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Home My WebLink AboutPUD 04-01A; La Costa Ridge Neighborhoods 2.1 & 2.2; Planned Development - Major Subdivision (PD) (2)CITY OF CARLSBAD LAND USE REVIEW APPLICATION t) ' 'APPLICATIONS APPLIED FOR: (CHI 1 1 Administrative Permit I 1 Administrative Variance 1 1 Coastal Development Permit | 1 Conditional Use Permit 1 1 Condominium Permit 1 | Environmental Impact Assessment 1 | General Plan Amendment | | Hillside Development Permit | | Local Coastal Program Amendment 1 | Master Plan | 1 Non-Residential Planned Development [X] Planned Development Permit(Major Amendment) ECK BOXES) (FOR DEPARTMENT USE ONLY) PUD 04-01 (A) I I Planned Industrial Permit | | Planning Commission Determination | | Precise Development Plan | I Redevelopment Permit I I Site Development Plan | I Special Use Permit I I Specific Plan C Tentative Parcel Map Obtain from Engineering Department ( I Tentative Tract Map | | Variance D Zone Change List other applications not specified (FOR DEPARTMENT USE ONLY) 2) ASSESSOR PARCEL NO(S).: p?3_7?0-nfir 07, (IB & 09 3) PROJECT NAME: ^ costa Ridqe Neighborhoods 2.1 & 2.2 4) BRIEF DESCRIPTION OF PROJECT:Architecture and plottino for 90 Residential Lots within Neinhborhoods 2.1 & 2.2 Applicant Representative: ]ack Henthom & Associates, 5365 Avenida Encinas, Suite A, Carlsbad, CA 92008 5) OWNER NAME (Print or Type) Real Estate Collateral Management Company MAILING ADDRESS 1903 Wright Place, Suite 180 CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 (760) 929-2701 EMAIL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFOR^ £TKM1S TRUE AND CORRECT TO THE BEST OF MY ' Nf A ^ -L°{ ~ O~^ Agent fjir RTCM; Fred M. Arbuckle C> 6) APPLICANT NAME (Print or Type) Putle Homes MAILING ADDRESS 5993 Avenida Encinas, Ste 101 CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 (760) 795-2200 EMAILADDRESS: I OfERT\FY THAT I AM\THE LEGAL REPRESENTATIVE OF THE OWNETOAND THAT/LILTHE ABOVE INFORMATION IS TRUE AND CORRECT" TO THE/BESTJOF MY KNOWLEDGE. Da"rVen Warren ' 7) Development V.P. Land Development BRIEF LEGAL DESCRIPTION I nfs ??fi, ?27, ??8 & 229 nf Map No. CT 99-04-02, Villages nf I a Costa, la Cnsta Ridqe - Map No. 14838 tiled nn July 14, 2004 REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3TfO>.M. :r REQUIRING ONLY ONEi APPLICATION BE .FILED, .MUST BE SUBMITTED PRIORfTO_4:00,P-M- Form 14 Rev. 12/04 PAGE 1 OF 5 8) , -LOCATION OF PROJECT:None assigned yet. ON THE BETWEEN South STREETADDRESS SIDE OF Alga Road (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) El Fuerte Street (NAME OF STREET) AND Rancho Santa Fe Road 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING ENTZOI^ N/A RES Approx 59.65 P-C JE 11 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE INADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 0 N/A 900 RLM N/A (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP# 90 N/A 90 N/A 25)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY ST^FF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO SIC NSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT THIS PURPOSE red M Arbuckle, President of Morrow Development FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECEIVED AUG 0 5 2005 CITY OF CARLSBAD RECEIVED BYL TOTAL FEE REQUIRED Form 14 Rev. 12/04 PAGE 2 OF 5 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete^ Whef] theyapjilication is complete, the processing period will start upon the date of the cor; Applicant Signature: Staff Signature: Date: • To be stapled with receipt to the application • Copy for file Form 20 City of Carlsbad 1635 Faraday Avenue Carlsbad CA I 92008 J Applicant: PUTLE HOMES Description PUD0401A Amount 229.40 Receipt Number: RO053977 Transaction Date: 11/18/2005 Transaction ID: R0053977 Pay Type Method Description Amount Payment Check 919 229.40 Transaction Amount: 229.40 City of Carlsbad 1635 Faraday Avenue Carlsbad CA Receipt 92008 Applicant: PUTLE HOMES Description PUD0401A Amount 114.70 Receipt Number: R0052263 Transaction Date: 08/26/2005 Transaction ID: R0052263 Pay Type Method Description Amount Payment Check 0703 114.70 Transaction Amount: 114.70 5529 08/26/05 0002 01 02 CGP 114.70 City of Carlsbad 1635 Faraday Avenue Carlsbad CA Receipt 92008 Applicant: PUTLE HOMES Description PUD0401A Amount 6,600.00 Receipt Number: R0051849 Transaction Date: 08/05/2005 Transaction ID: R0051849 Pay Type Method Description Amount Payment Check 13379 6,600.00 Transaction Amount: 6,600.00 4142 08/05/05 0002 01 02 CGP 6600. PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: La Costa Ridge - Neighborhoods 2.1 & 2.2 APPLICANT NAME: Pulte Homes Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Pulte Homes is requesting the approval of a Major Planned Unit Development Amendment for The Villages of La Costa, Ridge Village, Neighborhoods 2.1 & 2.2 located north and south of Corintia Street, east of El Fuerte and west of Sitio Avellana. The proposed project will consist of 90 Single Family Detached Homes. The proposed homes will consist of three (3) floor plans, with an alternative Plan 1 that includes a second story, ranging in size from approximately 2,844 to 4,213 square feet. Each floor plan type will have three (3) distinct elevation styles. Plan 1 - Approximately 2,844 sq. ft. Elevation Styles - Spanish Colonial European Country Plan IX - Approximately 3,661 sq. ft. Elevation Styles - Spanish Colonial Italian/Tuscan - Plan 2 - Approximately 4,092 sq. ft. Elevation Styles - Spanish Colonial European Country Italian/Tuscan - Plan 3 - Approximately 4,213 sq. ft. Elevation Styles - Spanish Colonial European Country Monterey Ranch To further create a sense of diversity throughout the community, professionally designed color schemes have been created for each lot by Ann Matteson Consulting, Inc.. Included with the application package are the color and material boards for each color scheme. City of Carlsbad Planning Department HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5,1 have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [XI The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. I I The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Pulte Homes Address: 5993 Avenida Encinas. Ste 101 Carlsbad. CA 92008 PROPERTY OWNER Name:Real Estate Collateral Management Company Address: 1903 Wright Place. Suite 180 Carlsbad, CA 92008 Phone Number: (760) 795-2200 Phone Number: (760)929-2701 Address of Site: None assigned yet. Local Agency (City and County"): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number: 223-720-06, 07, 08 & 09 Specify listfsV N/A Regulatory Identification Number:. Date of List: N/A N/A Applicant SiDAR Admin/Couni At Pi operty Owner Signature/Date int for RECM; Fred. M.Arbuckle President of Morrow Development 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 - FAX (760) 602-8559 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and an other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Pulte Homes Title Title Address Address 5993 Avenida Encinas, Ste 101 Carlsbad. CA 92008 OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Real Estate Collateral Management Company Title Title Address Address 1903 Wright Place. Suite 180 Carlsbad. CA 920Q8 1635 Faraday Dr. • Carlsbad, CA 92009-1576 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as a trustee or beneficiary of the. Non Profit/Trust. Title Address Non Profit/Trust. Title Address Have you had more than $20 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? J Yes X] No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. ibove information is true and correct to Agertt for RECM; Fred M. Arbuckle President of Morrow Development Print or type name of owner —-ignature of applicant/date DARREN WARREN Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 1 • flRR.19.2004 3:09PM Pl^fc HOME S CflL (714)258 4440 ^ NO.430 P.2/5 I • ^^ CORPORATE RESOLUTION BE IT RESOLVED BY THE BOARD OF DIRECTORS OF PULTE HOME CORPORATION That each and every one of the individuals hereinafter named below, is hereby given the authorization on behalf of this corporation to enter into security instruments with the County of San Diego, State of California, including without limitation, monument bonds, payment bonds, performance bonds, tax bonds, warranty bonds, and all other security instruments (collectively, "Security Instruments") and to enter into and execute agreements, contracts, subdivision maps, deeds, applications, permits, declarations of covenants, conditions and restrictions and other necessary documents for subdivision, resubdivision, boundary line adjustments, re-zoning, infrastructure, survey monuments, building and construction, easements, rights of way, performance agreements, maintenance agreements and all other purposes related to the development and sale of real property (including, without limitation, the construction of residential housing, common area facilities and infrastructure) owned or under option to the corporation and located in the County of San Diego (collectively, "Subdivision Agreements1^. Any OQ§ of the following are authorized to enter into Security Instruments and Subdivision Agreements on behalf of the corporation: Name Title Bruce E. Robinson Vice President and Treasurer John R. Stoller Vice President and Secretary Maureen E. Thomas Assistant Secretary Calvin R.Boyd Assistant Secretary/Dir, of Treasury Operations Jane K. Sotting Director of Corporate Accounting Collette R. Zulcoff Director of Taxation Suzanne Treppa Tax Manager Julia T. Corcoran Accounting Manager Vincent J. Frees Vice President Robert Porter Senior Treasury Analyst L. J. Edgcomb Division President / Attomey-in Fact Darren Warren Director of Planning and Engineering / Attorney-in-Fact Tim Wellman Director of Land Development / Attomey-in-Fact Caryn Pollock Director of Sales/Attomey-in-Fact Larry Heglar Director of Land Acquisition /Attomey-in-Fact John Drew Director of Construction / Attorney-in-Fact BE IT FURTHER RESOLVED, that the foregoing resolution and the powers and authority granted to the individuals therein name shall continue and remain in force until express notice in writing of their revocation has been duly delivered to and received by the County of San Diego, State of which said notice of revocation or cancellation shall be certified by a duly authorized officer of this corporation. BE IT FURTHER RESOLVED, that the Board of Directors of this corporation does hereby authorize, ratify, adopt and approve any and all Security Instruments and Subdivision Agreements entered into and executed by any one of the following authorized persons on or after December 1,2001: Calvin R. Boyd, L.J. Edgcomb, Darren Warren, Tim Wellman, Caryn Pollock, Larry Heglar and John Drew, and that any of the foregoing officers or Attomeys-in Fact are hereby authorized, directed or empowered to cause and take any and all other acts and to execute such other documents as they deem necessary or appropriate to carry out the intentions of mis resolution. MflR.19.2004 3'.09PM PA HOME S CflL C714)258 4440 ^ NO.430 P.3/5 The undersigned hereby certifies that he/she is the duly elected and acting assistant secretary of the above corporation organized and existing under the laws of the State of Michigan, that the foregoing are true, full and correct resolutions regularly adopted at a meeting of the Board of Directors of said corporation. (a) Duly and regularly called and held on the 29th day oflanuarv. 2002 at which a quorum was present and voted; or That the same are now in full force and effect, and have not been altered, modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name this , 2nd day of Bruce E. Robinson, Vice President ' - , •••~,MflR.19.200411 3-.09PN P^fel HOME S CflL (714)258 4440.' 02 • *§)' DOC # 2001-0956101 OFFICJflL RECORDS jyjflY RECORDER'S OFFICE. mm i SHITH. c« KQifJia When Recorded ^ &00 Return To: Curtis HVanHyfte C/o Pulte Home Corporation 10235 S. 51* Street, Suite 100 Phoenix, AZ 85044 FULTE HO^EB POWER OF ATJOBNEY AND GRANT OF AGENCY KNOW ALL MEN BY THESE PRESENTS, that PULTE HOME CORPORATION (the "Corporation"), a corporation organized and existing under tins laws of Che State of Michigan, authorized to do business in the State of California, having its principal office at Bloomfield Hills, Michigan, does hereby effective immediately, constitute and appoint the following employec(s) ] Darren Wanen, Tim Wellman, Larry Heglar, Caryn Pollock, John Drew, Scott Pasternak, LJ. i Edgcomb, Curtis H. VanHyfte, John S. Gallagher, BS its true and lawful agents and additional auomeys-in-fact in the State of California, to act for and on behalf of the undersigned corporation in its name, place and stead, and for its use and benefit, in the following respects; . (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents, instruments or papers for me sale by the Corporation of finished homes or homes to be finished (together in each instance with the finished lot for the home), provided, however, that except for the sale of any lot together with such home, no such Employee shall have any power or authority to sell any land whatsoever, (2) Enter into and execute any and all deeds, agreements* or documents relating to common areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with the sale by the Corporation of finished condominium, townhouse, or duplex unit* and any land associated with such finished units; (3) Enrer into and execute deeds and/or plats of dedication, subdivision, resubdiviaion and boundary line adjustment; owner's consents; declarations of covenants, conditions and restrictions;, deeds or vacation of easements, easements and rights-of-way; performance agreements; maintenance agreements for and over any property owned or under option by the Corporation; re-zoning applications, proffer applications and amendments and proffer agreements and other similar documents related to the development of real property owned or under option by the Corporation; and (4) Enter into and execute development, supplier, subcontract and/or construction agreements for the development and/or construction of and on any property owned or under option by the Corporation. Description; £u 04cgo.,CA Dociun«ne~y**r.DoeID 2001.9SS103. fig«i 1 et 3 ardor: 07-03-14-2002 04-00-22 fit Camowrt; . FHO:MflR. 19.20041! 3:10PM I HOME S CflL (714)258 4440,Q2 ]7(Q.NO.430 P.5/51 7.• O^XINO. «261 679270 P 9 028237 This Power of Attorney shall expire at midnight on June 30,2006, unless extended or revoked by the Corporation prior to such expiration date. IN WITNESS WHEREOF, Pulte Home Corporation has caused its corporate name to be hereunto subscribed by the Authorized Agent, whose signature is acknowledged by two unofficial witnesses, this 12th day of Deconjjer, 2001. PULTE HOME CORPORATION Unofficial Wimess Curia RVanHyfte Authorized Agent STATE OF ARIZONA COUNTY OF On,J ) SS. ) fZ ri before me,. & Notay Public in and for said State, personally appeared Curtis E VanHyfte, personally known to me to be the Authorized Agent of Pulte Home Corporation whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. : Sma cl«go/C* Oocumw»t-y»«r. DoaXD ordmr: 07-03-14-3003 04-00-33 nt Camn«at:Pmgm: a of THE OAKSDEVELOPMENT AREA NORTHNOT TO SCALE VILLAGES OF LA COSTA LA COSTA RIDGE- NEIGHBORHOODS 2.1 & 2.2LOCATION MAP dential Architectural Criteria Compliance Villages of La Costa Master Plan (VLCMP) La Costa Ridge Neighborhoods 2.1 & 2.2 Guideline (VLCMP Reference)Standard Comments Front Yard Setback (4.6.2.B.2.a) 15' minimum, 20' neighborhood average (See VLCMP for instructions about calculating averages) A Porte cochere or arbor structure is allowed within the front yard setback to accommodate applicable alternate garage configurations. The cover cannot exceed 200 square feet in size and must have a 5' minimum setback from property line. Neighborhood Average Front Yard Setback = 26.18'. Please refer to the attached 'Front Yard Setbacks table for compliance with 15' minimum. All lots comply. Rear Yard Setback (4.6.2.B.2.6) Varies according to Neighborhood's minimum lot size • Min. 6,000 SF lot: 15' minimum setback • Min. 7,500 SF lot: 20' minimum setback • Min. 10,000 SF lot: 20' minimum setback Minimum rear yard area is 15' by 15' All lots comply with Minimum 10,000 SF lot: 20' minimum rear yard setback. All lots provide the required 15' x 15' usable rear yard area. Side Yards (4.6.2.B.2.C) Combined 25% of the minimum standard lot size width for lots less than 60' wide Combined 20% of the minimum standard lot size width for lots 60' and wider Minimum of 5' per side Maximum setback does not need to exceed 20' in aggregate Lots at the end of cul-de-sacs may reduce each side yard to 5' At least 50% of the units in each neighborhood shall have one side elevation where there are sufficient offsets or cutouts so the side yard setback averages a minimum of 7'. Please refer to the attached 'Individual Lot Data' table for side yard setbacks. All lots comply. Street Side Setback (4.6.2.B.2.d) 10' minimum All street side setbacks of 10' minimum have been met. Slope Edge Building Setback (4.3.4) All main and accessory buildings that are developed on hilltops and/or pads created on downhill perimeter slopes of greater than 15' in height shall be setback so that the building does not intrude into a .7' horizontal to 1' vertical imaginary diagonal plane that is measured from the edge of slope to the building. For all buildings, which are subject to this slope edge building setback standard, a profile of the diagonal plane shall be submitted with all other development application requirements. All proposed units will meet the required slope edge setbacks by maintaining the minimum rear yard setback. Please refer to the Slope Edge Building Setback exhibits on the enclosed plans for further details. Lot Width (4.6.2.B.1) Lot widths vary from 50' to 70' • 6,000 SF lots: 50' . 7,500 SF lots: 60' . 10,000 SF lots: 70' All lots were previously approved by CT 04-02 and have a minimum width of 60'. Building Coverage (4.6.3.B.2) 1-story units: 50% of net pad area 2-story units: 40% of net pad area Includes: • Garages and the perimeter area of a basement. Excludes: • Exterior structures such as covered porches • Permanent structural elements protruding from buildings such as overhanging balconies that project less than 8' from the building • Porte cocheres not exceeding a length of 22' and a width of 8' Lot coverage: Plan 1 = 3,374 SF Plan 1X = 3,091 SF Plan 2 = 3,135 SF Plan 3 = 2,967 SF Plan type 1 is a single-story unit and where plotted complies with the maximum lot coverage of 50%. Plan 1X includes a second story and meets the 40% building coverage where plotted. Plan types 2 & 3 are two-story Reference Chapters 4 and 6 of the "Villages of La Costa Master Plan" for exceptions and/or details about guidelines and standards addressed in the above table. Section A, Item #8 Page 1 dential Architectural Criteria Compliance Villages of La Costa Master Plan (VLCMP) La Costa Ridge Neighborhoods 2.1 & 2.2 Guideline (VLCMP Reference)Standard Comments Roof eaves extending less than 30" from the face of any building Awnings Open parking areas Structures under 30" in height Masonry walls not greater than 6' in height (wing-walls, planter walls, grade separation retaining walls). structures and do not exceed the maximum 40% of net pad area as required. Please refer to attached 'Individual Lot Data' table for rear yard setbacks. All lots comply. Building Height (4.6.3.B.1) Maximum of 30' and 2 stories.Plan 1 = 25'-6" max. Plan 1X = 25'-9"max. Plan 2 = 30'-0" max. Plan 3 = 30'-0" max. Front Building Planes (4.6.3.B.4.e & 4.6.3.B.4.f) 50% of units in the neighborhood must have 18 inch offset planes with a minimum of 10' between front and rear planes. Each plane is 30 SF minimum 3 separate building planes for lots with a 45' of frontage or less. 4 separate building planes for lots with a frontage greater than 45'. 33% of the above 50% required, may reduce the limit from 4 separate planes to 2 if a fully landscaped front courtyard is substituted. Please refer to the architectural plans for the building plane exhibits. All units comply Plan 1 = 5 Planes (Spanish); 6 Planes (European) Plan 1X = 7 Planes (Spanish); 5 Planes (Italian) Plan 2 = 5 Planes (Spanish); 7 Planes (European); 6 Planes (Italian) Plan 3 = 5 Planes (Spanish); 7 Planes (European); 5 Planes (Monterey) Rear Building Planes (4.6.3.B.4.g) 50% of units in the neighborhood must have 18 inch offset planes with a minimum of 3' between face of the forward-most plane and rear planes. Each plane is 30 SF minimum 3 separate building planes for lots with a 45' of frontage or less. 4 separate building planes for lots with a frontage greater than 45'. Please refer to the architectural plans for the building plane exhibits. Plan 1 = 3 Planes (All elev.) Plan 1X = 4 Planes (Spanish); 3 Planes (Tuscan) Plan 2 = 4 Planes (All elev.) Plan 3 = 4 Planes (All elev. only if balcony is plotted) Plan 1X (SP elev.) is plotted on 10 lots Plan 2 (All elev.) are plotted on 29 lots Plan 3 (w/ balconies) are plotted on 8 lots Total of 47 units meet this requirement or 52.2% Front Building Elevations (4.6.3.B.6) Front building facades shall incorporate a minimum of 4 varieties of design elements to create character and interest to the home. "These elements vary depending on the architectural style used. Please refer to the attached "Building Design Element Matrix" and the architectural plans that detail the various design elements incorporated for each front elevation type. All plan types and elevation styles comply. Side & Rear Elevations (4.6.3.B.7) Minimum of 2 elements of enhanced architectural detailing incorporating good design is required for side & rear elevations adjacent to public/private roads. Please refer to the "Building Design Element Matrix" and the architectural plans that detail the various design elements incorporated for each side and rear elevation types. All plan types and elevation styles comply. Elevations Fronting Circulation Element Roads(4.6.3.A.1.a) Homes adjacent to circulation element roads are required to receive special attention to detailing on the elevation fronting the roads. This will include window detailing equal to or better than that of the front elevation. The introduction of additional wall planes and balconies, where noise standards allow, is encouraged. Please refer to the enclosed architectural plans that detail the various design elements incorporated for each of the proposed elevations. All plan types and elevation styles comply. Floor Plans (4.6.3.B.5.C& 4.6.3.B.5.d) Minimum of 3 per neighborhood Minimum of 3 front elevations shall be provided for each floor plan. The proposed project includes three floor plans with three distinctive elevation types for each plan. Please refer to the enclosed architectural plans. Reference Chapters 4 and 6 of the "Villages of La Costa Master Plan" for exceptions and/or details about guidelines and standards addressed in the above table. Section A, Item #8 Page 2 dential Architectural Criteria Compliance Villages of La Costa Master Plan (VLCMP1 La Costa Ridge Neighborhoods 2.1 & 2.2 Guideline (VLCMP Reference)Standard Comments Single-Story Units (5.7.3.6.0, 5.7.3.12.0 & 4.6.3.B.4.I) For neighborhoods on ridgelines/hilltops that are visible from a circulation element roadway, at least 20% of the units shall be single-story. Single-story shall be defined as a plateline maximum of 15', (10' preferred). These neighborhoods have been designated with a ridgeline or hilltop on 38 lots that are visible form a circulation element roadway by the Master Plan. Plan 1 is a single story unit and is plotted 8 times along the ridgeline, or 21.1%, meeting the minimum 20% requirement. Two Story Units (4.6.3.B.4.n & 4.6.3.B.5.D) Must include some single-story features. The second-story must not exceed 80% of the first-story square footage, including all garage area. Please refer to the enclosed architectural plans that detail the single story features provided. All proposed plans comply. Planl: 0% Plan 1X: 37.9% Plan 2: 49.5% Plan 3: 79.6% Where (3) Two Story Units occur in a row with less than 15 ft between homes- (4.6.3.B.4.b) One of the units must have a single-story building edge at least 10' deep and shall run the length of the building. Single-story shall be defined as a plateline maximum of 15'. Plan 1, Plan 1X and Plan 2 incorporate a single story building edge that is at least 10' wide and runs the length of the building and are plotted where there are 3 units with less than 15' between them. Where (3) Two Story Units occur in a row with 15 ft to 20 ft between homes- (4.6.3.B.4.c) One of the units must have a single-story building edge at least 5' deep and shall run the length of the building. Single-story shall be defined as a plateline maximum of 15'. Plan 1, Plan 1X and Plan 2 incorporate a single story building edge that is at least 10' wide and runs the length of the building and are plotted where there are 3 units with less than 15' between them. Single-Story Elements (4.6.3.B.4.d) 33% of units within a Neighborhood must have a single-story element, with a minimum depth of 3', that is 40% or greater than the front elevation width. Porches and porte cochere elements qualify. Plan types 1,1X and 3 incorporate a single story building element that is greater than 40% of the width and a minimum of 3' deep. Plan 1:100% Plan 1X: 100% Plan 2: 66.3% Plan 3: 42.3% All plan types comply. Entries, Front Porches, Courtyards, & Balconies (4.6.3.B.9, 4.6.2.B.2.f& 4.6.2.B.3) 25% of the units must have either a porch at least 5' deep, across 33% of the width of the dwelling, or a courtyard or balcony, whichever is consistent with the architectural style. Porches require a minimum front yard setback of 10'. Porches shall have a minimum depth and length of 5'. A variety of roof elements (gables, shed, etc.) shall be provided over porches. A balcony above a porch may also serve this purpose. The front and sidewall of porches shall be open except for required and ornamental guardrails. These features shall qualify as a plane for the purposes of the architectural guidelines. Buildings on corner lots should consider having the porch wrap around the side of the building. Non-enclosed and non-habitable porches and balconies may encroach up to 5' and 8' respectively into the required front yard setback. Courtyard walls with a maximum height of 42 inches may intrude up to 2' into the required setbacks. 6.7% of the elevations incorporate a front porch (European Country style of the Plan 1). 25.6% of the elevations incorporate a balcony (European Country and Monterey Ranch styles of the Plan 3) 48.9 % of the elevations incorporate a front courtyard (Spanish style of the Plan 1, Spanish and Italian styles of the Plan 1X and Spanish and Italian styles of the Plan 3) A total of 81.2% of the elevation styles within the development comply. Please refer to the enclosed architecture and site plan for compliance. Reference Chapters 4 and 6 of the "Villages of La Costa Master Plan" for exceptions and/or details about guidelines and standards addressed in the above table. Section A, Item #8 Page3 dential Architectural Criteria Compliance Villages of La Costa Master Plan (VLCMP) La Costa Ridge Neighborhoods 2.1 & 2.2 Guideline (VLCMP Reference)Standard Comments Octagonal or Round Entry Tower (4.6.2.B.3.3) May encroach into the required side setbacks a maximum of 2'. The total length of the encroachment may not exceed 8' and shall be located within the larger side yard. The roof eave may encroach a maximum of an additional 12" into the required setback. A minimum 5' setback must be maintained. None are proposed within the side yard setback. Projections (4.6.2.B.3) Fireplace structures not wider than 8', cornices, eaves, belt courses, sills, buttresses, and other similar architectural features projecting from the building may intrude up to 2' into the required setbacks. No projections extend into the side yard setback more than 2' nor are any projections greater than 8' in length. All plans comply. Recreation Parking (4.6.2.B.4.b) Common recreation areas: • Less than 8,000 SF - Do not require off-street parking • "Pocket Parks" - Not required to provide parking • Within a 1/4 mile radius of the units for which they are required to serve shall include 1 space for every 20 units. • More than a 1/4 mile radius from any of the units for which it is required to serve requires parking for those additional units at a rate of 1 space per 15 units. (See VLCMP for alternative recreation parking options) Not Applicable to this Neighborhood Resident Parking (4.6.2.B.4.a) Minimum 2-car garage with interior measurements of 20' by 20'. Two 1-car garages each having interior measurements of 12' in width by 20' in length may be provided as an alternative. All plan types include at a minimum of one 2-car garage with an interior measurement of 20' x 20'. Garage Criteria (4.6.2.B.2.b, 4.6.3.B.4.h, &4.6.3.B.13) 20' minimum setback from the property line where garage doors face the street. Side-loaded garages must maintain a 15' setback from property line. They also must be designed to appear as a livable portion of the home. Three-car garages in a row facing the street are permitted on 25% of the total number of lots in a neighborhood with a minimum lot area greater than 5,000 sf. For neighborhoods with a minimum lot size of 5,000 sf or greater, an additional 25% of the units may have three-car in a row garages facing the street provided garages do not exceed more than 50% of unit's frontage. The maximum number of units in a neighborhood with three-car in a row garages facing the street shall not exceed a total of 50% of the units. Projects with three-car garages shall be a mix of two door garages, three door garages, and offset two door garages (2 planes separated by at least 18 inches). A variety of garage configurations should be used within each neighborhood to improve the street scene. (See VLCMP 4.6.3.B.13.g for examples of garage configurations) Roll-up garage doors are required. Architectural projections may encroach into the setback a maximum on 18" for garages. However, the projection shall not extend to the second story living space. (See VLCMP 4.6.3.B.13.d-f for more specifics about garages) All setbacks for garages that face the street are greater than or equal to 20'. All side-loaded garages have a setback of at least 15' and they appear as livable portions of the homes. All 3-car garages are a combination of front loaded, tandem and deeply recessed configurations. Reference Chapters 4 and 6 of the "Villages of La Costa Master Plan" for exceptions and/or details about guidelines and standards addressed in the above table. Section A, Item #8 Page 4 dential Architectural Criteria Compliance Villages of La Costa Master Plan (VLCMP) La Costa Ridge Neighborhoods 2.1 & 2.2 Guideline (VLCMP Reference)Standard Comments Roofs (4.6.3.B.4.k&4.6.3.B.8) Varied building roof heights and roof massing shall be incorporated into unit designs for each master plan neighborhood. Changes in roof direction shall be provided to create diversity and interest. Roof planes of units located at the top of slopes should attempt to parallel the slope. A variety of roof colors shall be used within each neighborhood. Minimum roof pitch of 3:12 A variety of roof forms and massing are proposed with changes in direction and pitches. See elevations and roof plans for compliance. Typical roof pitches: Planl: 4:12,6:12 Plan 1X: 4:12 Plan 2: 4:12,7:12 PlanS: 4:12,5:12,6:12 Colors (4.6.3.B.12) Colors should be consistent with the architectural style selected. Warm, earth tones are preferred, however other color combinations are acceptable depending upon architectural style. Within each neighborhood, a minimum of 3 different exterior color schemes shall be used for each floor plan within the same architectural styles. In all master plan neighborhoods, adjacent units within the same architectural style shall not utilize the same color scheme. However, similar or same colors may occur within different color schemes. "Adjacent" includes units on either side of the subject unit as well as those directly across the street. Each plan type plotted on the site plan includes a color scheme designation to show compliance. Please refer to the enclosed color and materials boards for details on each color scheme and to the site plan for specific plotting. Accessory Structures (4.6.3.B.3) Patio and accessory structures shall comply with development standards set forth in Section 21.10.050 of the Carlsbad Municipal Code. All plan types comply. Architectural Styles Permitted (4.6.3.C & 6.6) Each Neighborhood shall contain one or more of the following Architectural Styles: Santa Barbara Mediterranean Craftsmen Bungalow Spanish Colonial Monterey Ranch Italian/Tuscan European Country California Coastal California Contemporary-(Neighborhoods 2.3 & 2.4 only) The elevation types included are as follows: Spanish Colonial European Country Italian/Tuscan Monterey Ranch Design Standards (4.6.3.B.4.i&4.6.3.B.5.e) 50 /o of exterior openings (doors/windows) in the front of each unit shall be recessed or projected a minimum of 2 inches or shall be trimmed with wood or raised stucco. Colored aluminum window frames shall by used (no mill finishes). "Handcrafted" detailing, exposed rafter tails, knee braces and columns shall be used when appropriate to the proposed architectural style. The windows and doors on the front elevations are recessed a minimum of 2" and are trimmed with either wood or raised stucco. Please refer to the enclosed elevations on the architectural plans for compliance. All plans comply. Chimneys (4.6.3.B.11) The chimney and chimney cap shall be in scale with the size of the structure 2-chimney limit for dwelling units on lots less than 7,500 SF. Please refer to the enclosed elevations on the architectural plans for compliance. All chimney and their caps comply with proper scale and proportion. Window Detailing (4.6.3.B.10) The design of the windows shall include one or more of the following features: Please refer to the enclosed elevations on the architectural plans for compliance. All plans comply. Deeply recessed windows Paned windows Decorative window ledges Accent and varied shape windows Window boxes and planters with architecturally evident supports Exterior wood trim surrounds Accent colors on shutters or other elements Arched elements Shutters Raised stucco trim around windows Window lintels Reference Chapters 4 and 6 of the "Villages of La Costa Master Plan" for exceptions and/or details about guidelines and standards addressed in the above table. Section A, Item #8 Pages La Costa Ridge N. 2.1 & 2.2 8/5/2005 Section A, Item #9 15597 J-SSSSSSSS" SUBDIVISION DEPT. Recording Requested By: When Recorded Mail To: Luce, Forward, Hamilton & Scripps LLP 600 W. Broadway, Suite 2600 San Diego, CA 92101 • /< Attn: Nancy T. Scull, Esq. i DOC# 2005-0808219 SEP 19, 2005 4:30 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMI7H, COUNTY RECORDER FEES: 339.00 WAYS: 2 PAGES: 103 2005-0808219 This Space for Recorder's Use Only DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LA COSTA RIDGE SECTION 15.4 OF THIS DECLARATION CONTAINS BINDING ARBITRATION PROVISIONS IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT. La Costa Ridge CC&Rs 27817-15-1926742.9 15538 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 3 1.1 Additional Charges 3 1.2 Additional Property 3 1.3 Annexation 3 1.4 Architectural Committee 3 1.5 Best Management Practices 3 1.6 Budget 3 1.7 City 4 1.8 City Requirements 4 1.9 Close of Escrow .......4 1.10 Common Expenses 4 1.11 Common Maintenance Area 5 1.12 Community Articles 5 1.13 Community Assessments 5 1.14 Community Association 6 1.15 Community Association' Maintenance Manual ................6 .;>..-.,. '-••^••:]~i#^ :-J26j^ 1.17 Community Board 6 1.18 Community Bylaws 6 1.19 Community Design Standards 6 1.20 Community Governing Documents 7 1.21 Community Handbook 7 1.22 Covered Property 7 1.23 Custom Lots 7 1.24 Custom Lot Owner 7 1.25 Custom Lot Special Benefit Area 7 1.26 Custom Lot Special Benefit Maintenance Area 7 1.27 Declarant 7 1.28 Declaration 7 1.29 ORE ..8 1.30 Eligible Holder 8 1.31 Federal Agencies ..8 1.32 Final Maps : 8 1.33 Fire Suppression Zones 8 1.34 First Mortgage 8 1.35 First Mortgagee 8 1.36 Fiscal Year 8 1.37 Governmental Agency 8 1.38 Habitat Preserve Areas 8 1.39 Habitat Preserve Adjacent Areas 8 1.40 Habitat Preserve Restrictions 9 1.41 Improvements 9 1.42 Institutional Mortgagee 9 1.43 Invitee , 9 La Costa RiJgc CC&Rs 27817-15- 1926142.9 15S99 1.44 La Costa Ridge Community. 9 1.45 Lot 9 1.46 Maintenance Obligations 9 1.47 Member 10 1.48 Merchant Builder or Merchant Builders 10 1.49 Mortgage 10 1.50 Mortgagee .'. 10 1.51 Notice and Hearing 10 1.52 Operating Rules : 10 1.53 Owner 10 1.54 Perimeter Walls and Fences 10 1.55 Person 10 1.56 Phase : 10 1.57 Private Owner 1 1.58 Private Owner Assessment Commencement Date I 1.59 Private Streets 1.60 Public Report 1.61 Recreational Vehicle Storage Area 1.62 Residence....,,...,.../.., „ ,.....,.,....., 1.63 Residential Lot !...„..... .".....'. 1.64 Special Benefit Areas 1.65 Special Benefit Area Budget. 1.66 Special Benefit Maintenance Areas. 1 1 I 1.67 Supplementary Declaration. 12 1.68 Trail System 12 1.69 Voting Power 12 ARTICLE 2 PROPERTY RIGHTS IN RESIDENTIAL LOTS AND COMMUNITY ASSOCIATION PROPERTY 12 2.1 Ownership of Community Association Property and Common Maintenance Area 12 2.2 Rights of Use of the Community Association Property and Common Maintenance Areas 13 2.3 Owners' Easements of Enjoyment 13 2.4 Establish Special Assessment District 15 2.5 Encroachment 15 2.6 Amendment to Eliminate Easements 17 2.7 Private Owner Rights 17 ARTICLE 3 MEMBERSHIP AND VOTING RIGHTS IN COMMUNITY ASSOCIATION 17 3.1 Ownership of Residential Lots 17 3.2 Membership 17 3.3 Classes of Voting Membership 18 3.4 Declarant's Right to Select Director 19 3.5 Continuing Approval of Declarant 19 3.6 Special Benefit Area Approvals 20 La Costa Ridge CC&Rs 27817-15-1926742.9 15S00 3.7 Commencement of Voting Rights 20 ARTICLE 4 POWERS AND DUTIES OF THE COMMUNITY ASSOCIATION 21 4.1 Powers of Community Association 21 4.2 Duties of the Community Association 25 4.3 Prohibited Activities 27 ARTICLE 5 ASSESSMENTS 30 5.1 Creation of Lien and Personal Obligation for Assessments 31 5.2 Maintenance Funds of Community Association , 31 5.3 Purpose of Community Assessments 31 5.4 Nature of Assessments 32 5.5 Limitation on Assessments 34 5.6 Increases in Assessments Based Upon Range of Assessments .35 5.7 Allocation of Community Assessments to Lots 35 5.8 Date of Commencement of Regular Assessments; Due Dates 36 5.9 Annual Levy of Regular Assessments 36 5.10 Notice and Assessment Installment Due Dates 36 5.11 Estoppel Certificate 37 ; 5.12 Excess Funds..:;..;;.;...:.;:..-;;.::.:....:....-......™ 5.13 Collection of Assessments; Liens 37 5.14 Additional Charges 39 5.15 Waiver of Exemptions 40 5.16 Subordination of Lien to First Mortgages 40 5.17 No Offsets 40 5.18 Transfer of Covered Property 40 5.19 Failure to Fix Assessments 40 5.20 Personal Liability of Owner 41 5.21 Exempt Covered Property 41 5.22 Capitalization of Community Association 41 ARTICLE 6 ARCHITECTURAL CONTROL 41 6.1 Architectural Committee 41 6.2 Scope 42 6.3 Exemptions 42 6.4 Duties 42 6.5 Community Design Standards 43 6.6 Address 43 6.7 Fees 43 6.8 Meetings 43 6.9 Approval of Solar Energy Systems 43 6.10 Waiver 44 6.11 Government Regulations 44 6.12 Waiver 44 6.13 Variances 44 6.14 Liability 45 6.15 Estoppel Certificate 45 La Costa Ridge CGfiRs 27817-15-1926742.9 15G01 6.16 Interpretation 45 6.17 Amendments 45 ARTICLE 7 USE RESTRICTIONS 46 7.1 Residential Use .\ 46 7.2 Nuisances 46 7.3 Air Conditioning Fixtures 47 7.4 Utilities.: 47 7.5 Roofs .' 47 7.6 Antennae and Satellite Dishes 47 7.7 Exterior Maintenance and Repair; Owner's Obligations 48 7.8 Drainage 48 7.9 Water and Sewer Systems 48 7.10 No Hazardous Activities ....48 7.11 Unsightly Articles 49 7.12 Temporary and Prefabricated Structures , 49 7.13 Mining and Drilling 49 7.14 View Impairment 49 7.15 Landscaping 50 7.16 Parking and Vehicular Restrictions ...1:.....:............. ...................50 7.17 Further Subdivision. 51 7.18 Animals 51 7.19 Signs .- 51 7.20 Trees 51 7.21 Slope Control, Use and Maintenance 52 7.22 Habitat Preserve Areas 52 7.23 Erosion Control 52 7.24 La Costa Ridge Storm Drains and Storm Water 53 7.25 Fire Suppression Zones 54 7.26 Window Coverings 54 7.27 Exterior Painting 54 7.28 Outdoor Lighting Restrictions 54 7.29 Sight Distance Corridors 55 7.30 Plant Species 55 7.31 Perimeter Wall and Fence 55 7.32 Open Space Lots 55 7.33 Entry Gates 55 7.34 Indemnification 56 ARTICLE 8 ASSOCIATION PROPERTY, COMMON MAINTENANCE AREA AND MAINTENANCE RESPONSIBILITIES 56 8.1 Maintenance and Use of Community Association Property 56 8.2 Trail System 56 8.3 Compliance with Best Management Practices 56 8.4 Common Maintenance Area 56 8.5 Community Association Maintenance 57 8.6 Commencement of Maintenance 57 La Costa Ridge CC&Rs 27817-15-1926742.9 15602 8.7 Storm Water Treatment Obligations 58 8.8 Drainage Facilities 59 8.9 Repair and Maintenance by Owner 59 8.10 Community Association's Right to Repair Neglected Lots 60 8.11 Landscape and Irrigation Maintenance 60 ARTICLE 9 INSURANCE AND CONDEMNATION 61 9.1 Insurance 61 9.2 Copies of Policies 62 9.3 Review of Insurance 63 9.4 Individual Insurance.. 63 9.5 Condemnation 63 ARTICLE 10 DESTRUCTION OF IMPROVEMENTS 64 10.1 Restoration of Improvements 64 ARTICLE 11 DEVELOPMENT RIGHTS 66 1.1 Limitations of Restrictions 66 1.2 Rights of Access and Completion of Construction 66 1.3 Size and Appearance of La Costa Rddge Community ....;.....;;....„........:..... ....v..i...68 1.4 Marketing Rights 68 1.5 Declarant Rights 68 1.6 Amendment 69 11.7 Declarant Representative 69 ARTICLE 12 SUPPLEMENTARY DECLARATIONS 69 12.1 Annexation 69 12.2 Annexation Without Approval 69 12.3 Covenants Running with the Land 70 12.4 Supplementary Declarations 70 12.5 Mergers or Consolidations 70 12.6 De-Annexation 70 ARTICLE 13 RIGHTS OF LENDERS 71 13.1 Payments of Taxes or Premiums by First Mortgagee 71 13.2 Priority of Lien of Mortgagee 71 13.3 Curing Defaults 71 13.4 Approval of First Mortgagees.... 