant.
1.8 "Common Maintenance Area" — Those portions of Lots and other real property
(other than Common Area), the maintenance of which is the responsibility of the Association
as provided in the Declaration or by easement or agreement.
1.9 "Declarant" - SHEA HOMES LIMITED PARTNERSHIP, a California limited
partnership, its successors and assigns, if such successor or assign should acquire more than
five (5) Lots for the purpose of development, and the rights of "Declarant" are assigned to them.
1.10 "Declaration" —This Declaration of Covenants, Conditions and Restrictions for
Canterbury.
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1.11 "Lot" — Any plot of land shown as a separate lot or parcel upon any recorded
Final Map or Parcel Map of any portion of the Properties, with the exception of the Common
Area.
1.12 "Member" — An Owner who is entitled to membership in the Association as
provided in the Declaration.
1.13 "Mortgage" — A Deed of Trust as well as a mortgage encumbering a Lot.
1.14 "Mortgagee" — The beneficiary of a Deed of Trust as well as the mortgagee of
a Mortgage.
1.15 "Owner" — The record owners, whether one or more persons or entities, of fee
simple title to any Lot, including contract sellers, but excluding those having such interests merely
as security for the performance of an obligation.
1.16 "Phase" — That portion of the Properties which is described as a separate phase
on a Final Subdivision Public Report issued by the California Department of Real Estate.
1.17 "Properties" — The real property described as Phase 1, and such additional real
property as may be annexed to the Declaration and brought within the jurisdiction of the Associa-
tion.
1.18 "Purchaser" — Any Owner of a Lot who acquires a Lot from Declarant for the
Owner's own use. Purchaser does not include any transferee of Declarant in connection with
a reorganization or restructuring of Declarant or who is designated as a Declarant under the
provisions of this Declaration.
ARTICLE II
PROPERTY RIGHTS IN COMMON AREA
2.1 Title to Common Area. Declarant will convey fee simple title to the Common Area,
if any, in each Phase to the Association prior to the first conveyance of a Lot in that Phase to
a Purchaser free and clear of all monetary encumbrances and liens, except real property taxes
and assessments which may be due but are not delinquent, and easements, covenants,
conditions, reservations and other exceptions to title then of record, including those set forth
in the Final Map of which the Common Area is a part and in the Declaration.
2.2 Owners' Easements of Enjoyment. Each Owner shall have a right and easement
of ingress, egress and of enjoyment in and to the Common Area which shall be appurtenant
to and shall pass with the title to the Owner's Lot, subject to the following provisions:
(a) The right of the Association to suspend the voting rights and right to use
of any recreational facilities on the Common Area by an Owner for any period during
which any Association assessment against his Lot remains unpaid; and for a period not
to exceed thirty (30) days for any infraction of the published rules and regulations of
the Association. No suspension shall be effective unless the Owner has been given fifteen
(15) days prior notice of the suspension and the reasons therefor and the Owner has
been given an opportunity to be heard by the Board, orally or in writing, not fewer than
five (5) days prior to the effective date of the suspension. Notice may be given to the
Owner by any method reasonably calculated to provide actual notice, but if given by
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mail must be given by first-class or registered mail sent to the last address of the Owner
shown on the records of the Association.
(b) The right of the Board to dedicate or transfer all or any part of the Common
Area to any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed to by the Board. No dedication or transfer of all or substantial-
ly all of the assets of the Association shall be effective unless approved in accordance
with the California CORPORATIONS CODE.
(c) The right of the Board, in accordance with the Articles and Bylaws, to
borrow money for the purpose of improving the Common Area and, with the assent of
two-thirds (%) of each class of Members, hypothecate the Common Area.
(d) The right of access, ingress and egress of Owners over the Common Area
and the right of installation and use of utilities on the Common Area for the benefit of
Lots, subject to rules and regulations adopted by the Board.
(e) The right of the Board to grant maintenance, access and utility easements
over the Common Area to others and to convey portions of the Common Area to others.
(f) The right of the Board to adopt rules and regulations relating to the use
of the Common Area and the governance of the Properties.
(g) Restrictions on use of the Common Area imposed by the City in connection
with the City approvals described in Article V of the Declaration.
(h) Subject to the obligation to restore and repair any damage, Declarant and
its sales agents, employees and independent contractors shall have:
(i) A non-exclusive easement over the Common Area for the purpose
of making repairs to the Common Area, and for the purpose of access for
constructing, marketing and maintaining the Properties, including all Phases of
the Properties and Annexation Property; and
(ii) The right to the non-exclusive use of the Common Area for the
purpose of maintaining sales offices and signs reasonably necessary to market
the Lots to the public for a period of not more than five (5) years after conveyance
of all of the Common Area to the Association, or the sale of all Lots within the
Properties and Annexation Property to Purchasers, whichever is first to occur.
The use of the Common Area by Declarant and its agents shall not unreasonably
interfere with the use of the Common Area by the Class A Members of the
Association.
2.3 Delegation of Use. Any Owner may delegate, in accordance with the Bylaws,
his rights with respect to use of the Common Area and facilities to the members of his family,
his tenants or contract purchasers who reside on his Lot. However, the Common Area is intended
to be maintained as open spaces without any active recreational facilities, and access to the
Common Area by Owners will be limited.
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ARTICLE III
--^
MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION
3.1 Membership. Every Owner of a Lot which is subject to assessment by the
Association shall be a Member of the Association. Membership is appurtenant to and may not
be separated from ownership of a Lot.
3.2 Voting Rights. The Association shall have two (2) classes of voting membership:
(a) Class A. Class A Members shall be all Owners, with the exception of
Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than
one (1) person holds an interest in any Lot, all such persons shall be Members. The vote
for the Lot shall be exercised as the Owners among themselves determine, but in no
event shall more than one (1) vote be cast with respect to any Lot.
(b) Class B. Class B Member(s) shall be Declarant and shall be entitled to three
(3) votes for each Lot owned. The Class B membership shall cease and be converted
to Class A membership on the happening of the earlier of the following to occur:
(i) Two (2) years following the first conveyance of a Lot to a Purchaser
pursuant to the most recently issued original Final Subdivision Public Report issued
by the California Department of Real Estate for a Phase; or
(ii) Four (4) years following the date of the first conveyance of a Lot
to a Purchaser pursuant to the original Final Subdivision Public Report issued by
the California Department of Real Estate for Phase 1.
3.3 Approval By Each Class of Members. Unless otherwise stated in this Declaration,
any provision of the Articles, the Bylaws or this Declaration, which expressly requires the approval
of a specified percentage of the Members before being undertaken, shall require the approval
of Declarant.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
TO ASSOCIATION
4.1 Creation of Lien and Personal Obligation for Assessments. Declarant, for each Lot
owned, covenants, and each Owner of a Lot by acceptance of a deed to a Lot, whether or not
it shall be so expressed in the deed, is deemed to covenant to pay to the Association: (a) regular
assessments; and (b) special assessments; and (c) individual assessments. The regular and special
assessments, together with interest, late charges, costs and reasonable attorneys' fees, shall
be a charge on the land and shall be a continuing lien upon the Lot against which the assessment
is made. The lien shall be effective upon recordation of a notice of delinquent assessment. Each
assessment, together with interest, late charges, costs and reasonable attorneys' fees, shall
also be the personal obligation of the person who was the Owner of the Lot at the time the
assessment is due. The personal obligation for delinquent assessments shall not pass to
successors in title of a Lot, unless expressly assumed by them. An individual assessment shall
not be a lien on any Lot except as otherwise provided in Section 4.4 below.
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4.2 Purpose of Assessments. The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and welfare of the residents"6f the
Properties, for the improvement and maintenance of the Common Area and Common Maintenance
Area, and to reimburse the Association for the costs incurred in bringing an Owner into compliance
with the Articles, Bylaws, Declaration and rules and regulations adopted by the Board. The regular
assessment is the assessment determined annually by the Board to meet the expenses of the
Association, including the establishment of reserve accounts for the periodic maintenance, repair
and replacement of the Common Area and Common Maintenance Area, for the next fiscal year
based upon the annual budget adopted by the Board pursuant to the Bylaws. A special assess-
ment is an assessment the Board, in its discretion, determines necessary if the Association's
available funds are or will become inadequate to meet the estimated expenses of the Association
for the fiscal year. The Board may levy the entire special assessment immediately or levy it in
installments over a period the Board determines appropriate. An individual assessment against
a particular Owner only may be levied by the Board as set forth in Section 4.4 of the Declaration.
The Board shall provide notice by first-class mail to each Owner of any increase in the regular
assessment or of any special assessment not fewer than thirty (30) nor more then sixty (60)
days prior to the increased regular assessment or special assessment becoming due.
4.3 Limitation on Regular and Special Assessments. The Board shall levy regular and
special assessments sufficient to perform the obligations of the Association as provided in the
Declaration and Bylaws; provided, however, except for assessment increases necessary for
emergency situations:
(a) the Board may not increase the regular assessments for any fiscal year
unless the Board has complied with the provisions of California CIVIL CODE §1365.5
(preparation and distribution of the budget), and
(b) the Board may not impose a regular assessment that is more than twenty
percent (20%) greater than the regular assessment for the Association's preceding fiscal
year nor special assessments which in the aggregate exceed five percent (5%) of the
budgeted gross expense of the Association for the fiscal year,
without the approval of Owners casting a majority of the votes at a meeting or election of the
Association conducted in accordance with Chapter 5 (commencing with §7510) of Part 3 of
Division 2 of Title 1 of the California CORPORATIONS CODE and §7613 of the California
CORPORATIONS CODE at which a quorum was present or participated. For purposes of this Section,
"quorum" means more than fifty percent (50%) of the Owners. An emergency situation is any
one of the following:
(1) An extraordinary expense required by an order of a court;
(2) An extraordinary expense necessary to repair or maintain the Properties
or any part of it for which the Association is responsible where a threat to personal safety
in the Properties is discovered; or
(3) An extraordinary expense necessary to repair or maintain the Properties
or any part of it for which the Association is responsible that could not have been
reasonably foreseen by the Board in preparing and distributing the pro forma operating
budget under CIVIL CODE §1365. However, prior to the imposition or collection of an
assessment under this Subsection, the Board shall pass a resolution containing written
findings as to the necessity of the extraordinary expense involved and why the expense
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was not or could not have been reasonably foreseen in the budgeting process, and the
resolution shall be distributed to the Members with the notice of assessment. •""
The term "regular assessment for the Association's preceding fiscal year" as used in this Section
is deemed to be the regular assessment which would have existed in the absence of any subsidy
of assessments agreed to be paid by Declarant. Anything in this Section to the contrary notwith-
standing, the limitation on regular and special assessments shall comply with the laws of the
State of California at the time the regular or special assessment is levied by the Association.
4.4 Individual Assessments. The Association may also impose a specific assessment
against an individual Member to reimburse the Association for costs incurred in bringing a Member
or his Lot into compliance with the provisions of the Declaration, the Articles, the Bylaws and
the Association rules and regulations, and architectural guidelines, which assessment may be
imposed upon the vote of the Board after notice and an opportunity for a hearing which satisfy
the requirements of §7341 of the California CORPORATIONS CODE; provided, however, that except
to the extent the specific assessment is to reimburse the Association for the cost of collecting
assessments, a specific assessment levied pursuant to this Section shall not constitute a lien
on the Owner's Lot.
4.5 Uniform Rate of Assessment. Both regular and special assessments shall be fixed
at a uniform rate for all Lots and may be collected on a monthly or other periodic basis as deter-
mined by the Board.
4.6 Date of Commencement of Regular Assessments; Due Dates. Except as stated
in Sections 4.13 and 4.14 below, the regular assessments shall commence as to all Lots in each
Phase on the first day of the month following the first conveyance of a Lot to a Purchaser in
such Phase. The Board shall fix the amount of the regular assessment against each Lot at least
thirty (30) days in advance of each regular assessment period. Written notice of the regular
assessment shall be sent to every Owner. The due dates for payment of all assessments shall
be established by the Board and may be billed monthly or on such other periodic basis as the
Board may determine.
4.7 Effect of Non-Payment of Assessments; Remedies of Association. Any assessment
made in accordance with the Declaration shall be a debt of the Owner of a Lot at the time the
assessment is due. Any assessment not paid within thirty (30) days after the due date shall
bear interest from thirty (30) days following the due date at the rate of twelve percent (12%)
per annum. The Association may bring an action at law against the Owner personally obligated
to pay the assessment and, in addition thereto or in lieu thereof, may foreclose the lien, if any,
against the Lot.
Any assessment not paid within fifteen (15) days after the due date shall be
delinquent. Except as otherwise provided in Section 4.4 above, the amount of any delinquent
assessment plus costs of collection, late charges, penalties, interest and attorneys' fees, shall
be and become a lien upon the Lot when the Association causes to be recorded with the County
Recorder of San Diego County, California, a Notice of Delinquent Assessment. The Notice of
Delinquent Assessment shall state the amount of the delinquent assessment and the other charges
as may be authorized by the Declaration, a description of the Lot against which the assessment
has been made, the name of the record owner of the Lot and, in order for the lien to be foreclosed
by non-judicial foreclosure, the name and address of the trustee authorized by the Association
to enforce the lien by sale. The Notice of Delinquent Assessment shall be signed by the person
designated by the Association for that purpose or, if no one is designated, by the President of
the Association. Upon payment of the delinquent assessment and charges in connection with
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which the Notice of Delinquent Assessment has been recorded, or other satisfaction thereof,
the Association shall cause to be recorded a further notice stating the satisfaction and the" release
of the assessment lien.
