HomeMy WebLinkAboutCT 98-19; Roesch Property Residential Subdivision; Tentative Map (CT) (57)HECHT
SOLBERG
ROBINSON
i GOLDBERG
LLP
SUSAN LEE DALY
ATTORNEY AT LAW
September 5, 2001
Mr. Don Rideout - Via Overnite Express
Ms. Anne Hysong
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, California 92008
Re: Shorepointe: Carlsbad Tract No. 97-14 Unit 1 and Carlsbad Tract No. 97-14 Unit 2
(Mariano) & Carlsbad Tract No. 98-19 (Roesch)
Dear Mr. Rideout and Ms. Hsyong:
As requested by Mr. Tom Farrar, of Standard Pacific of San Diego ("Standard Pacific"), I am
sending this letter to explain how Condition 27 for the Roesch property has been addressed. As you may
recall, I sent you a copy of the Declaration of Restrictions for Shorepointe ("CC&Rs"), along with a letter
dated February 2, 2000, explaining that the CC&Rs cover the Mariano and Roesch properties. The
conditions for Mariano and Roesch properties required to be addressed in cc&rs were incorporated in the
CC&Rs. As such, Condition 27, which deals with lot 22 of Carlsbad Tract No. 98-19 ("Lot 22"), was
addressed in the CC&Rs as follows:
Lot 22 was designated as" Annexable Property" in the CC&Rs. Lot 22 is planned to be annexed to
the CC&Rs as part of the last phase for Shorepointe (i.e, phase 9), becoming subject to the jurisdiction of
the Carlsbad Shorepointe Homeowners Association ("Association"). The California Department of Real
Estate's approved budget for Shorepointe contemplates that Lot 22 will be conveyed to the Association as
Common Area to be maintained by the Association in phase 9. Pursuant to subsection 9.1(a)(vii) of the
CC&Rs, upon conveyance of Lot 22, the Association is required to provide for the maintenance of Lot 22
subject to the open space easement restrictions set forth in Section 7.25 of the CC&Rs. Section 7.25 of the
CC&Rs states:
7.25 Open Space Easement. Open space easements over Common Area lot 137
of the Unit 1 Map and Common Area lot 22 of Tract 98-19 have been dedicated to the City
on their respective maps. Development of the open space areas is limited to improvements
set forth on the grading, landscape and improvement plans and biological revegetation
program 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 lot. Any request by the owner of the open space lot for further
ATTORNEYS AT LAW 600 WEST BROADWAY, EIGHTH FLOOR SAN DIEOO, CALIFORNIA 92101 TELEPHONE 619.239.3444 FACSIMILE 619.232.6828
Mr. Don Rideout
Ms. Anne Hysong
September 5, 2001
Page 2
development of the open space area 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 lot for
further development of the open space area 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.
When Lot 22 is conveyed to the Association, Standard Pacific plans to reserve a temporary
easement to maintain the revegetation area within Lot 22; the term of the easement is intended to coincide
with the 5 year revegetation maintenance and monitoring period required by the California Coastal
Commission.
If the City of Carlsbad ("City") requires Lot 22 to be conveyed to the City or its assigns before it is
conveyed to the Association, then Standard Pacific will not annex Lot 22 to the CC&Rs; rather, it will
convey such lot to the City or its assigns after the 5 year maintenance and monitoring period. During the 5
year period, Standard Pacific will maintain and monitor the revegetation subject to the open space
easement restrictions. At the time of conveyance, Standard Pacific plans to deposit an amount with the City
to fund the maintenance of Lot 22 in perpetuity at a rate of $75.00 per acre.
If the City has not requested conveyance at the time Standard Pacific annexes to the CCRs its
proposed phase 9 Annexable Property, it plans to include Lot 22 as part of phase 9, and plans to convey
Lot 22 in phase 9 to the Association. However, the conveyance to the Association will be subject to a
requirement that the Association convey Lot 22 to the City, or its assigns, no later than 10 years from the
date of conveyance to the Association should the City requests such conveyance within the time period.
Also, Standard Pacific plans to convey Lot 22, accompanied by a mechanism to fund the perpetual
maintenance, at a rate of $75.00 per acre per year. The funding mechanism will be transferable along with
the ownership of Lot 22.
If you have any questions, please do not hesitate to call me.
Very truly yours,,.,
Susan Lee Daly
HECHT, SOLBERG, ROBINSON & GOLDBERG LLP
SLD:sm
cc: Mr. Tom Farrar (via facsimile)
Mr. Jack Henthorn (via facsimile)
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