71 13.5 Restoration of Community Association Property 72 13.6 Professional Management 72 13.7 Notice to Mortgagees 72 13.8 Documents to be Available , 72 13.9 Conflicts 73 ARTICLE 14 AMENDMENTS 73 14.1 Amendment 73 14.2 Conflict with Article 13 or Other Provisions of this Declaration 75 La Costa Ridge CC&Rs 27817-15-1926742.9 15G03 14.3 Approval by City. 75 14.4 Business and Professions Code Section 11018.7 75 14.5 Reliance on Amendments ...75 ARTICLE 15 TERM AND ENFORCEMENT 75 15.1 Duration 76 15.2 Enforcement and Nonwaiver 76 15.3 Notice of Actions Against Declarant 77 15.4 Alternative Dispute Resolution 77 15.5 General Enforcement by the City. 81 15.6 City Required Disclosures 82 15.7 Copy of Recorded Declaration to City. 82 ARTICLE 16 GENERAL PROVISIONS 82 16.1 Headings 82 16.2 Severability 83 16.3 Cumulative Remedies 83 16.4 Violations as Nuisance 83 16.5 No Racial Restriction ...........83 16.6 Access to Books., i ; 83 16.7 Liberal Construction 83 16.8 Notification of Sale of Residential Lot 83 16.9 Notices 83 16.10 Number; Gender 83 16.11 Exhibits 84 16.12 Binding Effect 84 16.13 Statutory References 84 La Costa Ridge CC&Rs 27817-15-1926742.9 156014 Exhibits Exhibit A COVERED PROPERTY Exhibit B ADDITIONAL PROPERTY Exhibit C HABITAT PRESERVE AREAS Exhibit D HABITAT PRESERVE RESTRICTIONS Exhibit E EDUCATIONAL MATERIALS Exhibit F FIRE SUPPRESSION ZONES Exhibit G INVASIVE SPECIES Exhibit H CUSTOM LOT SPECIAL BENEFIT MAINTENANCE AREA La Costa Ridge CC&Rs 27817-15-1926742.9 1S605 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LA COSTA RIDGE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LA COSTA RIDGE ("Declaration") is made as of &£Pn?*n *^ /i/. 2005, by REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation ("Declarant"), with reference to the facts set forth below. RECITALS A. Declarant is the Owner of the real property situated in the City of Carlsbad, County of San Diego, State of California, more particularly described on Exhibit "A" attached to this Declaration ("Covered Property"). - B. Declarant may add all or any of the real property described in Exhibit "B" attached hereto and incorporated herein ("Additional Property") to the Covered Property already subject to this Declaration by annexing such Additional Property and said Additional Property, so annexed will thereupon be subject to this Declaration. C. Declarant intends to develop the Covered Property as a Master Planned Development (as defined in Section2792 of Title 10 of the California Code of Regulations), which is also a "common interest development" pursuant to the Davis-Stirling Common Interest Development Act. If developed as planned, the La Costa Ridge Community will consist of approximately 263 Residences, together with certain areas which will be conveyed to the Community Association (as hereinafter defined) as Community Association Property. (Herein the Covered Property subject to this Declaration and the Improvements situated thereon are sometimes referred to as the "La Costa Ridge Community"). However, there is no assurance that the La Costa Ridge Community will be completed as planned. D. Declarant has formed the La Costa Ridge Community Association, a California nonprofit, mutual benefit corporation, for the purpose of exercising the powers and duties set forth herein for the benefit of all of the Covered Property and each Owner of any portion of the Covered Property. E. The Owners of Residential Lots within the La Costa Ridge Community will be members of the La Costa Ridge Community Association, a California nonprofit mutual benefit corporation ("Community Association"). F. Before any Residential Lots are conveyed to Owners under a Public Report, Declarant desires to establish covenants, conditions and restrictions upon the Covered Property and each and every portion thereof, which will constitute a general scheme for the management of the Covered Property and for the use, occupancy and enjoyment thereof, all for the purpose of enhancing and protecting the value, desirability and attractiveness of the Covered Property and enhancing the quality of life therein. La Costa Ridge CC&Rs 27817-15-1926742.9 15606 INTRODUCTION TO THE PURPOSE OF THE DECLARATION AND THE COMMUNITY GOVERNING DOCUMENTS Declarant has established this Declaration to create a community for all of the Owners within the Covered Property and to provide a governance structure for the La Costa Ridge Community. This Declaration reflects and sets forth those goals and provides the powers and procedures necessary to govern and maintain the La Costa Ridge Community. The responsibilities and powers of the Community Association are not solely focused on, or limited to control of the Owners and other people within La Costa Ridge Community, the Community Association has other powers and duties, including responsibility for the management and maintenance of real property. While the Community Association has the power to provide for the maintenance, management, and preservation of portions of the Covered Property, the Community Association also has other powers and functions which are described in this Declaration. This Declaration also establishes an Architectural Committee which has jurisdiction over design review for the La Costa Ridge Community. The Architectural Committee administers, interprets, and enforces the La Costa Ridge Community Design Standards, which are architectural standards and procedures designed to enhance the quality of all planning and architecture within the La Costa Ridge Community. The La Costa Ridge Community may also include areas where the Community Association provides special services for the benefit of the Owners in those areas. These areas are referred to as "Special Benefit Areas ". In such cases, the Owners within the Special Benefit Areas may have the obligation to pay additional assessments for the special benefit which they receive. The special benefit might include the maintenance by the Community Association of areas such private drives or slopes or similar areas which serve or benefit the Special Benefit Areas. The Community Association may also appoint committees with representatives from the Special Benefit Areas to participate in the administration and governance of the Special Benefit Areas. Throughout this Declaration, there are summaries (like this summary) which are indicated in italics to aid the reader's comprehension and use of the Community Governing Documents. In the event of a conflict between any summary or diagram and the text of any of the Community Governing Documents, the text shall control. La Costa Ridge CC&Rs 27817-15-1926742.9 15G0T DECLARATION NOW, THEREFORE, Declarant hereby declares and does hereby establish the following general plan for the protection and benefit of all of the Covered Property and does hereby fix the following protective covenants, conditions and restrictions upon each and every ownership interest in the Covered Property and any other property annexed to this Declaration under which covenants, conditions and restrictions shall be established and 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 value and desirability of and shall inure to the benefit of all of the Covered 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. Declarant hereby declares that all of the Covered Property described in Exhibit "A" shall be subject to this Declaration and shall constitute the initial land subject to this Declaration. All or any portion of the Additional Property may be annexed to and become subject to this Declaration and, upon such Annexation, such Additional Property shall also be subject to the limitations, restrictions, easements, covenants, conditions, liens and charges of this Declaration and shall be included within the definition of the Covered Property. - ....;•-- ••- ••: ••--•'- - - is- --^ - -•:?. - i.- .-..-••• •• - ' ARTICLE 1 - > • : ' -; • " •"-- '• ^ DEFINITIONS Unless the context otherwise specifies or requires, the terms defined in this Article shall, for all purposes of this Declaration, have the meanings herein specified. 1.1 Additional Charges. The term "Additional Charges" rreans costs, fees, charges and expenditures, including without limitation, attorneys' fees, late charges, interest and recording and filing fees actually incurred by the Community Association in collecting and/or enforcing payment of assessments, fines and/or penalties. 1.2 Additional Property. The term "Additional Property" means all of the real property described on Exhibit "B" attached hereto and incorporated herein. 1.3 Annexation The term "Annexation" means the process by which the Additional Property may be made subject, to this Declaration as set forth in the Article of this Declaration entitled "Annexation." 1.4 Architectural Committee. The term "Architectural Committee" means the committee created under the Article of this Declaration entitled "Architectural Committee." 1.5 Best Management Practices. The term "Best Management Practices" means the Best Management Practices imposed from time to time by Governmental Agencies, including those which are set forth in this Declaration and the Community Design Standards. 1.6 Budget. The term "Budget" means a written, itemized estimate of the Community Association's income and Common Expenses prepared pursuant to the Community Bylaws. La Cosd Ridge CC&Rs 27817-15-1926742.9 3 15S08 1.7 City. The term "City" means the City of Carlsbad, State of California, a municipal corporation. J-8 City Requirements. The term "City Requirements" refers to the conditions and requirements imposed by the City in connection with the approval of Tentative Map No. 99-04, any Final Maps covering all or any portion of the Covered Property and any other approvals identified in this Declaration or any Supplementary Declaration. 1 -9 Close of Escrow. The term "Close of Escrow" means the date on which a deed is recorded conveying a Residential Lot under authority of a Public Report. The term "Close of Escrow" shall not include the recordation of a deed (i) between Declarant and (a) any successor to any rights of Declarant hereunder or (b) any Merchant Builder or (ii) between Merchant Builders. '•'0 Common Expenses. The term "Common Expenses" means the actual and estimated costs and expenses incurred or to be incurred by the Community Association, including without limitation, the following: 1.10.1 maintenance, management, operation, repair and replacement of the Community Association Property and Common Maintenance Area (including any Spectal Benefit Areas) and all other areas within the Covered Property which are maintained by the Community Association; 1.10.2 the cost of any services provided from time to time by the Community Association including, any recreational, technology or other consultants which the Community Association elects to maintain to provide services to the Community Association; 1.10.3 the costs incurred in administering any committees formed by the Community Association, subject to the provisions of the Community Governing Documents; 1.10.4 due but unpaid Community Assessments; 1.10.5 maintenance by the Community Association of medians and other areas within the public rights-of-way to the extent required by the City; 1.10.6 any costs incurred in connection with the use of the tecreational Vehicle Storage Area; 1.10.7 costs of management and administration of the Community Association, including without limitation, compensation paid by the Community Association to managers, accountants, attorneys, architects and employees; 1.10.8 the costs of any utilities, trash pickup and disposal, gardening, patrols and other services benefiting the Owners and their Residential Lots to the extent such services are paid for by the Community Association; 1.10.9 the costs of fire, casualty, liability, worker's compensation and any other insurance maintained by the Community Association; La Costa Ridge CC&Rs 27817-15-1926742.9 4 15603 l.lO.lOreasonable reserves as deemed appropriate by the Community Board or otherwise required to be maintained under the Community Governing Documents; 1.10.11 the costs of bonding of the members of the Community Board, the Architectural Committee, any professional managing agent or any other person handling the funds of the Community Association; 1.10.12taxes paid by the Community Association; 1.10.13amounts paid by the Community Association for the discharge of any lien or encumbrance levied against all or any portion of the Community Association Property or the Common Maintenance Areas; 1.10.14the costs of any other services provided by or for the Community Association; and l.lO.lSthe costs of any other item or items designated by, or in accordance with other expenses incurred by the Community Association for any reason whatsoever in connection with the operation, or governance of the La Costa Ridge Community or in furtherance of the purposes or the discharge of any obligations imposed on the Community Association by the Community Governing Documents. 1.11 Common Maintenance Area. The term "Common Maintenance Area" or "Common Maintenance Areas" means any portion of the Covered Property which is not owned by the Community Association but which is required to be maintained by the Community Association and the maintenance of which the Community Association is responsible for as provided in this Declaration or any Supplementary Declaration. The Common Maintenance Area may include, without limitation, easements over the Residential Lots of the Owners for maintenance purposes. Common Maintenance Areas may be modified or supplemented or additional Common Maintenance Areas may be shown in a Supplementary Declaration. 1.12 Community Articles. The term "Community Articles" means the Articles of Incorporation of the Community Association. 1.13 Community Assessments. The term "Community Assessments" refers collectively or individually, as required by the context, to all or any of the assessments levied by the Community Association in accordance with Article S of this Declaration and shall include the Community Assessments defined below. 1.13.1 Regular Assessment. The terms "Regular Assessment" or "Regular Assessments" means the assessment to be paid by each Owner to the Community Association for Common Expenses as described in Subsection 5.4.1 of this Declaration. 1.13.2 Special Assessment. The terms "Special Assessment" or "Special Assessments" means an assessment levied by the Community Association if the Community Association determines that the Regular Assessments will be inadequate pursuant to the provisions of Subsection 5.4.2 of this Declaration. U Costa Ridge CC&Rs 27817-15-1926742.9 ' 5 15G10 1.13.3 Capital Improvement Assessment. The terms "Capital Improvement Assessment" or "Capital Improvement Assessments" means an assessment against each Owner and such Owner's Residential Lot, representing a portion of the cost to the Community Association for installation or construction of any capital improvements for the Community Association Property which the Community Association may from time to time authorize under the provisions of Subsection 5.4.3 of this Declaration. 1.13.4 Enforcement Assessment. The terms "Enforcement Assessment" or "Enforcement Assessments" refers to the charges assessed against any Owner and such Owner's Residential Lot to reimburse the Community Association as a result of an Owner's failure to comply with the provisions of this Declaration as described in Subsection 5.4.4 of this Declaration. 1.13.5 Reconstruction Assessment. The terms "Reconstruction Assessment" or "Reconstruction Assessments" means a charge against each Owner and such Owner's Lot representing a portion of the cost to the Community Association for reconstruction of any portion or portions of the Community Association Property or Common Maintenance Area which is imposed under the provisions of Article 10 of this Declaration. -."•:• .•'•"-•l •"•'-"• 1. 13.' 6 Special Services Assessment; ' The terrh "Special Services Assessment" means an assessment which is levied on some but not all of the Owners for special services provided by the Community Association to such Owners as described in Subsection 5.4.6 of this Declaration. 1.14 Community Association. The term "Community Association" means the La Costa Ridge Community Association, a California nonprofit mutual benefit corporation. 1.15 Community Association' Maintenance Manual. The term "Community Association's Maintenance Manual" refers to the manual which may be prepared by Declarant or its consultants and provided to the Association, specifying obligations for maintenance of the Association Property, the Community Association Property and the Common Maintenance Areas by the Community Association, as updated and amended from time to time. 1.16 Community Association Property. The term "Community Association Property" means all the real property owned in fee simple by the Community Association. The Community Association Property shall be described in the Supplementary Declarations (as hereinafter defined). 1. 17 Community Board. The term "Community Board" means the Board of Directors of the Community Association. 1.18 Community Bylaws. The term "Community Bylaws" means the Community Bylaws of the Community Association, as they may from time to time be amended, which are or shall be adopted by the Board. 1.19 Community Design Standards. The term "Community Design Standards" means the design criteria, guidelines and policies and procedures adopted by the Community Board for the Architectural Committee. La Coaa Ridge CC&Rs 27817-15-1926742.9 6 15S11 1.20 Community Governing Documents. The term "Community Governing Documents" means the Community Articles, Community Bylaws, Community Handbook (which includes the Community Design Standards), this Declaration and the Supplementary Declarations, and any amendments to any of the foregoing. 1.21 Community Handbook. The term "Community Handbook" means the handbook adopted by the Community Board prior to the first conveyance of a Residential Lot to an Owner under a Public Report which sets forth the rules, procedures and other guidelines for the governance of the Covered Property. The Community Handbook includes the Community Design Standards. 1.22 Covered Property. The term "Covered Property" includes all of the real property described in Exhibit "A" of this Declaration, and such Additional Property as may hereafter be brought within the jurisdiction of this Declaration pursuant to a Supplementary Declaration. 1.23 Custom Lots. The term "Custom Lots" refers to those Lots within the Custom Lot Special Benefit Area which are designated as a Custom Lot in a Supplementary Declaration. 1.24 Custom Lot Owner. The term "Custom Lot Owner" or "Custom Lot Owners" refers to the Owners^ including Declarantyof fee simple title to each Custom Lot, including ; contract sellers, but excluding those having such interests merely as security for the performance of an obligation. 1.25 Custom Lot Special Benefit Area. The term "Custom Lot Special Benefit Area" refers to the Custom Lots which receive a special benefit from the portion of the Community Association Property which is being maintained by the Community Association as the Custom Lot Special Benefit Maintenance Area. 1.26 Custom Lot Special Benefit Maintenance Area. The term "Custom Lot Special Benefit Maintenance Area" refers to the private drive and appurtenant facilities which is for the benefit of the Owners of the Custom Lots described in Exhibit "H" and attached hereto. 1.27 Declarant. The term "Declarant" means Real Estate Collateral Management Company, a Delaware corporation, and its successors and assigns, if such successors and assigns acquire any or all of Declarant's interest in the Covered Property for the purpose of purchase or sale, and Declarant has expressly transferred or assigned to such successors or assigns its rights and duties as Declarant to a portion or all of the La Costa Ridge Community. For any successor or assignee of "Declarant" to be deemed a Declarant under the terms hereof, Declarant shall record in the County a certificate so designating said successor or assignee as Declarant. A successor Declarant shall also be deemed to include the beneficiary under any deed of trust securing an obligation from a then existing Declarant encumbering all or any portion of the Covered Property, which beneficiary has acquired any such property by foreclosure, power of sale or deed in lieu of such foreclosure or sale. 1.28 Declaration. The term "Declaration" means this Declaration of Covenants, Conditions and Restrictions of La Costa Ridge, and any further amendments thereto. La Costa Ridge CC&Rs 27817-15-1926742.9 15G12 1.29 ORE. The term "DRE" means and refers to the California Department of Real Estate or any successor agency that is responsible for administering the sale of subdivided lands pursuant to Sections 11000, eL seq,, of the California Business and Professions Code, or any similar statute hereinafter enacted. 1.30 Eligible Holder. The term "Eligible Holder" means any First Mortgagee who has given written notice to the Community Association specifying its name, address and the Residential Lot number or address of the Residential Lot and requesting written notice of any or all of the events specified in this Declaration. 1.31 Federal Agencies. The term "Federal Agencies" refers collectively to one or more of the following agencies and the following letter designation for such agencies shall mean and refer to, respectively, the agency specified within the parentheses following such letter designation: FHA (Federal Housing Administration), FHLMC (Federal Home Loan Mortgage Corporation), FNMA (Federal National Mortgage Association), GNMA (Government National Mortgage Association), and VA (United States Department of Veterans Affairs). 1.32 Final Maps. The term "Final Maps" refers to the final subdivision maps covering all or any portion of the La Costa Ridge Community. 1.33 Fire Suppression Zones. The term "Fire Suppression Zones" means the areas designated by the City as fire suppression zones. The Fire Suppression Zones are shown on Exhibit "F". Fire Suppression Areas may also be modified or supplemented and additional Fire Suppression Zones may be designated in a Supplementary Declaration. 1.34 First Mortgage. The term "First Mortgage" means a first mortgage or deed of trust which encumbers any one (1) or more Residential Lots and has priority over any other mortgage or deed of trust encumbering such Residential Lot, and shall include any first mortgage or deed of trust securing an obligation of Declarant, a Merchant Builder, or an Owner. 1.35 First Mortgagee. The term "First Mortgagee" means the Mortgagee of a First Mortgage. 1.36 Fiscal Year. The term "Fiscal Year" means the fiscal accounting and reporting period of the Community Association selected by the Community Board. 1.37 Governmental Agency. The term "Governmental Agency" means the City, the County of San Diego and any other federal, state, local or municipal governmental entity or quasi-governmental entity or agency including, without limitation, any special assessment district, maintenance district or community facilities district having jurisdiction over the Covered Property. 1.38 Habitat Preserve Areas. The term "Habitat Preserve Areas" means the areas which have been designated by certain Governmental Agencies as habitat preserve areas designated on Exhibit "C" attached hereto. 1.39 Habitat Preserve Adjacent Areas. The term "Habitat Preserve Adjacent Areas" means the portions of the Covered Property, which may include Residential Lots and La Costa Ridge CC&Rs 27817-15-1926742.9 8 15S13 Community Association Property which are contiguous to or adjacent to the Habitat Preserve Areas and which are subject to the Habitat Preserve Restrictions. The Habitat Preserve Adjacent Areas will be designated in Supplementary Declarations. .,40 Habitat Preserve Restrictions. The term "Habitat Preserve Restrictions" refers to the restrictions imposed on the Habitat Preserve Areas specified in Exhibit "D", and any additional restrictions imposed in a Supplementary Declaration. 1.41 Improvements. The term "Improvements" refers to buildings, structures or improvements of any type or kind constructed within the La Costa Ridge Community, including without limitation, buildings, walkways, trails, utility installations, swimming pools and other recreational facilities, garages and garage conversions, carports, roads, driveways, parking areas, fences, screening walls, block walls, retaining walls, awnings, patio and balcony covers, stairs, decks, landscaping, irrigation systems, antennae, the exterior surfaces of any visible structure painting, hedges, windbreaks, railings, plantings, planted trees and shrubs, poles, signs, storage areas, exterior and solar or wind-powered energy systems or equipment and water-softening, heater or air conditioning and heating fixtures or equipment; the grading, excavation, filling or similar disturbance to the surface of the land and any change or alteration of any previously approved Improvement including any change of exterior appearance, color or texture. 1.42 Institutional Mortgagee. The term "Institutional Mortgagee" means a First Mortgagee which is (i) a bank, savings and loan association, insurance or mortgage company or other entity or institution chartered under federal and/or state law; (ii) an insurer or governmental guarantor of a First Mortgage; (iii) any federal or state agency; (iv) the State of California as the vendor under an installment land sales contract covering a Residential Lot; or (v) any other institution specified by the Community Board in a recorded instrument, who is the Mortgagee of a Mortgage or the beneficiary of a Deed of Trust encumbering a Residential Lot. 1.43 Invitee. The term "Invitee" means any person whose presence within the La Costa Ridge Community is approved by or is at the request of a particular Owner, including without limitation, lessees, tenants and the family, guests, employees, licensees or invitees of Owners, tenants or lessees. 1.44 La Costa Ridge Community. The term "La Costa Ridge Community" refers to the Covered Property and all Improvements from time to time situated thereon. 1.45 Lot. The term "Lot" means any plot of land shown as a separate lot or parcel upon any recorded Final Map or parcel map of any portion of the Covered Property. 1.46 Maintenance Obligations. The term "Maintenance Obligations" refers to the Community Association's obligations to perform (i) all reasonable maintenance consistent with the terms of the Community Association's Maintenance Manual, any maintenance obligations and schedules in any warranty offered by Declarant or any manufacturer, and any maintenance obligations and schedules otherwise provided to the Community Association or the Owners by Declarant or any manufacturer, as applicable; and (ii) any commonly accepted maintenance practices to prolong the life of the materials and construction of the Community Association La Costa Ridge CC&Rs 27817-15 -1926742.9 15G1M Property and Common Maintenance Areas, as applicable, as updated and amended from time to time. 1.47 Member. The term "Member" means every person or entity who qualifies for membership under this Declaration including Declarant, as long as Declarant qualifies for membership under Article 3 of this Declaration. 1.48 Merchant Builder or Merchant Builders. The term "Merchant Builder" or "Merchant Builders" means any person or entity which acquired or has entered into a purchase agreement to acquire from Declarant a portion of the La Costa Ridge Community for the purpose of improving such property with Residences and conveying such Residences to purchasers under authority of a Public Report in accordance with a Declaration of Development Covenants, Conditions and Restrictions recorded against the Covered Property by Declarant in connection with the conveyance to a Merchant Builder. 1.49 Mortgage. The term "Mortgage" means a deed of trust as well as a'mortgage encumbering a Residential Lot. 1.50 Mortgagee. The term "Mortgagee" means the beneficiary of a deed of trust as well as the mortgagee of a Mortgage. ' .....-.,..-- .;.,-- 1.51 Notice and Hearing. The term "Notice and Hearing" means the procedure which gives an Owner notice of an alleged violation of the Community Governing Documents and the opportunity for a hearing before the Community Board. 1.52 Operating Rules. The term "Operating Rules" refers to those rules set forth in the Community Handbook that constitute an operating rule under Civil Code Section 1357.100 e£ 1.53 Owner. The term "Owner" means the record Owners, including Declarant and Merchant Builders, 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. 1.54 Perimeter Walls and Fences. The term "Perimeter Walls and Fences" refers to the walls and fences bordering portions of the La Costa Ridge Community designated in any Supplementary Declaration which shall be maintained by the Community Association pursuant to the provisions of this Declaration. 1.55 Person. The term "Person" means a natural individual or individuals or any other entity with the legal right to hold title to real property. When the word "person" is not capitalized, the word refers only to natural persons. 1.56 Phase. The term "Phase" means a group of Lots which are or have been made subject to this Declaration and are designated by Declarant as a separate Phase by a document (which may be a Supplementary Declaration or another notice of annexation) executed by Declarant and recorded with the County Recorder of the County of San Diego. Should Declarant not have made a contrary designation, each group of Residential Lots and any other Lots which have been made subject to this Declaration and are covered by a separate Public Report (as La Costa Ridge CCiRs 27817-15-1926742.9 10 15G15 defined below) issued by the DRE or otherwise recognized by the California Real Estate Commissioner as a separate Phase shall constitute a separate Phase. 1.57 Private Owner. The term "Private Owner" refers to the fee title owner of the Additional Property. 1.58 Private Owner Assessment Commencement Date. The term "Private Owner Assessment Commencement Date" refers to the date which is the later to occur of (a) the annexation of the Additional Property to this Declaration, and (b) the commencement of Regular Assessments on any Residential Lot within the Property. 1.59 Private Streets. The term "Private Streets" means those streets, roads and drives and adjacent sidewalks within the Community Association Property, and related lighting, private drainage, sewage and water systems and other utility installations therein that are not maintained by a public agency or franchised utility within such streets, roads or sidewalks. 1.60 Public Report. The term "Public Report" means the final subdivision public report issued by the DRE for a Phase, including any amendments to such Public Report. . ; . - 1.61 Recreational Vehicle Storage Area. The term "Recreational Vehicle Storage Area" refers to the recreational vehicles storage area located on Lot 210 of the La Costa Oaks Community which the Owners shall have the right to use pursuant to the terms of the Recreational Vehicle Storage Agreement. 1.62 Residence. The term "Residence" refers to each residential dwelling situated within a Lot. 1.63 Residential Lot. The term "Residential Lot" refers to each Lot upon which a Residence has been or is planned to be constructed or a legal lot created through a certificate of compliance which has been recorded in the Office of the County Recorder. 1.64 Special Benefit Areas. The term "Special Benefit Areas" refers to the portions of the Covered Property which directly receive a special benefit (which benefit may be in the form of amenities provided or maintenance or other services offered) and for which additional Assessments will be imposed on the Owners within the Special Benefit Areas who receive such special benefits pursuant to the provisions of this Declaration. The term "Special Benefit Areas" in the singular or plural, shall include the Custom Lot Special Benefit Area except as expressly provided herein. Any Special Benefit Areas in addition to the Custom Lot Special Benefit Area shall be described in a Supplementary Declaration. 1.65 Special Benefit Area Budget The term "Special Benefit Area Budget" refers to the elements of the budget for the Community Association which itemizes the cost components to be assessed against portions of the Covered Property within a Special Benefit Area, as provided in this Declaration and the Community Bylaws. 1.66 Special Benefit Maintenance Areas. The term "Special Benefit Maintenance Areas" refers to those areas within a Special Benefit Area which will be maintained by the La Costa Ridge CC&Rs 278I7-1S-1926742.9 11 1561S Community Association. The Special Benefit Maintenance Areas shall be designated in a Supplementary Declaration. 1.67 Supplementary Declaration The term "Supplementary Declaration" means those certain declarations of covenants, conditions and restrictions, or similar instruments which, (a) annex any portion of the Additional Property and extend the plan of this Declaration to such Additional Property and/or (b) identify any Special Benefit Areas and/or describe certain areas within the Covered Property that are to be maintained by the Community Association and/or (c) contain such other complementary additions and modifications as are provided in Article 12 the other provisions of this Declaration and/or (d) make technical or minor corrections to this Declaration or any other Supplementary Declaration. A Supplementary Declaration may also be recorded by a Merchant Builder to set forth alternative dispute resolution procedures governing disputes or claims between an Owner and a Merchant Builder, which do not and will not include the Declarant or the Community Association. 1.68 Trail System The term "Trail System" or "Trail Systems" refers to any trail system within the Community Association Property or Common Maintenance Areas established under the City Requirements which is required to be maintained either by the City or the Community Association. The Trail Systems will be designated in a Supplementary Declaration. 1.69 Voting Power. The term "Voting Power" means the total number of votes allocated to Residential Lots as set forth in the Section of Article 3 entitled "Classes of Voting Membership". ARTICLE 2 PROPERTY RIGHTS IN RESIDENTIAL LOTS AND COMMUNITY ASSOCIATION PROPERTY In addition to the Residential Lots, there are many different types of areas within the La Costa Ridge Community. Some of the areas consist of Community Association Property which are areas actually owned by the Community Association. There are also areas known as Common Maintenance Areas, which are areas over which the Community Association has easements for maintenance. Many of these areas will be identified in Supplementary Declarations to this Declaration. Each (hvner's rights of enjoyment within the La Costa Ridge Community, including in certain cases, the Residential Lots, are limited by some of the property rights which are described in this Article. 2.1 Ownership of Community Association Property and Common Maintenance Area. Fee title to the .Community Association Property and the easement rights in the Common Maintenance Area for each Phase of the Covered Property shall be conveyed to, accepted and thereafter owned by the Community Association in xcordance with a phasing plan to be approved by the DRE as such phasing plan may be modified from time to time. The Community Association must accept the conveyance of fee title to any Community Association Property or easement rights in any Common Maintenance Area, and the Community Association shall execute each such deed and any accompanying escrow instructions if requested to do so by Declarant or a Merchant Builder. No Owner shall interfere with the exercise by the Community La Costa Ridge CC&Rs 27817-15-1926742.9 12 15S1T Association, Declarant or a Merchant Builder of its rights or the fulfillment of its obligations hereunder. Any such conveyances shall be made free and clear of all liens, except real property taxes and assessments, which may be due after such conveyance, and shall be subject to any easements, covenants, conditions and reservations then of record, including, without limitation, those set forth on any Final Map and this Declaration. Additionally, Declarant and a Merchant Builder (with Declarant's written consent) shall have an easement and right of entry to enter the Community Association Property to complete the construction of any landscaping or other Improvements to be installed on the Community Association Property and Common Maintenance Area or to perform any work under any warranties. Neither such construction nor such maintenance shall in any way postpone the commencement of Community Assessments pursuant to this Article or entitle a Member to claim any offset or reduction in the amount of such Community Assessments. 2.2 Rights of Use of the Community Association Property and Common Maintenance Areas. The interest of each Owner in the use and benefit of the Community Association Property and Common Maintenance Area shall be appurtenant to the Owner's Residential Lot subject to the Community Association's right to exercise exclusive jurisdiction and control over the Community Association Property and Common Maintenance Area and the other rights, restrictions and easements described in this Declaration, the City Requirements, any Final Map and any other matters of record. The nature, design, quantity, quality and all other attributes of the Community Association Property and Common Maintenance Area, and the facilities and amenities thereon, shall be determined by Declarant in Declarant's sole and absolute discretion or by a Merchant Builder (with Declarant's written consent). 2.3 Owners' Easements of Enjoyment. Every Owner shall have a non-exclusive easement for use and enjoyment in and to the Community Association Property except that only the Custom Lot Owners and their Invitees, and upon annexation the Private Owner, shall have an easement for ingress and egress over the private drive included within the Custom Lot Special Benefit Maintenance Areas. Such rights shall be appurtenart to and shall pass, with the title to every Residential Lot, subject to the provisions set forth below and any rights and restrictions set forth elsewhere in this Declaration and the other Community Governing Documents and the Final Map and City Requirements and any other easements of record. The ownership interests in the Community Association Property and Residential Lots described in this Article are subject to the easements granted and reserved in this Declaration. Each of the easements reserved or granted herein shall be deemed to be established upon the recordation of this Declaration and shall be covenants running with the land for the use and benefit of the Owners, the Community Association and the Declarant. Individual grant deeds to Residential Lots may, but shall not be required to, set forth the easements specified in this Declaration. 2.3.1 Limits on Users of Community Association Property. The Community Association shall have the right to (a) limit the use of portions of the Community Association Property solely to those Owners who own Residential Lots or solely to those Owners who own Residential Lots within any applicable Special Benefit Area, and/or (b) limit or permit usage thereof by non-Members as the Community Association deems appropriate. 2.3.2 Limits on Users of Community Association Property within Custom Lot Special Benefit Area. Notwithstanding anything to the contrary set forth in this Declaration, La Costa Ridge CC&Rs 27817-15-1926742.9 13 15618 access to the private drive and appurtenant facilities within the Custom Lot Special Benefit Maintenance Area shall be restricted solely to the Custom Lot Owners and their Invitees, and upon annexation the Private Owner. Such rights of ingress and egress shall also be subject to any private, public or quasi-public easements that may exist for ingress, egress, access or other purposes. 2.3.3 Suspend Rights of Members. The Community Association shall have the right, after Notice and Hearing, to temporarily suspend the voting rights and right to use of the Community Association Property (other than tie Private Streets) by an Owner pursuant to the terms of this Declaration and the Community Handbook. 2.3.4 Dedicate or Grant Easements. The Community Association shall have the right to dedicate or transfer or grant easements over all or any portion of the Community Association Property to any Governmental Agency or other Persons for such purposes and subject to such conditions as may be agreed to by the Community Association. 2.3.5 Borrow Funds. The Community Association shall have the right, in accordance with the Community Governing Documents, to borrow money for the purpose of improving, repairing or adding to the Community Association Property and for the administration of the Community Association and its function and to pledge personal property assets of the Community Association for such loan. The Community Association may not encumber the Community Association Property with monetary liens unless the vote or written consent of two-thirds (2/3rds) of the Voting Power of the Community Association is obtained except that the vote or written consent of the Members shall not be required for any municipal or other similar financing offered by a Governmental Agency or for any borrowing that does not exceed five percent (5%) of the gross budget (in the aggregate) for a Fiscal Year. 2.3.6 Entry by Community Association The Community Association and the Community Association's agents and employees shall have the right (but not the obligation) to enter upon the Residential Lots (other than the interior of the Residence situated thereon) to enforce the provisions of this Declaration or to perform its maintenance obligations under this Declaration. 2.3.7 Entry by the City. The City and the City's agents and employees shall have the right (but not the obligation) to enter upon the Community Association Property and any Common Maintenance Area to enforce the provisions of this Declaration in favor of, or in which the City has an interest. 2.3.8 Restrictions on Use Imposed on Community Association Property. The Community Association Property shall be subject to the restrictions set forth in the City Requirements, including without limitation, open space easements or easements for access of the property dedicated to the City upon the filing of record of the Final Maps covering all or any portion of the Covered Property. 2.3.9 Hiking Trail System. A hiking trail system may be constructed within certain portions of the Community Association Property and/or Common Maintenance Areas in a location and based upon a design approved by the City ("Trail System") in connection with the La Cosia Ridge CC&Rs 27817-15-1926742.9 14 15613 overall development of the La Costa Ridge Community. Declarant has dedicated to the City a public access easement over portions of the Trail System and the public shall have the right to use any portion of the Trail System which has been so dedicated. The rights and obligations of Declarant and the City with regard to the Trail System and the conditions of use, improvement and maintenance of the portions of the Trail System are set forth in the recorded Final Maps covering the La Costa Ridge Community and the other City Requirements. 