The assessment lien may be enforced by sale by the Association after failure of
the Owner to pay the assessment. The sale shall be conducted in accordance with the provisions
of §2924, §2924b and §2924c of the California CIVIL CODE applicable to the exercise of powers
of sale in mortgages or in any other manner permitted by law. The Association shall have the
power to purchase the Lot at the foreclosure sale and to hold, lease, mortgage and convey the
Lot. Suit to recover a money judgment for unpaid assessments, rent and attorneys' fees shall
be maintainable without foreclosing or waiving the lien securing the assessment.
4.8 Schedule of Monetary Penalties. If the Association adopts a policy of imposing
any monetary penalty, including any fee, on any Owner for violation of this Declaration or the
rules of the Association, including any monetary penalty relating to the activities of a guest
or invitee of an Owner, the Board shall adopt and distribute to each Owner, by personal delivery
or first-class mail, a schedule of the monetary penalties that may be assessed for those violations,
which shall be in accordance with the authorization for Owner discipline set forth in this
Declaration and the Bylaws. The Board shall not be required to distribute any additional schedules
of monetary penalties unless there are changes from the schedule that were adopted and
distributed to the Owners pursuant to this Section.
4.9 Treatment of Monetary Penalty. A monetary penalty imposed by the Association
as a disciplinary measure for failure of a Member to comply with the Declaration, Bylaws or
rules of the Association or as a means of reimbursing the Association for costs incurred by the
Association in the repair of damage to the Common Area for which the Member was allegedly
responsible or in bringing the Member and his Lot into compliance with the Declaration, Bylaws
or rules of the Association, shall not be treated as an assessment which may become a lien
against the Member's Lot enforceable as provided in the California CIVIL CODE. This Section
shall not apply to charges imposed against an Owner which are reasonable late payment penalties
for delinquent assessments nor charges to reimburse the Association for the loss of interest
and for costs reasonably incurred (including attorneys' fees) in its efforts to collect delinquent
assessments.
4.10 Subordination of the Lien to First Mortgages. Except as otherwise provided by
law, the assessment lien shall be subordinate to the lien of any first Mortgage, and the sale
or transfer of any Lot pursuant to judicial or non-judicial foreclosure of a first Mortgage shall
extinguish the lien of the assessment as to payments which became due prior to the sale or
transfer. No sale or transfer shall relieve the Lot from lien rights for any assessments thereafter
becoming due. Except as otherwise provided by law, when the Mortgagee of a first Mortgage
or other purchaser of a Lot obtains title to the Lot as a result of foreclosure, the acquirer of
title, his successors and assigns, shall not be liable for the share of the common expenses or
assessments by the Association chargeable to the Lot which was due prior to the acquisition
of title to the Lot by such acquirer, except for a share of the charges or assessments resulting
from a re-allocation of the charges or assessments which are made against all Lots.
4.11 Estoppel Certificate. The Association shall furnish or cause an appropriate officer
to furnish, upon demand by any person, a certificate signed by an officer of the Association
setting forth whether the assessments on a specified Lot have been paid. A properly executed
certificate of the Association as to the status of assessments on a Lot is binding upon the
Association as of the date of its issuance.
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4.12 Personal Liability of Owner. No Member may exempt himself from personal liability
for assessments levied by the Association, nor release the Lot owned by him from the liens
and charges for assessments by waiver of the use and enjoyment of the Common Area or by
abandonment of his Lot.
4.13 Exempt Property. All properties dedicated to and accepted by a local public
authority, and all properties owned by a charitable nonprofit organization exempt from taxation
by the laws of the State of California, shall be exempt from assessment by the Association.
However, no land or improvements devoted to dwelling use shall be exempt from assessments
by the Association.
4.14 Model Residences. Conveyance of a Lot which is being used by Declarant for
model residence, sales office, design center, construction office or similar purposes (any of which
uses are referred to in this Section) shall not commence the regular assessments against such
Lot or other Lots within the Phase until discontinuance of use of such Lot as a model residence
or conveyance of any non-model residence Lot in the Phase, whichever first occurs.
4.15 Assessments Levied By City. In the event the City performs the necessary
maintenance of either Common Areas or the Common Maintenance Areas in accordance with
Section 9.8 of this Declaration, the City shall submit a written invoice to the Association for
all costs incurred by the City to perform such maintenance of the Common Areas and Common
Maintenance Areas. The City shall provide a copy of such invoice to each Owner, together with
a statement that if the Association fails to pay such invoice in full within the time specified,
the City will pursue collection against the Owners pursuant to the provisions of this Section.
Said invoice shall be due and payable by the Association within twenty (20) days of receipt
by the Association. If the Association fails to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the City,
the City may levy an assessment against the Owners of each Lot for an equal pro rata share
of the invoice, plus the late charge. Such assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the assessment is levied. Each Owner
or a Lot hereby vests the City with the right and power to levy such assessment, to impose
a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure
procedures against any Owner and his or her respective Lot for purposes of collecting such
assessment in accordance with the procedures set forth in Section 4.7 of this Declaration.
ARTICLE V
GOVERNMENTAL REGULATIONS
The Properties and their use are subject to the jurisdiction of the City, and the ordinances,
regulations and permits issued by the City, including the conditions to approval of the tentative
tract map for the Final Map, the Site Development Plan applicable to the Properties and to coastal
development permits issued by the City. Each Owner shall at all times comply with each
governmental ordinance, regulation or permit which is applicable to such Owner's Lot and the
Association shall at all times comply with each governmental ordinance, regulation or permit
which is applicable to the Common Area or Common Maintenance Area.
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ARTICLE VI
ARCHITECTURAL CONTROL
6.1 Architectural Committee. No construction, development, alteration, grading,
landscaping, addition, excavation, modification, decoration, painting or reconstruction of the
visible exterior of any improvement, including a residence, patio cover, fence, landscaping or
other yard improvements, on any Lot shall be commenced or maintained until the plans and
specifications therefor showing the nature, design, kind, shape, height, width, color, materials
and location have been submitted to and approved in writing by a committee of not less than
three (3) nor more than five (5) persons ("Committee"). All members of the Committee may
be appointed and replaced by Declarant until one (1) year following issuance by the California
Department of Real Estate of the original Final Subdivision Public Report for Phase 1. Thereafter,
a majority of the members of the Committee may be appointed and replaced by Declarant and
a minority of the members of the Committee may be appointed or replaced by the Board until
ninety percent (90%) of the Lots in the Properties and Annexation Property have been conveyed
of record to Purchasers or until five (5) years following issuance by the California Department
of Real Estate of the original Final Subdivision Public Report for Phase 1, whichever shall first
occur. Thereafter, all members of the Committee may be appointed or replaced by the Board.
Committee members appointed by Declarant or the Board need not be Members of the
Association. Persons submitting proposals or plans and specifications to the Committee (each
person is referred to as the "Applicant") must obtain a dated, written receipt for such plans
and specifications and furnish the Committee with the address to which communications from
the Committee to the Applicant are to be directed. No building additions, including patio covers,
shall be permitted without the prior approval of the City, as well as of the Committee. Building
additions, including patio covers, may be permitted only if they are consistent with the
architecture of the residential unit located on the Lot. In addition to Committee approval, certain
improvements to a Lot may require a building permit or other approval from the City.
6.2 Committee Approval. The Committee shall approve proposals or plans and
specifications submitted for its approval only if it deems that the construction, alteration, addition
or other construction activity contemplated thereby in the locations indicated will not be detri-
mental to the appearance of the Properties and surrounding real property as a whole, and that
the appearance of any structure or other improvement will be in harmony with the surrounding
structures and improvements.
6.3 Approved Conditions. The Committee may condition its approval of proposals
or plans and specifications on such changes thereto as it deems appropriate, and may require
submission of additional plans and specifications or other information prior to approving or disap-
proving material submitted. The Committee may adopt, amend or supplement the architectural
guidelines (a) concerning design and materials standards, rules and guidelines for construction
activities; (b) setting forth procedures for the submission of plans for approval; (c) requiring
a reasonable fee ("Review Fee") payable to the Committee for any costs involved to accompany
each application for approval; and (d) specifying additional factors which it will take into
consideration in reviewing submissions. The Committee may require such detail in plans and
specifications submitted for its review as it deems proper, including, without limitation, floor
plans, site plans, drainage plans, elevation drawings and description or samples of plantings,
exterior materials and colors. Until receipt by the Committee of all plans, specifications or other
materials deemed necessary by the Committee, the Committee may postpone review of any
plans submitted for approval.
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6.4 Notification. Decisions of the Committee and the reasons for decisions shall be
transmitted by the Committee to the Applicant at the address set forth in the application for
approval within forty-five (45) days after receipt by the Committee of all materials required by
the Committee. Any application submitted pursuant to this Article VI shall be deemed approved,
unless the Committee's written disapproval or a request for additional information or materials
is transmitted to the Applicant within forty-five (45) days after the date of receipt by the
Committee of all required materials.
6.5 Waiver. The approval of the Committee to any proposals or plans and specifications
or drawings for any work done or proposed or in connection with any other matter requiring
the approval and consent of the Committee shall not be deemed to constitute a waiver of any
right to withhold approval or consent as to any similar proposals, plans and specifications,
drawings or matters whatever subsequently or additionally submitted for approval or consent.
6.6 No Liability. Neither the Committee, nor any members of the Committee, nor their
duly authorized representatives, shall be liable to any Applicant or Lot Owner for any loss, damage
or injury arising out of or in any way connected with the performance of the Committee's duties,
unless due to the willful misconduct of the Committee.
6.7 Design Criteria. The Committee shall review and approve or disapprove all plans
submitted to it for any proposed improvement, alteration, addition or other construction activity
on the basis of satisfaction of the Committee with the grading plan, location of the improvements
on the Lot, the finished ground elevation, the color scheme, finish, design, proportions,
architecture, shape, height, style, appropriateness of proposed improvements, affect on adjoining
Lots, the materials to be used, the kinds, pitch or type of roof proposed, the planting, landscaping,
size, height or location of vegetation on a Lot, and on the basis of aesthetic considerations and
the overall benefit or detriment to the Properties and surrounding real property generally which
would result from such improvement, alteration, addition or other construction activity. Although
the Committee shall take into consideration the aesthetic aspects of the architectural designs,
placement of buildings, landscaping, color, schemes, exterior finishes and materials, and similar
features, it shall not be responsible for reviewing, nor shall its approval of any plans or design
be deemed approval of any plan or design from the standpoint of adequacy of drainage, structural
safety, view impacts or conformance with building or other codes. The Committee approval
of any particular construction activity shall expire and the plans and specifications therefor shall
be resubmitted for Committee approval if substantial work pursuant to the approved plans and
specifications is not commenced within six (6) months after the Committee's approval of such
construction activity. All construction activities shall be performed as promptly and as diligently
as possible and shall be completed within such reasonable period of time specified by the
Committee.
6.8 Variances. The Committee may authorize variances from compliance with any
of the architectural provisions of this Article VI, including, without limitation, restrictions on
height, size, floor area or placement of structures, or similar restrictions, when circumstances
such as topography, natural obstructions, hardship, aesthetic or environmental considerations
may require. Such variances must be in writing, and must be signed and acknowledged by at
least a majority of the members of the Committee. The granting of a variance shall not operate
to waive any of the terms and provisions of this Article VI for any purpose except as to the
particular property and particular provision covered by the variance, nor shall it affect in any
way the Owner's obligation to comply with all laws and regulations of any governmental authority
affecting the use of his Lot, including, but not limited to, zoning and building requirements of
any governmental agency or entity having jurisdiction over the Lot.
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6.9 Committee Guidelines. The Committee shall adopt rules for the conduct of its
affairs and design guidelines for construction activities. The architectural guidelines'of the
Committee may provide for the pre-approval of certain specified types or categories of
construction activities, provided that such pre-approved construction activities are implemented
by the affected Owner in conformance with the standards for design, materials and other criteria
established in the architectural guidelines for such pre-approved construction activities. The
Committee may from time to time adopt, supplement or amend architectural guidelines to
establish, expand, limit or otherwise modify the categories and criteria for any pre-approved
construction activities.
6.10 Enforcement. The Association, Declarant and any Owner shall have the right to
enforce by any proceedings at law or in equity, all covenants, conditions, restrictions and
reservations imposed by the provisions of the Declaration and rules and regulations adopted
pursuant to this Declaration. Each Owner shall have a right of action against the Association
for any failure of the Association to comply with the provisions of the Declaration or of the Bylaws
or Articles. Failure by the Association, Declarant or any Owner to enforce any covenant, condition,
restriction or reservation in the Declaration shall not be deemed a waiver of the right to do so
thereafter. The City shall have the right, but not the obligation, to enforce the provisions of
the Declaration and for such purposes shall be deemed a party hereto. In the event the City
files a legal action to enforce the provisions of the Declaration and it is the prevailing party in
the litigation, it shall be entitled to recover costs of suit and attorneys' fees incurred in the
litigation.
6.11 Declarant Exemption. This Article VI shall not apply to, and the Committee shall
have no authority or responsibility to review or approve any, improvements made by Declarant
on any Lot or to the Common Area or Common Maintenance Area.
ARTICLE VII
USE RESTRICTIONS
7.1 Antennae. Unless approved by the Board of the Association, Owners may not
install any antennae on the exterior of a residence for any purpose, except for an "Authorized
Antenna." For purposes of this Section, an "Authorized Antenna" means (a) an antenna that
is designed to receive direct broadcast satellite service, including direct-to-home satellite service,
that is one meter or less in diameter, (b) an antenna that is designed to receive video programming
service, including multichannel multi point distribution service, instructional television fixed
service, and local multi point distribution service, that is one meter or less in diameter or diagonal
measurement, or (c) an antenna that is designed to receive television broadcast signals. The
installation of an Authorized Antenna shall be subject to the following requirements:
(i) The proposed location for installation of an Authorized Antenna
may be reviewed by the Board in order to ensure that the visibility of the
Authorized Antenna is minimized with respect to other Owners. Such review by
the Board shall not (A) unreasonably delay or prevent installation maintenance
or use of an Authorized Antenna, (B) unreasonably increase the cost of installation,
maintenance or use of an Authorized Antenna, or (C) preclude reception of an
acceptable quality signal.
(ii) If an Owner proposes to install an Authorized Antenna on the
property of another Owner, such installation must be approved in advance by
the Board of the Association.
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(iii) The Board may adopt additional restrictions on installation or use
of an Authorized Antenna as a part of the Association's Rules and Regulations
so long as such restrictions do not (A) unreasonably delay or prevent installation,
maintenance or use of an Authorized Antenna, (B) unreasonably increase the cost
of installation, maintenance or use of an Authorized Antenna, or (C) preclude
reception of an acceptable quality signal.
(iv) The Board may prohibit the installation of an Authorized Antenna
if the installation, location or maintenance of such Authorized Antenna unreason-
ably affects the safety of managers, agents or employees of the Association and
other Owners.
7.2 Nuisances. No rubbish or debris of any kind shall be placed or permitted to
accumulate anywhere within a Lot. No odor shall be permitted to arise from a Lot which renders
the Lot or any portion of a Lot unsanitary, unsightly or offensive to any street or to any portion
of the Properties, or vicinity thereof, or to its occupants. No noise or other nuisance shall be
permitted to exist or operate upon any portion of a Lot so as to be unreasonably offensive or
detrimental to any other part of the Properties, or vicinity thereof, or to their occupants. Without
limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles,
bells or other sound devices (other than security devices used exclusively for security purposes),
noisy or smoky vehicles, unlicensed off-road motor vehicles or other items which unreasonably
disturb other Owners or their tenants shall be located, used or placed on any Lot. No vehicles
may be operated upon any portion of the Properties not improved as a street, driveway or parking
area. Alarm devices used exclusively to protect the security of a residence and its contents
shall be permitted, provided that the devices do not produce annoying sounds or conditions
as a result of frequently occurring false alarms.
7.3 Exterior Maintenance and Repair; Owner's Obligations. No improvement within
a Lot shall be permitted to fall into disrepair, and each improvement shall at all times be kept
in good condition and repair by the Owner of the Lot.
7.4 Drainage. There shall be no interference with the established drainage pattern
over any Lot so as to affect any other portion of the Properties or Annexation Property, unless
an adequate alternative provision is made for proper drainage and it is in accordance with all
applicable governmental codes and ordinances."Established drainage" is defined as the drainage
which exists at the time the overall grading and landscaping of the Properties and Annexation
Property pursuant to grading plans approved by the City. All drainage facilities located on a Lot
shall be maintained by the Owner of the Lot. The soil level of each Lot adjacent to a building
shall be at least six (6) inches below the finished floor slab of the adjacent building. All concrete
terrace drains located on a Lot (other than within the Common Maintenance Area) shall be
maintained in good working condition by the Owners of the Lot. No drainage shall be allowed
from one Lot to another unless that drainage pattern is part of the established drainage pattern.
7.5 Water and Sewer Systems. No individual water supply system, water softener
system or sewage disposal system shall be permitted on any Lot unless the system is designed,
located, constructed and equipped in accordance with the requirements, standards and
recommendations of any applicable water district and any applicable governmental health authority
having jurisdiction to control and regulate those systems.
7.6 No Hazardous Activities. No activities shall be conducted nor shall any improve-
ments be constructed on a Lot which are or might be unsafe or hazardous to any person or
property.
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7.7 Unsightly Articles. No unsightly articles, including clotheslines, shall be permitted
to remain on any portion of a Lot which are visible from any street or from any other Lot. Without
limiting the generality of the foregoing, refuse, garbage and trash shall be kept at all times in
covered, sanitary containers commercially designed for that purpose (i.e., oil drums or similar
substitutes for commercially designed refuse receptacles are prohibited) and located within an
enclosed area or areas appropriately screened from the view of any other Lot or Annexation
Property. The containers shall be exposed to the view of neighboring Lots only when set out
for a reasonable period of time (not to exceed twelve (12) hours before and after scheduled
trash collection hours). There shall be no exterior fires, except barbecue fires contained within
receptacles designed for that purpose which do not create a fire hazard. No bars or other solid
materials (other than screens) shall be placed on the exterior of any windows of a residence
on a Lot.
7.8 Temporary and Prefabricated Structures. No tent, shed, shack, trailer or any
temporary building, improvement or structure shall be placed upon any portion of a Lot without
the prior approval of the Committee. The foregoing excludes construction trailers and other
temporary or prefabricated structures or improvements utilized during construction and sales
activities.
7.9 Mining and Drilling. The surface of a Lot shall not be used for the purpose of mining,
quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons,
geothermal heat, minerals, rocks, stones, gravel or earth, nor shall oil wells, tanks, tunnels,
mineral or geothermal excavations or shafts be permitted upon the surface of any portion of
a Lot.
7.10 View Impairment. There is no representation that any view exists from any Lot.
Each Owner, by accepting a deed to a Lot, acknowledges that grading of, construction on or
installation of improvements, including landscaping or the continued growth of landscaping,
on other Lots within the Properties and on surrounding real property may impair whatever view
may exist from the Owner's Lot, and each Owner consents to such impairment and waives
any claim for view impairment.
7.11 Residential Use. All Lots within the Properties shall be improved and used solely
for single-family residential use, unless the ordinances of the City permit use by more than a
single family; provided, however, that this provision shall not preclude any Owner from renting
or leasing all of his Lot or room(s) within the dwelling by means of a written lease or rental agree-
ment. No lease shall be for a term of less than thirty (30) days. No Lot shall be used or caused
to be used or allowed or authorized to be used in any way, directly or indirectly, for any business,
commercial, manufacturing, mercantile, storage, vending or other non-residential purposes; except
Lots may be used for model home sites, construction offices, a design center, and display and
sales office purposes during the construction and sales period by Declarant. The provisions of
this Section shall not preclude an Owner from maintaining a home-office and conducting business
activities therefrom on the following conditions: (a) there is not external evidence of such activity;
(b) such activities are conducted in conformance with all applicable government ordinances;
(c) the patrons or clientele of such activities do not visit the Lot or park automobiles or other
vehicles within the Properties; (d) the existence or operation of such activities is not apparent
or detectable by sight, sound or smell from outside of the boundaries of the Lot; and (e) such
activities are consistent with the residential character of the Properties and conform with the
provisions of this Declaration.
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7.12 Residential Area Improvements.
(a) Residence. No Lot shall be improved except with one residence (unless
additional residences are permitted by the ordinances of the City) designed to
accommodate no more than a single family (unless the ordinances of the City permit
use by more than a single family) and its servants and occasional guests, plus a garage,
fencing and such other improvements as are necessary or customarily incident to a
single-family residence. Subject to applicable requirements of any governmental agency
or entity having jurisdiction over the Lot, no part of the construction on any Lot shall
exceed two (2) stories in height above the finished pad. Chimneys, railings, vent stacks,
pediments and similar architectural features of normal size, height and distribution may
rise above the two (2) story construction limit. No projections of any type shall be placed
or permitted to remain above the roof of any building within the Lot, except chimneys,
railings, vent stacks, pediments and similar architectural features. Anything contained
in this Section to the contrary notwithstanding, any structure constructed on a Lot shall
be subject to the ordinances of the City regulating the height of structures. No wiring
or air conditioning fixture, water softeners or other devices (other than solar heating
devices approved by the Board) shall be installed on the exterior of a residence or be
allowed to protrude through the walls or roof of the residence (with the exception of
those items installed during the original construction of the residence).
(b) Utilities. Except for facilities installed by Declarant, a public utility company
or a governmental entity, all utility and storage areas or structures must be (i) completely
concealed from the view of any other Lot or street, or (ii) constructed of such design,
materials, configuration and in such location as to be compatible with the residence and
other improvements on the Lot.
(c) Fences. All fences installed within the Properties shall be in conformance
with the Fencing Plan for Canterbury adopted by the City. No fence within a Lot shall
be constructed or altered as to type or height without the approval of the Committee.
In the event fencing within the Properties requires replacement, the replacement fencing
shall be substantially identical to the fencing being replaced, unless other replacement
fencing is approved by the Committee.
(d) Flag Poles. No flag pole shall be permitted in the front yard of a Lot; provided
however, this provision shall not preclude any Owner from affixing a flag to the dwelling
on a Lot.
(e) Roofs. All structures shall be improved with fire retardant roofs, and no
roof shall be repaired or replaced with material different than originally installed by
Declarant.
7.13 Landscaping. Within six (6) months after the close of escrow for the sale of a
Lot by Declarant to a Purchaser, the Owner shall install and shall thereafter maintain plants,
shrubs, trees and any other appropriate landscaping improvements, pursuant to plans and specifi-
cations approved by the Committee, on those portions of the Lot which have not been landscaped
by Declarant but are visible from any street within the Properties or surrounding real property
(other than those portions of the Lot within the Common Maintenance Area).
Within one (1} year after the close of escrow for the sale of a Lot by Declarant
to a Purchaser, the Owner shall install and shall thereafter maintain plants, shrubs, trees and
any other appropriate landscaping improvements, pursuant to plans and specifications approved
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by the Committee, on the rear yard portion of the Lot (other than those portions of the Lot within
the Common Maintenance Area).
Each Owner shall properly maintain and periodically replace when necessary all
trees, plants, grass, vegetation and other landscaping improvements located on the Owner's
Lot (other than those portions of the Lot within the Common Maintenance Area). No plants or
seeds infected with insects or plant diseases, shall be brought upon, grown or maintained upon
any Lot. If any Owner fails to install or maintain landscaping in conformance with architectural
guidelines or allows his landscaping to deteriorate to a dangerous, unsafe, unsightly or
unattractive condition, the Committee, upon thirty (30) days prior written notice to the Owner,
shall have the right either to seek any remedies at law or in equity which it may have or to correct
such condition and to enter upon the Owner's property for the purpose of doing so, and the
Owner shall promptly reimburse the Committee for the cost thereof.
7.14 Parking and Vehicular Restrictions.
(a) Commercial and Recreational Vehicles. None of the following (collectively
"Prohibited Vehicles") shall be parked, stored or kept on any street within the Properties:
any commercial type vehicle (including, but not limited to, any dump truck, cement mixer
truck, oil or gas truck or delivery truck); any recreational vehicle (including, but not limited
to, any camper unit, house/car or motor home); any bus, trailer, trailer coach, camp trailer,
boat, aircraft or mobile home; any inoperable vehicle or any other similar vehicle; or any
vehicle or vehicular equipment, mobile or otherwise, constituting a nuisance. No Prohibited
Vehicle shall be parked, stored or kept on any Lot except wholly within an enclosed
garage, and then only if the garage door is capable of being fully closed. Prohibited
Vehicles shall not be allowed in any driveway or other exposed parking areas, or any
street (public or private), except for the purposes of loading, unloading, making deliveries
or emergency repairs ("Transitory Use"), provided that no Transitory Use shall extend
over more than twenty-four hours during any seven (7) consecutive days.
(b) Passenger Vehicles. Vehicles owned, operated or within the control of
an Owner, or of a resident of Owner's Lot, shall be parked in the garage or driveway
to the extent of the maximum designed capacity of the garage or driveway.
(c) Garages and Driveways. Garages or other parking areas shall be used only
for parking authorized vehicles; provided, however, if an Owner has fewer vehicles than
the garage will accommodate, the extra space in the garage may be used for temporary
storage. No garage shall be used as a habitual living area; provided, however, an Owner
of a home with a three (3) car garage may convert his third (3rd) parking space in the
garage into a habitual living area which is a part of the dwelling on the Lot subject to:
(i) the prior approval of the Committee and (ii) City Code requirements and the prior
approval of the City, if required, and provided that there are at least two (2) parking spaces
remaining within the garage. There shall be no parking in the driveways if the Owner's
garage is not being utilized to the maximum designed capacity for the parking of authorized
vehicles, or if to do so obstructs free traffic flow, constitutes a nuisance or otherwise
creates a safety hazard. Garage doors shall be kept closed at all times, except as
reasonably required for ingress to and egress from the interiors of the garages.