2.3.10 Community Association Easement. The Community Association shall have an easement over the Common Maintenance Areas in each Phase for performing its duties and exercising its powers described in this Declaration, including, without limitation, maintenance and refurbishment and replacement of the Common Maintenance Areas. 2.4 Establish Special Assessment District The Community Association shall have the fight to establish, in cooperation with the City, a special assessment district for the performance of all or a portion of the maintenance and other functions now within the responsibility of the Community Association, together with the right of the Community Association to convey, lease or otherwise transfer, subject to the provisions of this Declaration, all or any portion of the Community Association Property to said district. In the event Declarant or any Merchant Builder owns any portion of the Covered Property or the Additional Property, the prior QDnsent: of the Declarant shall be"obtained' prior to the formation of any special assessment district. 2.5 Encroachment. There are hereby reserved and granted for the benefit of each Residential Lot, as dominant tenement, over, under and across each other Residential Lot and Community Association Property, as servient tenements, and for the benefit of the Community Association Property, as dominant tenement, over, under and across each Residential Lot, as servient tenement, non-exclusive easements for encroachment, support, occupancy and use of such portions of Residential Lots and Community Association Property as are encroached upon, used and occupied by the dominant tenement as a result of any original construction design, accretion, erosion, addition, deterioration, decay, errors in original construction, movement, settlement, shifting or subsidence of any building, structure, or other improvements or any portion thereof, or any other cause. In the event any portion of the La Costa Ridge Community is partially or totally destroyed, the encroachment easement shall exist for any replacement structure which is rebuilt pursuant to the original construction design. The easement for the maintenance of the encroaching improvement shall exist for as long as the encroachments exists; provided, however, that no valid easement of encroachment shall be created due to the willful misconduct of the Community Association or any Owner. Any easement of encroachment may, but need not be, cured by repair and restoration of the structure. 2.5.1 Easement for Declarant and Merchant Builders Over Community Association Property. Declarant hereby expressly reserves for the benefit of Declarant and all Merchant Builders with the right to grant and transfer the same and each of their respective agents, subcontractors, invitees, employees and contractors, and for the benefit of their respective successors and assigns, a nonexclusive easement, in, to, and over the Community Association Property for access, ingress, egress, use and enjoyment, in order to show the Covered Property or Additional Property to Merchant Builders and other prospective purchasers, including, without limitation, prospective purchasers of the Merchant Builders and to develop, construct, market, La Costa Ridge CC&Rs 27817-15-1926742.9 15 15620 sell, lease or otherwise dispose of the Covered Property or the Additional Property all as provided in the Article hereof entitled "Development Rights." Such easement shall continue until the last Close of Escrow under a Public Report in the Covered Property and the Additional Property has occurred; provided, however, that such use shall not unreasonably interfere with the rights of enjoyment of the other Owners as provided herein. 2.5.2 Irrigation Easements. Declarant hereby reserves for the benefit of Declarant and the Community Association with the right to grant and transfer the same, and for the benefit of their respective successors and assigns, a nonexclusive easement in, to and over the Community Association Property and Common Maintenance Areas and any other areas designated in a Supplementary Declaration for the installation, maintenance, repair and replacement of irrigation and water lines for the benefit of the Community Association. 2.5.3 Easement Over the Common Maintenance Area on Lots. Declarant (and with the written consent of Declarant, the Merchant Builders) reserve, for the benefit of the Community Association, an easement over the portion of the Common Maintenance Area, if any, on the Lots for maintenance and over the remainder of the Lots for access, ingress and egress necessary to perform such maintenance. No Owner may interfere with the exercise of the rights under the easement reserved in this Section. 2.5.4 Drainage Easements. Declarant reserves for the benefit of the Covered Property, the Owners, the Merchant Builders, and the Community Association, reciprocal nonexclusive easements for drainage of water over, across and on the Covered Property. 2.5.5 Easements for Public Service Use. In addition to the foregoing easements, Declarant reserves easements over the Covered Property for public services of the Governmental Agencies, including without limitation, the right of law enforcement and fire protection personnel to enter upon any part of the Covered Property for the purpose of carrying out their official duties. 2.5.6 Perimeter Wall Easements. Declarant and each Merchant Builder reserves for the benefit of the Community Association the following easements: (a) An easement over all Lots abutting the Community Association Property owned by the Community Association, consisting of a three (3) foot wide strip of land (or wider if and to the extent required by the size of the Perimeter Wall and Fence footing) along the entire length of the property line separating such Lot from the Community Association Property owned by the Community Association, for the purpose of accommodating the footings and other structural components of any Perimeter Wall and Fence located on or immediately adjacent to such property line, including any encroachments thereof onto the Lot; and (b) An easement for access over such Lots reasonably necessary for maintaining the Perimeter Walls and Fences and related Improvements. 2.5.7 Utilities. There is hereby reserved to Declarant and the Merchant Builders, together with the right to grant and transfer the same, easements on, over, under, through and across the Covered Property for the purpose of constructing, erecting, operating and maintaining facilities and Improvements, including without limitation, easements for the La Costa Ridge CC&Rs 27817-15-1926742.9 16 15621 installation and maintenance of electric, telephone, cable television, water, gas, sanitary sewer lines, and drainage facilities, roads, park areas, parkways and walkways as may be shown on any recorded subdivision or parcel maps of the Covered Property or as are required by the City or County of San Diego or any other Governmental Agencies. 2.5.8 Community Association Easements. There is hereby reserved to Declarant, the Community Association and their duly authorized agents and representatives, such easements over the Covered Property as are necessary to perform the duties and obligations of the Community Association as are set forth in the Community Governing Documents. 2.5.9 Storm Water Compliance Easements. There is hereby reserved to the Community Association, the Declarant and the Merchant Builders, the easements necessary to exercise their rights to enforce an Owner's compliance with any storm water requirements imposed by any Governmental Agencies as provided in Section 7.24 of this Declaration. 2.6 Amendment to Eliminate Easements. This Declaration cannot be amended to modify or eliminate the easements reserved to Declarant and the Merchant Builder herein without prior written approval of Declarant and any attempt to do so shall have no effect. Any attempt to modify or eliminate this Article shall, for so long as Declarant or any Merchant Builder owns any portion of the Covered Property or Additional Property, also require the prior written approval of Declarant. 2.7 Private Owner Rights. Notwithstanding anything to the contrary set forth in this Declaration, the Owner of the Additional Property shall not have any of the rights under this Declaration until the Private Owner Assessment Commencement Date. ARTICLE 3 MEMBERSHIP AND VOTING RIGHTS IN COMMUNITY ASSOCIATION Each Owner of a Residential Lot is a Member of the Community Association. The success of the La Costa Ridge Community is dependent, in part, upon each Owner's participation in the activities of the Community Association. Initially, there are different classes of membership within the La Costa Ridge Community. The qualifications for membership for all Owners, including the Declarant, are described in this Article. 3.1 Ownership of Residential Lots. Ownership of each Residential Lot within the La Costa Ridge Community shall include (a) a membership in the Community Association and (b) subject to the provisions of this Declaration and any Final Maps and other City Requirements exclusive or non-exclusive easement or easements appurtenant to such Residential Lot over the Community Association Property as described in this Declaration and the deed to the Residential Lot. 3.2 Membership. 3.2.1 Qualifications. Members of the Community Association shall be (i) Declarant (irrespective of whether Declarant is the Owner of a Residential Lot) , for so long as Declarant is entitled to either cast a Class C vote pursuant to the Section of this Article entitled La Cosia Ridge CCiRs 27817-15-1926742.9 17 15S22 "Class C Membership" or cast votes on behalf of any Merchant Builders, and (ii) each Owner (including Declarant and any Merchant Builder) of one (1) or more Residential Lots in the La Costa Ridge Community. Ownership of a Residential Lot shall be the sole qualification for an Owner's membership in the Community Association. 3.2.2 Transfer of Membership. All memberships in the Community Association held by Owners, other than Declarant, shall be appurtenant to the Residential Lot owned by each Owner and shall not be transferred, pledged or alienated, in any way, except upon the transfer of title to the Owner's Residential Lot. Declarant's Class C membership may not be transferred except to a successor to Declarant's rights to all or a portion of the Additional Property. Transfer of Declarant's Class C membership shall be evidenced by the recordation in the Office of the County Recorder of San Diego County of an Assignment of Declarant's Rights. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Community Association. 3.2.3 Assignment of Right of Use. A Member shall have the right to assign, in accordance with the Community Bylaws, an Owner's rights of use and enjoyment to the Community Association Property to a lessee or tenant of an Owner's Residential Lot; provided, however, that such Member shall not also be entitled to the use and enjoyment of the recreational facilities, if any,~ located on the Community Association •Property during the term of the assignment. The assigning Member shall remain liable for all charges and assessments attributable to the Owner's Residential Lot. A Member who has sold his or her Residential Lot to a contract purchaser under an agreement to purchase shall be entitled to assign to the contract purchaser his or her membership rights in the Community Association. Such assignment shall be in writing and shall be delivered to the Community Board before such contract purchaser may vote. However, the contract seller shall remain liable for all charges and assessments attributable to his or her Residential Lot until fee title to the Residential Lot is transferred. 3.2.4 Transfer of Membership Upon Sale. If the Owner of any Residential Lot fails or refuses to transfer the membership registered in his or her name to the purchaser of such Residential Lot upon transfer of fee title thereto, the Community Board shall have the right to record the transfer upon the books of the Community Association. The Community Association will levy a transfer fee against new Owners in the amount of the actual costs incurred by the Community Association to change its records and their Residential Lots in order to reimburse the Community Association for the costs of transferring the memberships to the new Owners on the records of the Community Association. 3.3 Classes of Voting Membership. The Community Association shall have three (3) classes of voting membership which are described below. The voting rights described in Section 3.3.1 and 3.3.2 below shall constitute the Voting Power of the Community Association. 3.3.1 Class A Membership. Class A Members shall originally be all Owners of Residential Lots with the exception of Declarant and the Merchant Builders, for so long as there exists a Class B membership. Upon termination of the Class B membership, Declarant and Merchant Builders shall be Class A Members for so long as they own Residential Lots subject to this Declaration. Each Owner will be entitled to cast one (1) vote for each Residential Lot. La Costa Ridge CG&Rs 27817-15-1926742.9 18 15S23 3.3.2 Class B Membership. The Class B Member shall be the Declarant who shall be entitled to three (3) votes for each Residential Lot owned by Declarant and Merchant Builders in a Phase for which assessments have commenced. Declarant shall cast all votes on behalf of Declarant and any Merchant Builders who have assigned their rights to Declarant. The Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earliest: (a) When one hundred ninety-eight (198) Residential Lots representing seventy-five percent (75%) of the Residences permitted to be developed by the City for the La Costa Ridge Community have been conveyed to Class A Members; (b) On the fifth anniversary following the first close of escrow within a Phase covered by the most recently issued Public Report; (c) On the fifth (5th) anniversary of the first conveyance of a Residential Lot to a Class A Member in the La Costa Ridge Community under authority of a PuWic Report. 3.3.3 Class C Membership. The Class C Member shall be Declarant (whether or not Declarant is an .Owner). The Class C. membership shall not be considered a part of the : Voting Power of the Community Association and Declarant shall not be entitled to exercise any Class C votes except for the purpose of electing a majority of the members of the Community Board pursuant to the provisions set forth below. The Class C Member shall be entitled to solely elect a majority of the members of the Community Board until the date which is the earlier to occur of: (a) When one hundred ninety-eight (198) Residential Lots which represents seventy-five percent (75%) of the Residences permitted to be developed by the City for the La Costa Ridge Community have been conveyed to Class A Members; (b) On the fifth anniversary following the first close of escrow within a Phase covered by the most recently issued Public Report; or (c) On the fifth (5th) anniversary of the first conveyance of a Residential Lot to a Class A Member in the La Costa Ridge Community. 3.4 Declarant's Right to Select Director. In any election of Directors after the Class C membership has been terminated, so long as Declarant owns any of the Annexable Property or a Merchant Builder owns any of the Covered Property, the Community Board shall adopt special procedures to ensure that at least one (1) Community Director is selected by Declarant. A representative to the Community Board selected by the Declarant pursuant to the provisions of this Section may be removed prior to the expiration of his or her term of office only with the consent of Declarant. 3.5 Continuing Approval of Declarant. Notwithstanding the foregoing, and without limiting Declarant's unilateral rights provided elsewhere in this Declaration or the Community Bylaws, even after the termination of Class "B" membership, and until such time as Owners, other than Declarant and Merchant Builders own at least seventy-five percent (75%) of the La Costa Ridge CC&Rs 278(7-15-1926742.9 19 1SS2M Residential Lots within the La Costa Ridge Community, or until the twentieth (20th) anniversary of the first Close of Escrow of a Residential Lot, whichever occurs first, the approval of Declarant shall be required before the Community Association may take any permitted action with respect to the following: 3.5.1 Reduction in the level of, or change in allocation of responsibility for (a) maintenance of and repairs to all or part of any Community Association Property subject to this Declaration, (b) any other maintenance obligations of the Community Association set forth in this Declaration, and (c)any responsibilities for maintaining circulation within the La Costa Ridge Community set forth in this Declaration; 3.5.2 Conveyance by the Community Association of all or any part of the Community Association Property; 3.5.3 Alteration in the method of fixing and collecting Assessments or any increase in Assessments beyond the amounts permitted under Section 5.5 of this Declaration; 3.5.4 Modification, enforcement and review procedures of the Architectural Committee or any change in the architectural and landscaping design; 3.5.5 The creation of a Special Benefits Area as provided in this Declaration; 3.5.6 Modifications to Improvements on the Community Association Property or to the level or frequency of maintenance of the Community Association Property; 3.5.7 The obligation to provide Declarant with inspection reports; 3.5.8 Reduction or modification of any easement or other rights reserved to Declarant or any Merchant Builders under this Declaration; 3.5.9 Alteration in the method of enforcing the provisions of this Declaration; and 3.5.10 Amendments to this Declaration or the Community Governing Documents which would diminish or otherwise affect Declarant's or any Merchant Builder's right of approval regarding the actions enumerated above. 3.6 Special Benefit Area Approvals. Notwithstanding any other provisions of the Community Governing Documents, any action expressly for the benefit of or imposing an obligation only upon a Special Benefit Area or the Owners of Lots within the Special Benefit Area which requires a vote of the Members, shall require the approval of the prescribed percentage of the class or classes of Members or the approval of Members of only those Owners within the Special Benefit Area, except as otherwise provided in Section 5.4.5 of this Declaration. 3.7 Commencement of Voting Rights. An Owner's right to vote, including Declarant or a Merchant Builder, shall not vest until Assessments have been levied upon such Owner's Residential Lot as provided in this Declaration. All voting rights shall be subject to the La Costa Ridge CC&Rs 27817-15-1926742.9 20 15625 restrictions and limitations provided for herein and in the Community Governing Documents. Notwithstanding the foregoing, Declarant shall have the right to cast any votes assigned to Declarant by a Merchant Builder. ARTICLE 4 POWERS AND DUTIES OF THE COMMUNITY ASSOCIATION The Community Association will govern the La Costa Ridge Community and as the governing body will have certain powers and duties which are described below. 4.1 Powers of Community Association. The Community Association shall have all the powers of a nonprofit corporation organized under the Nonprofit Mutual Benefit Corporation Law of California subject only to such limitations on the exercise of such powers as are set forth in the Community Articles, the Community Bylaws and this Declaration. It shall have the power to do any lawful thing that may be authorized, required, or permitted to be done by the Community Association under this Declaration, the Community Articles and the Community Bylaws, and to do and perform any act that may be necessary or proper for or incidental to, the exercise of any of the express powers of the Community Association, including, without limitation, the powers; set forth below. If the Community Association as a corporate entity is" dissolved, a non-profit unincorporated association shall forthwith and without further action or notice be formed to succeed to all of the rights and duties of said Community Association hereunder. The affairs of such unincorporated association shall be governed by the Community Bylaws and this Declaration as if they were created for the purpose of governing the affairs of an unincorporated association. 4.1.1 Delegation of Powers; Professional Management. The Community Association acting by and through the Community Board can delegate its powers, duties, and responsibilities to committees or employees, including a professional managing agent ("Manager"), subject to the requirements of the Section of Article 13 entitled "Professional Management." 4.1.2 Right of Entry and Enforcement. Except in the case of emergencies in which case no prior notice need be given, the Community Board or any authorized representative thereof shall have the right, upon forty-eight (48) hours prior notice and during reasonable hours, to enter in or on to the any Residential Lot ^ther than the interior of a Residence) for the purpose of construction, maintenance or emergency repair. Such persons shall not be deemed guilty of trespass by reason of such entry. If the cost of such maintenance or repair relate to Improvements otherwise required to be maintained by the Owner, the costs of such repair shall be assessed against said Owner as an Enforcement Assessment in accordance with the provisions of Article 5 hereof. 4.1.3 Easements and Rights of Way. The Community Association, acting by and through the Community Board, may grant and convey to any third party easements and licenses for use and rights of way in, on, over or under any Community Association Property conveyed or otherwise transferred to said Community Association or under its jurisdiction in accordance with the provisions of this Declaration. La Costa Ridge CC&Ri 27817-15-1926742.9 21 1SG2G 4.1.4 Dedication The Community Association, acting by and through the Community Board, may dedicate any of its property to an appropriate public authority for public use as provided for in this Declaration. 4.1.5 Capital Improvements. The Community Board may, on its own motion or acting on a petition signed by a majority of the Owners, approve the construction, installation or acquisition of a particular capital improvement to the Community Association Property or Common Maintenance Areas, subject to the limitations set forth in Section 4.3.7 of this Declaration. 4.1.6 Enter Into Maintenance. Subsidy Agreements and/or Use Agreements. Notwithstanding any other provisions of this Declaration or the Community Bylaws regarding the term and termination of contracts with Declarant or Merchant Builders for providing services to the Community Association, Declarant (and any Merchant Builder with the written consent of Declarant) may enter into one or more written maintenance agreements with the Community Association under which Declarant (or such Merchant Builder, as the case may be) shall pay all or any portion of the Common Expenses and perform all or any portion of the Community Association's maintenance responsibilities in exchange for a temporary suspension of all or a portion of the Regular Assessments. Each such maintenance agreement shall be for a term and shall be oil such cbriditioris as are approved by the DRE, and may require Owners to reimburse Declarant or any of such Merchant Builders, through the Community Association, for a portion of the costs expended in satisfaction of Common Expenses. The Community Association shall also have the power to enter into agreements for the use of the Community Association Property. 4.1.7 Right of Enforcement and Notice and Hearing. (a) Enforcement Actions. The Community Association, in its own name and on its own behalf, or on behalf of any Owner who consents, shall have the power but not the duty to commence and maintain actions for damages or to restrain and enjoin any actual or threatened breach of any provision of the Community Governing Documents or any resolutions of the Community Board, and to enforce by mandatory injunction, or otherwise, all of these provisions. In addition, the Community Association can temporarily suspend the membership rights and privileges and/or can assess monetary penalties against any Owner or other person entitled to exercise such rights or privileges for any violation of the Community Governing Documents or Community Board resolutions. (b) Notice Requirements. Before a decision to impose such a suspension and/or monetary penalties is reached by the Community Board, at least fifteen (15) days written notice of suspension or imposition of monetary penalties and the reasons therefor must be given to the Owner of such suspension or imposition of a penalty or any such longer period as may be required under California Corporations Code Section 7341 and in accordance with California Civil Code Section 1363. Additionally, before the Community Board decides to impose a suspension of privileges and/or impose a monetary penalty, the aggrieved Owner shall be provided with an opportunity to be heard by the Community Board. (c) Delegation. The Community Board shall have the right to appoint a committee to hear any actions brought against an Owner for a violation of the Community La Costa Ridge CC&Rs 27817-15-1926742.9 22 15G27 Governing Documents, and to take actions on behalf of the Community Board in connection with an enforcement action. 4.1.8 Contract for Goods and Services. The Community Association shall have the power to contract for goods and services for the benefit of the Community Association Property, Common Maintenance Areas, Special Benefit Areas and other portion of the La Costa Ridge Community necessary for the Community Association to perform its duties and obligations hereunder including, without limitation, legal and accounting services necessary or proper in operating the Community Association Property, Common Maintenance Areas and Special Benefit Areas or in enforcing the Community Governing Documents, and performing any of the other Community Association duties or rights, subject to the limitations set forth below. 4.1.9 Litigatioa The Community Association shall have the power, but not the duty, to initiate, defend, settle or intervene in mediation, arbitration, judicial or administrative proceedings on behalf of the Community Association in matters pertaining to (a) the application or enforcement of the Community Governing Documents and (b) damage to the Community Association Property, Common Maintenance Areas and Special Benefit Areas. Any recovery by the Community Association with respect to any damage to or defect in the Community Association Property and Common Maintenance Areas shall be utilized solely for the purpose of paying for the costs of obtaining the recovery and for correcting such Community Association Property and Common Maintenance Areas damage or defect and such proceeds shall be applied (a) first, for the purpose of repairing such defects, (b) second, for replacing Reserve Funds previously utilized by the Community Association to cause such repairs and (c) then to the costs of such litigation. The Community Association and not the individual Members shall have the power to pursue any claims or other actions using the non-adversarial proceedings for construction defects to the Community Association Property or the Common Maintenance Area pursuant to Civil Code Section 895 et. seq. 4.1.10 DRE. The Community Association shall have the power to enter into contracts approved by the DRE. 4.1.11 Telecommunications Contract. Notwithstanding anything in this Declaration to the contrary, the Community Association shall have the power to enter into, accept an assignment of, or otherwise cause the Community Association to comply with the terms and provisions of an exclusive telecommunications services contract ("Telecommunications Contract") with a telecommunications service provider ("Service Provider"), pursuant to which the Service Provider shall serve as the exclusive provider of Telecommunications Services to each Residential Lot in the Covered Property. The Community Board shall only enter into, accept an assignment of, or otherwise cause the Community Association to comply with the terms and provisions of the Telecommunications Contract if the Community Board determines, in its prudent business judgment, that such action is in the best interests of the Community Association. Although not exhaustive, a contract that satisfies the following requirements shall be deemed to be within the best interests of the Community Association. La Costa Ridge CC&Rs 27817-15-1926742.9 23 15628 (a) Initial Term and Extensions. The initial terra of the Telecommunications Contract does not exceed two (2) years, and, if the Telecommunications Contract provides for automatic extensions, the length of each such extension does not exceed five (5) years; (b) Termination. The Telecommunications Contract provides that: (i) at least six (6) months prior to the expiration of either the initial or any extended term of the Telecommunications Contract, the entire membership of the Community Association may, without cause, by a sixty percent (60%) vote, prevent any automatic extension that the Telecommunications Contract may provide for, and thereby allow the Telecommunications Contract to expire, and (ii) at any time, the Community Board may terminate the Telecommunications Contract if, in the sole discretion of the Community Board, the Service Provider fails to provide quality, state-of-the-art Telecommunications Service or the Telecommunications Contract becomes economically obsolete; (c) Fees. The monthly fee charged to the Community Association by the Service Provider for the provision of the Telecommunications Services to all of the Residential Lots represents a discount from the comparable retail fees charged by the Service Provider in the general geographic area in which the Covered Property is located, and, if so, the amount of such discount; •: • (d) Installation of Telecommunications Facilities. The Service Provider is solely responsible for the installation, and the cost thereof, of all of the Telecommunications Facilities necessary to provide Telecommunications Services to each Residential Lot; and (e) Removal of Telecommunications Facilities. The Service Provider has the right to remove the Telecommunications Facilities upon expiration or termination of the Telecommunications Contract. 4.1.12 Claims and Actions. Subject to the provisions of this Declaration, the Community Association shall have the power, but not the duty, to initiate, defend, release, settle or intervene in mediation, arbitration, judicial or administrative proceedings on behalf of the Community Association in matters pertaining to (a) the application or enforcement of this Declaration and (b) damage to the Community Association Property or the Common Maintenance Area; provided, however, that from and after the date which is five (5) years after the date of the first conveyance of a Residential Lot to an Owner under a Public Report within the Covered Property ("Relinquishment Date"), no representative of Declarant on the Board shall vote on the initiation of any claim under California Civil Code Section895 et. seq. Notwithstanding the foregoing, Declarant may relinquish such control at an earlier date, in the sole discretion of Declarant. Declarant shall have no control over the Community Association's ability to decide whether to initiate a claim under such statutory provisions and in the event of such a vote, the affirmative vote of the two non-Declarant representatives on the Community Board shall be binding so long as a quorum of the Community Board is present at any meeting where such vote is taken. The Community Association and not the individual members shall have the power to pursue any claims or other actions using the non-adversarial procedures for La Costa Ridge CC&Rs 27817-IS-1926742.9 24 15623 construction defects in the Community Association Property or the Common Maintenance Area pursuant to Civil Code Section 895 et. seq. 4.2 Duties of the Community Association. In addition to the powers delegated to it by its Community Articles or the Community Bylaws, and without limiting their generality, the Community Association, acting by and through the Community Board, has the obligation to conduct all business affairs of. common interest to all Owners, including without limitation, each of the duties set forth below. 4.2.1 Taxes and Assessments. The Community Association shall have the duty to pay all real and personal property taxes and assessments and all other taxes levied against the Community Association Property, personal property owned by the Community Association or against the Community Association. Such taxes and assessments may be contested by the Community Association; provided, that they are paid or that a bond insuring payment is posted before the sale or the disposition of any property to satisfy the payment of such taxes. 4.2.2 Maintenance of La Costa Ridge Community. The Community Association shall have the duty to accept fee simple and easement title to and to maintain and repair the Community Association Property, Common Maintenance Area and any other portions of the La Costa Ridge Community required to be maintained by the Community Association; pursuant to the provisions of this Declaration or any Supplementary Declaration in a good order and repair, and subject to the provisions of this Declaration and the City Requirements. All of such obligations shall be discharged when and in such manner as the Community Board determines in its judgment to be appropriate, provided that the Community Association shall conform with the requirements of any agreements entered into between Declarant or any Merchant Builder and a Governmental Agency pertaining to the Community Association Property and Common Maintenance Area, including without limitation, any agreements providing for maintenance by the Community Association. 4.2.3 Insurance. The Community Association shall have the duty to obtain, from reputable insurance companies and maintain the insurance described in the Article hereof entitled "Insurance and Condemnation." 4.2.4 Audit. The Community Association shall have the power and duty to permit any Owner, who may be accompanied by an accountant or other consultant, at said Owner's sole expense to audit or inspect the Community Association's books and records; provided that such audit or inspections are made during normal business hours and without unnecessary interference with the operations of the manager or the Community Association. 4.2.5 Community Assessments. The Community Association shall establish, determine, levy, collect and enforce all Assessments and cause to be prepared all budgets and financial statements and establish and maintain a working capital and contingency fund as required by the Community Governing Documents. 4.2.6 Utility Services. The Community Association shall obtain utility services necessary or desirable, for the benefit of the Community Association Property and Common Maintenance Areas including, without limitation, water, gas, electricity, telephone, refuse La Costa Ridge CC&Rs 27817-15-1926742.9 25 1S630 collection, sewage disposal and other services necessary to perform its other obligations under this Declaration. 4.2.7 Architectural Control. The Community Association shall have the duty to promulgate architectural standards and procedures as set forth in the Community Design Standards and appoint the Architectural Committee in connection therewith in accordance with the provisions of Article 6 of this Declaration. 4.2.8 Community Handbook. The Community Association shall adopt, amend, and repeal such rules and regulations as it deems reasonable prior to the close of escrow of the first Residential Lot to an Owner under a Public Report. The Community Handbook shall govern such matters in furtherance of the purposes of the Community Association, including, without limitation, the use of the Community Association Property and Common Maintenance Area; provided, however, that the Community Handbook may not discriminate (except to the extent the Community Handbook addresses special restrictions or procedures which are imposed on Owners within a Special Benefit Area). In the event of any conflict between the Community Handbook and any other provisions of the other Community Governing Documents, the provisions of the Community Handbook shall be superseded by the provisions of the other Community Governing Documents to the extent of any such inconsistency. Notwithstanding the foregoing if any rule set forth in the Community Handbookis deemed to be an Operating Rule; the Association shall comply with the requirements and procedures set forth in Civil Code Section 1357.100 etseq. 4.2.9 Special Benefit Areas Administration. The Community Association shall administer and perform any obligations associated with any Special Benefit Areas created pursuant to this Declaration. 4.2.10 Maintenance Manual The Community Association shall maintain at the offices of the Community Association a copy of the Maintenance Manual provided by the Declarant to the Community Association and shall have the duty to comply with all requirements and follow all maintenance schedules set forth in the Association's Maintenance Manual. 4.2.11 Members' Approval of Certain Actions. In the event that any claim or other actions brought by the Association or other applicable law under California Civil Code Section 895 et. seq.. or other applicable laws, involving allegations of construction defects relating to the Community Association Property or the Common Maintenance Area is not resolved pursuant to the non-adversarial procedures set forth in California Civil Code Sections 910 through 938, and the Community Association shall not initiate a further action or procedure against Declarant under Section 154 or otherwise without first obtaining the consent of the Owners other than Declarant, constituting a quorum of more than a majority of the Owners of the Community Association casting a majority of the votes at a meeting or election of the Community Association conducted in accordance with the provisions of California Corporations Code Sections 7510 et. seq. and 7613. 4.2.12 Use of Proceeds to Repair. If the Community Association receives, on its own behalf or for the benefit of the Owners, any proceeds as a result of any construction defect or other claims brought by the Community Association relating to repair or maintenance of the La Costa Ridge CC&Rs 27817-15-1926742.9 26 15G31 Community Association Property or the Common Maintenance Areas, then the Community Association shall apply such proceeds first for the purpose of making the repairs or replacing reserve funds previously utilized by the Community Association to cause such repairs and then to the costs of such litigation. Any excess proceeds shali be applied as determined by the Community Board, subject to any requirements established by the non-profit mutual benefit laws of the State of California and any other applicable laws. 4.3 Prohibited Activities. Notwithstanding any other provisions of this Declaration or the other Community Governing Documents, the Community Association is expressly prohibited from undertaking or performing any of the following activities, or expending or otherwise utilizing Community Association funds or resources therefor, and the Community Association shall be prohibited from undertaking the following activities. 4.3.1 Property Manager. For so long as Declarant's Class C votes are in effect, the Community Association shall not discontinue the management of the Community Association by a professional, certified or accredited management company. After Declarant's Class C votes are no longer in effect the Community Association shall not discontinue the management of the Community Association by a professional, and certified or accredited management company without the vote of (a) Declarant, so long as Declarant or any Merchant Builder owns any Lot within the Covered Property, or Additional Property7 and (b) a vote of sixty-six and two thirds (66 2/3rds) of the Voting Power of the Community Association. If the Community Association votes to discontinue the management of the Community Association by a certified or accredited professional manager in accordance with the procedures set forth above, then any replacement manager shall have at least five (5) years experience in the management of planned communities and shall have earned accreditation or certification from a professional association management organization such as the Professional Community Association of Managers designation from the Community Association Institute. Nothing contained herein shall limit the Community Association from hiring other employees for the Covered Property. 4.3.2 Offsite Nuisances. The Community Association shall not use any assessments or expend Community Association funds or resources to abate any annoyance or nuisance emanating from outside the physical boundaries of Phases in which Assessments have commenced. 4.3.3 Political Activities or Contributions. The Community Association shall not engage in any federal, state or local political activities or activities intended to influence a governmental action affecting areas outside the boundaries of the Covered Property (e.g., endorsement or support of (a) legislative or administrative actions by a Governmental Age ncy which affect persons or property outside the Covered Property, (b) candidates for elected or appointed office, and (c) initiatives, recall elections or other ballot proposals). The Community Association is prohibited from conducting, sponsoring, participating in or expending funds or resources on any activity, campaign or event, including without limitation any social or political campaign, event or activity, which does not directly and exclusively pertain to any of the powers and duties of the Community Association. 