(d) Repairs. No repairs or restorations of any motor vehicle, boat, trailer, aircraft
or other vehicle or equipment shall be conducted upon any street, Lot or elsewhere within
the Properties, except wholly within an enclosed garage; provided, however, that such
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activity is not undertaken as a business, and provided further that such activity may
be prohibited entirely if it constitutes a nuisance. '•'"'
(e) Rules. The Board may adopt rules and regulations regulating parking within
the Properties.
These restrictions shall not be interpreted in a manner which would permit any activity
which would be contrary to any ordinance of the City or other governmental agency having
jurisdiction over the Properties.
7.15 Further Subdivision. No Lot may be further subdivided (including division into
time-share estates or time-share uses) without the prior written approval of the Board; provided,
however, that nothing in this Section shall be deemed to prevent an Owner from: (a) selling
a Lot to more than one person to be held by them as tenants in common, joint tenants, tenants
by the entirety or as community property; (b) leasing or renting by any Owner of all of his Lot
by means of a written lease or rental agreement; or (c) adjusting the boundary of a Lot by
boundary adjustment, Parcel Map or other procedure authorized by the City. The provisions
of this Section shall not apply to any Lot owned by Declarant.
7.16 Animals. No animals, fowl, poultry, fish, reptiles or insects of any kind ("animals")
shall be raised, bred or kept on any Lot, except for dogs, cats, fish, tropical birds or such other
typical household pets; provided that such pets are not kept, bred or maintained for any
commercial purpose nor in unreasonable quantities nor in violation of any applicable law or
ordinance. Each and every dog and cat must carry an identification tag which contains the address
of the Owner of the animal. No animal shall be maintained in any Lot which constitutes a nuisance
to other Owners of Lots. Animals belonging to Owners, occupants or their licensees, tenants
or invitees must be either kept within the enclosure, an enclosed yard, or on a leash or bridle
being held by a person capable of controlling the animal. Furthermore, to the extent permitted
by law, any Owner shall be liable to each and all Owners, their families, guests, tenants and
invitees, for any unreasonable noise or damage to person or property caused by any animals
brought or kept upon the Properties by an Owner or by members of his family, his tenants or
his guests; and it shall be the duty and responsibility of each Owner to clean up any excrement
or other unclean or unsanitary condition caused by such animal within the Properties. Each and
every Owner shall comply with the rules and regulations governing the keeping of pets adopted
by the Board from time to time.
7.17 Signs. No sign, poster, billboard, balloon or other display or advertising device
of any kind shall be displayed on, over or from any portion of the Properties, except (a) such
signs, flags, poles and banners (regardless of size or configuration) as may be used by Declarant
in connection with the development of the Properties and Annexation Property and the sale,
lease or other disposition of Lots; (b) entry monuments and similar community identification
signs, if any; (c) one sign which may be displayed on each Lot advertising the Lot for sale or
lease; provided that such for sale or lease signs shall not be larger than 18" by 30" in size, shall
not be attached to the ground by means other than a conventional vertical stake which shall
not exceed 4" by 4" in diameter and shall not exceed five (5) feet in height above ground level;
(d) one sign which may be displayed on each Lot providing notification that the house on the
Lot is serviced by a security system; provided that the sign shall be freestanding not more than
three (3) feet from the exterior of the house on the Lot, the top of the sign shall not be higher
than five (5) feet above the ground and shall not be larger than 12" by 12" in size; and (e) one
decorative flag which may be displayed on each Lot; provided that the use and display of such
flag shall be subject to the rules and regulations of the Association. All signs shall conform to
the City Sign Ordinances.
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7.18 Trees. Unless located in the Common Maintenance Area, all trees, hedges and
other plant materials shall be trimmed by the Owner of the Lot upon which they are rotated
so they do not create a nuisance, which determination shall be within the sole judgment of the
Board. Before planting any trees on a Lot, other than within the Common Maintenance Area,
the proposed location of the trees shall be approved in writing by the Committee. No trees planted
by Declarant shall be removed without the prior written approval of the Committee.
7.19 Slope Control. Use and Maintenance. Each Lot Owner will keep, maintain, water,
plant and replant all slope banks located on the Owner's Lot (other than slopes within the
Common Maintenance Area) to prevent erosion, control brush in accordance with the requirements
of the City and to create an attractive appearance. No structure, planting or other material shall
be placed or permitted to remain or other activities undertaken on any slope banks which may
damage or interfere with established slope ratios, create erosion or sliding problems, or which
may change the direction of flow of drainage channels or obstruct or retard the flow of water
through drainage channels.
7.20 Sight Distance Corridors. "Sight Distance Corridor" requirements exist on portions
of Lots 5, 41, 45, 56, 58, 59, 71, 87, 88, 95, 97, 101, 108, 109, 131 and 144, and Common
Area lots 146, 147,148 and 154 of the Final Map (the boundaries of which are shown thereon).
No structure, fence, wall, tree, shrub, sign or other object over thirty (30) inches in height above
the adjacent street elevation may be placed or permitted to remain within any portion of the
Sight Distance Corridor. The Owner of the Lot on which a Sight Distance Corridor exists shall
be responsible for maintaining the height limitation set forth in this Section. The Association
shall be responsible for maintaining the height limitation set forth in this Section on the Common
Area lots on which a Sight Distance Corridor exists.
7.21 Common Walls and Fences. There is created, established and granted an easement
appurtenant to all Lots in the Properties for the placement of all common fences and walls, where
the fences or walls were originally installed by Declarant, regardless of whether the fences and
walls are located precisely upon the boundary separating two (2) Lots. Those Owners who have
a common fence or wall which adjoin their Lots and effectively creates the boundary line between
the Lots shall equally have the right to use the fence or wall, and each shall have the exclusive
right to the use and the obligations of maintenance of the interior surface of the fence or wall
facing the Owner's residence. Neither Owner shall drive nails, screws, bolts or other objects
more than half way through any common fence or wall, or impair in any way the structural
integrity of the common wall or fence. In the event that any portion of the common fence or
wall, except the interior surface of one (1) side, is damaged from any cause other than the act
or negligence of either party, it shall be replaced or rebuilt at their joint expense. In the event
any portion of the common fence or wall is damaged by the Owner of only one of the Lots,
that Owner shall, at its expense, be responsible for the repair of the damage to the fence or
wall. In the event of a dispute arising in connection with a common boundary fence or wall or
the provisions of this Section, the matter shall be submitted to and decided by binding arbitration.
Each party to the dispute shall choose one arbitrator and those arbitrators shall choose one
additional arbitrator. The decision shall be rendered by a majority of all arbitrators in accordance
with the American Arbitration Association Commercial Rules of Arbitration.
7.22 Outdoor Lighting. Outdoor lighting on a Lot shall be shaded and adjusted so the
light falls only on the Lot on which the lighting is located and does not fall or reflect on other
Lots or Common Area; provided, however, the Committee may grant variances from this
restriction for lighting installed and maintained for security purposes.
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7.23 Easement Reservations. The rights and duties of the Owners of Lots with respect
to sanitary sewer, water, electricity, gas, television cable (or CATV service) and telephoneiines,
and other facilities, shall be governed by the following:
(a) Each Owner shall maintain those facilities and connections located upon
his Lot which are not maintained by the respective utility company or public agency.
(b) Wherever sanitary sewer, water or gas connections, television cables,
electricity or telephone lines are installed within the Properties and it becomes necessary
to gain access to the connections, cables and/or lines through a Lot owned by someone
other than the Owner of the Lot served by the connections, cables and/or lines, the Owner
of the Lot served by the connections, cables and/or lines shall have the right, and is hereby
granted an easement to the full extent necessary, to enter upon such other Lot or to
have the utility companies enter upon such other Lot to repair, replace and generally
maintain the connections, cables and/or lines.
(c) Whenever sanitary sewer, water or gas connections, television cables,
electricity or telephone lines are installed within the Properties and the connections, cables
and/or lines serve more than one (1) Lot, the Owner of each Lot served by the connec-
tions, cables and/or lines shall be entitled to the full use and enjoyment of the portions
of the facilities which service his Lot.
(d) In the event of a dispute between Owners with respect to the repair or
rebuilding of the connections, cables and/or lines, or the sharing of the cost of mainte-
nance, the matter shall be resolved by arbitration as provided in the Article of this
Declaration entitled "General Provisions".
(e) No Owner shall construct any improvements on any utility easement area
of record which will unreasonably interfere with the maintenance and repair of the facilities
located in the easement, without the prior written consent of the appropriate utility
company or easement owner.
7.24 Open Space Easements.
(a) An open space easement over Common Area lots 148 and 154 has been
dedicated to the City on the Final Map. Development of the open space areas is limited
to improvements set forth on the grading, landscape and improvement plans approved
by the City. Any further development of the open space areas is prohibited except upon
written order of the City Fire Department for fire prevention purposes or upon written
approval of the City Planning Director in response to a request by the owner of such
open space lots. Any request by the owner of the open space lots for further development
of the open space areas which requires the removal of trees or plants shall include a
report from a qualified arborist or botanist indicating the need to remove specified trees
or plants because of disease or impending danger to adjacent habitable Lots or existing
improvements to the Common Area. Any request by the owner of such lots for further
development of the open space areas which would disturb native vegetation thereon
shall include a report from a qualified biologist indicating the anticipated result of the
requested improvement on the native vegetation.
(b) An open space easement has been dedicated to the City on the Final Map
over Common Area lots 146, 147 and 150 which prohibits any removal of vegetation,
encroachment or development thereon, including but not limited to fences, walls, decks,
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storage buildings, pools, spas, stairways and landscaping, except as approved by the
City for the development of the Properties. Any further development of these open space
areas is prohibited except upon written order of the City Planning Director in response
to a request by the owner of such open space lots.
7.25 Recreational Common Area Lots. A restriction has been placed on the Final Map
over Common Area lots 145, 149, 151, 152 and 153 which requires the use of such lots for
.recreational purposes approved by the City.
7.26 Post-Tension Slabs. Each Owner acknowledges that the concrete slab for some
or all of the Lots constructed on the Properties may have been reinforced with a grid of steel
cable which was installed in the concrete and then tightened to create a very high tension. This
type of slab is commonly known as a "post-tension slab". Each Owner further acknowledges
that cutting into a post-tension slab for any reason [e.g., to install a floor safe, to remodel
plumbing, etc.) is very hazardous and may result in serious damage to the dwelling unit and/or
personal injury. By accepting a grant deed to a Lot, each Owner specifically covenants and agrees
that:
(a) An Owner shall not cut into or otherwise tamper with a post-tension slab;
(b) An Owner shall not knowingly permit or allow any other person to cut
into or tamper with a post-tension slab, other than a licensed contractor who has been
informed that the slab is post-tensioned and who has identified the location of the cables
running within the slab;
(c) An Owner shall disclose the existence of the post-tension slab (if any)
to any tenant, subsequent purchaser or lessee of the Lot; and
(d) An Owner shall indemnify and hold Declarant, its respective officers,
employees, contractors and agents, free and harmless from and against any and all claims,
damages, losses or other liability (including attorneys' fees) arising from any breach of
this Section.
7.27 Lots Affected By Building Setback and Brush Management Requirements. Portions
of Lots 17-29, 32-39, 72-81 and 89, and Common Area lots 153 and 154 (the boundaries of
which are shown on the Final Map) are subject to "building setback and brush management
requirements" ("Brush Management Areas"). The Brush Management Areas shall be maintained
within the Properties according to the specifications contained in the City Landscape Guidelines
Manual. The Association shall be responsible for maintenance of the Brush Management Areas
located on the Common Area and the Owner of a Lot on which Brush Management Areas exist
shall be responsible for maintenance of such areas on his or her Lot.
7.28 Lots Affected By Building Setback Requirements. Portions of Lots 2, 3, 4, 7 through
17, 124, 125, 127 through 130 and 134 through 136, and Common Area lots 146, 147 and
152 (the boundaries of which are shown on the Final Map) are subject to "building setback
requirements" ("Building Setback Areas").
7.29 Limitation on Basketball Hoops. An Owner may place a basketball hoop in his or
her Lot with the prior written consent of the Committee as to the location of the basketball hoop.
Such consent may be conditioned on limiting the hours of usage and other reasonable conditions
set forth in the rules and regulations of the Association.
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7.30 Limitation on Play Structures. An Owner may place a play structure in his or her
Lot; provided, however, any structure which is above six (6) foot in height shall be placed only
with the prior written consent of the Committee as to the location. Such consent may be
conditioned on set back requirements from adjoining Owner's Lots and other reasonable conditions
set forth in the architectural guidelines of the Committee.
7.31 Sidewalk Trail Easement. An offer of dedication of a sidewalk trail easement over
portions of Common Area lots 146 and 147 has been rejected by the City; however, the offer
of .dedication remains open. The sidewalk trail easement shall remain and not open to the public
until acceptance of the offer of dedication by the City.
7.32 Window Coverings. Unless Declarant has done so, each Owner shall, within one
hundred twenty (120) days after close of escrow for his Lot, install permanent window coverings
which cover those windows of his or her residence which are visible from any public or private
street. The Committee may specify certain windows which are not subject to this requirement.
The exterior appearance of such window coverings must be consistent with any requirements
promulgated by the Committee and generally shall have a neutral exterior appearance.
7.33 National Pollutant Discharge Elimination System Requirements. As required by
the City, the Association and the Owners and occupants of Lots within the Properties are required
to comply with the following requirements:
(a) The Association and the Owners and occupants of the Lots shall coordinate
efforts to establish or work with established disposal programs to remove and properly
dispose of toxic and hazardous waste products from the Properties.
(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 as set forth in the "California Storm Water
Best Management Practices Handbook" shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface improvements within
the Properties.
ARTICLE VIII
INSURANCE AND CONDEMNATION
8.1 Insurance.
(a) The Association shall keep (i) any improvements on the Common Area and
Common Maintenance Area insured against loss by fire and the risks covered by a Standard
All Risk of Loss Perils insurance policy under an extended coverage casualty policy in
the amount of the maximum insurable replacement value thereof, and (ii) all personalty
owned by the Association insured with coverage in the maximum insurable fair market
value of personalty as determined annually by an insurance carrier selected by the
Association. Insurance proceeds for improvements in the Common Area and Common
Maintenance Area and personalty owned by the Association shall be payable to the
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Association. In the event of any loss, damage or destruction, the Association shall cause
the same to be replaced, repaired or rebuilt if it occurred in the Common Area or Common
Maintenance Area. In the event the cost of such replacement, repair or rebuilding of
Common Area or Common Maintenance Area (A) exceeds the insurance proceeds available
therefor, or (B) no insurance proceeds are available therefor, the deficiency or full cost
thereof shall be assessed to the Owners as a special assessment pursuant to Section
4.3 above. In the event of any loss, damage or destruction to improvements on a Lot
(other than that portion thereof within the Common Maintenance Area), the Owner of
the Lot shall cause the same to be replaced, repaired or rebuilt at no cost to the
Association.
(b) The Association shall procure and keep in force a general liability insurance
policy in the name of the Association and the Owners against any liability for personal
injury or property damage resulting from any occurrence in or about the Common Area
or Common Maintenance Area in an amount not less than $ 1,000,000 in indemnity against
the claims of one or more persons in one accident or event, and not less than $100,000
for damage to property.
(c) The Association shall maintain a fidelity bond in an amount equal to the
amount of funds held by the Association during the term of the bond but not less than
one-fourth (V*) of the annual assessments, plus reserves, naming the Association as obligee
and insuring against loss by reason of the acts of the Board, officers and employees of
the Association, and any management agent and its employees, whether or not such
persons are compensated for their services.
(d) Copies of all insurance policies (or certificates) showing the premiums to
have been paid shall be retained by the Association and open for inspection by Owners
at any reasonable time(s). All insurance policies shall (i) provide that they shall not be
cancellable by the insurer without first giving at least ten (10) days' prior notice in writing
to the Association; and (ii) contain a waiver of subrogation by the insurer(s) against the
Association, Board and Owners.
(e) Anything contained herein to the contrary notwithstanding, the Association
shall maintain such insurance coverage as may be required by the Federal National
Mortgage Association ("FNMA") or the Federal Home Loan Mortgage Corporation
("FHLMC") so long as FNMA or FHLMC, respectively, holds a mortgage on or owns any
Lot.
(f) Section 1365.7 of the California CIVIL CODE provides for a partial limitation
on the liability of volunteer officers and directors of the Association, provided that certain
requirements, as set forth in CIVIL CODE §1365.7, are satisfied. The requirements include
that general liability insurance and officers' and directors' liability insurance be carried
by the Association in specified amounts. The Association shall maintain general liability
insurance and officers' and directors' liability insurance in amounts which satisfy the
requirements of CIVIL CODE § 1365.7 to limit the liability of volunteer officers and directors
of the Association.
(g) In the event any insurance policy deductible amount relating to an Owner's
property loss is charged to the Association, the Owner shall reimburse the Association
upon written demand for the amount charged to the Association.
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(h) Association insurance policy premiums paid by Declarant shall be prorated
between Declarant and the Association as of the date of the first closing of a sate of a
Lot in Phase 1 to a Purchaser, and the Association shall refund to Declarant upon demand
the amount of the proration attributable to the period following the proration date.
8.2 Condemnation. In the event the Common Area or any portion thereof shall be taken
for public purposes by condemnation as a result of any action or proceeding in eminent domain,
or shall be transferred in lieu of condemnation to any authority entitled to exercise the power
of.eminent domain, then the award or consideration for such taking or transfer shall be paid to
and belong to the Association.
ARTICLE IX
COMMON AREA AND COMMON MAINTENANCE AREA:
MAINTENANCE RESPONSIBILITIES
9.1 Common Area. The Association shall maintain and use the Common Area in
accordance with the following standards:
(a) All litter and debris that collects or is deposited on the Common Area shall
be promptly removed and the Common Area shall be kept clear and clean of litter and
debris. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash and debris.
(b) All drainage facilities, including but not limited to, concrete terrace drains,
drainage swales and brow ditches, located on the Common Area shall be maintained by
the Association in good working condition.
(c) Open space easement over Common Area lots 148 and 154 of the Final
Map shall be maintained in accordance with the restrictions set forth in Section 7.24(a)
of this Declaration.
(d) The Brush Management Areas located on Common Area lots 153 and 154
shall be maintained in accordance with the restrictions set forth in Section 7.27 of this
Declaration.
(e) Open space easement over Common Area lots 146, 147 and 150 of the
Final Map shall be maintained in accordance with the restrictions set forth in Sections
7.24(b) and 7.31 of this Declaration. Common Area lots 146 and 147 are planned to
include a meandering sidewalk trail which shall be maintained by the Association until
the City accepts the offer of dedication of the sidewalk trail easement. The City may not
ever accept the offer of dedication.
(f) Entry monuments located on the Common Area shall be maintained in a
clean and attractive appearance.
9.2 Common Maintenance Area. The Common Maintenance Area shall include:
(a) On-Site Areas:
(i) Private storm drain facilities (the boundaries of which are shown
on Exhibit "B" attached to this Declaration and Declarations of Annexation, if any).
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(ii) Portions of Lots, including but not limited to, fencing, walls
landscaping and irrigation facilities, the obligation of maintenance for which is
placed upon the Association by Common Maintenance Area Easement or other
appropriate document (the boundaries of which are shown on Exhibit "B" attached
to this Declaration and Declarations of Annexation, if any).
(b) Off-Site Areas:
(i) A desiltation basin located on property which is adjacent to the
southwestern portion of the Properties (the boundaries of which are described
on Exhibit "B" to this Declaration or Declarations of Annexation, if any), the
obligation of maintenance for which is placed upon the Association by the
"Easement. Maintenance and CIVIL CODE §1468 Agreement (Desiltation Basin)"
recorded in the Office of the County Recorder of San Diego County, California
on November 19, 1998 as Document No. 1998-0753223.
(ii) A temporary lift station located on property which is adjacent to
the southwestern portion of the Properties (the boundaries of which are described
on Exhibit "B" to this Declaration or Declarations of Annexation, if any), the
obligation of maintenance for which is placed upon the Association by the
"Easement, Maintenance and ClVllCODE §1468 Agreement (Lift Station)" recorded
in the Office of the County Recorder of San Diego County, California on November
24, 1998 as Document No. 1998-0765410. The Association's obligation to
maintain the temporary lift station terminates in accordance with the terms of the
Easement, Maintenance and Civil Code §1468 Agreement (Lift Station).
(iii) A desiltation basin located on property which is adjacent to the
northeastern portion of the Properties (the boundaries of which are described on
Exhibit "B" to this Declaration or Declarations of Annexation, if any), the obligation
of maintenance for which is placed upon the Association by the "Easement and
Maintenance Agreement" recorded in the Office of the County Recorder of San
Diego County, California on February 3,1999 as Document No. 1999-0066149.
(iv) Brush Management Areas located on property which is adjacent
to the southern portion of the Properties (the boundaries of which are described
on Exhibit "B" to this Declaration or Declarations of Annexation, if any), the obliga-
tion of maintenance for which is placed upon the Association by the "Easement
and Brush Maintenance Agreement" recorded in the Office of the County Recorder
of San Diego County, California, on September 22, 1998 as Document No.1998-
0605048.
An easement or right over an area which otherwise would be Common Maintenance
Area may be conveyed to a public assessment district, in which event the area conveyed shall
be maintained by the public assessment district.
9.3 Association Maintenance. The Association shall maintain and provide for the
maintenance of all Common Area and Common Maintenance Area and all improvements thereon
in good repair and appearance as set forth in the Declaration and in accordance with the
requirements of the City and the "Canterbury Landscape Maintenance Manual". The Association
shall maintain all drainage facilities located within the Common Area and Common Maintenance
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Area in good working condition. The Association shall have the right to enter onto any Lot (but
not within the dwelling on the Lot) as may be necessary for the construction, maintenance or
emergency repair of the Common Area or Common Maintenance Area or, if necessary, for the
benefit of the Owners in common, including the maintenance and repair of surface and subsurface
drainage pipes and facilities. Any damage caused to a Lot by entry of the Association shall be
repaired by the Association at its expense. The Association may retain the services of consultants
to periodically review and inspect the Common Area and Common Maintenance Area to ensure
adequacy of the Association's maintenance program. The Association's obligation to maintain
the Common Area shall commence upon conveyance of the Common Area to the Association.
The Association's obligation to maintain the Common Maintenance Area shall
commence in Phases upon conveyance to the Association of a Common Maintenance Area
Easement describing the Common Maintenance Area to be maintained or upon conveyance of
a Lot upon which the Common Maintenance Area is located to a Purchaser, whichever shall first
occur. The Association's obligation to maintain the Common Maintenance Area which is not
located within the Properties (the maintenance of which is the responsibility of the Association
pursuant to the Declaration, Declaration of Annexation or by easement or agreement) shall
commence in Phases (as shown in this Declaration or Declaration of Annexation) upon the first
close of escrow of a Lot to a Purchaser within a particular Phase, unless an easement or agreement
requires otherwise. The Association's consent shall not be required to transfer to the Association
any off-site Common Maintenance Areas by Declarant.
9.4 Drainage Facilities Maintenance Program. The Association shall maintain in good
repair and condition any drainage facilities located in the Common Area and Common Maintenance
Area, including, but not limited to, vegetated swales, riprap swales, concrete terrace drains,
brow ditches, inlets, cleanouts, subsurface drainage pipes, and outlets. The drainage facilities
shall be maintained by the Association until such time as these facilities may be accepted for
maintenance by the City. The maintenance shall include removal of trash and debris, and ensuring
that all drainage facilities remain in good working order. The Association shall have the right to
enter onto any Lot as may be necessary for the construction, maintenance or emergency repair
of drainage facilities on the Common Area or Common Maintenance Area. Any damage caused
to a Lot by entry of the Association shall be repaired by the Association at the Association's
expense.
9.5 Owner Maintenance. Each Owner shall keep and maintain in good repair and
appearance all portions of his Lot and the landscaping within the public right of way which is
between the sidewalk adjacent to the Owner's front yard and the street right of way and
improvements thereon (other than that portion the maintenance of which is the responsibility
of the Association or a public maintenance assessment district), including, but not limited to,
any fence or wall, concrete terrace drain, brow ditches or drainage swales which is located on
the Owner's Lot. The Owner of each Lot shall water, weed, maintain and care for the landscaping
located on his Lot (other than that portion the maintenance of which is the responsibility of the
Association or a public maintenance assessment district) and the landscaping within the public
right of way which is between the sidewalk adjacent to the Owner's front yard and the street
right of way so that the same presents a neat and attractive appearance, free from weeds, trash
and debris. No Owner shall interfere with or damage the Common Maintenance Area nor interfere
with or impede Declarant, the Association or a public maintenance assessment district in
connection with the maintenance of the Common Area or Common Maintenance Area.
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9.6 Maintenance of Walls and Fences.
(a) The Association shall repair and replace the structure of any "split face
wall" and shall also maintain the exterior portion of such wall located in any Common
Area or in any Common Maintenance Area, as shown on Exhibit "B" to this Declaration
or Declarations of Annexations, if any. The Owner of the Lot, on which the "split face
wall" is located, shall maintain the interior portion of such wall facing his or her residence
(unless it is part of the Common Maintenance Area).
(b) The Association shall repair and replace the structure of any "wood fence"
which separates a Lot from the Common Area or Common Maintenance Area and shall
also maintain the exterior portion of such fence facing the Common Area and Common
Maintenance Area, as shown on Exhibit "B" to this Declaration or Declarations of
Annexations, if any. The Owner of the Lot on which such fence is located, shall maintain
the interior portion of such fence facing his or her residence (unless it is part of the
Common Maintenance Area).
(c) The Association shall repair, replace and maintain any (i) "low wood fence",
(ii) "concrete two rail fence", (iii) "tubular steel fence" and (iv) "vinyl coated chain link
fence", located within any Common Area or any Common Maintenance Area as shown
on Exhibit "B" to this Declaration or Declarations of Annexations, if any.
(d) For any fence or wall, other than the walls or fences described in Sections
9.6 (a) through (c), which separates the Lots, each Owner shall have the obligation to
maintain and repair the interior portion of the fence or wall facing the Owner's residence
and the Owners shall, subject to Section 7.21, share, on an equitable basis, the cost of
replacing such fence or wall. The Owner of each affected portion of the Properties upon
which a party wall or fence is located shall have a reciprocal non-exclusive easement
to the Properties immediately adjacent to the interior fence or wall for the limited purpose
of maintaining the party wall or fence.