4.3.4 Subassociation or Cost Center. For so long as Declarant has the rights under Sections 3.3.3 and 3.4 of this Declaration, neither the Community Association nor any La Costa Ridge CC&Rs 27817-13-1926742.9 27 1S632 Owner nor any Merchant Builder, without the prior written consent of Declarant, shall (a) form an association (as defined in Section 1351(a) of the California Civil Code) to manage any portion of the Covered Property or (b) create a cost Special Benefits Area or other such device to apportion any Common Expenses of the Community .Association against fewer than all of the Owners and their Lots. 4.3.5 Mortgagee Consents. For so long as Declarant has the voting rights under Sections 3.3.3 and 3.4 of this Declaration, the Community Association may not, without the prior written consent of Declarant, take any action listed in Section 13.4 of the Declaration for which the consent of Owners or First Mortgagees is required. 4.3.6 Reserved Rights of Declarant and Merchant Builders. For so long as Declarant or any Merchant Builder is entitled to exercise any right, or avail itself of any exemption, in Article 12 or elsewhere in this Declaration or the Community Governing Documents, neither the Community Association, nor the Community Board, nor any Owner shall take any action which is inconsistent with, or which would abrogate, any such right or exemption. 4.3.7 Limitations on Authority of Community Board. The Community Board shall not take .my of the .actions listed below except with the vote or written consent of: - (a) a , majority of the Members of each of Class A and Class B during the time the two-class voting structure set forth in Article 3 of this Declaration is in effect; or (b) except with the vote at a meeting of the Community Association or by written ballot without a meeting pursuant to Corporations Code Section 7513 of at least a majority of the Members of the Community Association including at least a majority of Community Association Members other than Declarant after conversion to a single Class A voting membership. (a) Limit on Capital Improvements. The Community Board shall not, without obtaining the consent of the Members as set forth above, incur aggregate expenditures for capital improvements to the Community Association Property or Common Maintenance Areas in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Community Association for that Fiscal Year. (b) Limit on Sales of Community Association Property. The Community Board shall not, without obtaining the consent of the Members as set forth above, sell during any fscal year property of the Community Association having an aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the Community Association for that Fiscal Year. (c) Limit on Third Person Contracts. The Community Board shall not, without obtaining the consent of the Members as set forth above, enter into a contract with a third person (other than a Governmental Agency) wherein the third person will furnish goods or services for the Community Association Property or the Common Maintenance Areas to the Community Association for a term longer than one year with the following exceptions: (i) A contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, U Costa Ridge CC&Rs 27817-15-1926742.9 28 15S33 however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate; (ii) A prepaid casualty and/or liability insurance policy not to exceed three (3) years duration; provided that the policy permits short-rate cancellation by the insured; (iii) Except as otherwise provided in this Declaration, a contract for a term not to exceed three (3) years that is terminable by the Community Association after no longer than one year without cause, penalty or other obligations upon ninety (90) days written notice of termination to the other party; (iv) A Telecommunications Contract under Section 4.1.11 of this Declaration; and (v) Any contract approved by the DRE. 4.3.8 Nonliability. ••-• • ; (a) -: General .Rule; No Person is .liable, to any other Person.Cother than, the Community Association or a party claiming in the name of the Community Association) for injuries or damage resulting from such Person's Official Acts, except to the extent that such injuries or damage result from the Person's willful or malicious misconduct. No Person is liable to the Community Association (or to any party claiming in the name of the Community Association) for injuries or damage resulting from such Person's Official Acts, except to the extent that such injuries or damage result from such Person's negligence or willful or malicious misconduct. The Community Association is not liable for damage to property in the Community Property unless caused by the negligence of the Community Association, the Community Board, the Community Association's officers, or the manager or the manager's staff of the Community Association. (b) Nonliability of Volunteer Community Board Members and Officers. A volunteer Community Board member or volunteer Community Association officer shall not be personally liable to any Person who suffers injury, including bodily injury, emotional distress, wrongful death or property damage or loss as a result of the tortious act or omission of the volunteer officer or Community Board member if all applicable conditions specified in Section 1365.7 of the California Civil Code are met. 4.3.9 Scope of Powers and Standard of Care. (a) General Scope of Powers. Unless a duty to act is imposed on the Community Board, the Architectural Committee or other committees or representatives of the Community Association by this Declaration or law, the Community Board, the Architectural Review Committee and the committees have the right to decide to act or not act. Any decision to not act is not a waiver of the right to act in the future. (b) Business Affairs. This Section applies to Community Board member actions in connection with management, personnel, maintenance and operations, U Costa Ridge CC&Rs 27817-15-1926742.9 29 15S34 insurance, contracts and finances, and Architectural Review Committee member actions. Each Community Board member shall perform his or her duties in good faith, in a manner the Community Board member believes to be in the best interests of the Community Association and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. When performing his or her duties, a Community Board member is entitled to rely on information, opinions, reports or statements, including financial • data prepared or presented by: (i) One or more officers or employees of the Community Association whom the Community Board member believes to be reliable and competent in the matters presented; (ii) Counsel, independent accountants or other Persons as to matters which the Community Board member believes to be within such Person's professional or expert competence; or ! (iii) A committee of the Community Board upon which the Community Board member does not serve, as to matters under its designated authority, which committee .the Community Board member believes to merit confidence, so long as the Community'- Board member acts in good" faith; after reasonable inquiry whert"thevinee^ isH indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. This Section 4.3.9 is intended to be a restatement of the business judgment rule established in applicable law. All modifications and interpretations of the business judgment rule applicable to the Community Association, shall be interpreted to modify and interpret this Section 4.3.9. (c) Community Association Governance. This Section applies to Community Board actions and Architectural Review Committee decisions in connection with interpretation and enforcement of the Declaration, architectural and landscaping control, regulation of uses within the Covered Property, ule making and oversight of committees. Actions taken or decisions made in connection with these matters shall be reasonable, fair and nondiscriminatory. ARTICLE 5 ASSESSMENTS To fund the activities of the Community Association, the Community Association will be collecting various types of assessments. These assessments fund the services which are being provided by the Community Association. By paying assessments which fund the programs and services of the Community Association, all of the Owners within the La Costa Ridge Community are benefited. In addition to the overall assessments which are levied against all Owners, some Owners whose Lots are situated in Special Benefit Areas will pay an additional payment for the services provided to the Special Benefit Areas by the Community Association. U Costa Ridge CG&Rs 27817-15-1926742.9 30 15635 5.1 Creation of Lien and Personal Obligation for Assessments. Declarant and each Merchant Builder, for each Residential Lot owned, covenants, and each Owner of a Residential Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant to pay to the Community Association all assessments levied pursuant to the provisions of this Declaration. All assessments levied herein, together with any Additional Charges, shall (except as otherwise provided in Section 5.4.4 below) be a charge on the land and shall be a continuing lien upon the Residential Lot against which each such 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 attorney's fees, shall also be the personal obligation of the person who was the Owner of the Residential Lot at the time the assessment is due and shall bind his or her heirs, devisees, personal representatives and assigns. The personal obligation for delinquent assessments shall not pass to successors in title of a Residential Lot unless expressly assumed by them; however, the delinquent assessment shall remain a lien on the Residential Lot. No such assumption of personal liability by a successive Owner (including a contract purchaser under an installment land contract) shall relieve any Owner from personal liability for delinquent assessments. If more than one person or entity was the Owner of a Residential Lot, the personal obligation to pay such assessment or installment respecting such Residential Lot shall be both joint and several. 5.2 Maintenance Fundsi of Community 'Associatiori The Community Board shall establish no fewer than (wo (2) separate association maintenance funds accounts ("Community Association Maintenance Funds") into which shall be deposited all monies paid to the Community Association and from which disbursements shall be made, as provided herein, in the Community Association's performance of functions under this Declaration. The Community Association Maintenance Funds may be established as trust accounts at a banking or savings institution and shall include: (a) an operating fund for current expenses ("Operating Fund"), (b) an adequate Reserve Fund ("Reserve Fund") for the deposit of Reserves attributable to Improvements within the Community Association Property or Common Maintenance Areas (which would not reasonably be expected to recur on an annual or more frequent basis), and for payment of deductible amounts for insurance policies which the Community Association obtains as provided in the Article entitled "Insurance and Condemnation", and (c) any other funds which the Community Board may establish to the extent necessary under the Declaration's provisions. Nothing contained herein precludes the establishment of additional Community Association Maintenance Funds by the Community Association, so long as the amounts assessed, deposited into, and disbursed from any such Fund are designated for purposes authorized by this Declaration. 5.3 Purpose of Community Assessments. The Community Assessments levied by the Community Association shall be used exclusively for the purposes and function of the Community Association set forth in this Declaration and Community Governing Documents. Regular Assessments shall be used to satisfy Common Expenses as provided herein and in the Community Bylaws. If the Community Association decides to use or transfer Reserve Funds (as defined below) to pay for litigation, the Community Association must notify its Members of the decision at the next available mailing. Such notice shall provide an explanation of why the litigation is being initiated or defended, why operating funds cannot be used, how and when the Reserve Funds will be replaced, and a proposed budget for the litigation. The notice must state that the Members have a right to review an accounting for the litigation as provided in La Costa Ridge CC&Rs 278(7-15-1926742.9 31 15B3S Section 1365.5 of the California Civil Code which will be available at the Community Association's office. The accounting shall be updated monthly. 5.4 Nature of Assessments. The Community Board shall establish the following Assessments, each of which shall be used only for the purposes specified in this Article. 5.4.1 Regular Assessments. Regular Assessments shall be an annual assessment for Common Expenses fixed and levied by the Community Board based upon the estimated costs of operation of the Community Association in accordance with the budgets prepared pursuant to the provisions of the Community Bylaws, and the accomplishment of its purposes, performance of its duties and the exercise of its powers that benefit the entire Covered Property. The amount and time of payment of Regular Assessments shall be determined as provided for below. Until January 1st of the year immediately following the conveyance of the first Lot to an Owner, the annual maximum Regular Assessment shall not exceed the maximum amount permitted for the Community Association under any Public Report issued for such period by the Department of Real Estate for any Lot then subject to this Declaration. Increases in Regular Assessments shall be subject to the limitations set forth in the Section of this Article entitled "Limitation on Assessments". 5.4:2 Special Assessments. Special Assessments may be levied at any time during any fiscal year if the Regular Assessments prove inadequate for any reason, including nonpayment of any Owner's share thereof. Special Assessments shall be allocated in the same manner as Regular Assessments. Increases in Special Assessments shall be subject to the limitations set forth in the Section of this Article entitled "Limitation on Assessments." 5.4.3 Capital Improvement Assessments. In addition to the Regular Assessments, the Community Association may levy, in any fiscal year, a Capital Improvement Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or replacement (other than due to destruction) of a described Capital Improvement upon the Community Association Property to the extent the same is not covered by the provisions affecting Reconstruction Assessments in the Article hereof entitled "Destruction of Improvements," including the necessary fixtures and personal property related thereto. Capital Improvement Assessments shall be assessed and shall be allocated to Owners in the same manner as Regular Assessments. All amounts collected as Capital Improvement Assessments may only be used for Capital Improvements and shall be deposited by the Community Board in a separate bank account to be held in trust for such purposes. Said funds shall not be commingled with any other funds of the Community Association and shall be deemed a contribution to the capital account of the Community Association by the Members. Increases in Capital Improvements Assessments shall be subject to the limitations set forth in Section 5.5 below. 5.4.4 Enforcement Assessments. The Community Association may levy an Enforcement Assessment against any Owner who causes damage to the Community Association Property and/or Common Maintenance Areas or for bringing an Owner or such Owner's Lot into compliance with the provisions of the Community Governing Documents or any other charge designated an Enforcement Assessment in the Community Governing Documents, together with attorneys' fees, interest and other charges related thereto as provided in this Declaration. If the Community Association undertakes to provide materials or services which benefit individual La Costa Ridge CC&Rs 27817-15-1926742.9 32 1563T Owners, then such Owners in accepting such materials or services agree that the costs thereof shall be an Enforcement Assessment. The Community Board shall have the authority to adopt a reasonable schedule of Enforcement Assessments for any violation of the Community Governing Documents. If, after Notice and Hearing as required by the Community Governing Documents, the Owner fails to cure or continues such violation, the Community Association may impose an additional fine each time the violation is repeated, or not corrected as provided for herein and may assess such Owner and enforce the Enforcement Assessment as herein provided for nonpayment of a Community Assessment. As specified above, a hearing committee may be established by the Community Board to administer the foregoing. Whenever the Community Association performs any service or accomplishes any item of repair or maintenance which is the duty of a Condominium Project Association or an Owner to accomplish, but which has not been accomplished by the Condominium Project Association or Owner, or whenever the Community • Association determines to preempt the performance of a Condominium Project Association or a specific Owner of a given act of maintenance or repair, the Community Association &all specifically charge the cost thereof, together with any financing costs and administrative costs incurred by the Community Association, to the Owner for whom such work was done, or the Condominium Project for which such work was done, as the case may be, and shall include such additional cost as an Enforcement Assessment for such Owners or Condominium Project Association. . 5.4.5 Formation of Special Benefit Areas. In addition to the Custom Lot Special Benefit Areas, the Declarant, prior to the conveyance of a Lot by a Merchant Builder to an Owner under a Public Report, may establish a Special Benefit Area or expand an existing Special Benefit Area by designating the Lots to be included within such Special Benefit Area in a Supplementary Declaration. Subject to the provisions of Sections 3.6 of this Declaration, the Community Association may also establish or expand additional Special Benefit Areas with respect to portions of the Covered Property which directly receive a special benefit from the Community Association for special services provided to such Owners. If any Special Benefit Area is formed or expanded after the Lots to be included within such Special Benefit Area have been conveyed to an Owner under authority of a Public Report, then the approval of a majority of the Owners of the Lots proposed to be included in the Special Benefit Area shall be required. Upon its approval, the Special Benefit Area and Special Benefit Maintenance Area shall be described in a Supplementary Declaration recorded by the Declarant or Community Association, as applicable, as provided in Section 12.4 of this Declaration. From and after the formation of such a Special Benefit Area, it shall be administered by the Community Association in the same manner as all otfier Special Benefit Areas provided for in this Declaration. 5.4.6 Special Services Assessment. The Community Board may establish a Special Services Assessment to reimburse the Community Association for Special Services rendered by the Community Association to an Owner. In the event that the Community Association obtains income directly related to an item which has been assessed as a Special Services Assessment, such income shall be allocated so as to reduce or offset such Special Services Assessment. 5.4.7 Reconstruction Assessments. Reconstruction Assessments may be levied by the Community Board under the conditions and in the manner specified in the Article hereof entitled "Destruction of Improvements." La Costa Ridge CC&Rs 27817-15-1926742.9 33 15638 5.5 Limitation on Assessments. The Community Board shall levy Regular Assessments and Special Assessments sufficient to perform the obligations of the Community Association as provided in the Declaration and Community Bylaws; provided, however, except for assessment increases necessary for emergency situations, and except for Special Assessments imposed to restore funds to the Community Association pursuant to California Civil Code § 1365.5(c) and except as provided in this Section: (a) the Community Board may not increase the Regular Assessments for any fiscal year unless the Community Board has complied with the provisions of California Civil Code § 1365.5 (preparation and distribution of the budget), and (b)the Community Board may not impose a Regular Assessment that is more than twenty percent (20%) greater than the Regular Assessment for the Community Association's preceding fiscal year (whether such percentage is calculated against the General Assessment Component or Special Benefit Area Assessment Components as described in Section 5.7.2 below or the aggregate of both such amounts) but specifically excluding the Technology Assessment, if any, nor may the Community Board impose SpeciaFAlSWsrhents whiclruTuie aggregate exceedTive percent (5%) of the budgeted gross expenses of the Community Association for the fiscal year (whether such percentage is calculated against the Common Expenses of the Community Association or, if the Special Assessment is to be levied only against a Special Benefit Area, to the Common Expenses of a Special Benefit Area), without the approval of Owners casting a majority of the votes of the.Members affected thereby at a meeting or election of the Community Association conducted in accordance with Chapters (commencing with §7510) of Part3 of Division2 of Title I of the California Corporations Code and §7613 of the California Corporations Code at which a quorum was present or participated. Notwithstanding the foregoing, if any such Regular Assessments or Special Assessments include a Special Benefit Area Assessment Component as described in Section 5.7.2 below, and the amount of such increases of Regular Assessments or levy of Special Assessments would not otherwise require the approval of Owners subject only to the General Assessment Component, only the approval of Owners within the applicable Special Benefit Area shall be required for increases to the Regular Assessments or the levy of Special Assessments which only result in the increases described above to the total Regular Assessments or the levy of Special Assessments applicable to the Special Benefit Area except to the extent as may otherwise be required under Section 1366 of the California Civil Code. 5.5.1 Quorum. For purposes of this Section, "quorum" means more than fifty percent (50%) of the Owners. 5.5.2 Emergency Situation. For purposes of this Section, an emergency situation is any one of the following: (a) An extraordinary expense required by an order of a court; (b) An extraordinary expense necessary to repair or maintain the La Costa Ridge Community or any part of it for which the Community Association is responsible where a threat to personal safety in the Community Association is discovered; (c) An extraordinary expense necessary to repair or maintain the La Costa Ridge Community or any part of it for which the Community Association is responsible that could not have been reasonably foreseen by the Community Board in preparing and La Costa Ridge CC&Rs 27817-15-1926742.9 34 15633 distributing the Budget required under the Declaration and Community Bylaws. However, prior to the imposition or collection of an assessment under this Subsection, the Community Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense 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. Any increases authorized under this Section shall not be imposed unless the Community Board has complied with the budgetary requirements set forth in the Community Bylaws with respect to the Fiscal Year for which an assessment is being levied; (d) An extraordinary expense in making the first payment of the earthquake insurance surcharge pursuant to § 5003 of the California Insurance Code. The term "Regular Assessment for the Community 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 or any Merchant Builder. Anything in this Section to the contrary notwithstanding, the limitation on Regular Assessments and Special Assessments shall comply with the laws of the State of California at the time the Regular Assessment or Special Assessment is levied by the Community Association. 5.5.3 Notice to Owners. The Community Association shall provide notice by first class mail to the Owners of any increase in the Regular Assessments or Special Assessments of the Community Association, not less than thirty (30) days and not more than sixty (60) days prior to the increased assessment becoming due and payable. 5.6 Increases in Assessments Based Upon Range of Assessments. Declarant has submitted to the DRE a budget which provides for a range in the amount of the Regular Assessments .over the course of the development of the La Costa Greens Community ("DRE Approved Budget"). Therefore, notwithstanding any limitations contained in this Declaration to the contrary, in the event that the amount of the Regular Assessments is greater than the amounts permitted to be increased by this Declaration without a vote of the Voting Power pursuant to the requirements set forth in Section 5.5 above, then the Community Board, on behalf of the Community Association and without the requirement of prior notice to the Members or a vote of the Members, shall be entitled to increase the maximum Regular Assessment at that time to an amount which is within the range of assessments as approved by the DRE. 5.7 Allocation of Community Assessments to Lots. The Community Assessments shall be allocated to each Residential Lot as to which Community Assessments have commenced as set forth below. 5.7.1 General Assessment Component. The Regular Assessments exclusive of the Common Expenses included within the Special Benefit Area Budget ("General Assessment Component") shall be allocated among the Owners and their respective Residential Lots at a uniform rate among all of the Residential Lots subject to such assessment. Special Assessments, Reconstruction Assessments and Capital Improvement Assessments shall be allocated in the same manner as Regular Assessments. Enforcement Assessments and Special Services Assessments shall be levied directly to the individual Owners in a manner consistent with the provisions of Article 5 of this Declaration, respectively. La Costa Ridge CC&Rs 27817-15-1926742.9 35 15SM0 5.7.2 Special Benefit Area Assessment Component. The portion of the Regular Assessments budgeted exclusively to any particular Special Benefit Area, if any, in the Special Benefit Area Budget ("Special Benefit Area Assessment Component") shall be assessed solely to the Owners of Residential Lots within the applicable Special Benefit Area, at a uniform rate among all the Residential Lots within the Special Benefit Area subject to such assessment, unless a different allocation is set forth in the Special Benefit Area Budget. 5.7.3 Other Community Assessments. Special Assessments, Reconstruction Assessments and Capital Improvement Assessments shall be allocated in the same manner as Regular Assessments. Enforcement Assessments and Special Services Assessments shall be levied directly to the individual Owners in a manner consistent with the provisions of Article 5 of this Declaration, respectively. 5.8 Date of Commencement of Regular Assessments: Due Dates. The Regular Assessments provided for herein shall commence as to all Residential Lots in a Phase subject to this Declaration on the first day of the month following the conveyance of the first Residential Lot within such Phase to an Owner under authority of a Public Report. As to any Additional Property which is thereafter annexed into the Covered Property pursuant to a Supplementary Declaration, the Regular Assessments shall commence as to all Additional Property within such Phase upon the first day of the first month following the closing of the sale of the first Residential Lot in such Phase to an Owner under a Public Report or such earlier date as may be selected by Declarant for the commencement of assessments in such Phase. The first Regular Assessment shall be adjusted according to the number of months remaining in the calendar year. In no event shall any sale or leaseback by Declarant of any Residential Lot in the La Costa Ridge Community being used as a model home, sales office, design center, construction office or similar purpose (collectively, a "Model Home") and which are not occupied by a homeowner cause the commencement of assessments in a Phase for which assessments have not otherwise commenced. Notwithstanding the foregoing, Regular Assessments shall not commence for the Private Owner until the Private Owner Assessment Commencement Date. 5.9 Annual Levy of Regular Assessments. Any Regular Assessments in excess of the amount permitted under the ORE Approved Budget shall be fixed by the Community Board against each Lot at least sixty (60) days in advance of each annual Community Assessment period. Written notice of such Regular Assessment shall be sent to every Owner subject thereto at least forty-five (45) days prior to its effective date. Unless expressly provided otherwise by the Community Board, each Regular Assessment shall be payable in advance, in equal monthly installments or such installments as may be established by the Community Board, the first of which installments shall be due and payable on the first day of the first month of each fiscal year. 5.10 Notice and Assessment Installment Due Dates. A single ten (10) day prior written notice of each Special Assessment, Capital Improvement Assessment or any other Assessment (other than Regular Assessments and Special Services Assessments) shall be given to each Owner. The Community Association 'shall give an initial notice for any Special Services Assessment and thereafter the Special Services Assessment shall be payable concurrently with the Regular Assessment. The due dates for the payment of installments normally shall be the first day of each month unless some other due date is established by the Community Board. Each installment of Regular Assessments, Special Assessments and Capital Improvement La Costa Ridge CC&Rs 27817-15-1926742.9 36 15641 Assessments and any other Assessments levied hereunder shall become delinquent if not paid within fifteen (15) days after its due date. There shall accrue with each delinquent installment a late charge, interest charge to be set by the Community Board and reasonable costs of collection, including attorneys' fees, but which shall not, in any event, exceed the maximum rates permitted under California Civil Code Section 1366. 5.11 Estoppel Certificate. The Community Board on not less than ten (10) days prior written request shall execute, acknowledge and deliver to the party making such request a statement in writing stating whether or not, to the knowledge of the Community Association, a particular Owner is in default as to such Owner's Residential Lot under the provisions of this Declaration and further stating the dates to which installments of assessments, regular or special, have been paid as to such Residential Lot. Any such statement may be relied on by any prospective purchaser or Mortgagee of the Residential Lot, but reliance on such statement may not extend to any default not involving the payment of assessments of which the signer had no actual knowledge. 5.12 Excess Funds. The Community Board may determine that funds remaining in the Operating Fund at the end of a Fiscal Year be retained and used to reduce the following Fiscal Year's Regular Assessments. Upon dissolution of the Community Association incident to the abandonment or termination of the" Covered Property as a planned development, any amounts"'' remaining in any of the Community Association Maintenance Funds shall be distributed to or for the benefit of the Members in the same proportions as such monies were collected from them. 5.13 Collection of Assessments: Liens. 5.13.1 Right to Enforce. The right to collect and enforce Assessments is vested in the Community Board acting for and on behalf of the Community Association. The Community Board or its authorized representative, can enforce the obligations of the Owners to pay Assessments provided for in this Declaration by commencement and maintenance of a suit at law or in equity, or the Community Board may foreclose by judicial proceedings or through the exercise of the power of sale pursuant to Section 5.13.6 enforce the lien rights created. Suit to recover a money judgment for unpaid Assessments together with all other Additional Charges described in Section 5.14 shall be maintainable without foreclosing or waiving the lien rights. Notwithstanding anything else to the contrary herein, except for monetary penalties imposed by the Community Association to reimburse the Community Association for costs incurred by the Community Association in the repair of damage to the Community Association Property or Common Maintenance Areas for which the Member or the Member's guests or Invitees were responsible which may become a lien on the Owner's Residential Lot, a monetary penalty imposed by the Community Association as a disciplinary measure for failure of a Member to comply with the Community Governing Documents or in bringing the Member and his or her Residential Lot into compliance with the Community Governing Documents may not be characterized nor treated as an Assessment which may become a lien against the Member's Residential Lot enforceable by a sale of the interest hereunder. The limitation in the preceding sentence however, does not apply to any Additional Charges. 5.13.2 Notice of Assessment and Foreclosure. The Community Association shall distribute a written notice regarding assessments and foreclosure as set forth in California Civil La Costa Ridge CC&Rs 27817-15-1926742.9 37 1SSM2 Code Section 1365.1 during the sixty (60) day period immediately preceding the beginning of each fiscal year. 5.13.3 Delinquent Assessments. The Community Association shall comply with the requirements of California Civil Code Section 1367.1 when collecting delinquent assessments. The Community Board or its authorized representative must send to the delinquent Owner or Owners, at least thirty (30) days prior to the recordation of a lien against the delinquent Owner's Residential Lot (as set forth in Section 5.13.4), a written notice by certified mail, which notice shall contain all of the information specified in California Civil Code Section 1367.1 ("Initial Notice"). The delinquent Owner may dispute the debt noticed pursuant to the Initial Notice by submitting to the Community Board a written explanation of the reasons for the delinquent Owner's dispute ("Owner Explanation"). The Community Board shall respond to the Owner Explanation in writing to the delinquent Owner within the time frame set forth in California Civil Code Section 1367.1. The delinquent Owner may submit a written request to the Community Board to meet with the Community Board to discuss a payment plan for the debt noticed in the Initial Notice. The Community Board shall meet with the delinquent Owner in executive session within the time frame set forth in California Civil Code Section 1367.1. The Community Association shall provide the Owners the standards for payment plans if any exists. 5; 13.4; Creation of Lien If there is a delinquency in the payment of any assessment or installment on a Residential Lot any amounts that are delinquent, together with the late charge described in California Civil Code Section 1366, interest at the rate permitted in such Section, and all costs that are incurred by the Community Board or its authorized representative in the collection of the amounts, including reasonable attorneys' fees, shall be a lien against such Residential Lot upon the recordation in the Office of the County Recorder of a notice of delinquent assessment ("Notice of Delinquent Assessment") as provided in California Civil Code Section 1367. After its recordation, the Notice of Delinquent Assessment shall be mailed to all Owners of record as provided in California Civil Code Section 1367.1. 5.13.5 Assignment. The Community Association may not voluntarily assign or pledge the Community Association's right to collect payments or assessments, or to enforce or foreclose a lien to a third party except where provided under California Civil Code Section 1367. l(g). 5.13.6 Notice of Default: Foreclosure. The Community Board or its authorized representative can record a notice of default and can cause the Residential Lot with respect to which a notice of default has been recorded to be sold in the same manner as a sale is conducted under California Civil Code Sections 2924, 2924b and 2924c or through judicial foreclosure, and as provided in California Civil Code Section 1367.1. However, as a condition precedent to the holding of any such sale under Section 2924c, appropriate publication shall be made. In connection with any sale under Sectbn 2924c, the Community Board is authorized to appoint its attorney, any officer or director, or any title insurance company authorized to do business in California as trustee for purposes of conducting the sale. The fee of the trustee shall not exceed the amounts prescribed in California Civil Code Sections 2924c and 2924d. If (a) a delinquency is cured before sale, or before completing a judicial foreclosure, or (b) if it is determined that a lien previously recorded against a Residential Lot was recorded in error, the Community Board or its authorized representative, within the time frame set forth in California Civil Code La Costa Ridge CC&Rs 27817-15-1926742,9 38 15G43 Section 1367.1 shall cause to be recorded in the office of the County Recorder a certificate setting forth the satisfaction or rescission of such claim and release of such lien upon payment of actual expenses incurred, including reasonable attorneys' fees by any delinquent Owner. If the lien was satisfied, the Community Association shall provide the delinquent Owner a copy of the Hen release or notice that the delinquent assessment has been satisfied and if the Community Association filed a rescission of the lien, then the Community Association shall provide such Owner with a declaration that the lien filing or recording was in error and a copy of the lien release or notice of rescission. Any payments made on delinquent assessments shall be applied in accordance with California Civil Code Section 1367.1. On becoming delinquent in the payment of any assessments, or installments each delinquent Owner shall be deemed to have absolutely assigned all rent, issues and profits of his or her Residential Lot to the Community Association and shall further be deemed to have consented to the appointment of a receiver (which appointment may, at the election of the Community Association, be enforced by the Community Association through specific performance). The Community Association, acting on behalf of the Owners, shall have the power to bid upon the Residential Lot at foreclosure sale and to acquire, hold, lease, mortgage and convey the Residential Lot and vote as an Owner of the Residential Lot. 5.13.7 Payments Under Protest. Notwithstanding any other provisions set forth in this Sections.!?, the Owners shall have the right to make certain payments under protest and be entitled to alternative dispute resolution as provided in California Civil Code Sections 1366.3 and 1367.1, as provided in this Declaration. 5.13.8 Payment of Assessments. Any payments of sums due under this Article shall first be applied to assessments owed, and only after assessments owed have been paid in full shall the payments be applied to the fees and costs of collections, attorney's fees, late charges or interest. If an Owner requests a receipt after payment of a delinquent assessment, the Community Association shall provide a receipt which sets forth the date of payment and the individual who received such payment. 5.14 Additional Charges. In addition to any other amounts due or any other relief or remedy obtained against an Owner who is delinquent in the payment of any Assessments, each Owner agrees to pay Additional Charges incurred or levied by the Community Board including such additional costs, fees, charges and expenditures as the Community Association may incur or levy in the process of collecting from that Owner monies due and delinquent subject to California Civil Code Section 1366. Additional Charges shall include, but not be limited to, the following; 5.14.1 Attorneys' Fees. Reasonable attorneys' fees and costs incurred in the event an attorney(s) is employed to collect any Assessment or sum due, whether by suit or otherwise; 5.14.2 Late Charges. A late charge in an amount to be fixed by the Community Board in accordance with Civil Code Section 1366, to compensate the Community Association for additional collection costs incurred in the event any Assessment or other sum is not paid when due or within any "grace" period established by law; La Costa Ridge CGtRs 27817-15-1926742.9 39 15GM14 5.14.3 Costs of Suit. Costs of suit and court costs incurred as are allowed by the court; 5.14.4 Interest. Interest to the extent permitted by law; and 5.14.5 Other. Any such other additional costs that the Community Association may incur in the process of collecting delinquent Assessments or sums. 5.15 Waiver of Exemptions. Each Owner, to the extent permitted by law, waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption laws of California in effect at the time any Assessment, or installment becomes delinquent or any lien is imposed. 5.16 Subordination of Lien to First Mortgages. When a Notice of Delinquent Assessment has been recorded, such assessment shall constitute a lien on such delinquent Owner's Residential Lot prior and superior to all other liens, except, (a) all taxes, (b) bonds, assessments and other levies which, by law, would be superior thereto, and (c)any First Mortgage now or hereafter placed upon any Residential Lot subject to assessment. The sale or transfer shall relieve such Residential Lot from lien rights for any Assessments thereafter becoming due. nor from the lien;of any subsequent .Assessment. Where the First Mortgagee\qr , other purchaser of a Residential Lot obtains title to the same as a result of foreclosure (excluding a transfer by a deed in lieu of foreclosure), such acquirer of title, his or her successors and assigns, shall not be liable for the share of the Common Expenses or Assessments by the Community Association chargeable to such Residential Lot which became due prior to the acquisition of title to such Residential Lot by such acquisition, except for a share of such charges or Assessments resulting from a reallocation of such charges or Assessments which are made against all Residential Lots. 5.17 No Offsets. All Assessments shall be payable in the amounts specified by the particular Assessmert and no offsets against such amount shall be permitted for any reasons, including, without limitation, a claim that the Community Association is not properly exercising its duties of maintenance, operation or enforcement. 