9.7 Association's Right to Repair Neglected Lots.. In the event an Owner of a Lot should
fail to maintain his Lot and improvements on his Lot in a manner satisfactory to the Board, the
Association, after approval by two-thirds (%) vote of the Board, shall have the right through its
agents and employees, to enter onto the Lot and to repair, maintain and restore the Lot and exterior
of the building and any other improvements erected on the Lot. However, no entry into a dwelling
may be made without the consent of the Owner, and entry shall only be made after not less
than three (3) days notice has been given to the Owner. Entry by the Association shall be made
with as little inconvenience to the Owner as possible and any damage caused by the Association
shall be repaired by the Association. The cost of such exterior maintenance shall be added to
and become a part of the assessment to which the Lot is subject, but the cost shall not be a
lien on the Lot. There is hereby created an easement in favor of the Association to enter onto
each Lot which is subject to assessment by the Association to provide maintenance as provided
in this Section, subject to the foregoing notice and consent requirements.
9.8 Maintenance By City. If the Association fails to maintain the Common Area or
Common Maintenance Areas as provided in this Article, the City shall have the right, but not
the duty to perform the necessary maintenance. If the City elects to perform such maintenance,
the City shall give written notice o the Association, with a copy thereof to the Owners, setting
forth with particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the giving of
such notice. In the event that the Association fails to carry out such maintenance of the Common
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Area and or Common Maintenance Areas within the period specified by the City's notice, the
City shall be entitled to cause such work to be completed and shall be entitled to reimbursement
with respect thereto from the Owners as provided in Section 4.15.
9.9 Use of Proceeds To Repair. In the event the Association receives, on its own behalf
or for the benefit of the Owners, any proceeds as a result of any construction defect or similar
claims brought by the Association, then the Association shall apply such proceeds first for the
purpose of repairing such defects or replacing reserve funds previously utilized by the Association
to.cause such repairs and then to the costs of the action to recover such sums. Any excess
proceeds shall be applied as determined by the Board, subject to any requirements established
by the laws of the State of California applicable non-profit mutual benefit corporations and any
other applicable laws.
ARTICLE X
ANNEXATION
10.1 By Association. Additional residential property, Common Area and Common
Maintenance Area may be annexed to the Properties and to the Declaration upon the vote or
written assent of two-thirds (%) of the voting power of Members of the Association, excluding
the vote of Declarant. Upon approval by Members of the Association, the Owner of the property
wishing it to be annexed may file of record a "Declaration of Annexation" which shall extend
the provisions of this Declaration to the property being annexed.
10.2 By Declarant. Land within the Annexation Property may be annexed to the
Declaration as Lots, Common Area and Common Maintenance Area and to the jurisdiction of
the Association by the owner of the property and additional Common Area and Common
Maintenance Area may be transferred to the Association without the consent of Members of
the Association or the Board at any time within ten (10) years following the original issuance
by the California Department of Real Estate of the most recently issued Final Subdivision Public
Report for a Phase. The ten (10) year period shall be automatically extended for each day of
delay caused by or resulting from any building moratoria or other action imposed by a governmental
body or agency which delays or prevents the construction or sale of a home on any Lot.
Annexation shall be made by Declaration of Annexation executed by the owner of the land being
annexed. The Declaration of Annexation may be revoked or amended at any time before the first
close of sale of a Lot in the annexed property and may contain additional or different restrictions
applicable to the annexed property.
ARTICLE XI
RIGHTS OF LENDERS
11.1 Payments of Taxes or Premiums by Rrst Mortgagees. First Mortgagees may, jointly
or severally, pay taxes or other charges which are in default and which may or have become
a charge against the Common Area, unless the taxes or charges are separately assessed against
the Owners, in which case, the rights of first Mortgagees shall be governed by the provisions
of their Mortgages. First Mortgagees may, jointly or severally, also pay overdue premiums on
casualty insurance policies, or secure a new casualty insurance coverage on the lapse of a policy
for the Common Area; first Mortgagees making such payments shall be owed immediate reimburse-
ment from the Association. Entitlement to reimbursement shall be reflected in an agreement in
favor of any first Mortgagee who requests the same to be executed by the Association.
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11.2 Priority of Lien of Mortgage. No breach of the covenants, conditions or restrictions
in the Declaration shall affect, impair, defeat or render invalid the lien or charge of arty first
Mortgage made in good faith and for value encumbering any Lot, but all of the covenants,
conditions and restrictions shall be binding upon and effective against any Owner whose title
to a Lot is derived through foreclosure or trustee's sale, or otherwise.
11.3 Curing Defaults. A first Mortgagee who acquires title by judicial foreclosure, deed
in lieu of foreclosure or trustee's sale shall not be obligated to cure any breach of the provisions
of this Declaration which is non-curable or of a type which is not practical or feasible to cure.
The determination of the Board made in good faith as to whether a breach is non-curable or not
feasible to cure shall be final and binding on Mortgagees.
11.4 Approval of First Mortgagees. Except as provided by statute in case of condemnation
or substantial loss to the Lots or Common Area, unless the Mortgagees of first Mortgages
encumbering sixty-seven percent (67%) or more of the Lots which are subject to a Mortgage
or Owners representing sixty-seven percent (67%) of the voting power of the Association
(excluding the vote of Declarant) have given their prior written approval, the Association shall
not:
(a) By act or omission, seek to abandon, partition, subdivide, encumber, sell
or transfer the Common Area. The granting of easements for public utilities or for other
public purposes shall not be deemed a transfer within the meaning of this Subsection.
(b) Change the method of determining the obligations, assessments, dues or
other charges which may be levied against an Owner.
(c) By act or omission, change, waive or abandon any scheme of regulations,
or enforcement thereof, pertaining to the architectural design or exterior appearance of
residences, the exterior maintenance of residences, the maintenance of Common Area
walks or common fences and driveways, or the upkeep of lawns and plantings in the
project.
(d) Fail to maintain fire and extended coverage insurance on the Common Area
on a current replacement cost basis in an amount not less than one hundred percent
(100%) of the insurable value, based on current replacement cost.
(e) Use hazard insurance proceeds for losses to any portion of the Common
Area for other than the repair, replacement or reconstruction of the Common Area.
11.5 Restoration of Common Area. Any restoration or repair of the Common Area after
partial condemnation or damage due to an insurable event, shall be performed substantially in
accordance with the Declaration and original plans and specifications unless other action is
approved by holders of first Mortgages on Lots which have at least fifty-one percent (51 %) of
the votes of Lots subject to Mortgage holders.
11.6 Professional Management. When professional management has been previously
required by a first Mortgage holder, a decision to establish self-management by the Association
shall require the consent of at least sixty-seven percent (67%) of the voting power of Members
of the Association and the approval of holders of first Mortgages on Lots, the Owners of which
have at least fifty-one percent (51 %) of the votes of Lots encumbered by Mortgages.
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11.7 Notice to Mortgagees. Upon written request to the Association identifying the
name and address of the holder and the Lot number or address, any first Mortgage holder will
be entitled to timely written notice of:
(a) Any condemnation loss or any casualty loss which affects a material portion
of the Properties or any Lot on which there is a first Mortgage held by the Mortgage holder.
(b) Any delinquency in the payment of assessments or charges owed by an
Owner subject to a first Mortgage held by the Mortgage holder which remains uncured
for a period of sixty (60) days.
(c) Any lapse, cancellation or material modification of any insurance policy
or fidelity bond maintained by the Association.
(d) Any proposed action which would require the consent of a specified
percentage of Mortgage holders.
11.8 Documents to be Available. The Association shall make available to Owners and
Mortgagees, and holders, insurers or guarantors of any first Mortgage, current copies of the
Declaration, the Bylaws, other rules concerning the Properties and the books, records and financial
statements of the Association. "Available" means available for inspection, upon request, during
normal business hours or under other reasonable circumstances. The holders of first Mortgages
encumbering fifty-one percent (51 %) or more of the Lots subject to a Mortgage shall be entitled
to have an audited statement for the immediately preceding fiscal year prepared at their expense
if one is not otherwise available. Any financial statement so requested shall be furnished within
a reasonable time following the request.
11.9 Conflicts. In the event of any conflict between any of the provisions of this Article
and any of the other provisions of the Declaration, the provisions of this Article shall control.
ARTICLE XII
GENERAL PROVISIONS
12.1 Enforcement. The Association, Declarant and any Owner shall have the right to
enforce by any proceedings at law or in equity, all covenants, conditions, restrictions and
reservations imposed by the provisions of the Declaration and rules and regulations adopted
pursuant to this Declaration. Each Owner shall have a right of action against the Association
for any failure of the Association to comply with the provisions of the Declaration or of the Bylaws
or Articles. Failure by the Association, Declarant or any Owner to enforce any covenant, condition,
restriction or reservation in the Declaration shall not be deemed a waiver of the right to do so
thereafter. The City shall have the right, but not the obligation, to enforce the provisions of the
Declaration and for such purposes shall be deemed a party hereto. In the event the City files
a legal action to enforce the provisions of the Declaration and it is the prevailing party in the
litigation, it shall be entitled to recover costs of suit and attorneys' fees incurred in the litigation.
12.2 Severabilitv. Should any provision in the Declaration be void or become invalid
or unenforceable in law or equity by judgment or court order, the remaining provisions shall be
and remain in full force and effect.
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12.3 Amendments.
(a) By Declarant. Prior to the date escrow closes for any sale of a Lot to an
Owner, this Declaration may be unilaterally amended by Declarant.
(b) By Members. Except as may otherwise be stated in the Declaration, during
the period of time prior to conversion of the Class B membership in the Association to
Class A membership, this Declaration may be amended at any time and from time to time
by the vote or written consent of sixty-seven percent (67%) of the voting power of each
class of Members of the Association, any which amendment shall become effective upon
recording with the Office of the County Recorder of San Diego County, California. After
conversion of the Class B membership in the Association to Class A membership, the
Declaration may be amended at any time and from time to time by the vote or written
consent of (i) sixty-seven percent (67%)of the total voting power of the Association, and
(ii) at least sixty-seven percent (67%) of the voting power of Members of the Association
other than Declarant.
(c) Amendments Material to Mortgagees. Anything herein stated to the contrary
notwithstanding, no material amendment may be made to this Declaration without the
prior written consent of Mortgagees of first Mortgages encumbering fifty-one percent
(51 %} or more of the Lots within the Properties which are subject to a Mortgage."Material
amendment" shall mean, for purposes of this Section, any amendments to provisions
of this Declaration governing any of the following subjects:
(i) The fundamental purpose for which the Properties were created
(such as a change from residential use to a different use).
(ii) Assessments, assessment liens or the priority of assessment liens.
(iii) Reserve for maintenance, repair and replacement of the Common
Area or Common Maintenance Area.
(iv) Responsibilities for maintenance and repairs,
(v) Insurance or fidelity bonds.
(vi) Restoration or repair of the Properties after a hazard damage or partial
condemnation.
(vii) Rights to use the Common Area or Common Maintenance Area.
(viii) Expansion or contraction of the Properties or the addition, annexation
or withdrawal of property to or from the Properties.
(ix) Voting rights.
(x) Convertibility of Lots into Common Area or of Common Area into
Lots.
(xi) Redefinition of boundaries of any Lot or the Common Area,
(xii) The interests in the Common Areas or Common Maintenance Area.
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(xiii) Leasing of Lots.
*•*
(xiv) Imposition of any restrictions on the right of an Owner to sell or
transfer his Lot.
(xv) Any action to terminate the legal status of the Association after
substantial destruction or condemnation.
(xvi) The requirement of retention of professional management of the
Association.
(xvii) Any provision which is expressly for the benefit of first Mortgagees
or insurers or guarantors of first Mortgages.
An amendment to the Declaration shall not be considered material if it is for the
purpose of correcting technical errors or for clarification or for making a change which
is of no practical significance. A first Mortgagee who receives a written request delivered
by certified or registered mail, return receipt requested, to approve amendments who
does not deliver or mail to the requesting party a negative response within thirty (30)
days, shall be deemed to have approved such request.
(d) Amendments to Specific Clauses. Notwithstanding the above provisions,
the percentage of the voting power necessary to amend a specific clause or provision
in the Declaration shall not be less than the percentage of affirmative votes necessary
for action to be taken under that clause or provision.
(e) Approval of City. Any amendment to this Declaration shall require the
consent of the City Attorney of the City and the Planning Director of the City if such
amendment would reduce or eliminate the standards of maintenance and repair of Lots,
Common Area or Common Maintenance Area or reduce or eliminate any right of the City
set forth in this Declaration.
(f) Reduction of Required Percentage. The percentage of membership votes
or written consents required to amend the Declaration may be reduced under certain
circumstances by Court Order obtained pursuant to California CIVIL CODE §1356.
(g) No Amendment Without Declarant's Written Consent. Any provision within
this Declaration which provides Declarant specific rights shall not be amended without
the written approval of Declarant during the period prior to (i) ten (10) years after this
Declaration is recorded or (ii) the annexation of all the Annexation Property and sale of
all the Lots to Purchasers, whichever shall first occur.
12.4 Extension of Declaration. Each and all of the covenants, conditions and restrictions
shall run with and bind the land for a term of sixty (60) years from the date the Declaration is
recorded, after which date they shall automatically be extended for successive periods of ten
(10) years, unless the Owners of two-thirds (%) of the Lots subject to the Declaration have
executed and recorded at any time within six (6) months prior to the end of the sixty (60) year
period, or within six (6) months prior to the end of any such ten (10) year period, in the manner
required for a conveyance of real property, a written instrument in which it is agreed that the
restrictions shall terminate at the end of the sixty (60) year period or at the end of any ten (10)
year period.
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12.5 Encroachment Easement. The following easements are hereby reserved by Declarant,
subject to all items of record, including, but not limited to, the general utility easements of record:
(a) It is intended that, unless Declarant decides to relocate the same, each
fence or wall installed by Declarant with the intention of separating Lots from one another,
or separating a Lot from Common Area, or separating a Lot from Common Maintenance
Area shall establish the usable boundaries between the affected Lots, the Lots and Common
Area and the Lots and Common Maintenance Area, respectively, regardless of whether
the fence or wall lies exactly on the boundary line. An easement is hereby reserved for
each such fence or wall to be repaired and replaced by the party(ies) obligated to maintain
the same, in the location where such fence or wall was so installed by Declarant. Declarant
shall have the right, but not the obligation, to relocate any such fence or wall to the
applicable boundary line during the period of time that Declarant has the right to annex
Lots to this Declaration. The portions of land lying inside a fence or wall may be used
by the adjoining Owner for yard purposes, subject to any open space easements or other
items of record. The portions of land lying outside a fence or wall which adjoin Common
Area or Common Maintenance Area may be used by the Association for such purposes.
(b) In the event any improvement to a Lot encroaches upon the Common Area
or Common Maintenance Area or any Common Area or Common Maintenance Area
improvement encroaches upon any Lot as a result of the construction, reconstruction,
repair, shifting, settlement or movement of any portion thereof, an easement for the
encroachment and for its maintenance is hereby reserved for so long as the encroachment
exists; provided, however, in no event shall an easement for encroachment be created
in favor of an Owner or the Association if the encroachment occurred due to the willful
misconduct of the Owner or the Association. In the event a structure on a Lot is partially
or totally destroyed and then rebuilt or repaired, the minor encroachments over adjoining
Common Area and Common Maintenance Area shall be permitted and there shall be
easements for maintenance of the encroachments so long as they shall exist.
"Improvement" as used in this subsection does not include a fence or wall (fences and
walls are the subject of Subsection (a) of this Section).
(c) An easement is hereby reserved in favor of each Lot over adjoining Lots
for the purpose of accommodating encroachments due to design, construction, engineering
errors, errors in construction, settlement or shifting of the building, roof overhangs,
architectural or other appendants and drainage of water from roofs. There shall be
easements for the maintenance of encroachments so long as they shall exist; provided,
however, that no easement is created in favor of an Owner if the encroachment occurred
due to the willful misconduct of the Owner. In the event a structure on any Lot is partially
or totally destroyed and then rebuilt or repaired, the minor encroachments over adjoining
Lots shall be permitted and there shall be easements for maintenance of encroachments
so long as they shall exist.
12.6 Special Responsibilities of Association. In the event improvements to be installed
by Declarant to the Common Area have not been completed prior to the issuance by the California
Department of Real Estate of a Final Subdivision Public Report for a Phase, and in the further
event the Association is the obligee under a bond to secure the obligation of Declarant to complete
the improvements, then if the improvements have not been completed and a Notice of Completion
filed within sixty (60) days after the completion date specified in the Planned Construction
Statement appended to the bond, the Board shall consider and vote upon the question of whether
or not to bring action to enforce the obligations under the bond. If the Association has given
an extension in writing for the completion of any improvement, then the Board shall consider
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and vote on the question if the improvements have not been completed and a Notice of Completion
filed within thirty (30) days after the expiration of the extension period. In the event the'Board
determines not to take action to enforce the obligations secured by the bond, or does not vote
on the question as above provided, then, in either event, upon petition signed by Members
representing five percent (5%) or more of the voting power of the Association (excluding the
voting power of Declarant), the Board shall call a special meeting of the Members of the
Association to consider the question of overriding the decision of the Board or of requiring the
Board to take action on the question of enforcing the obligations secured by the bond. The meeting
of .Members shall be held not less than thirty-five (35) days nor more than forty-five (45) days
following receipt of the petition. At the meeting, a vote of a majority of the voting power of
Members of the Association, excluding the vote of Declarant, to take action to enforce the
obligations under the bond shall be deemed to be the decision of the Association, and the Board
shall thereafter implement the decision by initiating and pursuing appropriate action in the name
of the Association.
12.7 Attorneys' Fees. Except as stated herein, in the event of litigation arising out of
or in connection with the Declaration, the prevailing party shall be entitled to receive costs of
suit and such sum for attorneys' fees as the Court deems reasonable. Notwithstanding any other
provision herein to the contrary, in any dispute between the Association and/or any Owner and
Declarant, each party shall bear its own attorneys' fees.
12.8 Notice of Actions Against Declarant. The Association shall comply with the
provisions of § 1368.4 of the CIVIL CODE, or any successor statute or law, by providing written
notice to each Member whose name then appears on the records of the Association, not later
than thirty (30) days prior to the filing of any civil action by the Association against Declarant
or other developer of the Properties for either alleged damage to the Common Area or other
property within the Properties that the Association is obligated to maintain or repair, or alleged
damage to any other portion of the Properties that arises out of, or is integrally related to, such
damage to the Common Area or other property within the Properties that the Association is
obligated to maintain or repair. Such notice shall specify all of the following:
(a) That a meeting of the Members will take place to discuss problems that
may lead to the filing of a civil action;
(b) The options, including civil actions, that are available to address the
problems;
(c) The time and place of such meeting; and
(d) A description of the nature of the claim, the basis for bringing the claim,
the source of funds to process the proceedings (i.e., reserves or special or regular
assessments), an estimate of the cost to the Association in prosecuting any claim, a
description of the agreement with the attorney representing the Association on such claim
and a statement advising the members of their duty to disclose to prospective purchasers
and lenders the claims of defect which the Association will assert. Such notice shall be
given to Declarant and each Member and any other person or entity with the party or
prospective party to the civil action.
Notwithstanding the foregoing, if the Association has reason to believe, after a diligent and good
faith inquiry, that the applicable statute of limitations will expire before the Association files such
a civil action, the Association may give the notice, described above, within thirty (30) days after
the filing of the action. However, the Association shall undertake reasonably prudent steps to
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ascertain whether a tolling agreement extending the time period for such expiration can be
executed with Declarant and the other parties to the civil action.
12.9 Declarant Dispute Notification and Resolution Procedure; Waivers. Notwithstanding
any provision of this Declaration to the contrary, any action or claim by, between or among
Declarant, as the builder of the Properties or any director, officer, partner, member, employee
or agent of Declarant, or any contractor, subcontractor, design professional, engineer or supplier
who provided labor, services or materials to the Properties and who is bound or has agreed to
be4bound to the following dispute notification and resolution procedure (collectively, the "Declarant
Parties") and either the Association or any Owner, relating to or arising out of the Properties,
this Declaration or other governing documents for the Association, any other agreements between
the Declarant Parties and an Owner or the Association, the sale of the Property, the use or
condition of the Property or the design or construction of or any condition on or affecting the
Properties, including, but not limited to, construction defects, surveys, soils conditions, grading,
specifications, installation of improvements or disputes which allege breach of implied or express
warranties as to the condition of the Property or Properties where the amount in controversy
is greater than $25,000 or in which non-monetary relief is sought that cannot be granted by
a Municipal Court in the State of California as of January 1, 1998 (collectively, "Dispute(s)"),
shall be subject to the provisions set forth below:
(a) Notice. Any person with a Dispute claim shall notify Declarant in writing
of the claim, which writing shall describe the nature of the claim and any proposed remedy
(the "Claim Notice").
(b) Right to Inspect and Right to Corrective Action. Within a reasonable period
after receipt of the Claim Notice, which period shall not exceed sixty (60) days, Declarant
and the claimant shall meet at a mutually-acceptable place within the Properties to discuss
the claim. At such meeting or at such other mutually-agreeable time, Declarant and
Declarant's representatives shall have full access to the property that is subject to the
claim and shall have the right to conduct inspections, testing and/or destructive or invasive
testing of the same in a manner deemed appropriate to Declarant, which rights shall
continue until such time as the Dispute is resolved as provided in this Section. The parties
to the Dispute shall negotiate in good faith in an attempt to resolve the claim. If Declarant
elects to take any corrective action, Declarant and Declarant's representatives and agents
shall be provided full access to the Properties to take and complete corrective action.
(c) Civil Code Sections 1368.4 and 1375. Nothing contained herein shall be
deemed a waiver or limitation of the provisions of California CiViLCODE §1368.4, referenced
above. If the claim is subject to the provisions of CIVIL CODE §1375 as it may be amended
from time to time, compliance with the procedures of CIVIL CODE §§1375 (b), (d) and (e)
shall satisfy the requirements of Sections 12.9(a) and 12.9{b) above.
(d) Mediation. If the parties to the Dispute cannot resolve the claim pursuant
to the procedures described in Section 12.9(c) above (including, if applicable, CIVIL CODE
§ 1375 procedures), the matter shall be submitted to mediation pursuant to the mediation
procedures adopted by the American Arbitration Association (except as such procedures
are modified by the provisions of this Section 12.9[d]) or any successor thereto or to any
other entity offering mediation services that is acceptable to the such parties. No person
shall serve as a mediator in any Dispute in which the person has any financial or personal
interest in the result of the mediation, except by the written consent of all parties to the
Dispute participating in the mediation. Prior to accepting any appointment, the prospective
mediator shall disclose any circumstances likely to create a presumption of bias or to
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prevent a prompt commencement of the mediation process. Except as provided in Section
12.9(h) below, the Association and each Owner covenants that each shall not commence
any litigation against the Declarant Parties without complying with the procedures described
in this Section 12.9(d).
(i) Position Memoranda; Pre-Mediation Conference. Within ten (10)
days of the selection of the mediator, each party to the Dispute participating in
the mediation shall submit a brief memorandum setting forth its position with regard
to the issues that need to be resolved. The mediator shall have the right to schedule
a pre-mediation conference and all parties to the Dispute participating in the
mediation shall attend unless otherwise agreed. The mediation shall be commenced
within ten (10) days following the submittal of the memoranda and shall be
concluded within fifteen (15) days from the commencement of the mediation unless
the parties to the Dispute participating in the mediation mutually agree to extend
the mediation period .The mediation shall be held in the county in which the
Properties are located or such other place as is mutually acceptable to the parties
to the Dispute participating in the mediation.
(ii) Conduct of Mediation. The mediator has discretion to conduct the
mediation in the manner in which the mediator believes is most appropriate for
reaching a settlement of the Dispute. The mediator is authorized to conduct joint
and separate meetings with the parties to the Dispute participating in the mediation
and to make oral and written recommendations for settlement. Whenever necessary,
the mediator may also obtain expert advise concerning technical aspects of the
Dispute, provided the parties to the Dispute participating in the mediation agree
and assume the expenses of obtaining such advice. The mediator does not have
the authority to impose a settlement on the parties to the Dispute participating
in the mediation.
(iii) Exclusion Agreement. Prior to the commencement of the mediation
session, the mediator and all parties to the mediation shall execute an agreement
pursuant to California EVIDENCE CODE §1152.5(e) or successor statute in order
to exclude the use of any testimony or evidence produced at the mediation in any
subsequent dispute resolution forum, including, but not limited to, court proceed-
ings, reference proceedings or arbitration hearings. Pursuant to California EVIDENCE
CODE §1152.5(a), the agreement shall specifically state that evidence of anything
said or of any admission made in the course of the mediation is not admissible
evidence, and disclosure of any such evidence shall not be compelled in any civil
action in which, pursuant to law, testimony can be compelled to be given. Unless
the document provides otherwise, no document prepared for the purpose of, or
in the course of, or pursuant to, the mediation, or copy thereof, is admissible in
evidence; and disclosure of any such document shall not be compelled in any civil
action in which, pursuant to law, testimony can be compelled to be given.
(iv) Parties Permitted at Sessions. Persons other than the parties to the
Dispute participating in the mediation, the representatives and the mediator may
attend mediation sessions only with the permission of the parties to the Dispute
participating in the mediation and the consent of the mediator. Confidential
information disclosed to a mediator by the parties to the Dispute participating in
the mediation or by witnesses in the course of the mediation while serving in such
capacity shall be confidential. There shall be no stenographic record of the
mediation process.
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(v) Expenses. The expenses of witnesses for either side shall be paid
by the party producing such witnesses. All other expenses of the mediation,
including, but not limited to, the fees and costs charged by the mediator and the
expenses of any witnesses or the cost of any proof or expert advice produced
at the direct request of the mediator, shall be borne equally by the parties to the
Dispute participating in the mediation unless they agree otherwise. Each party
to the mediation shall bear their own attorneys' fees and costs in connection with
such mediation.