5.18 Transfer of Covered Property. After transfer or sale of property within the La Costa Oaks Community, the selling Owner or Owners shall not be liable for any Assessment levied on such Owner or Owner's Residential Lot after the date of such transfer of ownership and written notice of such transfer is delivered to the Community Association. The selling Owner shall still be responsible for all Assessments and charges levied on his or her Residential Lot prior to any such transfer. 5.19 Failure to Fix Assessments. The omission by the Community Board to fix the Assessments hereunder before the expiration of any year, for that or the next year, shall not be deemed either a waiver or modification in any respect of the provisions of this Declaration or a release of the Owner from the obligation to pay the Assessments or any installment thereof for that or any subsequent year, but the Assessment fixed for the preceding year shall continue until a new Assessment is fixed. La Costa Ridge CC&Rs 27817-15-1926742,9 40 15BM5 5.20 Personal Liability of Owner. No Member may exempt himself or herself from personal liability for Assessments levied by the Community Association nor release the Lot owned by such Owner from the liens and charges for Assessments by waiver of the use and enjoyment of the Community Association Property or Common Maintenance Areas or by abandonment of such Owner's Residential Lot. 5.21 Exempt Covered Property. Community Association Property and all Covered Property dedicated to and accepted by a local public authority, and all Covered Property owned by a charitable nonprofit organization exempt from taxation by the laws of the State of California, shall be exempt from assessments by the Community Association. However, no land or improvements devoted to dwelling use shall be exempt from assessments by the Community Association. 5.22 Capitalization of Community Association Upon the Close of Escrow of a Residential Lot, each Owner shall contribute to the capital of the Community Association an amount equal to One Hundred Dollars (SI00.00). Notwithstanding the foregoing, the Community Association, with the prior written consent of the Declarant, may elect to terminate the collection of the capital contributions, and in such case, any Owner who has previously paid a capital contribution shall NOT be entitled to any offsets to the Owner's assessments which have-beeri''previously paid. The capital contribution shall4be deposited by the Owner into the ! purchase and sale escrow and disbursed from the escrow to the Community Association. Amounts paid pursuant to this Section shall not be considered as advance payments of Assessments and are in addition to and not in lieu of Regular Assessments and Special Assessments of the Community Association. The provisions set forth above shall not apply to the conveyance of a Residential Lot to a Merchant Builder by Declarant. ARTICLE 6 ARCHITECTURAL CONTROL To maintain the architectural harmony of the La Costa Ridge Community, the Community Board will appoint an Architectural Committee which will be charged with the responsibility for ensuring the overall architectural integrity of the La Costa Ridge Community. One of the functions of the Architectural Committee will be to implement design standards for the La Costa Ridge and to implement procedures for review of architectural plans. These standards and procedures will be set forth in the La Costa Ridge Community Design Standards. Additionally, the Architectural Committee will review the plans of each Owner for the installation of Improvements within the Covered Property and may take such actions as it deems necessary to ensure compliance with the standards of the Community Design Standards. 6.1 Architectural Committee. The Architectural Committee shall be a committee of three (3) persons. All members of the Architectural Committee may be appointed and replaced by Declarant until the earlier to occur of (a) the date that 238 of the Residential Lots proposed for the overall La Costa Ridge Community have been conveyed to Class A Members; or (b) on the fifth (5th) anniversary following the most recent conveyance to a Class A Member of a Residential Lot in any Phase under authority of a Public Report. Thereafter, all members of the Architectural Committee shall be appointed or replaced by the Community Board. Architectural La Costa Ridge CC&Rs 27817-15-1926742.9 41 15SMG Committee members appointed by Declarant need not be Members of the Community Association. 6.1.1 Resignations. Any member or alternate member of the Architectural Committee may at any time resign from the Architectural Committee upon written notice delivered to Declarant or to the Community Board, whichever then has the right to appoint Architectural Committee members. 6.1.2 Vacancies. Vacancies on the Architectural Committee, however caused, shall be filled by the Declarant or the Community Board, whichever then has the power to appoint Architectural Committee members. 6.2 Scope. No Improvements shall be commenced, erected or maintained upon the Covered Property, nor shall there be any addition to or change in the exterior of any Residence, structure or other Improvement, unless plans and specifications, therefor, showing the nature, design, kind, shape, height, width, color, material and location and any other information . prescribed by the Community Design Standards (collectively, "Plans and Specifications") have been submitted to and approved by the Architectural Committee in accordance with the procedures set forth in the Community Design Standards. The provisions of this Article shall preempt arid'supersede any inconsistent provision of any rules or restrictions; pf any Condominium Project Association to the extent that any Condominium Project Declaration or any other governing documents for a Condominium Project are in conflict with the provisions of this Declaration. 6.3 Exemptions. The exemptions described below are hereby granted and the provisions of this Article shall not apply to the parties described below. 6.3.1 Declarant Exemption, The provisions of this Article 6 shall not apply to Declarant or to any Improvements erected or installed by the Declarant within the La Costa Ridge Community. 6.3.2 Merchant Builder Exemption. The provisions of this Article 6 shall not apply to Merchant Builder or to any Improvements erected or installed by the Merchant Builder within the La Costa Ridge Community. 6.4 Duties. It shall be the duty of the Architectural Committee to consider and act upon such proposals or plans submitted to it pursuant to the Community Design Standards, to foster the maintenance of and ensure compliance with the architectural standards for the La Costa Ridge Community, to administer the Community Design Handbook, to perform other duties delegated to it by the Community Association, to ensure that any Improvements constructed within the Covered Property conform to plans approved by the Architectural Committee, and to carry out all other duties imposed upon it by the Community Governing Documents. The Architectural Committee, in its own name or on behalf of the Community Association, may exercise all available legal and equitable remedies to prevent or remove any unauthorized and unapproved construction of Improvements within the Covered Property or any portion thereof. Notwithstanding the foregoing, the Architectural Committee may delegate its plan review responsibilities to one or more members of the Architectural Committee or to any La Costa Ridge CC&Rs 27817-15-1926742.9 42 1564? other individuals or consultants deemed acceptable to the Architectural Committee. Upon such delegation, the approval or disapproval of plans and specifications by such persons shall be equivalent to approval or disapproval by the entire Architectural Committee. Unless any such procedures regarding submission of plans are complied with, such Plans and Specifications shall be deemed not submitted. 6.5 Community Design Standards. The Community Board shall adopt and promulgate the Community Design Standards to be administered through the Architectural Committee prior to the first close of escrow of a Residential Lot to an Owner under a Public Report. The Community Design Standards shall establish a plan for the architectural standards of the La Costa Ridge Community and shall establish guidelines and procedures to be followed by each Owner, including the procedures for submission of plans and specifications. The failure of the Community Board to include any particular standards or guidelines in the Community Design Standards shall not limit the right of the Architectural Committee to enforce standards to protect the overall theme and development of the Covered Property. The Community Design Standards shall set forth time limitations for the completion of any Improvements for which approval is required. The Community Design Standards may include such other limitations and restrictions as the Community Board in its reasonable discretion shall adopt including, without limitation, regulations of the following: construction, reconstruction, exterior addition, change or alteration to or the maintenance of any building, structure, wall or fence and conversions of garages, including, without limitation, the nature, kind, shape, height, materials, exterior color and surface and location of any Residence, or other Improvements of any kind. 6.6 Address. The address of the Architectural Committee shall be the principal office of the Community Association or any other place as may be designated by the Community Board pursuant to the Community Bylaws. Such address shall be the place for the submittal of plans and specifications and the place where the current Community Design Standards, if any, shall be kept. 6.7 Fees. The Community Board may establish fees for the review and approval of any plans initially submitted and/or resubmitted by an Owner. A schedule of such fees shall be included in the Community Design Standards. 6.8 Meetings. The Architectural Committee shall meet from time to time as necessary to properly perform its duties hereunder. Unless otherwise provided for herein, the vote or written consent of a majority of the members of the Architectural Committee shall constitute an act by the Architectural Committee unless the unanimous decision of its members is otherwise required by the Community Governing Documents. The members of the Architectural Committee shall be entitled to reimbursement for reasonable expenses incurred by them in the performance of any Architectural Committee function. 6.9 Approval of Solar Energy Systems. Any Owner proposing to install or use a solar energy system, as defined in Civil Code Section801.5, shall be subject to the same review and approval process as any Owner proposing to construct any Improvements or other actions requiring the approval of the Architectural Committee pursuant to this Declaration. However, only reasonable restrictions on the installation and use of a solar energy system shall be permitted. Reasonable restrictions on a solar energy system are those restrictions which do not La Costa Ridge CC&Rs 27817-15-1926742.9 43 significantly increase the cost of the system or its sufficiency or specified performance, or which allow for an alternative system of comparable costs, efficiency, and energy conservation benefits. 6.10 Waiver. The approval by the Architectural Committee of any plans, drawings or specifications for any work done or proposed, or for any other matter requiring the approval of the Architectural Committee under this Declaration, shall not constitute a waiver of any right to withhold approval of any similar plan, drawing, specification or matter subsequently submitted for approval. 6.11 Government Reflations. In the event there is any conflict between the requirements or actions of the Architectural Committee and the mandatory regulations or ordinances of any governmental entity relating to the Covered Property, the government regulation or ordinance, to the extent that such regulations and ordinances are more restrictive, shall control and the Architectural Committee shall modify its requirements or actions to conform to the government regulation or ordinance; provided, however, that if the governmental rules or regulations are less restrictive, the provisions of this Declaration shall nonetheless apply. The application by an Owner for review and approval by the Architectural Committee of any plans and, specifications or other submittals by such Owner shall in no way be deemed to be satisfaction or compliance with any applicable statute or law, or governmental rule or regulation Or public utility requirement (hereinafter collectively referred to as "Additional Requirements"); provided, however, if the additional requirements are less restrictive than the provisions of this Declaration, the provisions of this Declaration shall nonetheless apply. Although the Community Association has the right to require evidence of City approval of the Improvements as a condition to review of the final Plans and Specifications, nothing contained herein shall impose on the Community Association the duty to obtain evidence of approval by the City of any Improvements as a condition to issuance of final approval or any liability on the Community Association as a result of the failure of the Community Association to request evidence of City approval. 6.12 Waiver. The approval of the Architectural 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 Architectural 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. Although the Architectural 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 or conformance with building or other codes or the requirements of the City. 6.13 Variances. The Architectural Committee may authorize variances from compliance with any of the architectural provisions of this Article 6, 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 La Costa Ridge CC&Rs 27817-15-1926742.9 44 15GM3 signed and acknowledged by at least a majority of the members of the Architectural Committee. The granting of such a variance shall not operate to waive any of the terms and provisions of this Article 6 for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in anyway the Owner's obligation to comply with all laws and regulations of any Governmental Agency affecting the use of such Owner's Residential Lot, including without limitation, zoning and building requirements of any Governmental Agency having jurisdiction over the Residential Lot. No variance shall be authorized from the Community Design Standards adopted by the Architectural Committee, except with the majority vote of all members of the Architectural Committee. 6.14 Liability. Neither the Community Board nor the Architectural Committee nor any member thereof shall be liable to the Community Association or to any Owner for any damage, loss or prejudice suffered or claimed on account of: (a) the approval or disapproval of any plans, drawings and specifications, whether or not defective; (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; or (c)the execution and filing of an estoppel certificate pursuant to this Article 6, whether or not the facts therein are correct; provided, however, that such Community Board and Architectural Committee member has acted in good faith on the basis of such information as may be possessed by him. Without in any way limiting the generality of the foregoing, the Architectural Committee or any member thereof, may, but is not required to, consult with or hear the views of the Community Association or any Owner with respect to any plans, drawings, specifications or any other proposal submitted to the Architectural Committee. 6.15 Estoppel Certificate. Within thirty (30) days after written request is delivered to the Community Board by any Owner, and upon payment to the Community Association of a reasonable fee (as fixed from time to time by the Community Association), the Community Board shall deliver an estoppel certificate to the requesting Owner, executed by any two (2) of its members, certifying (with respect to any Residential Lot of said Owner) that as of the date thereof, either: (a) all Improvements made and other work completed by said Owner comply with this Declaration, or (b) such Improvements or work do not so comply, in which event the certificate shall also identify the non-complying Improvements or work and set forth with particularity the basis of such non-compliance. Any purchaser from the Owner, or from anyone deriving any interest from such Owner, shall be entitled to rely on said certificate with respect to the matters therein set forth, such matters being conclusive as between the Community Association, Declarant and all Owners and such persons deriving any interest through them. 6.16 Interpretation. All questions of interpretation or construction of any of the terms or conditions herein shall be resolved by the Architectural Committee, or if upon appeal, by the Community Board and its decision shall be final, binding and conclusive on all of the parties affected unless such decision is appealed, in which case the decision of the Community Board shall be final, binding and conclusive on all of the parties affected. 6.17 Amendments. Notwithstanding the Article hereof entitled "Amendments," no amendment, verification or rescission of this Article may be had, nor shall Declarant, or any successor thereof, be prohibited from completing the construction of the La Costa Ridge Community prior to the conveyance by Declarant, or its successor, of the last Residential Lot without the (i) written consent of Declarant, and the (ii) recording of such consent in the Office La Costa Ridge CC&Rs 27817-15-1926742.9 45 15G50 of the County Recorder. Such written consent shall not be required after the conveyance by Declarant and any Merchant Builders of all the Residential Lots within the Covered Property. ARTICLE 7 USE RESTRICTIONS Living in a master planned community has the benefit of providing a sense of community and governance for the benefit of all the Chvners within the La Costa Ridge Community. To ensure the continued value and enjoyment of the La Costa Ridge Community, there are also use restrictions which govern each Owner within the Community. While the use restrictions may limit the rights to perform certain activities -within the La Costa Ridge Community, the use restrictions also help to protect the overall La Costa Ridge Community and thereby may provide a benefit to the Owners and their occupants. 7.1 Residential Use. All Residential Lots within the Covered Property 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 his or her Residential Lot by means of a written lease or rental-agreement. Na lease shall be for a term of less than thirty (30) days. No Residential 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 Residential 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 or the Merchant Builders. The provisions of this Section shall not preclude professional or administrative occupations without external evidence thereof, for so long as such occupations (i) are conducted in conformance with all applicable governmental ordinances, (ii) are merely incidental to the use of the Residential Lot as a residence, (iii) the patrons or clientele of such professional or administrative occupation do not regularly visit or conduct business on the Residential Lot and (iv) the conduct of the business does not result in the regular parking of business vehicles in the streets adjacent to the Covered Property. In addition, home childcare facilities shall be permitted only to the extent they are operated in accordance with applicable law, including without limitation, zoning requirements and licensing regulations. 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 Covered Property, 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 Covered Property or to any Owner or 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 Covered Property not improved as a street, driveway or parking area. Outdoor lighting on a Residential Lot shall be hooded and shaded and La Cosia Ridge CC&Rs 27817-15-1926742.9 46 15651 adjusted so the light falls only on the Residential Lot on which the lighting is located and does not fall or reflect on other Residential Lots or public rights of way. 7.3 Air Conditioning Fixtures. No wiring or air conditioning fixture, water softeners or other devices (other than solar heating devices approved by the Architectural Committee) 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). 7.4 Utilities. AH utility, storage'areas or structures and pool and spa equipment installed or constructed after the conveyance of a Residential Lot to an Owner by Declarant or a Merchant Builder must be (i) completely concealed from the view of any other Residential 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 Residential Lot. 7.4.1 Accessory Structures. Patios and accessory structures may be allowed if they are in conformance with the City's Zoning Ordinances Section21.10.050(l)(d)(i),(ii), (iii) and (iv) and Section 21.10.050(2) and approved by the Architectural Committee. 7.5 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 or the Merchant Builder. 7.6" Antennae and Satellite Dishes. No person may install on the exterior of any Residence or in a yard any antenna or over-the-air receiving device except for an "Authorized Antenna." An Authorized Antenna is (i) an antenna designed to receive direct broadcast satellite service, including direct-to-home satellite service, that is one meter or less in diameter, or (ii) an antenna designed to receive video programming service, including multichannel multipoint distribution service, instructional television fixed service, and local multipoint distribution service, and is one meter or less in diameter or diagonal measurement, (iii) an antenna designed to receive television broadcast signals, or (iv)an antenna used to receive and transmit fixed wireless signals. 7.6.1 Restriction on Installation The Community Board may adopt reasonable restrictions on installation and use of an Authorized Antenna as part of its Community Design Standards Guidelines in order to minimize visibility of the Authorized Antenna from other Residential Lots. Such restrictions may designate one or more preferred installation locations, or requires camouflage such as paint (subject to the antenna manufacturer's recommendations) or screening vegetation or other Improvements. However, no restriction imposed by the Community Board may (i) unreasonably delay or prevent the installation, maintenance or use of an Authorized Antenna, (ii) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (iii) preclude acceptable quality reception. 7.6.2 Prohibition on Installation The Community Board may prohibit the installation of ah Authorized Antenna in a particular location if, in the Community Board's opinion, the installation, location or maintenance of such Authorized Antenna unreasonably affects the safety of the Owners or any other Person, or for any other safety-related reason La Costa Ridge CC&Rs 27817-15-1926742.9 47 15652 established by the Community Board. The Community Board may also prohibit an Owner from installing an Authorized Antenna on any real property which such Owner does not own or is not entitled to exclusively use or control under this Declaration. The Community Board also has the power to prohibit or restrict the installation of any antenna or other over-the-air receiving device that does not meet the definition of an Authorized Antenna above. 7.6.3 Review after Installation. The Community Board may review the location and installation of an Authorized Antenna after it is installed. After its review, the Community Board may require that the Authorized Antenna be moved to a preferred location (if one has been designated) for safety reasons or to comply with reasonable restrictions subject to this Section and applicable law. 7.6.4 Restatement of Applicable Law. Notwithstanding the provisions of this Section, the Community Board shall not impose or enforce any restrictions upon television or video antennae, including satellite dishes, that are inconsistent with the provisions of 47 U.S.C. Section207 or the regulations promulgated thereunder. This Section is intended to be a restatement of the authority granted to the Community Board under the law. All amendments, modifications, restatements and interpretations of the law applicable to the installation, use or maintenance of an antenna or other over-the-air receiving device shall be interpreted to amend, modify,-restate or interpret this Section. ••• ''•••:-"':; - ""-"-, ; . . •-:,-;>•.&: -'*-i:W- 7.7 Exterior Maintenance and Repair; Owner's Obligations. No Improvement within a Residential 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 Residential Lot. 7.8 Drainage. There shall be no interference with the established drainage pattern over any Residential Lot so as to affect any other portion of the Covered Property, unless an adequate alternative provision is made for proper drainage and it is in accordance with all applicable governmental codes and ordinances and approved by the Architectural Committee. "Established drainage" is defined as the drainage which exists at the time the overall grading and landscaping of the Covered Property is completed pursuant to grading plans approved by the City. AH drainage facilities located on a Residential Lot shall be maintained by the Owner of the Lot. The finished pad elevation of a Residential Lot shall be at least six (6) inches below the finished floor slab of the Residence on such Residential Lot. Unless otherwise specified in a Supplementary Declaration or under the Final Maps, 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. 7.9 Water and Sewer Systems. No individual water supply system, water softener system or sewage disposal system shall be permitted on Residential 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 Agencies. 7.10 No Hazardous Activities. No activities shall be conducted nor shall any Improvements be constructed on a Lot which are or might be unsafe or hazardous to any person or property. No toxic chemicals or hydrocarbon materials (including gasoline, motor oil, La Cosia Ridge CC&Rs 27817-15 -1026742.9 48 15G53 antifreeze, solvents, paint, paint thinners, wood preservatives or other similar fuids) shall be discharged onto any public or private street or into storm drain or storm water conveyance systems serving the Covered Property. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other chemicals shall be consistent with laws, ordinances, and regulations of all federal, state, County, City and other Governmental Agencies and such use and disposal shall also be in accordance with recommendations prescribed by the manufacturer of the product on the product container. The Community Association may coordinate the use of the City's established program to assist Owners with the removal and proper disposal of toxic and hazardous waste products from the Covered Property. Best Management Practices shall be used to eliminate or reduce surface pollutants when making changes to the landscaping and surface improvements of the Covered Property, 7.11 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 such 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 Residential Lot. The containers shall be exposed to the view of neighboring Residential 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 and outdoor fireplaces contained within receptacles designed therefor which do not create a fire hazard. 7.12 Temporary and Prefabricated Structures. No shed, shack, trailer or any temporary building, improvement or structure shall be placed upon any portion of a Residential Lot without the prior approval of the Architectural Committee. The foregoing excludes construction trailers and other temporary or prefabricated structures or improvements utilized during construction and sales activities by the Declarant or a Merchant Builder. 7.13 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, runnels, mineral or geothermal excavations or shafts be permitted upon the surface of any portion of a Lot. 7.14 View Impairment. There is no representation that any view exists from any Lot. Each Owner, by accepting a deed to a Residential Lot, acknowledges that grading of, construction on or installation of improvements, including landscaping and the growth of landscaping, on other Lots within the Covered Property and on surrounding real property may impair whatever view may exist from the Owner's Residential Lot and each Owner consents to such impairment and waives any claim for view impairment. Each Owner and the Community Association, by accepting a deed to a Lot or any Community Association Property, respectively, acknowledges that any construction or installation by Declarant or a Merchant Builder or by other Owners following Architectural Committee approval as provided in Article 6 hereof may impair the view of such Owner, and each Owner and the Community Association on behalf of the Members hereby consent to such impairment. La Costa Ridge CC&Rs 27817-15-1926742.9 49 15G5M 7.15 Landscaping. Within six (6) months after the close of escrow for the sale of a Residential Lot under a Public Report by a Merchant Builder to a retail purchaser, the Owner shall submit plans for approval of landscaping to the Architectural Committee. Within one (1) year after the close of escrow, for sale of a Residential Lot under a Public Report by a Merchant Buyer the Owners shall install and shall thereafter maintain plants, shrubs, trees and any other appropriate landscaping improvements, pursuant to plans and specifications approved by the Architectural Committee, on the Residential Lot. No plants or seeds infected with insects or plant diseases, shall be brought upon, grown or maintained upon any Residential Lot. If any Owner fails to install or maintain landscaping in conformance with the Community Design Standards or allows his or her landscaping to deteriorate to a dangerous, unsafe, unsightly or unattractive condition, the Community Board, 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 Community Board for the cost thereof. Each Owner whose Residential Lot is located within a Habitat Preserve Adjacent Area shall also comply with the requirements of Section 7.30 regarding the plant species that may be planted in a Habitat Preserve Adjacent Area. 7.16 Parking and Vehicular Restrictions. None of the following (collectively "Prohibited Vehicles")"shall be parked, stored or Kept oh afiy street within the Covered Property: ^ - ;-^ --.,;. any large commercial type vehicle (including without limitation, any dump truck, cement mixer truck, oil or gas truck or delivery truck); any recreational vehicle (including without limitation, 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, except that the foregoing shall not restrict any recreational vehicles permitted to be parked in the Recreational Vehicle Storage Area. No Prohibited Vehicle shall be parked, stored or kept on any Residential 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. Vehicles owned, operated or within the control of an Owner, or of a resident of the Owner's Residential Lot, shall be parked in the garage. Garages shall be used only for parking authorized vehicles, and shall not be used for storage, living or business purposes, or any other purpose which prevents the storage of the number of vehicles for which the garage was assigned; provided, however, if the Lot contains a three (3) or more car garage, one parking space within the garage may be used for storage or may be converted for living purposes if approved by the City and the Architectural Committee. Garage doors shall be kept closed at all times, except as reasonably required for ingress to and egress from the interiors of the garages. 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 Covered Property, except wholly within an enclosed garage; provided, however, that such activity is not undertaken as a business, and provided further that such activity is prohibited entirely if it constitutes a nuisance. Any repair which continues for a period exceeding sixty (60) days in any one (I) year period shall be deemed a storage. These restrictions shall not be interpreted in such a manner so as to permit any activity which would be La Costa Ridge CC&Rs 27817-15-1926742.9 50 15G55 contrary to any ordinance of the City or other Governmental Agency having jurisdiction over the Covered Property. 7.17 Further Subdivision No Residential Lot may be further subdivided (including division into time-share estates or time-share uses) without the prior written approval of the Community Board; provided, however, that nothing in this Section shall be deemed to prevent an Owner, including Declarant and the Merchant Builders, from selling a Residential 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, or leasing or renting by any Owner of all of his or her Residential Lot by means of a written lease or rental agreement, or adjusting the boundary of a Residential Lot by boundary adjustment or parcel map. 7.18 Animals. No animals, fowl, poultry, fish, reptiles or insects of any kind ("animals") shall be raised, bred or kept on any Residential Lot, except that a reasonable number of birds, fish, dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose, nor in unreasonable quantities nor in violation of any applicable law or ordinance. No animal shall be maintained in any Residential Lot which constitutes a nuisance to other Owners of Residential Lots. Animals belonging to Owners, occupants or their licensees, tenants or invitees must be either kept within the enclosure, an enclosed-yardv of^bn 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 Invitees, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Covered Property by an Owner or by such Owner's Invitees and it shall be the duty and responsibility of each Owner to clean up after such animals which have used any portion of the Covered Property. Notwithstanding the foregoing, the Community Handbook may further limit or restrict the keeping of such pets. The Community Board shall specifically have the power to prohibit the keeping or maintenance of any animal, which, in the opinion of the. Community Board, after Notice and Hearing, is deemed by the Community Board to constitute a nuisance to any other Owner in the sole and exclusive opinion of the Community Board. 7.19 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 Covered Property, except (i) such signs, flags, poles and banners (regardless of size or configuration) as may be used by Declarant or the Merchant Builders in connection with the development of the Covered Property and the sale, lease or other disposition of Residential Lots, (ii) entry monuments and similar community identification signs, and (iii) one sign on each Residential Lot advertising the Residential Lot for sale or lease in conformance with the Community Design Standards and any ordinances of the City. All signs shall conform to the sign ordinances of the City, and shall when required by City Ordinance be reviewed and approved by the Planning Director of the City prior to installation. 7.20 Trees. All trees, hedges and other plant materials shall be trimmed by the Owner of the Residential Lot upon which they are located so they do not create a nuisance, which determination shall be within the sole judgment of the Community Board. Before planting any trees, the proposed location of the trees shall be approved in writing by the Architectural Committee, except that this restriction shall not apply to any trees planted by Declarant or a Merchant Builder on a Residential Lot. Any replacement of trees and hedges planted by Declarant or a Merchant Builder may only be replaced with the same tree or hedge, unless the La Costa Ridge CC&Rs 27817-15-1926742.9 51 1565G Owner demonstrates to the Architectural Committee that the original tree or hedge is not suitable for such location due to its size or due to its susceptibility to disease. Each Owner whose Residential Lot is located within a Habitat Preserve Adjacent Area shall also comply with the requirements of Section 7.30 regarding the plant species that may be planted in a Habitat Preserve Adjacent Area. 7.21 Slope Control Use and Maintenance. Each Owner will keep, maintain, water, plant and replant all slope banks located on the Owner's Residential Lot (other than slopes within the Common Maintenance Area or any other areas designated for maintenance by others in a Supplementary Declaration) to prevent erosion, control brush in accordance with the requirements of the City and to create an attractive appearance. It shall be the duty of all Owners to conduct all construction and installation of improvements on such slopes in accordance with any guidelines or rules adopted by the Community Board for maintenance of such slopes. Thereafter each Owner shall keep, maintain, water, and replant all slopes in such a manner as to protect the integrity of such Owner's Residential Lot and all adjoining Residential Lots and the structural improvements thereon. No Owner of a Residential Lot upon which any Common Maintenance Area is located shall alter or modify the landscaping, irrigation or other Improvements located within such Common Maintenance Area, and such Owners shall not install Improvements of any kind within such Common Maintenance Area and is only permitted to enter such Cdiiimon Maintenarice Area brily as: is reasonably necessary to maintain, constrict ~ '" or repair Improvements on the portion of such Owner's Residential Lot located adjacent to such Common Maintenance Area if prior approval of the Community Board is obtained. 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. 7.22 Habitat Preserve Areas. Any Owner of a Lot within a Habitat Preserve Adjacent (^50. Area shall comply at all times, with the Habitat Preserve Restrictions. The Community />-^\ dt |? h • Association shall also, at all times comply with the Habitat Preserve Restrictions to the extent they effect the Community Association Property or Common Maintenance Areas. For each Owner's information, educational materials prepared by the Habitat Preserve Manager are attached hereto as Exhibit "E". 7.23 Erosion Control. Prior to installing any landscaping on an Owner's Residential Lot, the Owner shall be responsible for ensuring that there is no runoff from the Owner's Residential Lot and the Owner shall be required to take such action as may be reasonably necessary to prevent any runoff, including, if required by the City or any Governmental Agency, installing landscaping in advance of the time periods set forth in Section 7.15. During landscaping of an Owner's Residential Lot, landscaping and construction materials must be stored only upon the Owner's Residential Lot. Such materials must be properly contained to prevent spillover into the streets or Community Association Property or Common Maintenance Areas or any other areas within the La Costa Ridge Community. Should spillover occur, spilled material must be swept and containerized. Spilled materials shall not be washed into the storm water curb drain inlets. Temporary erosion or sediment control devices (which may include sandbags) may have been installed by Declarant or Merchant Builders during construction of the La Costa Ridge Community. Owners shall not remove any temporary erosion or sediment La Costa. Ridge CC&Rs 27817-15-1926742.9 52 15G5T control devices installed by Declarant until the Owner's Lot is landscaped and the plantings are established. Each Owner is responsible for preventing sediment leaving Owner's Residential Lot. Each Owner shall be liable to the Declarant and any Merchant Builder for any damage resulting from failure to prevent sediment from leaving the Owner's Residential Lot. 7.24 La Costa Ridge Storm Drains and Storm Water. Each Owner and the Community Association acknowledge that water that enters a storm drain flows directly to natural sources of water, including waterways, creeks, drains, rivers, lakes and that erosion has an impact on the environment. Unlike the water in the sewer system in the Residence which is being purchased by an Owner, which flows to wastewater treatment plants, water that enters a storm drain flows directly, without any treatment, to waterways, creeks, streams, rivers, lakes and/or oceans. The National Pollution Discharge Elimination System, the Federal Clean Water Act, and the policies and ordinances of the City in effect as of the date of this Declaration, prohibit discharging anything other than natural rain water into storm drainage systems, including gutters and streets which drain into storm drains. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thirmers, wood preservatives, fertilizers, lawn clippings, yard waste, detergents, pet waste, paints and other such materials and pollutants shall not be discharged into any street, public or private, gutters, or into storm drains or storm water conveyance systems. Owner and the Community Association further acknowledge that the, disposal of such'pollutants and materials into a storm drain system may result in significant penalties and fines and that such Owner may be responsible for any activities by Owner's contractors (e.g., painters, landscapers, etc.) who dispose of such pollutants from an Owner's Lot into a storm drain system. All Owners are required to comply with such restrictions. Owners are encouraged to consult with the City and other Governmental Agencies concerning the proper disposal of any toxic or hazardous materials. Dumping any such materials into sewers, gutters or storm drains is prohibited by this Declaration and against the law. 7.24.1 Storm Water Pollution Prevention Best Management Practices. To comply with the requirements of the City and other governing jurisdiction in connection with the storm water pollution prevention best management practices, each Owner and the Community Association agrees that it will, at all times, maintain all Improvements and erosion control devices located within a Lot owned by such Owner or the Community Association, in a clean and safe condition, free and clear of any and all debris. All landscaping shall be maintained by an Owner (including the Community Association as to Lots or easements maintained by the Community Association) in a manner that will prevent soil erosion and minimize sediment transport. To the extent that the Declarant or any Merchant Builder has installed any erosion protection devices (e.g., sandbags) an Owner (including the Community Association) shall not remove such devices unless and until all landscaping has been installed on any Lot, and has been sufficiently grown so as to prevent soil erosion and transport of any sediment. All trash receptacles shall be covered and closed at all times. The Community Association and the Owners shall comply with all applicable Best Management Practices ("BMP") and perform all maintenance that may be imposed by any water quality management plan that may affect the Property. The costs of the Community Association's portion of such maintenance, if any, shall be treated as Common Expenses. 7.24.2 Liability to Declarant. So long as Declarant or any Merchant Builder owns any Lot within the La Costa Ridge Community, if an Owner or the Community U Costa Ridge CC&Rs 27817-15-1926742.9 53 15G58 Association is not in compliance with the provisions of this Section and as a result, Declarant or a Merchant Builder incur any liability, Declarant or the Merchant Builder shall have the right but not the obligation to enter upon the Lot to correct such violation. Any Owner who violates the requirements of this Section shall indemnify, protect, defend and hold Declarant and the applicable Merchant Builder and the Declarant's and Merchant Builder's officers, directors, successors and assigns entirely free and harmless from and against any liabilities, penalties, costs, expenses and actions, including, without limitation, attorneys' fees and costs arising from or attributed to a violation of the provisions of this Section and shall, within fifteen (15) days after request from Declarant and/or the Merchant Builder, reimburse Declarant and/or the Merchant Builder for any costs and expenses incurred by Declarant and/or the Merchant Builder in correcting any violation by any Owner or the Community Association of this Section. 7.25 Fire Suppression Zones. Certain Residential Lots in the La Costa Ridge Community are included within the Fire Suppression Zones, for which there are certain guidelines and regulations with respect to the use and maintenance thereof by the Owners, imposed by the City and other Governmental Agencies. Each Owner whose Residential Lot is within a Fire Suppression Zones shall be required to comply with the requirements imposed by the City, including without limitation, Section4.7.9 of the Master Plan for the Villages of La Costa and any other applicable guidelines or regulations as may be adopted by the City, the County, or other Governmental Agency from time to time. By accepting a deed to a Residential ' Lot in the La Costa Oaks Community, each Owner acknowledges that there may be restrictions on flammable structures, trees or shrubs in the Fire Suppression Zone. Each Owner shall comply with the restrictions on the Fire Suppression Zones set forth on Exhibit "F" attached hereto and incorporated herein and any additional restrictions which may be set forth in a Supplementary Declaration. All Fire Suppression Zones within the Covered Property shall be designated in a Supplementary Declaration. 7.26 Window Coverings. Temporary window coverings ("Temporary Window Coverings") in a design and color that does not conflict with the surrounding Improvements (but excluding aluminum foil, newspapers, or any other contrasting material) shall be permitted for a maximum period of sixty (60) days from the date that a Residential Lot is conveyed to an Owner by Declarant or a Merchant Builder. Except as specifically provided above, no Temporary Window Coverings shall be used to cover any door or window of any Residence. All window coverings (including Temporary Window Coverings) shall be of a neutral color harmonious with and not conflict with the color scheme of the exterior wall surface of the Residence on the Residential Lot. 7.27 Exterior Painting. All exterior painting of a Residence shall be subject to the approval of the Architectural Committee, unless the painting is of the same color as the then current color of the exterior of the Residence. &r 7.28 Outdoor Lighting Restrictions. All backyard lighting installed in Residential Lots is&>> « . within the Habitat Preserve Adjacent Areas shall be shielded to prevent any light spill over onto ^ the Habitat Preserve Areas. Shielding can consist of the installation of fixtures that physically direct light away from the Habitat Preserve Adjacent Areas or landscaping berms or other barriers at the edge of the Residential Lots that prevent light over spill into the Habitat Preserve Areas La Costa Ridge CC&Rs 27817-15-1926742.9 54 15653 7.29 Sight Distance Corridors. No structure, fence, wall, tree shrub sign or other object over thirty (30) inches above the street level may be placed or permitted to encroach within the areas identified as a sight distance corridor on the Final Maps as specified in the City Standard Public Street Design Criteria (Section 8.B.3.). No structure, fence, wall tree, street, sign or other object shall be placed or permitted on the Property within the CalTrans comer sight distance corridors as shown on the Final Maps as specified on the City standard public street design criteria Section 8.B.I. Each Owner as to any Residential Lot owned by such Owner and the Community Association as to any Community Association Property and Common Maintenance Area shall comply with these restrictions. 7.30 Plant Species. Neither the Community Association nor any Owner shall plant or use in its landscaping any Invasive Plant Species in any Habitat Preserve Adjacent Areas. The Invasive Plant Species are set forth in Exhibit "G" attached hereto and incorporated herein. 7.31 Perimeter Wall and Fence. In no event can any Owner make any alterations to any Perimeter Wall and Fence or remove or replace any Perimeter Wall and Fence, or modify any Perimeter Wall and Fence in connection with any construction on an Owner's Lot. All alterations, repairs and replacements of the Perimeter Walls and Fences can only be made by the Community Association. 7.32 Open Space Lots. Pursuant to the City Requirements, there shall be no development of Lot Numbers 236, 241, 246, 247 of Map Number 99-04-02, including without limitation fences, walls, decks, storage buildings, pools, spas, stairways and landscaping (other than that approved as part of the grading plan, improvement plan, biological revegetation program or landscaping plan). Such lot numbers and/or legal descriptions of the lots may be modified or supplemented in a Supplementary Declaration. Additionally, the Community Association shall not remove any native vegetation except on written order of the City Fire Department for fire prevention purposes , or upon written approval of the Planning Director based upon a request from the Community Association accompanied by a report from a qualified arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent Residences. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. 7.33 Entry Gates. Declarant and, with the consent of Declarant, a Merchant Builder shall have control over the entry gates which may be situated within the Community Association Property and shall be responsible for the maintenance and repair of the entry gates until all sales of all Residential Lots in the La Costa Ridge Community have been completed or until Declarant, in its sole discretion, determines that the Community Association should take responsibility for control, maintenance and repair of some or all of the entry gates. The Association's obligation shall commence immediately upon the earlier to occur of (a) receipt of written notice from the Declarant or a Merchant Builder identifying the entry gates to be thereafter controlled and maintained by the Association, or (b) the date Declarant and the Merchant Builder has conveyed the last Residence in the Covered Property to a purchaser under a Public Report and thereafter the Community Association shall have control over die entry gates. Notwithstanding who has responsibility for the entry gates, Declarant and the Merchant Builder shall be entitled to have the entry gates remain open during regular business hours in order to conduct sales. The presence of entry gates within the Covered Property is not a La Costa Ridge CC&Rs 27817-15-1926742.9 55 15G60 warranty or representation by Declarant that any security is being provided to any Owner or to any Owner's Residential Lot or personal property. Notwithstanding anything to the contrary set forth in this Declaration, in no event may this provision be modified or amended without the consent of Declarant. 7.34 Indemnification Each Owner shall be liable to the remaining Owners for any damage to the Community Association Property and Common Maintenance Areas that may be sustained by reason of the negligence of that Owner, or the Owner's Invitees. ARTICLE 8 ASSOCIATION PROPERTY. COMMON MAINTENANCE AREA AND MAINTENANCE RESPONSIBILITIES 8.1 Maintenance and Use of Community Association Property. The Community Association shall maintain the Community Association Property and Common Maintenance Areas in a good condition of maintenance and repair reasonably consistent with the level of maintenance reflected in the most current Budget and in accordance with the obligations and schedules for maintenance set forth in the Maintenance Manual. 8.2 Trail System. The Community Association shall maintain the Trail Systems unless the City accepts the dedication of any portion of the Trail Systems, in which case the City shall be responsible for the maintenance of the portions of the Trail System where the dedication was accepted. There is no guarantee that the City will accept and be responsible for the maintenance of all or any portion of the Trail System. 8.3 Compliance with Best Management Practices. Each Owner and the Community Association shall comply with all Best Management Practices. The Community Association shall also comply with all Best Management Practices. 8.4 Common Maintenance Area. The Community Association shall maintain the Common Maintenance Areas in a good condition of maintenance and repair. 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. The obligation of the Community Association to maintain the Common Maintenance Area shall commence in phases as the maintenance obligations for portions of the Common Maintenance Area are assigned to the Community Association by Declarant or are the subject of Common Maintenance Area easements or licenses entered into by Declarant and the Community Association. 8.4.1 Obligation to Maintain Certain Public Areas. Some of the areas which may become subject to Community Association maintenance may include entry monuments, trails, parkways or other improvements in public general utility easement areas or other rights of way, and a Declarant shall have the right to transfer such maintenance and related obligations to the Community Association. For example, a Declarant may enter into "Encroachment Removal Agreements" with the City which provide for maintenance, indemnity, insurance and related obligations. All such obligations shall be automatically transferred to the Community La Costa Ridge CC&Rs 27817-15-1926742.9 56 15GS1 Association at such time as the Community Association becomes obligated to maintain the area. The Community Association will be obligated to maintain a particular public area from and after the date specified by a Declarant in this Community Declaration, a Notice of Declaration of Annexation or other instrument by which such maintenance obligation is transferred to the Community Association. However, maintenance by the Community Association is subject to the City allowing such maintenance. 8.5 Community Association Maintenance. The Community Association shall maintain and provide for the maintenance of all the Community Association Property and Common Maintenance Area and all Improvements thereon, including any trails, in good repair and appearance as set forth in this Declaration and in accordance with the requirements of the City and the Maintenance Manual. The Community Association is obligated to comply with all the maintenance obligations and schedules set forth in the Maintenance Manual provided by Declarant for the Community Association Property and Common Maintenance Areas. The Community Association shall provide landscaping and gardening properly to maintain and periodically replace when necessary the trees, plants, grass and other vegetation placed in the Community Association Property and Common Maintenance Area pursuant to landscape plans approved by the City. The Community Association shall maintain all concrete terrace drains located within the Community Association Property and Common Maintenance Area in good working condition. Unless otherwise specified in a Supplementary Declaration, the Community Association will maintain the cluster mailboxes in the La Costa Ridge Community. All brush on the Community Association Property and Common Maintenance Areas shall be maintained in accordance with the specifications of the City Landscape Guidelines Manual. The Community Association shall have the right to enter onto any Lot (but not within the Residence of any Residential Lot) as may be necessary for the construction, maintenance or emergency repair of the Community Association Property 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. The drainage facilities shall be maintained by the Community 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. Any damage caused to a Lot by entry of the Community Association shall be repaired by the Community Association at its expense. The Community Association shall, retain the services of consultants to periodically review and inspect the Community Association Property and Common Maintenance Area to ensure adequacy of the Community Association's maintenance program. 8.6 Commencement of Maintenance. Notwithstanding any conveyance of Community Association Property to the Community Association, the Community Association's responsibility to maintain the Community Association Property located in any Phase shall not begin until (i) the Community Association Property is completed in accordance with the plans approved by the City and (ii) annual Assessments in such Phase have commenced; except that, if such Phase consists of only Community Association Property, the Community Association's maintenance responsibility therefor shall commence on the later to occur of (a) completion of the Community Association Property in accordance with the plans therefor approved by the City, or (b) the first day of the month immediately following the month in which the deed is recorded conveying such properly to the Community Association. Notwithstanding the foregoing, if the contractors or subcontractors of Declarant or a Merchant Builder are contractually obligated to La Costa Ridge CC&Rs 27817-15-1926742.9 57 15SG2 maintain the landscaping or other Improvements on the Community Association Property, the Community Association shall not interfere with the performance of such warranty or other contractual maintenance obligations. Such maintenance performed by the contractors or subcontractors of Declarant or a Merchant Builder shall not postpone the commencement of Regular Assessments pursuant to this Declaration nor entitle an Owner to claim any offset or reduction in the amount of such Assessments. If the Community Association Property or any other portion of the Community Association Property is dedicated to and accepted for maintenance by a Governmental Agency, then the Community Association may, but need not, maintain the area if the Governmental Agency either fails to maintain the area or elects to cease maintaining the area. 8.7 Storm Water Treatment Obligations. The Community Association shall maintain in good condition and repair all storm water quality treatment facilities located in the Community Association Property and Common Maintenance Areas and within any areas that are subject to any encroachment removal agreements as identified in a Supplementary Declaration. Storm water quality treatment facilities are comprised of flow-based treatment units (mechanical devises) ("Flow Based Units") and volume-based basins (extended detention basins) ("Volume Based Units") (collectively, "Storm Water Treatment Facilities"). Flow-based units shall be inspected periodically by the Community Association to assure their condition to treat anticipated runoff; Soon after installation, the condition; of.the Flow Based Units shalPbe checked after every runoff event for the first 30 days. Proper inspection includes a visual observation to ascertain whether the Flow Based Unit is functioning properly and measuring the amount of deposits in the Flow Based Unit. During the wet season, Flow Based Units shall be inspected at least once every thirty (30) days. Floatables shall be removed and sumps cleaned when the sump storage exceeds eighty-five percent (85%) percent of capacity. The volume based units operational performance are effected by mowing, control of pond vegetation, removal of accumulated bottom sediments, removal of debris from all inflow and outflow structures, unclogging of orifice perforations, etc. Periodic inspections shall be performed by the Community Association following each significant storm. These basins shall be inspected at least twice a year to evaluate facility operation. Grass areas in and around these basins shall be mowed at least twice annually to limit vegetation height to eighteen (18) inches. Accumulated sediment shall be removed from the lower stage of the basin, when the sediment volume exceeds twenty percent (20%) of the accumulations zone or when inlet or outlet structures become impaired. Sediment shall be cleared from the sedimentation chamber at least once every ten (10) years. Maintenance, monitoring and inspection reports for all Storm Water Quality Treatment Facilities shall be the responsibility of the Community Association. All project records for monitoring and reporting in accordance with the Storm Water Pollution Prevention Plan for the La Costa Ridge Community shall be the responsibility of the Community Association. The Community Association may contract with service providers for the maintenance and inspections for the Storm Water Treatment Facilities, however, the filing of reports associated with monitoring and inspections shall be the responsibility of the Community Association. The Community Association shall, on an annual basis, prepare a compliance report, based upon a site inspection, which certifies that the post construction activities for any Storm water Treatment Facilities located within any Community Association Property or Common Maintenance Areas are in compliance with the requirements of the SWPPP. La Costa Ridge CC&Rs 27817-15-1926742.9 58 1S663 8.8 Drainage Facilities. The Community Association shall maintain in good repair and condition all drainage facilities located in the Community Association Property and Common Maintenance Area (to the extent required by the City), including without limitation, vegetated swales, riprap swales, concrete terrace drains, inlets, cleanouts, subsurface drainage pipes, and outlets. 8.9 Repair and Maintenance by Owner. Each Owner shall keep and maintain in good repair and appearance all portions of his or her Residential Lot and Improvements thereon (other than that portion the maintenance of which is the responsibility of the Community Association or a public maintenance assessment district), including without limitation, any fence or wall, concrete terrace drain or drainage swales which is located on the Owner's Lot. The Owner of each Residential Lot shall water, weed, maintain and care for the landscaping located on his or her Residential Lot (other than that portion the maintenance of which is the responsibility of the Community Association or a public maintenance assessment district) 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 Community Association or a public maintenance assessment district in connection with the maintenance of the Community Association Property or Common Maintenance Area. Without limiting the generality of the foregoing, except for the obligations of the Community Association to repair and maintain-any Common Maintenance Area, situated on a Residential Lot every Owner shall perform the maintenance obligations set forth below. 8.9.1 Exterior of Residence. Each Owner shall maintain the exterior of the Owner's Residence and/or other Improvements on such Owner's Residential Lot, including, without limitation, the interior of any walls and fences (and the exterior of any walls and fences, if the exterior is not maintained by another Owner) in good condition and repair and in accordance with the Community Design Standards and all requirements of the City. Landscaping shall be installed and maintained in accordance with the La Costa Ridge maintenance plan or as otherwise approved by the Planning Director for the City. 8.9.2 Landscaping. The Owner of each Residential Lot shall water, weed, . maintain and care for the landscaping located on his or her Residential Lot (other than that portion the maintenance of which is the responsibility of the Community Association or a public maintenance assessment district) so that the same presents a neat and attractive appearance, free from weeds, trash and debris and in accordance with any other standards for maintenance set forth in this Declaration and in accordance with all requirements of the City. 8.9.3 Interior Fencing Between Two Residential Lots. For any fencing which separates two (2) Residential Lots, each Owner shall have the obligation to maintain the interior of the fence and the Owners shall share, on an equitable basis, the cost of replacing such fencing. The Owner of each affected portion of the Covered Property upon which a party wall or fence is located shall have a reciprocal, non-exclusive easement to the Covered Property immediately adjacent to the interior fence for the limited purpose of maintaining the party wall or fence. 8.9.4 Fencing Separating Residential Lots and Community Associations Property. Any Owner whose fencing borders Community Association Property shall maintain the interior of the fencing facing the Owner's Residential Lot and the maintenance of the exterior La Cosia Ridge CC&Rs 27817-15-1926742.9 59 156GM and repair and replacement of the fencing shall be the responsibility of the Community Association. 8.10 Community Association's Right to Repair Neglected Lots. If an Owner of a Residential Lot should fail to maintain such Owner's Residential Lot and Improvements on the Residential Lot in a manner satisfactory to the Community Board, the Community Association, after approval by two-thirds (2/3) vote of the Community Board, shall have the right (but not the obligation) through its agents and employees, to enter onto the Residential Lots solely for the purpose of correcting the violation on the Residential Lot. However, such entry shall be subject to Section 4.1.2 of this Declaration. Entry onto a Residential Lot by the Community Association shall be rrade with as little inconvenience to the Owner as possible and any damage caused by the Community Association shall be repaired by the Community Association. The cost of exterior maintenance shall be added to and become a part of the assessment to which the Lot is subject. There is hereby granted an easement in favor of the Community Association to enter onto each Residential Lot to correct such violations as set forth in this Section. 8.11 Landscape and Irrigation Maintenance. All landscaping by the Community Association must be maintained in accordance with the La Costa Ridge maintenance plan or as otherwise approved by the Planning Director of the City. The Community Association shall employ the .services of a professional landscape architect^ maintenance contractor or other such * professional person to assist the Community Association in performing its duties hereunder. The inspectors shall provide written reports of their inspections to the Declarant and the Community Association promptly following completion thereof. The written reports shall identify any items of maintenance or repair which either require current action by the Community Association or will need further review and analysis. Such written reports shall specifically include a review of all irrigation and drainage systems within the La Costa Ridge Community. The Community Board shall report the contents of such written reports to Declarant (if not already provided by the inspector directly) and to the Members of the Community Association at the next meeting of the Members following receipt of such written reports or as soon thereafter as reasonably practicable and shall include such written reports in the minutes of the Community Association. The Community Board shall promptly cause all matters identified as requiring attention to be maintained, repaired, or otherwise pursued in accordance with prudent business practices and the recommendations of the inspectors. Should such inspection require the inspection of any Residential Lot, there is hereby created a nonexclusive easement in favor of the Community Association, and its officers, agents, employees and independent contractors, to conduct such inspections and to correct any violations of this Declaration of the other Governing Documents by an Owner which entry shall be subject to the provisions of this Declaration. Any damage to any structure, landscaping or other improvements caused by the Community Association, or any of its officers, agents, employees or independent contractors, while performing such maintenance, repair or replacement work shall be repaired by the Community Association at its sole cost and expense. La Costa Ridge CC&Rs 27817-15-1926742.9 60 1SGS5 ARTICLE 9 INSURANCE AND CONDEMNATION // is important that the Community Association maintain insurance. This Article discusses the insurance which the Community Association will be required to maintain and also discuss the obligations of the Owners for insurance. 9.1 Insurance. The Community Association, to the extent available, shall obtain and continue in effect, in its own name, the types of insurance set forth below. 9.1.1 Fire and Extended Coverage Insurance. The Community Association shall keep (i) any Improvements on the Community Association Property 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 personal property owned by the Community Association insured with coverage in the maximum insurable fair market value of personal property as determined annually by an insurance carrier selected by the Community Association. Insurance proceeds for improvements in the Community Association Property and Common Maintenance Area and personal property-owned by the Community Association shall be payable to the Community Association. Insurance proceeds for Improvements in the Community Association Property and/or personal property owned by the Community Association shall be payable to the Community Association. In the event of any loss, damage or destruction to the Community Association Property (excluding Residential Lots), the Community Association shall cause the same to be replaced, repaired or rebuilt in accordance with the provisions of this Declaration. Premiums for all insurance carried by the Community Association are a Common Expense. (a) Description of Policy Coverages. The policy shall cover the following real and personal property: (i) Community Association Property. AH Improvements, if any, within the Community Association Property and Common Maintenance Areas; but excluding land, foundations, excavations, and other items typically excluded from property insurance coverage; and (ii) Landscaping. Lawn, trees, shrubs and plants located in the Community Association Property and Common Maintenance Areas. (b) Covered Cause of Loss. The policy shall provide coverage against losses caused by fire and all other hazards normally covered by a "special form" policy or its equivalent. (c) Primary. The policy shall be primary and noncontributing with any other insurance policy covering the same loss. (d) Endorsements. The policy shall contain such endorsements as the Community Board in its discretion shall elect. La Cosia Ridge CC&Rs 27817-15-1926742.9 61 15GGG (e) Waiver of Subrogation. Except as provided in Section 7.3.4, the Community Association waives all rights of subrogation against the Owners and their Invitees. All insurance policies obtained by the Community Association shall include a waiver of all subrogation rights against any Owner and their Invitees; provided, however, that a failure or inability of the Community Association to obtain such a waiver shall not defeat or impair the waiver of subrogation rights between the Community Association and the Owners and their Invitees set forth herein. 9.1.2 Liability Insurance. The Community Association shall procure and keep in force public liability insurance in the name of the Community Association and the Owners against any liability for personal injury or property damage resulting from any occurrence in or about the Community Association Property or Common Maintenance Area with such minimum limits are set forth in Section 1365.9 of the California Civil Code, insuring against liability for bodily injury, death and property damage arising from the Community Association's activities or with respect to property the Community Association maintains or is required to maintain including, if obtainable, a cross-liability endorsement insuring each insured against liability to each other insured. 9.1.3 Fidelity Bond. The Community Association shall maintain a fidelity bond in .an .amount equal-to ,the;,amount offunds .held by- the Community Association during'the-term::: of the bond but not less than one-fourth (1/4) of the annual Regular Assessments plus reserves, naming the Community Association as obligee and insuring against loss by reason of the acts of the Community Board, officers and employees of the Community Association, and any management agent and its employees, whether or not such persons are compensated for their services. 9.1.4 Worker's Compensation Insurance. The Community Association shall maintain worker's compensation insurance to the extent necessary to comply with all applicable laws of the State of California or the regulations of any governmental body or authority having jurisdiction over the La Costa Ridge Community. 9.1.5 Directors and Officers. The Community Association shall obtain directors and officers insurance to cover the officers and directors of the Community Association against liability for their negligent acts or omissions while acting in their capacity as officers and directors. The limits of such insurance shall not be less than One Million Dollars for all claims arising out of a single occurrence or such other minimum amount which meets the requirements of California Civil Code Section 1365.7. 9.1.6 Other Insurance. The Community Association shall maintain other types of insurance as the Community Board determines to be necessary to fully protect the interests of the Owners. Anything contained herein to the contrary notwithstanding, the Community Association shall maintain such insurance coverage as may be required by the Federal National Mortgage Community 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. 9.2 Copies of Policies. Copies of all insurance policies (or certificates) showing the premiums to have been paid shall be retained by the Community Association and open for La Costa Ridge CC&Rs 27817-15-1926742.9 62 15GG7 inspection by Owners at any reasonable time(s). All insurance policies shall (i) provide that they shall not be cancelable by the insurer without first giving at least ten (10) days' prior notice in writing to the Community Association, and (ii) if obtainable, contain a waiver of subrogation by the insurer(s) against the Community Association, Community Board and Owners. 9.2.1 Insurance to Satisfy Civil Code. Section 1365.7 of the California Civil Code provides for a partial limitation on the liability of volunteer officers and directors of the Community Association, provided that certain requirements, as set forth in the Code Section are satisfied. The requirements include that general liability insurance and officers' and directors' liability insurance be carried by the Community Association in specified amounts. The Community Association shall maintain general liability insurance and officers' and directors' liability insurance in amounts which satisfy the requirements of the California Civil Code Section 1365.7 to limit the liability of volunteer officers and directors of the Community Association. 9.2.2 Reimbursement of Community Associatioa In the event any insurance policy deductible amount relating to an Owner's property loss is charged to the Community Association, the Owner shall reimburse the Community Association upon written demand for the amount charged to the Community Association. 9.3 Review of Insurance. The Community Board shall review the adequacy of all insurance at least once every year. The review shall include a replacement cost appraisal of all insurable Improvements within the Community Association Property without respect to depreciation. The Community Board shall adjust and modify the policies to provide coverage and protection that is customarily carried by and reasonably available to prudent owners of similar property in the area in which the La Costa Ridge Community is situated. 9.4 Individual Insurance. Each Owner shall maintain property insurance against losses to real and personal property located within the Residential Lot, including the Residence and to any upgrades or Improvements to any fixtures or Improvements located within the Residential Lot and liability insurance against any liability resulting from any injury or damage occurring within the Residential Lot. The Community Association's insurance policies will not provide coverage against any of the foregoing. All Owners hereby waive all rights of subrogation against the Community Association, and any insurance maintained by an Owner must contain a waiver of subrogation rights by the insurer as to the Community Association; provided, however, that a failure or inability of an Owner to obtain such a waiver shall not defeat or impair the waiver of subrogation rights between the Owners and the Community Association set forth herein. If any Owner violates this provision and, as a result, there is a diminution in insurance proceeds otherwise payable to the Community Association, the Owner will be liable to the Community Association to the extent of the diminution. The Community Association may levy an Enforcement Assessment against the Owner's Residential Lot to collect the amount of the diminution. 9.5 Condemnation. If the Community Association Property 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 La Costa Ridge CC&Rs 27817-15-1926742.9 63 15SGS exercise the power of eminent domain, then the award or consideration for such taking or transfer shall be paid to and belong to the Community Association. ARTICLE 10 DESTRUCTION OF IMPROVEMENTS The Community Association will have certain obligations if there is damage or destruction to Community Association Property or Common Maintenance Areas. As an Owner, you will also have certain obligations if your Residence or other Improvements are destroyed. This Article describes those obligations and responsibilities. 10.1 Restoration of Improvements. In the event of partial or total destruction of Improvements upon the Community Association Property, it shall be the duty of the Community Association to restore and repair the same to its former condition (or a condition substantially similar to the former condition or as may be required to comply with the current Governmental Regulations) as promptly as practical, as hereinafter set forth. 10.1.1 Insurance Proceeds Adequate. If the cost of repairing or rebuilding the Community Association Property does not exceed the "amount of insurance proceeds-'initially5' offered or paid by the insurance carrier by more than ten percent (10%) of the cost of reconstruction, then the following shall apply: (a) All insurance proceeds shall be paid to a commercial bank or trust company designated by the Community Board to be held for the benefit of the Community Association and the Owners and their Mortgagees, as their interests shall appear. (b) The Community Board shall levy a Reconstruction Assessment against the Owners in the same manner as provided in Article 5 equal to the difference between the cost of repairing or rebuilding and the amount of available insurance proceeds, which sums shall be payable into the fund held by the insurance trustee. The Community Board may advance the amount of the Reconstruction Assessment to the insurance trustee from the Community Association's Maintenance Funds or Reserves. (c). When the amount held by the insurance trustee is sufficient to pay the costs of repair and reconstruction, the Community Board shall thereupon contract for the repair or reconstruction of the Improvements, paying the cost of such work from the amount held by the insurance trustee, said repair or reconstruction to be for the purpose of returning the Improvements substantially to their appearance and condition immediately prior to the casualty. (d) The Community Association may rebuild such damaged or destroyed common facilities in a different manner, or in a different location on the Community Association Property, provided that such Community Board action shall require consent of at least eighty percent (80%) of the Community Board. If the Community Board cannot reach such an eighty percent (80%) decision, any such change shall require the vote or written assent of the Members representing at least a majority of the Voting Power of the Community Association, and the written consent of a majority of the Mortgagees. In any event, if such changed plans require additional capital so as to constitute a Capital Improvement Assessment, the written La Cosia Ridge CC&Rs 27817-15-1926742.9 64 15S69 assent of the Members, cast through Delegates, representing at least a majority of the Voting Power of the Community Association must be obtained if so required by the requirements of Article 4 of this Declaration. 10.1.2 Insurance Proceeds Inadequate. If the cost of such repairing or rebuilding exceeds the amount of available insurance by more than ten percent (10%) of the cost of reconstruction, then all insurance proceeds shall be deposited as provided in the Section above entitled "Insurance Proceeds Adequate" and the Community Board shall require a determination by written assent or vote of the Members representing at least a Majority of the Voting Power as to whether a Reconstruction Assessment equal to the difference between available insurance proceeds and the cost of such repairing or rebuilding shall be levied. Such majority vote must include at least a two-thirds (2/3rds) majority of the Class A Members. If the Members determine not to levy such assessment, then the Community Board shall use the insurance proceeds available to make such restoration or repair as soon as reasonably possible or to clear the site of the damaged improvements and landscape the site for park and the costs thereof shall be paid for with the insurance proceeds and in such case, any deficiency to remove the damaged Improvements and install landscaping may be raised by borrowing such proceeds and levying the finance and other costs thereof as part of a Reconstruction Assessment or by paying such costs directly and levying a Reconstruction Assessment in an amount determined by the Community Board. In the event any excess; insurance; proceeds remain, the Community Board, hY its sole discretion, may retain such sums in the general funds of the Community Association or distribute pro-rata all or a portion thereof to the Members, subject to the prior rights of Mortgagees whose interest may be protected by insurance policies carried by the Community Association. The rights of the Owner and the Mortgagee of his or her Lot as to such pro-rata distribution shall be governed by the provisions of the Mortgage encumbering such Lot. 10.1.3 Residential Lots. In the event of partial or total damage or destruction of any Residential Lot within the La Costa Ridge Community, the Owner shall either: (a) diligently commence to rebuild the same, if the insurance proceeds and other funds available to the Owner are sufficient to pay the costs of such rebuilding; or (b) if there are not sufficient funds to rebuild, clear and level the Residential Lot, remove all wreckage, foundations, slabs, debris and remains of the building or buildings therefrom and leave the same in a level, clean and landscaped condition. Upon reconstruction, the Residence shall be rebuilt substantially in accordance with the original plans and specifications therefor; provided, however, that the exterior appearance thereof shall substantially resemble the appearance in form and color prior to such damage and destruction. Notwithstanding the foregoing, however, the Owner of such damaged Improvements may reconstruct or repair the same in accordance with new or changed plans or specifications with the prior written approval of the Architectural Committee. La Costa Ridge CC&Rs 27817-15-1926742.9 65 15GT8 ARTICLE 11 DEVELOPMENT RIGHTS- Declarant and the Merchant Builders will, during the course of the La Costa Ridge Community, be developing and marketing for sale or rental, the residential lots within the La Costa Ridge Community. In order to assure the Declarant and the Merchant Builder that these rights will not be limited, the Declarant and the Merchant Builders are reserving certain rights for development. This Article sets forth those rights which are intended to facilitate the overall development of the La Costa Ridge Community. 11.1 Limitations of Restrictions. Declarant and the Merchant Builders are undertaking the work of developing Residential Lots and other Improvements within the La Costa Ridge Community. The completion of the development work and the marketing and sale, rental and other disposition of the Residential Lots is essential to the establishment and welfare of the Covered Property and the Additional Property as a first-class residential community. In order that the work may be completed and the La Costa Ridge Community be established as a fully occupied residential community as rapidly as possible, nothing in this Declaration shall be interpreted to deny Declarant or, to the extert provided below, the Merchant Builders the rights 11.2 Rights of Access and Completion of Construction Declarant, and to the extent approved in writing by the Declarant, the Merchant Builders and their contractors and subcontractors shall have the rights set forth below. 