(e) Judicial Reference. Should mediation pursuant to Section 12.9(d) above
not be successful in resolving any Dispute, such Dispute shall be resolved by general
judicial reference pursuant to CODE OF CIVIL PROCEDURE §638 and §§ 641 through 645.1,
and as modified or as otherwise provided in this Section 12.9(e). The parties to the Dispute
shall cooperate in good faith to ensure that all necessary and appropriate parties are
included in the judicial reference proceeding. Declarant shall not be required to participate
in the judicial reference proceeding if all parties against whom Declarant would have
necessary or permissive cross-claims or counterclaims will not or cannot be joined in the
judicial reference proceeding, including, but not limited to, the Declarant Parties. Subject
to the limitations set forth in this Section 12.9(e), the general referee shall have the
authority to try all issues, whether of fact or law, and to report a statement of decision
to the court. The referee shall be the only trier of fact or law in the reference proceeding
and shall have no authority to further refer any issues of fact or law to any other party,
without the mutual consent of all parties to the judicial reference proceeding.
(i) Place. The proceedings shall be heard in the county in which the
Properties is located.
(ii) Referee. The referee shall be an attorney or retired judge with
experience in relevant real estate matters. The referee shall not have any
relationship to the parties to the Dispute or interest in the Properties. The parties
to the Dispute shall meet to select the referee within ten (10) days after service
of the initial complaint on all defendants named therein. Any dispute regarding
the selection of the referee shall be promptly resolved by the judge to whom the
matter is assigned, or if there is none, to the presiding judge of the Superior Court
of the County in which the Properties is located, who shall select the referee.
(iii) Commencement and Timing of Proceeding. The referee shall promptly
commence the proceeding at the earliest convenient date in light of all of the facts
and circumstances and shall conduct the proceeding without undue delay.
(iv) Pre-hearing Conferences. The referee may require one or more pre-
hearing conferences.
(v) Discovery. The parties to the judicial reference proceeding shall be
entitled only to limited discovery, consisting of the exchange between such parties
of only the following matters: (A) witness lists; (B) expert witness designations;
(C) expert witness reports; (D) exhibits; (E) reports of testing or inspections of
the property subject to the Dispute, including, but to limited to, destructive or
invasive testing; and (F) trial briefs. Such parties shall also be entitled to conduct
further tests and inspections as provided in Section 12.9(b) above. Any other
discovery provided for in the California CODE OF CIVIL PROCEDURE shall be permitted
by the referee upon a showing of good cause or based on the mutual agreement
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or the parties to the judicial reference proceeding. The referee shall oversee
discovery and may enforce all discovery orders in the same manner as a'ny trial
court judge.
(vi) Limitation on Remedies. The referee shall not have the power to
award punitive damages. In addition, as further provided below, the right to punitive
damages is waived. The referee shall have the power to grant all legal and equitable
remedies and award compensatory damages in the judicial reference proceeding.
(vii) Motions. The referee shall have the power to hear and dispose of
motions, including motions relating to provisional remedies, demurrers, motions
to dismiss, motions for judgment on the pleadings and summary adjudication
motions, in the same manner as a trial court judge, except the referee shall also
have the power to adjudicate summarily issues of fact or law including the
availability of remedies, whether or not the issue adjudicated could dispose of an
entire cause of action or defense. Notwithstanding the foregoing, if prior to the
selection of the referee as provided herein, any provisional remedies are sought
by the parties to the Dispute, such relief may be sought in the Superior Court of
the County in which the Properties are located.
(viii) Rules of Law. The referee shall apply the laws of the State of
California except as expressly provided herein including the rules of evidence, unless
expressly waived by all parties to the judicial reference proceeding.
(ix) Record. A stenographic record of the hearing shall be made, provided
that the record shall remain confidential except as may be necessary for post-
hearing motions and any appeals.
(x) Statement of Decision. The referee's statement of decision shall
contain findings of fact and conclusions of law to the extent required by law if
the case were tried to a judge. The decision of the referee shall stand as the
decision of the court, and upon filing of the statement of decision with the clerk
of the court, judgment may be entered thereon in the same manner as if the Dispute
had been tried by the court.
(xi) Post-hearing Motions. The referee shall have the authority to rule
on all post-hearing motions in the same manner as a trial judge.
(xii) Appeals. The decision of the referee shall be subject to appeal in
the same manner as if the Dispute had been tried by the court.
(xiii) Expenses. The fees and costs of any judicial reference proceeding
hereunder shall be paid as agreed by the parties to the judicial reference proceeding.
If such parties cannot agree on the payment of such costs and fees, including
ongoing costs and fees, then these costs and fees shall be paid as determined
by the referee, with the overall costs and fees of the proceeding ultimately to be
borne as determined by the referee. Each party to the judicial reference proceeding
shall bear its own attorneys' fees and costs in connection with such proceeding.
{f) WAIVERS AND AMENDMENT. DECLARANT AND BY ACCEPTING A DEED
FOR THE COMMON AREA, COMMON MAINTENANCE AREA OR A LOT, AS THE CASE
MAY BE, THE ASSOCIATION AND EACH OWNER AGREE TO HAVE ANY DISPUTE
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RESOLVED ACCORDING TO THE PROVISIONS OF THIS SECTION AND WAIVE THEIR
RESPECTIVE RIGHTS TO PURSUE ANY DISPUTE IN ANY MANNER OTHER THAN AS
PROVIDED IN THIS SECTION. SUCH PARTIES ACKNOWLEDGE THAT BY AGREEING
TO RESOLVE ALL DISPUTES AS PROVIDED IN THIS SECTION, THEY ARE GIVING UP
THEIR RESPECTIVE RIGHTS TO HAVE SUCH DISPUTES TRIED BEFORE A JURY AND
FURTHER WAIVE THEIR RESPECTIVE RIGHTS TO AN AWARD OF PUNITIVE DAMAGES
RELATING TO SUCH DISPUTES, THEREBY GIVING UP ANY RIGHTS SUCH PARTIES MAY
POSSESS TO SUCH REMEDIES. THIS SECTION SHALL NOT BE AMENDED WITHOUT
DECLARANT'S PRIOR WRITTEN CONSENT.
(g) Application of Award. Any proceeds arising from any Dispute by settlement,
award or otherwise, shall be applied in accordance with Section 9.9 of this Declaration.
(h) Exceptions to Mediation and Reference; Statutes of Limitation. The
procedures set forth in Section 12.9(e) above shall apply only to Disputes and shall not
apply to (i) any action taken by the Association against Declarant or any Owner for
delinquent assessments, which shall be covered by Article IV, or (ii) to any action involving
any bond covered by the provisions of Section 12.6. Furthermore, nothing in this Section
shall be considered toll, stay, reduce or extend any applicable statutes of limitation;
provided, however, that the Association or any Owner shall be entitled to commence
a legal action which in the good faith determination of the Board or Owner is necessary
to preserve the Association's or Owner's rights under any applicable statute of limitations,
provided that the Association or Owner shall take no further steps in prosecuting the action
until it has complied with the procedures described in Sections 12.9(d) and 12.9{e).
12.10 Limitation of Restrictions on Declarant. Declarant is undertaking the work of
construction of residential dwellings and incidental improvements upon the Properties and
Annexation Property. The completion of that work, and the sale, rental and other disposal of
dwellings is essential to the establishment and welfare of the Properties and Annexation Property
as a residential community. In order that the work may be completed and the Properties and
Annexation Property be established as a fully occupied residential community as rapidly as possible,
nothing in this Declaration shall be understood or construed to:
(a) Prevent Declarant, its contractors or subcontractors from doing on the
Common Area or any Lot whatever is reasonably necessary or advisable in connection
with the completion of the work, including access over the Properties;
(b) Prevent Declarant or its representatives from erecting, constructing and
maintaining on any part or parts of the Properties or Annexation Property, such structures
as may be reasonable and necessary for the conduct of its business of completing the
work and establishing the Properties or Annexation Property as a residential community
and transferring the Properties or Annexation Property in parcels by sale, lease or other-
wise;
(c) Prevent Declarant from conducting on any part of the Properties or
Annexation Property its business of completing the work, and of establishing a plan of
ownership and of transferring the Properties or Annexation Property by sale, lease or
otherwise;
(d) Prevent Declarant from maintaining such signs, poles or flags on any of
the Properties or Annexation Property as may be necessary for the sale, lease or disposition
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thereof; provided, however, that the maintenance of any sign, pole or flag shall not
unreasonably interfere with the use by any Owner of his Lot or the Common Area;
(e) Prevent Declarant from making changes to, repairing or replacing the
Common Area as may be reasonably necessary to satisfy or comply with the requirements
of the City or other applicable public agencies;
(f) Prevent the right of Declarant to: {i} modify all unsold Lots in the Properties
s or Annexation Property, including increasing or decreasing the size or number of Lots;
(ii) complete construction of any improvements in the Properties or Annexation Property;
(iii) redesign or otherwise change the style, square footage, color or appearance of any
improvement in any portion of the Properties or Annexation Property owned or controlled
by Declarant; (iv) construct such additional improvements on any portion of the Properties
or Annexation Property owned or controlled by Declarant; and/or (v) otherwise control
all aspects of designing and constructing the improvements and selling or leasing Lots
in the Properties or Annexation Property, provided prior approval of the appropriate
governmental agencies, if applicable, is obtained by Declarant. Declarant hereby reserves
unto itself, and its successors and assigns, a non-exclusive easement for ingress and
egress on, over and across the Properties as necessary to construct improvements, and
further reserves the exclusive right to maintain sales office, model complex and reasonable
signs on any portion of the Properties owned or controlled by Declarant; or
(g) Prevent Declarant from establishing additional licenses, easements and
rights-of-way for building, constructing or installing any utility or other similar facilities
over any portion of the Properties or Annexation Property owned by Declarant, in favor
of Declarant, utility companies or other, as may, from time to time be reasonably necessary
for the development of the Properties or Annexation Property.
The rights of Declarant provided in Subsections (a) through (g) above, may be
exercised by Declarant as long as Declarant owns any portion of the Properties or Annexation
Property. So long as Declarant, its successors and assigns, owns one or more of the Lots described
herein, Declarant, its successors and assigns, shall be subject to the provisions of this Declaration.
Declarant, in exercising its rights under this Section, shall not unreasonably interfere with the
use of the Common Area by any Owner.
12.11 No Interference With City Ordinances. No provision in this Declaration and no
contract of sale, lease or other written document, shall establish any restriction on Declarant
or others which would prevent any other person or entity from complying with all applicable
provisions of the Governmental Regulations referred to in Article V of this Declaration or any
other City ordinances, rules, policies or regulations.
12.12 Conflict Of Provisions. In the event of a conflict among the provisions of the
Declaration, the Articles and the Bylaws, the provisions of the Declaration shall control. In the
event of a conflict between the provisions of the Articles and Bylaws, the provisions of the Articles
shall control.
12.13 Documents Provided To Prospective Purchasers. Each Owner, other than Declarant,
shall as soon as practicable before sale of a Lot, provide to the prospective purchaser the
disclosures, information and documents required by law, as the law may from time to time be
changed. As of the date of this Declaration, these disclosures, information and documents include,
but are not limited to:
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(a) A copy of the Articles, Bylaws and Declaration.
(b) A copy of the most recent financial statements of the Association.
(c) A true statement in writing from an authorized representative of the
Association as to the amount of the Association's current annual and special assessments
and fees, as well as any assessments levied upon the Lot which are unpaid as of the date
of the statement. The statement shall also include true information on late charges, interest
and costs of collection which, as of the date of the statement, are or may be made a
lien upon the Lot.
(d) A statement setting forth any change in the Association's current annual
and special assessments and fees which have been approved by the Board but have not
become due and payable as of the date this statement is provided.
IN WITNESS WHEREOF, the undersigned, being Declarant herein, has set its hand and
seal as of the date first hereinabove written.
SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership
BY: J.F. SHEA CO., INC. a Nevada corporation,
/ dba "SHEA-HOP^ES", is General Partner
^'Name:
Title:
By.
Name:
Title:
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STATE OF CALIFORNIA }
) ss.
COUNTY OF SAN DIEGO )
On foiV 1 !) . 19^, before me,
a Notary Public in and .for said State, personally appeared
•O
_ ._... __ _ ___ ____
' ' personally known to me (or-proved-to-mc on the basls-ef satisfactory evidence) to be the person(s)
whose name{s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/bef/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public - California
San Diego County
MyComm. Expires Jun 23,2003
Signature A \ \VXMM(XX4^OCrnJlrY\\fcv\S ~ TSeal
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EXHIBIT "A"
Annexation Property
Lots 1 through 55, inclusive, 59 through 94, inclusive, 109 through 111,
inclusive, 119 through 125, inclusive, 131 through 149, inclusive, and 151
through 154, inclusive, of CARLSBAD TRACT NO. 96-07-03 KELLY RANCH
VILLAGE E according to Map thereof No. 13715 filed in the Office of the
County Recorder of San Diego County, California, on December 31, 1998.
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EXHIBIT "B"
Common Maintenance Area
On-Site (located within the Properties)/Phase 1:
Portions of Lots 101, 108, 112 through 116, inclusive, and 127 throughl 30, inclusive,
as'shown on the attached Exhibit.
Off-Site (located outside the Properties)/ Phase 1:
None in this Phase.
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EXHIBIT "B"
ON-SITE COMMON
MAINTENANCE
N '«
COMMON MAINTENANCE AREA EENCING
WOOD FENCE
SPLIT FACE MASONRY WALL
Project Design Considtants
PLANNING ENGINEERING SURVEYING
701 "B" Street, Suite 800. San Diego. Co.. 92101
619'235'6471 FAX 234-0349