11.2.1 Access. Declarant, the Merchant Builders and their contractors and subcontractors shall have the right to obtain reasonable access over and across the Community Association Property and Common Maintenance Areas within any Residential Lot owned by it whatever is reasonably necessary or advisable in connection with the completion of the La Costa Ridge Community and the maintenance thereof. 11.2.2 Construct Improvements. Declarant, and to the extent approved in writing by the Declarant, the Merchant Builders and their contractors and subcontractors shall have the right to erect, construct and maintain on the Community Association Property of the La Costa Ridge Community or within any Residential Lot owned by it such structures or Improvements, including without limitation, sales offices, flags, balloons, banners and signs, as may be reasonably necessary for the conduct of its business to complete the work, establish the La Costa Ridge Community as a residential community and dispose of the La Costa Ridge Community in parcels by sale, lease or otherwise, as determined by Declarant in its sole discretion and to perform or complete any work to improvements required for Declarant and the Merchant Builders to obtain a release of any bonds posted by Declarant or the Merchant Builders with the City. 11.2.3 Grant Easements. Declarant, and the Community Association, shall have the right to establish and/or grant over and across said Community Association Property such easements and rights of way on, over, under or across all or any part thereof to or for the benefit of the State of California, the City or County or any other political subdivision or public La Costa Ridge CC&Rs 27817-15-1926742.9 66 15GT1 organization, or any public utility entity or cable television provider, for the purpose of constructing, erecting, operating and maintaining facilities and Improvements thereon, therein or thereunder at that time or at any time in the future, including: (i) poles, wires and conduits for transmission of electricity, providing telephone service and cable television service to the La Costa Ridge Community and for the necessary attachments in connection therewith; and (ii) public and private sewers, sewage disposal systems, storm water drains, land drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes and any and all equipment in connection therewith. The Community Association Property shall be subject to any dedication stated in the Subdivision Map for the La Costa Ridge Community of an easement for public use for installation, maintenance and operation of facilities for public utilities over all of the Community Association Property. Said public utilities easement shall inure and run to all franchised utility companies and to the City or County and shall include the right of ingress and egress over the Community Association Property by vehicles of the City or County and such utility companies to properly install, maintain, repair, replace and otherwise service such utility facilities. The grant of said public utility easement shall not be interpreted to imply any obligation or responsibility of any such utility company or the City or County for maintenance or operation of any of the Community Association Property or the facilities located thereon or the repair, replacement or reconstruction thereof except as occasioned by such utility companies or City or. County of the utility facilities for which they are responsible. The Community Association Property shall also be subject to any easements granted by the Declarant to any public or private entity for cellular, cable or other similar transmission lines. The City and County furthermore is granted an easement across the Community Association Property and any private streets situated within any portion of the 1st Costa Ridge Community for ingress and egress for use by emergency vehicles of the City or County. 11.2.4 Exemptions. Nothing in the Community Governing Documents limits and no Owner or the Community Association will interfere with the right of Declarant to subdivide and resubdivide any portion of the Covered Property or with the right of Declarant and Merchant Builders, either directly or through their respective agents and representatives, to sell, resell, rent or re-rent any portion of the Covered Property, or the right of Declarant or a Merchant Builder to complete excavation, grading, construction of Improvements or other development activities to and on any portion of the Covered Property owned by Declarant or a Merchant Builder, as applicable, or to alter the foregoing and the construction plans and designs, or to construct such additional Improvements as Declarant or a Merchant Builder deems advisable in the course of developing the Covered Property so long as any Lot in the Covered Property or any portion of the Community Association Property is owned by Declarant or a Merchant Builder. These rights include, but are not limited to, carrying on by Declarant, the Merchant Builders, and their respective agents and representatives of such grading work as may be approved by the Governmental Agency having jurisdiction, and erecting, constructing and maintaining on the Covered Property such structures, signs and displays reasonably necessary for the conduct of the business of completing the work and disposing of the Covered Property and the Community Association Property by sale, lease or otherwise. Each Owner, by accepting a deed to a Residential Lot, acknowledges that any construction or installation by Declarant or a Merchant Builder may impair the view of such Owner, and each Owner consents to such impairment. This Declaration does not limit the right of Declarant or, if approved in writing by Declarant a Merchant Builder, at any time prior to acquisition of title to a Residential Lot by an La Cosla Ridge CC&Rs 27817-15'-1926742.9 67 15GT2 Owner from Declarant or a Merchant Builder, to establish on that Residential Lot, additional licenses, easements, reservations and rights-of-way to itself, to utility companies, or to others as reasonably necessary to the proper development, marketing and sale of the Covered Property and Community Association Property. Declarant and, if approved in writing by Declarant, the Merchant Builders may use any and all portions of the Community Association Property for access to the sales and leasing facilities of Declarant and Merchant Builders. Declarant and, if approved in writing by Declarant, Merchant Builders may use any structures or vehicles owned, respectively, by Declarant or Merchant Builders in the Covered Property as model home complexes, or real estate sales or leasing offices; provided that such uses within the Covered Property shall terminate on the last Close of Escrow for the sale of a Residential Lot in the Covered Property pursuant to a transaction requiring the issuance of a Public Report, at which time Declarant or Merchant Builders, as the case may be, shall restore their respective structures to their previous appearance. All or any portion of the rights of Declarant or a Merchant Builder, as applicable, hereunder and elsewhere in this Declaration may be assigned by Declarant or such Merchant Builder (with Declarant's prior written consent), as applicable, to any successor in interest to any portion of Declarant's or Merchant Builder's interest in any portion of the Covered Property or the Community Association Property (including without limitation, to any Merchant Builder) by an express written assignment which specifies the rights of Declarant or such Merchant Builder so assigned. Notwithstanding any other provision of this Declaration, for so long as Declarant or a Merchant Builder owns any portion of the Covered Property or the Community Association Property, Declarant or such Merchant Builder's prior written approval is required before any amendment to this Article 11 or any other provision effecting the rights or exemptions of Declarant hereunder, is effective. 11.3 Size and Appearance of La Costa Ridge Community. Declarant shall not be prevented from increasing or decreasing the number of Residential Lots that may be annexed to the La Costa Ridge Community or from changing the exterior appearance of Community Association Property structures, the landscaping or any other matter directly or indirectly connected with the La Costa Ridge Community in any manner deemed desirable by Declarant, if Declarant obtains governmental consents required by law. 11.4 Marketing Rights. Subject to the limitations of this Declaration, Declarant and the Merchant Builders shall have the right to: (i) maintain model homes, sales offices, storage areas and related facilities in any unsold Residential Lots or Community Association Property within the La Costa Ridge Community as are necessary or reasonable, in the opinion of Declarant, for the sale or disposition of the Residential Lots; (ii) make reasonable use of the Community Association Property, Common Maintenance Areas and facilities situated thereon for the sale of Residential Lots; (iii)post signs, flags and banners in connection with its marketing; and (iv) conduct their business of disposing of Residential Lots by sale, lease or otherwise. 11.5 Declarant Rights. This Declaration shall not be construed to impose any obligation on Declarant or any other person or entity to improve, develop or annex any portion of the Additional Property. The rights of Declarant under this Declaration may be assigned to any successors) by an express assignment in a recorded instrument, including without limitation, a deed, option or lease. This Declaration shall not be construed to limit the right of Declarant at any time prior to such an assignment to establish additional licenses, reservations and rights-of- La Costa Ridge CC&Rs 27817-15-1926742.9 68 15G73 way to itself, to utility companies or to others as may be reasonably necessary to the proper development and disposal of property owned by Declarant. 11.6 Amendment. The provisions of this Articb may not be amended without the consent of Declarant until either (i) all of the Additional Property has been annexed to the La Costa Ridge Community and all of the Residential Lots in the La Costa Ridge Community owned by Declarant or a Merchant Builder have been sold or (ii) five (5) years after the original issuance of the most recent Public Report for a Phase in the La Costa Ridge Community whichever occurs first. 11.7 Declarant Representative. Until the later to occur of the date on which Declarant (i) no longer owns a Lot in the Covered Property or (ii) no longer has an assignment of a Merchant Builder's voting rights or (Hi) cannot unilaterally annex property to the Covered Property, the Community Association shall provide Declarant with written notice of all meetings of the Community Board as if Declarant were an Owner and Declarant shall be entitled, without obligation, to have a representative present at all such Community Board meetings ("Declarant's Representative"). The Declarant's Representative shall be in addition to any representative which the Declarant may have on the Community Board and, if Declarant elects to have an additional representative, the Declarant's Representative may be present in an advisory capacity only and shall not be a Community Board member or have any right to vote on mattersi corning before the Community Board. ARTICLE 12 SUPPLEMENTARY DECLARATIONS The La Costa Ridge Community may continue to grow and expand to include new property. This Article describes how this annexation process occurs. In certain situations, the Declarant may record Supplementary Declarations to impose additional covenants on portions of the Covered Property or to make technical or minor correction to this Declaration or the other Governing Documents. Declarant may also de-annex some of the property already covered by this Declaration. That process is also covered in this Article. 12.1 Annexation. Any of the Additional Property may be annexed to and become subject to this Declaration by any of the methods set firth hereinafter in this Article. However, Declarant may elect not to develop such real property or to annex such real property to this Declaration. Although Declarant shall have the ability to annex the Additional Property as provided in this Article, Declarant shall not be obligated to annex all or any portion of such property, and such property shall not become subject to this Declaration unless and until a Supplementary Declaration covering it has been recorded. 12.2 Annexation Without Approval All or any part of the Additional Property may be annexed to and become subject to this Declaration and subject to the jurisdiction of the Community Association at Declarant's sole discretion and without the approval, assent or vote of the Community Association or its Members. La Costa Ridge CC&Rs 27817-15-1926742.9 69 12.3 Covenants Running with the Land. Declarant may transfer all or any portion of the Covered Property or the Additional Property to a builder under a grant deed wherein Declarant reserves the right to annex such property and subject it to this Declaration. The restriction on the Additional Property wherein it may be made subject to this Declaration upon the recordation of a Supplementary Declaration is hereby declared to be an equitable servitude upon the Additional Property hi favor of the Covered Property and shall run with the land and be binding on and inure to the benefit of all parties having or acquiring any right, title or interest, in such Additional Property. 12.4 Supplementary Declarations, If not already annexed, the recordation of a Supplementary Declaration shall constitute and effectuate the Annexation of said real property described therein, making said real property subject to this Declaration and subject to the functions, powers and jurisdiction of the Community Association, and thereafter said annexed real property shall be part of the Covered Property and subject to all of the terms and provisions of this Declaration. Supplementary Declarations may also be recorded by Declarant with respect to a Phase, which may further delineate any Community Association Property, Common Maintenance Area or Special Benefit Area or Special Benefit Maintenance Areas within such Phase or contain complementary additions and modifications as provided in this Section 12.4 or make corrections to this Declaration. The Community Association shall be entitled to record a Supplementary Declaration to establish a Special Benefit Area with the consent of the Owners to be included in the Special Benefit Area. If the signature or consent of any Merchant Builder which owns any portion of the Covered Property subject to a Supplementary Declaration is required, such Merchant Builder shall execute and consent to any such Supplementary Declaration. 12.5 Mergers or Consolidations. Upon a merger or consolidation of the Community Association with another association, the Community Association's properties, rights and obligations may, by operation of law, be transferred to the surviving or consolidated association, or, alternatively, the properties, right and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Community Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants, conditions and restrictions established by this Declaration within the La Costa Ridge Community, together with the covenants and restrictions established upon any other property as one plan. 12.6 De-Annexatioa Declarant may delete all or any portion of the Covered Property from the coverage of this Declaration or any Supplementary Declaration, provided Declarant and/or a Merchant Builder are the sole Owner(s) of all of the real property to be deleted and, with respect to the Phase in which such Covered Property is located, no Lot has been conveyed to a member of the homebuying public, no Community Association Property has been conveyed to the Community Association and no Community Assessments have commenced; provided, however, that the consent of any Merchant Builder or the Private Owner which owns any portion of the real property affected by such deletion and the consent of the City shall be required. Such deletion shall be effective upon the recordation of a "Notice of Deletion of Territory," or other instrument signed by Declarant and consented to by any applicable Merchant Builder or the Private Owner. Prior to annexation, Declarant may also, upon recordation of a Supplementary La Costa Ridge CC&Rs 27817-15-1926742.9 70 15GTS Declaration, delete any portion of the Additional Property by so designating such portion of land to be excluded from the Additional Property in a Supplementary Declaration. ARTICLE 13 RIGHTS OF LENDERS The various lenders at the La Costa Ridge Community may also require special rights. This Article contains provisions for the benefit of many of the lenders. 13.1 Payments of Taxes or Premiums by First MortgaRges. 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 Community Association Property, 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 Community Association Property from the Owner; First Mortgagees making such payments shall be owed immediate reimbursement from the Community 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" Community •- Association. 13.2 Priority of Lien of Mortgagee. No breach of the covenants, conditions or restrictions in the Declaration shall affect, impair, defeat or render invalid the lien or charge of any 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. 13.3 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 Community 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. 13.4 Approval of First Mortgagees. Except as provided by statute in case of condemnation or substantial loss to the Lots or Community Association Property, unless the Mortgagees of First Mortgages encumbering at least sixty-seven percent (67%) of the Lots which are subject to a Mortgage or Owners representing at least sixty-seven percent (67%) of the Voting Power of the Community Association (excluding the vote of Declarant) have given their • prior written approval, the Community Association shall not: 13.4.1 Partition By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Community Association Property. The granting of easements or leases or use agreements for public utilities or for other public purposes shall not be deemed a transfer within the meaning of this Subsection; 13.4.2 Allocation of Charges. Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner; La Costa Ridge CC&Rs 27817-15-1926742.9 71 15GT6 13.4.3 Maintenance. 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 Community Association Property and Common Maintenance Areas, walls or common fences and driveways, or the upkeep of lawns and plantings in the La Costa Ridge Community; 13.4.4 Insurance. Fail to maintain fire and extended coverage insurance on any Community Association Property upon which Buildings have been constructed en a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value, based on current replacement cost; or 13.4.5 Hazard Insurance. Use hazard insurance proceeds for losses to any portion of the Community Association Property for other than the repair, replacement or reconstruction of the Community Association Property. 13.5 Restoration of Community Association Property. Any restoration or repair of the Community Association Property after partial condemnation or damage dus 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 Residential Lots which Have at least"a majority of the Voting Power of the Community Association. • i - 13.6 Professional Management. When professional management has been previously required by a First Mortgage holder, a decision to establish self-management by the Community Association shall require the consent of at least sixty-seven percent (67%) of the Voting Power of Members of the Community Association and the approval of holders of First Mortgages on Residential Lots, the Owners of which have at least a majority of the votes of Residential Lots encumbered by Mortgage s. 13.7 Notice to Mortgagees. Upon written request to the Community Association identifying the name and address of the holder and the Residential Lot number or address, any First Mortgage holder will be entitled to timely written notice of: 13.7.1 Any condemnation loss or any casualty loss which affects a material portion of the La Costa Ridge Community or any Residential Lot on which there is a First Mortgage held by the Mortgage holder. 13.7.2 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; 13.7.3 Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Community Association; and 13.7.4 Any proposed action which would require the consent of a specified percentage of Mortgage holders. 13.8 Documents to be Available. The Community Association shall make available to Owners and Mortgagees, and holders, insurers or guarantors of any First Mortgage, current La Costa Ridge CC&Rs 27817-15-1926742.9 72 15G77 copies of the Declaration, the Community Bylaws, other rules concerning the La Costa Ridge Community and the books, records and financial statements of the Community Association. "Available" means available for inspection, upon request, during normal business hours or under other reasonable circumstances. The holders of First Mortgages encumbering at least a majority of the Lots subject to a Mortgage shall, upon written request, 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. 13.9 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 14 AMENDMENTS This Declaration establishes the covenants, conditions and restrictions for the La Costa Ridge Community. It may be possible, in the future, that the Community Declaration will need to .... be amended. This Article sets forth the-procedures that must be followed^ and the consents that > must be obtained in order to amend this Declaration. 14.1 Amendment. Except as may otherwise be stated in the Declaration, during the period of time prior to conversion of the Class B membership in the Community 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 at least sixty-seven percent (67%) of the voting power of each class of Members of the Community Association. Any amendment shall become effective upon recording with the Office of the County Recorder of the County. After conversion of the Class B membership in the Community 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 (a) at least sixty- seven percent (67%) of the total Voting Power of the Community Association, and (b) at least sixty-seven percent (67%) of the Voting Power of Members of the Community Association other than Declarant. Anything herein stated to the contrary notwithstanding, no material amendment may be made to this Declaration without the prior written consent of Eligible Holders encumbering at least a majority or more of the Lots within the Covered Property 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: (a) The fundamental purpose for which the La Costa Ridge was created (such as a change from residential use to a different use); (b) Assessments, assessment liens or the priority of assessment liens; (c) Reserves for maintenance, repair and replacement of the Community Association Property or Common Maintenance Area; (d) Responsibilities for maintenance and repairs; La Cosia Ridge CC&Rs 27817-IS-1926742.9 73 15ST8 condemnation; Maintenance Area; (e) Insurance or fidelity bonds; (f) Restoration or repair of the after a hazard damage or partial (g) Rights to use the Community Association Property or Common (h) Expansion or contraction of the Covered Property or the addition, annexation or withdrawal of property to or from the Covered Property; (i) Voting rights; (j) Convertibility of Residential Lots into Community Association Property or of Community Association Property into Residential Lots; Property; Maintenance Area; (k) Redefinition of boundaries of any Community Association (1) The interests in the Community Association Property or Common (m) Leasing of Residential Lots; (n) Imposition of any restrictions on the right of an Owner to sell or transfer his or her Lot; (o) Any action to terminate the legal status of the Community Association after substantial destruction or condemnation; (p) The requirement of retention of professional management of the Community Association; (q) Any provision which is expressly for the benefit of Eligible Holders or insurers or guarantors of Eligible Holders. An addition or amendment to this Declaration shall not be considered material if it is for the purposes of correcting technical errors or for clarification only. Any Eligible Holder of a First Mortgage who received a written request to approve additions or amendments by certified or registered mail, return receipt requested, who does not respond within thirty (30) days, shall be deemed to have approved such addition or amendment. Notwithstanding the foregoing, the percentage of a quorum or the voting power of the Community Association or of Members other than the Declarant necessary to amend a special clause or provision of this Declaration shall not be less than the prescribed percentage of affirmative votes required for action to be taken under this clause or provision. An amendment or modification shall be effective when executed by the President or Vice President and Secretary or Assistant Secretary of the Community Association who shall certify that the amendment or modification has been approved as hereinabove provided, and shall record the amendment in the Official Records of San Diego County, La Costa Ridge CC&Rs 27817-15-1926742.9 74 15G73 California. For the purpose of recording such instrument, each Owner, with the exception of the Secretary, U.S. Department of Veteran Affairs, an officer of the United States of America, hereby grants to the President or Vice President and Secretary or Assistant Secretary of the Community Association an irrevocable power of attorney to act for and on behalf of each and every Owner in certifying, executing and recording said instrument. Notwithstanding anything to the contrary contained herein, in no event may any of Declarant's rights or privileges under the Community Governing Documents be terminated, altered or amended without Declarant's prior written consent. 14.1.2 Other Approvals Required for Amendments. Notwithstanding anything to the contrary contained in this Declaration, Sections 1.15,1.46, 3.2.2,3.3.3, 4.1.9, 4.1.12, 4.2.11, 8.5, 15.3, and 15.4 of this Declaration shall not be amended without the vote or approval by written ballot of (a) at least ninety percent (90%) of the Voting Power of the Members of the Community Association other than Declarant, and (b) at least ninety percent (90%) of the Eligible Holders. Such vote shall be an Owner Participation Issue under the Community Bylaws. 14.2 Conflict with Article 13 or Other Provisions of this Declaration. To the extent any provisions of this Article conflict with the provisions of Article 13 or any other provision of this Declaration, except those contained in Section 14.1, the provisions of Article 13 or the other -provisions shall control. ^ '•'•-• - • , ,>.,-'•--• • -^•^-.•^•^:- -•:<-^v- ^H"- -••' - •••'• 14.3 Approval by City. Notwithstanding anything to the contrary set forth in this Declaration, including without limitation, the amendment provisions set forth in this Article 14, the consent of the City shall be required for any amendment to Sections 2,3.6, 2.3.7, 2.3.8,7.4.1, 7,22, 7.24.1, 7.25, 7.29, 7.30, 7.32, 8.7, 8.8, 15.2, 15.5, 15.5.1, 15.5.2, 15.5.3, 15.6, 15.6.1, ~ 15.6.2, 15.6.3, 16.6, 16.7, 16.8 of this Declaration or any other provision of this Declaration P^S0-*0 which gives to the City any approval rights or enforcement rights under this Declaration. Any \ approval by the City hereunder shall be submitted to the Planning Director and/or City Engineer whose decision shall be binding on the City. The City shall approve or disapprove any proposed amendment within thirty (30) days of submittal of the amendment to the City Manager. Any amendment shall be delivered to the City in the same manner as provided in Section 13.7 of this Declaration for Mortgagees, to the City's then current office. 14.4 Business and Professions Code Section 11018.7. All amendments or revocations of this Declaration shall comply with the provisions of California Business and Professions Code, Section 11018.7 to the extent said Section is applicable. 14.5 Reliance on Amendments. Any amendments made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith. ARTICLE 15 TERM AND ENFORCEMENT This Article describes the procedures that apply in enforcing this Declaration and specifies the types of dispute resolution procedures that will be followed to resolve such disputes. La Costa Ridge CC&Rs 27817-15-1926742.9 • 75 15680 15.1 Duration. The provisions of this Declaration, including the covenants, conditions and restrictions contained herein shall run with and bind the Covered Property and shall continue to be effective for a period of ninety-nine (99) years from the date of recordation. Thereafter, the Declaration shall be automatically extended for successive periods often (10) years unless the City and the Owners of two-thirds (2/3) of the Residential Lots subject to the Declaration have executed and recorded at any time within six (6) months prior to the end of the 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 ten (10) year period. 15.2 Enforcement and Nonwaiver. 15.2.1 Rights of Enforcement of Community Governing Documents. The Community Association or any Owner shall have a right of action against any Owner, and any Owner shall have a right of action against the Community Association, to enforce by proceedings at law or in equity, all restrictions, conditions, covenants and reservations, now or hereafter imposed by the provisions of the Community Governing Documents or any amendment thereto, including the right to prevent the violation of such restrictions, conditions, covenants, or reservations and the right to recover damages or other dues for such violation except that Owners shall not have any right of enforcement concerning liens for Community Assessments or Condominium Project Assessments, as the base niay be;' The''Community Association'shatl have the exclusive right to the enforcement of provisions relating to architectural control and the Community Handbook, unless the Community Association refuses or is unable to effectuate such enforcement, in which case any Owner who otherwise has standing shall have the right to undertake such enforcement. Failure of the Community Association, Declarant or any Owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. The City shall have the same right to enforce the provisions of this Declaration as an Owner in the Covered Property. 15.2.2 Procedure for Enforcement. Notwithstanding anything to the contrary set forth in Section 15.2.1, in enforcing any action under the Community Governing Documents, unless the applicable time limitation for commencing an action would run within one hundred twenty (120) days prior to the filing of a civil action by either the Community Association or an Member solely for declaratory reliefer injunction relief in connection with a claim for monetary damages, other than assessments of the Community Association, not in excess of Five Thousand Dollars ($5,000.00), related to the enforcement of the Community Governing Documents, the parties shall endeavor as provided in California Civil Code Section 1366.3, to submit their dispute to a form of alternative dispute resolution such as mediation or arbitration. The Community Board shall annually provide to the Members a summary of the provisions of California Civil Code Section 1366.3 which shall include the language required and shall be delivered in the manner provided in Civil Code Section 1367.1. The exception for disputes related to Community Association assessments referred above shall not apply to disputes between a Member and the Community Association regarding assessments imposed by the Community Association, if the Member chooses to pay in full the Community Association all of the assessments specified in California Civil Code Section 1366.3 states by written notice that the amount is paid under protest, and delivers such written notice in accordance with the provisions of California Civil Code Section 1366.3. Upon the delivery of such notice, the Community Association shall inform the Member that such Member may resolve the dispute La Costa Ridge CC&Rs 27817-15-1926742.9 76 15S81 through alternative dispute resolution as set forth in California Civil Code Section 1366.3 and any other procedures to resolve the dispute that may be available through the Community Association. As provided in Civil Code Section 1366.3, the right of any Owner to utilize alternative dispute resolution under such Section may not be exercised more than two (2) times in any single calendar year and not more than three (3) times within any five (5) calendar years. 15.3 Notice of Actions Against Declarant. To the extent applicable, the Community Association shall comply with the provisions of Civil Code Section 1368.5, Civil Code Sections 910 through 938, subject to the provisions of Section 15.4. 15.4 Alternative Dispute Resolutioa The purpose of this Section 15.4 is to provide an expedited means of resolving any claims, disputes and disagreements which may arise between (a) an Owner and/or the Community Association and (b) Declarant concerning the Covered Property that are not resolved pursuant to any applicable statutory dispute resolution procedures (individually referenced to herein as "Dispute" and collectively as "Disputes"). A Supplementary Declaration may be recorded by a Merchant Builder setting forth any alternative dispute resolution procedures relating to disputes or claims between an Owner and a Merchant Builder, which do not involve the Community Association and/or the Declarant. .' . 15.4:1.:Mediation v •',-.- . / - •: (a) Disputes Subject to Mediation Except for construction defect claims which are to be resolved through the non-adversarial statutory provisions set forth in Sections 910 through 938 of the California Civil Code, any Disputes arising out of or relating to the Covered Property may not be commenced until the matter has been submitted to Judicial Arbitration and Mediation Services ("JAMS"), or its successor, for mediation. 15.4.2 Arbitratioa (a) Agreement to Arbitrate. If a dispute is not resolved through mediation or the statutory non-adversarial procedure, the Declarant or any director, officer, partner, member, employee or agent of Declarant and either the Community Association or any Owner shall resolve any and all Disputes exclusively through binding arbitration in the County. This arbitration provision shall apply to Disputes of any kind or nature regardless of when the Dispute first arose or the nature of the relief sought. Alternatively, either the Community Association, any Owner or Declarant may elect to resolve such Disputes through a small claims court proceeding, in which case the party filing the small claims action will have waived the right to any relief in excess of the jurisdiction of the small claims court. (b) Waiver of Trial by Judge or Jury. By agreeing to resolve all Disputes through binding arbitration, the Community Association, each Owner and the Community Association and Declarant each give up the right to have their respective claims and defenses decided by a judge or a jury. (c) Rules Applicable to All Cases. The arbitration will be conducted by JAMS in accordance with the JAMS rules ("JAMS Rules") then applicable to the claims presented, as supplemented by this Declaration. The following supplemental rules shall apply to La Costa Ridge CC&Rs 27817-15-1926742.9 77 15B82 all arbitration proceedings and shall govern in the event of a conflict between the rules set forth below and the JAMS Rules. (d) Qualifications of Arbitrators. The arbitrator shall be neutral and impartial and either a retired judge or a member or former member of the California State Bar with at least fifteen (15) years experience as a practicing lawyer and at least ten (10) years experience with construction related disputes. (e) Appointment of Arbitrator. The arbitrator to preside over the Dispute shall be selected in accordance with the JAMS Rules, but no later than sixty (60) days after a notice of claim is filed. (f) Expenses. All fees charged by JAMS and the arbitrator shall be advanced by Declarant. If Declarant is the prevailing party in the arbitration, the arbitrator may, to the extent permitted by law and the JAMS Rules, direct the Owner or the Community Association, as applicable to reimburse the Declarant for up to fifty percent (50%) of the JAMS fee and arbitrator's fee advanced by Declarant within sixty (60) days after the final arbitration award. : : ,; , ; ,: . v,-;...-.••-- (g} Preliminary,Procedures. >If state or federal law requires the Declarant, the Community Association or Owner to take steps or procedures before commencing an action in court, then the Declarant, the Community Association or Owner must take such steps or follow such procedures, as the case may be, before commencing the arbitration. For example, any claims or Disputes pursuant to California Civil Code Section 895 et. seq., as hereafter amended shall be subject to the non-adversarial procedures set forth in California Civil Code Section 910 through 938, prior to the initiation of any arbitration or small claims court proceeding against Declarant. In addition, nothing contained herein shall be deemed a waiver or limitation of the provisions of California Civil Code Sections 1368.5, 1375, 1375.05 or 1375.1. (h) Participation by Other Parties. Declarant, the Community Association or Owner to the extent either such party is defending a claim in the arbitration, may, if it chooses, have all necessary and appropriate parties included as parties to the arbitration. (i) Rules of Law. The arbitrator must follow California substantive law (including statutes of limitations) but may receive hearsay evidence. The arbitrator shall be authorized to provide all recognized remedies available at law or equity for any cause of action. (j) Attorneys Fees and Costs. Each party shall bear its own attorneys fees and costs (including expert witness costs) in the arbitration. 15.4.3 Additional Rules Applicable To Certain Cases. In any arbitration in which a claim of Declarant, the Community Association or Owner exceeds 5250,000 in value, the following additional rules will supplement the JAMS Rules and govern in the event of a conflict between the following rules and the rules set forth above, the JAMS Rules, or both. (a) Qualifications of Arbitrator. In addition to the requirements of Section 15.4.2(d) above, the arbitrator shall be a retired judge of the California Superior Court, a California Court of Appeal, or the California Supreme Court. La Costa Ridge CC&Rs 27817-15-1926742.9 78 15B83 (b) Transcripts. AH hearings in which evidence is received must be recorded by a customary method so that a transcript of all testimony can be prepared. The cost of the recording shall be paid by Declarant as further provided in Section 15.4.4(e) below and the cost of the transcription shall be paid by the appealing party. (c) Rules of Law. The arbitrator must follow the California Evidence Code. (d) Written Decision. Within thirty (30) days after the hearing is closed, the arbitrator must issue a written decision. If either Declarant, the Community Association or Owner requests it, the arbitrator must issue a reasoned award. • (e) Petition to Confirm Award. Neither Declarant, the Community Association or Owner may petition a court to enter judgment on the arbitration award until the . other party's time to serve a notice of appeal, as set forth below, has expired. 15.4.4 Procedure for Appeal of Certain Cases. In any arbitration in which a claim of Declarant, the Community Association or Owner exceeds $250,000 in value, each party shall have a limited right to appeal the arbitration award as set forth below. (a) Right of Appeal There shall be no right to appeal unless the oral evidence received by the arbitrator was preserved in a manner that it can be converted to an accurate and reliable written transcript. (b) Appellate Arbitration. An appeal shall be decided by one (1) neutral appeal arbitrator appointed by JAMS under the rules that govern appointment of arbitrators. The appeal arbitrator must be a retired judge. (c) Issues on Appeal The only issues that may be considered on appeal are: (l)the award of money was excessive; (2) the award of money was insufficient; (3) the arbitrator awarded non-monetary relief that was inappropriate; (4) a party who received non- monetary relief should have received other or additional relief. The appeal arbitrator may affirm the arbitration award or make any alternative award he or she finds to be just, but must not reject the arbitrator's decisions-(a) that a particular party is entitled to relief of some nature or amount or (b) that a particular party is responsible to provide relief of some nature or amount. (d) Notice of Appeal To appeal an arbitration award, a party must serve written notice of the appeal on JAMS and all parties to the arbitration within thirty (30) days after mailing of the arbitrator's award to the parties. The written notice of appeal must include a general description of the grounds for appeal and the relief requested. A party who has received a timely notice of appeal rray thereafter file and serve its own notice of appeal within sixty (60) days after mailing of the arbitration award to the parties. (e) Expenses and Costs on Appeal. The appealing party must advance all fees for the appeal and provide JAMS with a written transcript of the oral testimony, copies of all documentary evidence and all other tangible evidence received by the arbitrator. If more than one party appeals, the appealing parties must share equally the JAMS fees and the cost of preparing and copying the ranscript and all other evidence received by the arbitrator. The La Costa Ridge CC&Rs 27817-15-1926742.9 79 .'..'. 1568M appeal arbitrator may award costs of the nature provided in the Federal Rules of Appellate Procedure provided that the maximum, which may be awarded to Declarant as the prevailing party, is fifty percent (50%) of the total costs of the arbitration appeal. (f) Appellate Briefs. The appeal arbitrator may receive written briefs from the parties and hear oral argument, but must not receive new evidence. The appeal arbitrator must make his or her decision based only on the evidence that was presented to the arbitrator, except that the appeal arbitrator may visit any site involved in the Dispute. (g) Decision on Appeal The decision of the appeal arbitrators shall be the final award in the case and shall be treated as the arbitration award for all purposes. (h) Federal Arbitration Act. Declarant, the Community Association and each Owner acknowledge that because many of the materials and products incorporated into the home are manufactured in other states, the conveyance of the Covered Property evidences a transaction involving interstate commerce and the Federal Arbitration Act (9 U.S.C. §1, et. seq.) now in effect and as it may be hereafter amended will govern the interpretation and enforcement of the arbitration provisions of this Declaration. , ,._,,, 15.4.5 AGREEMENT TO ARBITRATE AND WAIVER OF JURY TRIAL. , (a) ARBITRATION OF DISPUTES. DECLARANT, EACH OWNER BY ACCEPTANCE OF A DEED, AND THE COMMUNITY ASSOCIATION AGREE TO HAVE ANY DISPUTE DECIDED BY NEUTRAL ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT AND THE CALIFORNIA ARBITRATION ACT, TO THE EXTENT THE CALIFORNIA ARBITRATION ACT IS CONSISTENT WITH THE FEDERAL ARBITRATION ACT, AND EACH OWNER, DECLARANT AND THE COMMUNITY ASSOCIATION ARE GIVING UP ANY RIGHTS DECLARANT, EACH OWNER AND THE COMMUNITY ASSOCIATION MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. DECLARANT, EACH OWNER, AND THE COMMUNITY ASSOCIATION ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION 16.4. IF DECLARANT, ANY OWNER OR COMMUNITY ASSOCIATION REFUSED TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, SUCH PARTY MAY BE COMPELLED TO ARBITRATE UNDER THE FEDERAL ARBITRATION ACT AND THE CALIFORNIA ARBITRATION ACT, TO THE EXTENT THE CALIFORNIA ARBITRATION ACT IS CONSISTENT WITH THE FEDERAL ARBITRATION ACT. 15.4.6 Final and Binding Award. The decision of the arbitrator or, if an appeal is heard, the decision of the appeal arbitrators, shall be final and binding. A petition to confirm, vacate, modify or correct an award may be filed in any court of competent jurisdiction in the county in which the Covered Property is located, but the award may be vacated, modified or corrected only as permitted by the Federal Arbitration Act. 15.4.7 Severability. In addition to and without limiting the effect of any general severabiliry provisions of this Declaration, if the arbitrator or any court determines that any La Costa Ridge CC&Rs 27817-15-1926742.9 80 15G85 provision of this Section 15.4 is unenforceable for any reason, that provision shall be severed, and proceedings agreed to in this Declaration shall be conducted under the remaining enforceable terms of this Section 15.4. 15.4.8 Application of Award. Any proceeds awarded to the Community Association arising from any Dispute by settlement, award or otherwise shall be applied in accordance with the provisions of Section 4.2.12 of this Declaration. 15.5 General Enforcement by the City.. 15.5.1 Right of City to Enforce Declaration The City shall have the right, but not the obligation, to enforce the restrictions set forth in this Declaration in favor of, or in which Cc*i<X.* the City has an interest. 15.5.2 Failure of Community Association to Maintain Community Association Property and Common Maintenance Areas. If the Community Association fails to maintain the Community Association Property or Common Maintenance Areas as provided in Article 8, the City shall have the right, but not the duty, to perform the necessary maintenance. If the City p «-_ & fc>Oo7 elects to perform such maintenance, the City shall give written notice to the Community . . Association > with ,a copy thereof to the Ownersjn the La Costa Ridge Community,1; setting, forth r0^, ' ;-!;£ r? •; with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Community Association within a period of thirty (30) days from the giving of such notice. In the event that the Community Association fails to carry out such maintenance of the Community Association Property 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 herein. 15.5.3 Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Community Association Property or Common Maintenance Areas, the City shall submit a written invoice to the Community Association for all costs incurred by the City to perform such maintenance of the Community Association Lots and/or Community Association's easements. The City shall provide a copy of such invoice to each Owner in the La Costa Ridge Community, together with a statement that if the Community Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the La Costa Ridge Community pursuant to the provisions of this Section. Said invoice shall be due and payable by the Community Association within twenty (20) days of receipt by the Community Association. If the Community Association shall fail 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 Community 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 bvy a Special Assessment against the Owners of each Residential Lot in the La Costa Ridge Community for an equal pro rata share of the invoice, plus the late charge. Such Special Assessment shall constitute a charge on the land and shall be a continuing Hen upon each Residential Lot against which the Special Assessment is levied. Each Owner in the La Costa Ridge Community hereby vests the City with the right and power to levy such Special Assessment, to impose a lien upon La Costa Ridge CC&Rs 27817-15-1926742.9 81 1568G their respective Residential 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 Special Assessment in accordance with the procedures set forth in Article 5 of this Declaration. 15.6 City Required Disclosures. The following information is set forth in this Declaration as required by the City as a condition to City approval of the Tentative Map. Each Owner acknowledges that this is not a comprehensive and exhaustive list of all material information about the La Costa Ridge Community and that this information is subject to change. 15.6.1 Use of Reclaimed Water. As required by the City, the Community Association shall use reclaimed water for the irrigation of Community Association Property and Common Maintenance Area landscaping if reclaimed water becomes reasonably available for that purpose. If reclaimed water does become reasonably available for irrigation of the Community Association Property or Common Maintenance Area, the Community Association shall not discontinue use of reclaimed water for that purpose without the approval of the applicable water district. 15.6.2 Aircraft Noise. The information set forth in this Section is correct as of the date of the recordation of this Declaration. Any of this information is subject to modification or change in the future. The La Costa.Ridge Community"is located in the vicinity of the " McClellan Palomar Airport and is subject to overflight, sight and sound from aircraft operating • from this airport and also may create noise, pollution and dirt. The facility is, as of the date of this Declaration, operated by the County. Overflight may result from private, public and military aircraft. Declarant makes no warranty or representation as to the future use of this airport, future increase or decrease in overflights, or any other impact resulting form the use of this facility. Flights may occur 24 hours a day, but a voluntary jet curfew exists Monday through Sunday from 10:00 p.m. to 7 a.m. Flight activity generally consists of private aircraft, jet commuter and helicopters. For additional information regarding airport operations, you may call the McClellan Palomar Airport. 15.6.3 Natural Hazards. Portions of the La Costa Ridge Community are located in areas where there may be natural hazards. Each Owner who acquires a Residential Lot subject to a Public Report should review carefully the Natural Hazards Disclosure Report provided to such Owner by the Merchant Builder, and each subsequent Owner should review carefully any disclosures about natural hazards provided by the Seller of the Residential Lot. 15.7 Copy of Recorded Declaration to City. Upon recordation of this Declaration with the Office of the County Recorder of San Diego County, California, Declarant shall forward a copy of the recorded Declaration to the Planning Director, City of Carlsbad, 1635 Faraday Avenue, Carlsbad, California 92008-7314, ARTICLE 16 GENERAL PROVISIONS 16.1 Headings. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. La Costa Ridge CC&Rs 27817-15-1926742.9 82 15687 16.2 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision or provisions of it shall not invalidate any other provisions. 16.3 Cumulative Remedies. Each remedy provided for in this Declaration shall be cumulative and not exclusive. Failure to exercise any remedy provided for in this Declaration shall not, under any circumstances, be construed as a waiver. f 6.4 Violations as Nuisance. Every act or omission in violation of the provisions of this Declaration shall constitute a nuisance and, in addition to all other remedies herein set forth, may be abated or enjoined by any Owner, any Member of the Community Board, the manager, or the Community Association. 16.5 No Racial Restriction. No Owner shall execute or cause to be recorded any instrument which imposes a restriction upon the sale, leasing or occupancy of his or her Residential Lot on the basis of race, sex, color or creed. 16.6 Access to Books. Declarant may, at any reasonable time and upon reasonable notice to the Community Board or manager, at his or her own expense, cause an audit or inspection: to be made ofthe books :and financial records of the Community Association. - T? fv--;- 16.7 Liberal Construction The provisions of this Declaration shall be liberally construed to effectuate its purpose. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision thereafter. 16.8 Notification of Sale of Residential Lot. Concurrently with the consummation of the sale of any Residential Lot under circumstances whereby the transferee becomes an Owner thereof, or within five (5) business days thereafter, the transferee shall notify the Community Board in writing of such sale. Such notification shall set forth the name of the transferee and his or her mortgagee and transferor, the common address of the Residential Lot purchased by the transferee, the transferee's and the mortgagee's mailing address, and the date of sale. Prior to the receipt of such notification, any and all communications required or permitted to be given by the Community Association, the Community Board or the manager shall be deemed to be duly made and given to the transferee if duly and timely made and given to said transferee's transferor. 16.9 Notices. Mailing addresses may be changed at any time upon written notification to the Community Board. Unless otherwise permitted hereunder, notices shall be in writing and shall be given by certified mail, return receipt requested, overnight courier or personal delivery. Notices shall be deemed received in three (3) days if mailed by certified mail, return receipt requested, one (1) business day after deposit with an overnight courier or upon receipt if delivered in person. All notices to the Community Association shall be delivered to the current addresses of the Community Association. All notices to an Owner shall be delivered to a Residential Lot unless an Owner notifies the Community Association in writing of a change of address. 16.10 Number: Gender, The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine and neuter shall each include the masculine, feminine or neuter, as the context requires. La Costa Ridge CC&Rs 27817-15-1926742.9 83 15G88 16.11 Exhibits. All exhibits referred to are attached to this Declaration and incorporated by reference. 16.12 Binding Effect. This Declaration shall inure to the benefit of and be binding on the successors and assigns of the Declarant, and the heirs, personal representatives, grantees, tenants, successors and assigns of the Owners. 16.13 Statutory References. All references in this Declaration to various statutes, codes, regulations, ordinances and other laws shall be deemed to include those laws in effect as of the date of this Declaration and any successor laws as may be amended from time to time. IN WITNESS WHEREOF, the undersigned, as Declarant, has executed this Declaration as of the date first set forth above. REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation La Cosla Ridge CC&Rs 27817-15-1926742.9 84 15G89 STATE OF COUNTY OF On tyfertfa /*/, _ , 200£, before me. &***• C o ,a Notaiy Public in and for said State, personally appeared personally known to me (or proved to me on the basis of 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/hej/their authorized capacity(ies), and that by his/her/their signarure(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. £.Signature DIANA C MORENO , La Cosa Ridge CC&Rs 27817-15-1926742.9 15630 SUBORDINATION AGREEMENT The undersigned ('Beneficiary") holds the beneficial interest in that certain Deed of Trust recorded in the Office of the County Recorder of San Diego County on November 17, 1988 as Instrument No. 88-592631, the Beneficial Interest of which was assigned by an Assignment of the Beneficial Interest and said Deed of Trust recorded in the Office of the County Recorder of San Diego County on December 6, 1999 as Instrument No. 99-794424, which Deed of Trust encumbers all or a portion of the real property covered by the Declaration of Covenants, Conditions and Restrictions of La Costa Ridge ('Declaration"). Beneficiary now subordinates the Deed of Trust and its beneficial interest thereunder to (a) the foregoing Declaration, (b) any Supplemental Declaration which is recorded pursuant to the Declaration, (c) any amendment or restatement of the Declaration or any Supplementary Declaration, and (d) all easements to be conveyed to the Community Association in accordance with any Supplementary Declaration. Dated: September._2005 HFC COMMERCIAL REALTY, INC., a Delaware corporation Name: Title: Dated: September.., 2005 By:_ Name: Title: La Costa Ridge CC&Rs 27817-15-1926742.9 15631 STATE OF COUNTY OF )SS. On 1 H 2005, before me._ Notary Public in and for said State, personally appeared •/&&> ,a personally known to me (or proved to me on the basis of 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/her/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 rfiy hand and official^ seal. Signature f^M^^- d -(SEAL) OFFICIAL SEAL DIANA C MORENO NOTARY PUBLIC. STATE OF ILLINOIS \ MY COMMISSION EXPIRES: 10/04/05 . STATE OF COUNTY OF On ) )ss. ) 2005, before me,. Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of 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/her/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. Signature (SEAL) La Coaa Ridge CC&Rs 27817-15-1926742.9 15632 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H LIST OF EXHIBITS Legal Description of Covered Property Initially Subject to this Declaration Additional Property Habitat Preserve Areas Habitat Preserve Restrictions Educational Materials Fire Suppression Zones Invasive Species Custom Lot Special Benefit Maintenance Area U Costa Ridge CC&Rs 27817-15-1926742.9 15G33 EXHIBIT "A" Covered Property Subject to this Declaration LOTS 221,226, 227, 228, 229,246 and 247 OF TRACT NO. 04-03 VILLAGES OF LA COSTA - LA COSTA RIDGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14838, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 14, 2004. LOTS I THROUGH 118 INCLUSIVE, OF TRACT NO. 04-03 VILLAGES OF LA COSTA - LA COSTA RIDGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 15098, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2004. LOTS 1 THROUGH 77 INCLUSIVE, OF TRACT NO. 04-04 VILLAGES OF LA COSTA - LA COSTA RIDGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 15103, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 16,2004. G:VaneyYnM\Forms\EXHlBrr A-Ridge.doc 15694 EXHIBIT "B" Additional Property A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2. ACCORDING TO MAP NO. 6905, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY OF EL FUERTE STREET AS SHOWN ON SAID MAP NO. 6905; THENCE NORTH 68°13'07" EAST, 1536.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°01'10" EAST, 99.51 FEET; THENCE SOUTH 51°54'40" EAST, 141.03 FEET; THENCE SOUTH 22°52'25" WEST, 191.85 FEET; THENCE SOUTH 57° 13'00?' WEST, 73.07 FEET; THENCE NORTH 83°46'00" WEST 185.97 FEET; v'; ; THENCE NORTH 34°25'48" WEST, 144.00 FEET; THENCE NORTH 55°34' 12" EAST, 100.00 FEET TO THE BEGINNING OF A TANGENT 322-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°35'22" A DISTANCE OF 188.77 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PORTION OF THE ABOVE-DESCRIBED PARCEL: BEGINNING AT THE ABOVE-DESCRIBED TRUE POINT OF BEGINNING; THENCE SOUTH 68°OP 10" EAST, 99.51 FEET; THENCE SOUTH 51°54'40" EAST, 141.03 FEET; THENCE SOUTH 22°52'25" WEST, 191.85 FEET; THENCE SOUTH 57°13'00" WEST, 73.07 FEET; THENCE NORTH 83°46'00" WEST, 83.97 FEET; THENCE NORTH 22°02'11" WEST, 58.84 FEET; THENCE NORTH 34°25'48" WEST, 153.00 FEET; THENCE NORTH 55°34'12" EAST, 10.00 FEET TO THE BEGINNING OF A TANGENT 322.00-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°35'22" A DISTANCE OF 188.77 FEET TO THE TRUE POINT OF BEGINNING. La Costa Ridge CC&Rs 27817-15-1926742.9 EXHIBIT "B" 15635 EXHIBIT "C" Habitat Preserve Areas LOT 234 OF TRACT 99-04-01, VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, N THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 29, 2002. LOTS 235, 237, 238, 242 THROUGH 245 INCLUSIVE AND LOT 248 OF TRACT 99-04-02 VILLAGES OF LA COSTA - LA COSTA RIDGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14838 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 14, 2004. La Costa Ridge CC&Rs 27817-15-1926742.9 EXHIBIT "C" 1569G EXHIBIT "D" Habitat Preserve Restrictions 1. All dogs must be leashed. 2. Mountain bikes, off-road vehicles, camping, shooting and hunting are not allowed. 3. Cliff jumping and swimming are strictly prohibited in Box Canyon. La Costa Ridge CC&Rs 27*17-15-1926742.9 EXHIBIT "D" 1569T EXHIBIT "E" Educational Materials Background Within your new community is the La Costa Preserve, 1,000 acres of dedicated natural Co<vJk .* open space which includes the 200-foot deep Box Canyon and its 40-foot waterfall. The eastern portion of the Preserve forms a core habitat area including a large contiguous stretch of coastal sage scrub, chaparral and natural open space. Two hundred additional acres of off-site habitat links this core area with open space to the south, providing an important component to the regional conservation effort to ensure the long-term vitality of key animal species. The Preserve is expected to protect 18 pairs of threatened California Gnatcatchers and ensure the long-term survival of more than 60 other species including the Del Mar manzanita, thread-leaved brodiaea, summer holly, California adolphia, wart-stemmed ceanothus and sticky- leaved live- forever. The wildlife identified on the Preserve includes coyote, mule deer, bobcat, red-tailed hawks, horned lizards, rufous-crowned sparrow, and orange-throated whiptail.sf ••.:•-•• --,. . -•;' :, Management Plan The Center for Natural Lands Management, a Fall brook-based non-profit foundation, owns and manages La Costa Preserve, The Center has been responsible for managing natural open space for more than ten years, currently overseeing more than 50,000 acres within 36 preserves throughout California. The Center has teamed with the Batiquitos Lagoon Foundation to utilize the Foundation's vast experience managing the lagoon as part of their collective efforts to protect the Preserve. Under the Preserve's management plan, the Center's responsibilities will include the inventory and monitoring of important habitat and wildlife populations such as birds, mammals, reptiles, amphibians, invertebrate and sensitive plant species as well as ongoing maintenance of the property including erosion control, fence and gate maintenance, and sign construction and replacement. In addition, the Center will conduct programs including habitat restoration and enhancement, invasive pest/exotic plant species control, plant and animal management, fire management and public education. Morrow Development has established an endowment in excess of SI .4 million to provide for maintenance of the Preserve in perpetuity. Designated Uses To insure the protection of the La Costa Preserve for the enjoyment of all the residents, the following rules have been established: • The Preserve is open for walking, hiking, wildlife viewing and horseback riding on designated trails only. Dogs must be leashed. La Costa Greens CC&Rs 278I7-I3/1753Z25.9 EXHIBIT "E" 1 15G38 Mountain bikes, off-road vehicles, camping, shooting and hunting are not allowed. Cliff jumping and swimming are strictly prohibited in Box Canyon. Management Contact Center for Natural Lands Management 425 East Alvarado Street, Suite H Fallbrook, CA 92028-2960 (760)731-7790 La Costa Greens CC&Rs 27817-13/1753225.9 EXHIBIT "E" 2 15G99 EXHIBIT "F" Fire Suppression Zones Fire suppression zones are managed strips of land consisting of irrigated zones and dry or thinning zones of varying width, depending on local conditions. Therefore, fire suppression zones, if applicable, will vary from lot to lot. Additionally, within the fire suppression zones sub-zones exist, again depending on specific site conditions. The site conditions are broken into two distinct categories, Manufactured Slopes — Condition A, or Native Slopes — Conditions. The sub-zones are shown on page 4 of this Exhibif'F", and described as follows: 1. Condition A — Manufactured Slope Fire Protection a. Section A-1 — measured horizontally 20 feet outward from the outlying edgeofstructure(s). • Planted with groundcover or low growing shrub species (less than three (3) feet in height) known to have fire retardant qualities. -,- ...•- , • No trees or shrubs allowed. .• • No structures allowed including patio trellises, arbors, fire pits, gazebos, enclosed porches and balconies. • Irrigated. b. Section A-2 — measured horizontally 20 feet outward from the outlying edge of Section A-1. • Planted with low water use naturalizing plant species known to have low fuel characteristics. • No trees allowed. • Irrigated. c. Section A-3— measured outward from the outlying edge of A-2 to include the remainder of the area between Section A-2 and high-risk fire areas. Horizontal distance from the structure(s) to untreated high-risk areas shall not be less than 60 feet. • Planted with low water use naturalizing plant species known to have low fuel characteristics. • Trees are allowed, but shall not be planted cbser than 20 feet apart. U Costa Ridge CC&Rs 27817-15-1926742.9 EXHIBIT "F" 1 15T00 • Irrigated. 2. Conditions— Native Slopes— Wild Land Fire Suppression Pertains to areas where removal of environmentally sensitive native vegetation is restricted within the fire sections. a. Section B-1 — measured 20 feet horizontally from the outlying edge of the structure(s) toward the environmentally restricted area as defined by the City. • Removal of "high fuel and moderate hazard species." • Planting with groundcover or low growing shrub species (less that three feet in height) known to have fire retardant qualities or as otherwise required by the City. • No trees or shrubs allowed. ; .. ..• No structures allowed including patio trellises, arbors-, fire pits, gazebos, enclosed porches and balconies. • Irrigated. b. Section B-2 — measured horizontally 20 feet outward from the outlying edge of Section B-1. • Removal of "high fuel species." • Removal of selective pruning of up to 60 percent of the volume of the "moderate fuel species." • Replanting with naturalizing low fuel species. • Trees and large tree form shrubs (e.g., Oaks, Sumac, Toyon) which are being retained shall be pruned to provide clearance equal to three times the height of the surrounding understory plant material or six feet, whichever is higher. Dead and excessively twiggy growth shall also be removed. • Temporarily irrigated. c. Section B-3 — measured horizontally 20 feet outward from the outlying edge of Section B-2. The. outer edge of B-3 shall extend horizontally to a point at least 60 feet from structures. • Removal of "high fuel species." U Costa Ridge CC&Rs 27817-15-1926742.9 EXHIBIT "F" 2 15701 Removal by selective pruning of up to 40 percent of the volume of the "moderate fuel species." Trees and large tree form shrubs (e.g., Oaks, Sumac, Toyon) which are being retained shall be pruned to provide clearance equal to three times the height of the surrounding understory plant material or six feet, whichever is higher. Dead and excessively twiggy growth shall also be removed. Not irrigated. La Costa Ridge CC&Rs 27817-15-1926742.9 EXHIBIT"?" 3 ;xhibiPF; SECTION Irrigation NATIVE "CONDITION A" - MANUFACTURED SLOPES SECTION Irrigation.,."efen!!na_ B-1 •MOUSE* OR SMBUB3 • PfXKMH. O» HOH TOO. B-2 • CELECTVE nutta or «« or VOUMC . 100* RCUOW. OF MBH RJB. B-3 NOW • totcroe noaa OF 4O»OF IX MOOBKn RJO. • MM MMMU.OT MOH Fua NATIVE "CONDITION B" - NATIVE SLOPES VILLAGES OF LA COSTA Exhibit 4-37 FIRE PROTECTION ZONES Exhibit 4 PJ094-S4 15703 Acacia app. Agrostis avonacea Agrostis stolonifera Anagallis arvensis Aptenia cordifolla A triplex semibaccala Arundo donax Brassica nigra Carpobrotus edutis Cirsium vulgare Cortaderiajubata Cortaderia selloana Cynodon dactylon Cyperus involucratus Eucalyptus globules & other species Foenictilum volgare Lepidium latifolhim Nictiana giauca Pennisetum clandestinum Pennisetum seiacaum Polypogon monspeliensis Riciuus communls Schinus molfe Schinus terebinthifolius Tarnarix spp. Washington filltera Xanthium strurnarium EXHIBIT "G" Invasive Species Wattle, acacia Pacific bent grass Pacific bent grass Scarlet pimpernel Red apple ice plant Australian salt brush Giant reed Black mustard Ice plant Bull thistle Andean pampas grass Pampas grass Bermuda grass African umbrella plant Tasmanian blue gumleucalyptus Fennel ; ; Perennial pepper weed Tree tobacco Kikuyo grass Fountain grass Annual beard grass/rabbit s foot Castor-bean Peruvian peppertree Brazilian pepper Tamarish, salt cedar Fan palm Cocklebur La Costa Ridge CC&Rs 27817-15-1926742.9 EXHIBIT "G" l 15704 EXHIBIT "H" Custom Lot Special Benefit Maintenance Area [Attached Hereto] La Costa Ridge GC&Rs 27817-15- 1926742.9 EXHIBIT "Hr 1 15705 EXHIBIT "H" CUSTOM LOT SPECIAL BENEFIT MAINTENANCE AREA CVSJQU UJT SfE&U. a£M£flT UUKtOWKC OOA CARLSBAD FIRE DEPARTMENT Fire Prevention Division Land Use Review Report PROJECT NAME: La Costa Ridge Neighborhoods 2.1/2.2 Date: 08/09/05 Project number: PUD 04-01(A) Staff Planner: Jason Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Fire Department shall be provided the opportunity to review the Codes, Covenants and Regulations to be recorded for these neighborhoods prior to approval of this submittal. Fire is most interested in the items that establish responsibility for the maintenance of the Fire Suppression Zones. Additionally, Fire would request the opportunity to review the address sign proposals as there are presently difficulties on the part of some projects and the meaning of 'contrasting' images. CARLSBAD FIRE DEPARTMENT Fire Prevention Division Land Use Review Report PROJECT NAME: La Costa Ridge Neighborhoods 2.1/2.2 Date: 10/03/05 Project number: PUD 04-01(A) Staff Planner: J. Goff Engineer: Project conditions; (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Fire Department has reviewed this submittal and has no comments or conditions at this time pending submittal of Precise Grading Plan has been reviewed. GR CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: September 28, 2005 REVISED PLANS x TO: * ENGINEERING-DEVELOPMENT SERVICES, ATTN: JOHN MAASHOFF POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - KARYN VAUDREUIL BUILDING DEPARTMENT - PAT KELLEY RECREATION - MARK STEYAERT PUBLIC WORKS DEPARTMENT (STREETS) - NIC ROQUE WATER/SEWER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - PLANNING DEPARTMENT SEMPRA ENERGY - LAND MANAGEMENT • CALTRANS (send anything adjacent to 1-5) PARKS/TRAILS - LIZ KETABIAN * Always Send Exhibits FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON PROJECT NO: PUD 04-01 (A) PROJECT TITLE: La Costa Ridge Village, Neighborhoods 2.1 & 2.2 APPLICANT: Pulte Homes c/o Bryan Bennett PROPOSAL: Architectural Review and Plotting of Homes Please review and submit written comments and/or conditions to Jason Goff, the Project Planner in the Planning Department at 1635 Faraday Avenue, by October 12, 2005. (If you have "No Comments", please so state.) If not received by the date indicated, it will be assumed that you have no comment and the proposal has your endorsement as submitted. If you have any questions, please contact Jason Goff at 602-4643. The request for conditions will follow at the appropriate time. THANK YOU. COMMENTS: PLANS ATTACHED Review & Comment 07/05 RECEIVED JUN o 4 m VALLECITOS WATER DISTRICT A PUBLIC AGENCY 201 Vallecitos de Oro • San Marcos, California • 92069-1453 Telephone (760)744-0460 April 26, 2001 Mr. Timothy O'Grady Morrow Development 6965 El Camino Real, Ste. 105 Carlsbad, CA 92009 RE: WATER AND SEWER AVAILABILITY VILLAGES OF LA COSTA Upon review of the above referenced property, the following information is provided: Portions of the project is within the boundaries of the Vallecitos Water District and Sewer Improvement District's 1,2, & 6. Water and sewer will only be provided under the rules and regulations of the District under normal operating conditions and after all required fees have been paid and all conditions of the District have been satisfied. It appears that a majority of the Ridge Village Development plan is within the boundaries of the District. Those portions within the Ridge Village Development plan that are outside the District will require annexation prior to service being available. This approval will include the detachment of the property from the adjacent agency and approval by the Local Agency Formation Commission (LAFCO). Portions of the project requiring gravity sewer will require detachment from the District and annexation into the Leucadia County Water District for sewer service. The use of lift stations are strongly discouraged if other means of providing service are available. The District maintains existing water distribution facilities in Rancho Santa Fe Road, Alga Road, Melrose, and El Fuerte surrounding this project. As a condition of approval, Master plan facilities for the area may be required. This could include but is not limited to upgrades to the local water distribution system, and the construction of an additional reservoir (Meadowlark Reservoir No. 3) as indicated in the 1997 Master Plan of approximately 4.8 million gallons. The appropriate Fire Department should be contacted to verify fire flow requirements and any fire protection facilities needed. Once fire flow requirements are obtained, a hydraulic analysis will be required to determine the availability of domestic service and fire protection to the area, and the sizing of on-site and off-site facilities. The developer of the project shall be responsible for all costs associated with the installation ofjiew water facilities and the relocation or upgrading of existing water facilities impacted by the project. The District also maintains sewer facilities adjacent to the Ridge Village Development area. At the time improvement plans are submitted for review, any upgrades or Master Plan sewer facilities needed to serve the project will be determined. Recent discussions indicated that a portion of the project can not gravity sewer to the District nor the Leucadia County Water District and a sewer pump station for approximately 50 to 100 homes may be required. This will need to be reviewed to determine if there are any other alternatives. The use of lift stations are strongly discouraged if other means of providing service are available. FAX numbers by Department: Administration (760) 744-2733; Engineering (780) 744-3507; Finance (760) 744-5989; Meadowlark Water Reclamation Facility (760) 744-2435; Operations/Maintenance (760) 744-5246 e-mail \/wrl©rt5 rom hrtnV/WWW.VWri r.rn Mr. Timothy O'Grady ^^ Water and Sewer Availabil^^/illages of La Costa April 26, 2001 Page 2 The majority of the Oaks Village Development plan and the Greens Village Development plan appear to be outside the boundaries of the Vallecitos Water District. For any portions of the project that are within the boundaries of the Vallecitos Water District, detachment of the property from the District may be required. As previously indicated annexation/detachment proceedings will require approval from each agency involved in addition to LAFCO. The District maintains easements and rights-of-way within the Oaks and Greens Village Development plans. Within these easements, a major outfall sewer line and failsafe/reclamation outfall line transport sewage to the Encina Waste-water Authority. These facilities must be protected in place and no grading or construction over these facilities will be allowed without the written consent of the Vallecitos Water District. Portions of these facilities may require replacement or realignment during the development of the property. Portions of the proposed development surround the existing Meadowlark Wastewater Reclamation Facility, and the Mahr Reservoir. It is important to note that these facilities process raw sewage, generate and store reclaimed water for the District and the City of Carlsbad. The Meadowlark Wastewater Reclamation Facility currently treats approximately 2.25 million gallons of raw sewage per day and may be upgraded in the future to treat 5 million gallons of raw sewage per day. The Mahr Reservoir is an open reservoir storing approximately 54 million gallons of reclaimed water. Proper disclosures to new property owners regarding the proximity of these facilities to any new homes will be required. This will include disclosures on the map and in the escrow instructions. An inundation study was prepared for the Mahr Reservoir Dam in July of 1992, by Camp Dresser & McKee, Inc. This study outlines the drainage/spillway flow for the reservoir. Proposed grading and portions of the development appear to be within this drainage area requiring mitigation. The preparation of a new study and review by the Vallecitos Water District will be required. Any costs incurred shall be borne by the owner of the project. The City of Carlsbad is currently coordinating the upgrades and realignment of Rancho Santa Fe Road. The plans include water and sewer stub-outs for the proposed development of this project. As these are developer contributed facilities, they will not be funded by the District. It is recommended that the developer contact the City of Carlsbad and coordinate any reimbursements for these facilities. Any water facilities not with the public right-of-way will require a minimum 20-foot easement granted to the District. In addition, the District may require easements through the property for future extensions. The owner of the project is responsible for obtaining any easements and expenses incurred. This letter is issued for planning purposes only, and is not a representation, expressed or implied, that the district will provide service at a future date. The Vallecitos Water District relies one hundred percent on imported water supplies, and although the District may have available capacity at this time, due to the uncertainty ofwater supplies, water may not be available at the time this project is built. Commitments to provide service are made by the District's Board of Directors and are subject to compliance with District fees, charges, rules, and regulations. If there are any additional questions please give me a call. Sincerely, VALLECITOS WATER DISTRICT Cheryl Brajjdstrom Engineering Supervisor cc: Dennis Lamb, Director of Engineering and Operations GEOCON INCORPORATED GEQTECHNICAL CONSULTANTS Project No. 07290-52-01 August 1, 2005 Real Estate Collateral Management Company % Morrow Development 1903 Wright Place, Suite 180 Carlsbad, California 92008 Attention: Subject: Mr. TimO'Grady THE RIDGE NEIGHBORHOOD 2.1 AND 2.2 CARLSBAD, CALIFORNIA DRAINAGE SWALES Gentlemen: In accordance with your request, this letter has been prepared to provide our opinion regarding the precise grading of sideyard swales along residential units within the subject development. If drainage swales are planned for a location within 5 feet from the structure perimeter, the footings should be deepened to accommodate minimum foundation embedment. We recommend that the location of the deepened footing be shown on the plot plans. It is understood that Geocon Incorporated will be provided copies of the plot plans and will observe in the field that the deepened footings are properly excavated during the foundation excavation observation. Should you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON INCORPORATED Sadr CEG 1778 AS:anh (2) Addressee (4/del) Pulte Homes Attention: Mr: Kevin Bryan 6960 Flanders Drive • San Diego, California 92121-2974 • Telephone (858) 558-6900 • Fax (858) 558-6159 Henthorn & AssociaMs 5365 Avenida Enemas, Suite A Carlsbad, California 92008 '(760)438-4090 , Fax (760) 438-0981 . August 4, 2005 Community Development City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Villages of La Costa Ridge, Neighborhoods 2.1 & 2.2 - Major Planned Unit Development Permit Amendment, PUD 04-01 (A), Submittal Package Dear Planner: . Enclosed please find the application for a Major Planned Unit Development Permit Amendment for the development of 90 single family detached homes within Neighborhoods 2.1 and 2.2 of the La Costa Ridge Village of the Villages of La Costa Master Plan. Neighborhoods 2.1 and 2.2 are located along the north and south sides of Corintia Street, west of Neighborhood 2.5, and east of El Fuerte Street within the La Costa Ridge Village. On November 16, 2004, a tentative map, CT 04-02, and a planner unit development permit, PUD 04-01, were approved by the City Council creating 90 single-family lots. The enclosed application is for the review and approval of the proposed architecture and plotting for the 90 residential units pursuant to Section 6.2.7 of the Villages of La Costa Master Plan. As shown on the enclosed plans, the proposed homes consist of {three (3) floor plans ranging in size from approximately 2,844 to 4,213 square feet. Plan type 1 is proposed as a single-story unit. Plan type IX is based on the plan type 1 floor plan but includes a second story with additional bedrooms. The two-story version shall be limited to those lots that can accommodate the two-story unit based on the maximum 40% lot coverage. The enclosed site plan and associated tables illustrate the plotting of the plan types and compliance with the lot coverage standards. Plan types 2 and 3 are proposed as two-story units. There are a total of five (5) different architectural styles proposed for these neighborhoods. Of the four styles, each floor plan type will utilize three (3) of the elevation styles resulting in a diverse\unit/architectural style mix. Each unit plotted on the enclosed site plan includes an elevation type along with a color scheme designation. There are a total of nine (9) proposed color schemes for this neighborhood. Included within the application package are several tables and exhibits that supplement the large-scale plans, which illustrate how the proposed project complies with the various standards and guidelines set forth in the Villages of La Costa Master Plan. We have included 5 sets of the site plan and architectural plans for your review along with all the supporting documentation. The proposed residential project does not constitute any -1- significant impacts on the environment that were not previously examined and evaluated in the Final Program Environmental Impact Report (FPEIR) for the Villages of La Costa Master Plan (2000) MP 98-01, certified by the City Council on October 23, 2001. As a result, the Environmental Impact Assessment Part 1 form has not been included within the enclosed submittal package. As the subject residential project was analyzed under the Villages of La Costa Master Plan (2000) MP 98-01, the environmental analysis required by the California Environmental Quality Act has been satisfied through the prior Certified FPEIR. No material change in the project, significant changed circumstances or material new facts have been identified which would require any further supplemental or subsequent environmental impact reports as the Certified FPEIR evaluated the range of potential impacts for the entire Master Plan project and the City adopted the required Mitigation Monitoring and Reporting Program to assure all impact mitigations will be implemented. If you have any questions or need any additional information, please feel free to call me at (760) 438-4090 extension 104 or e-mail me at bennett@ihenthorn.com. Sincerely, . BryawD. Bennett '-'-'. Senior Planner encl. PUD Amendment Submittal Package , cc: Kevin Bryan, Pulte Homes Fred Arbuckle, Morrow Development Marybeth Murray, Hunsaker & Associates Mark Gross, MGA • file - . . ' . JHA/BDB/VLCN. 2.1&.Z.Z -2- City of Carlsbad Police Department Date: August 11, 2005 To: Jason Goff - Planning Department From: J. Sasway, CPS - Police Department Subject: La Costa Ridge 2.1 and 2,2 Plan Review Recommendations Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model statewide standards. The recommendations are presented in two sections, site considerations and building recommendations. Site Considerations Building Placement - Creating Defensible Space Strategies to consider: Clearly define the identity of the development and its perimeters making it unique and exclusive. Provide clearly defined transitions from public to private space. Use landscaping, fencing and ground cover to create territoriality and ownership for the property. Design space to increase the perception of natural surveillance. Consider that if people feel comfortable and safe in all areas, they are more likely to use the areas. Lighting The police department recommends that individual homes be equipped on all sides with lighting fixtures. Lights should be installed on the house preferable in the eaves to illuminate the walls of the house. Lights should be on dawn to dusk sensors or timers. All garage and pedestrian doors should have a light fixture that is capable of illuminating the door. It is further recommended that the lights be on timers or dawn to dusk sensors. Landscaping For surveillance and security, Tree canopies should not be lower than five feet. 256O Orion Way • Carlsbad, CA 92OO8-728O • (76O) 931-21OO • FAX (760)931-8473 Do not allow trees to provide access to roofs or balconies. Let landscaping augment, not deter from lighting and addressing. Plant low profile shrubs and maintain below three feet. Apply security plants where necessary to prevent loitering and tampering Install walls and fences that are see through for surveillance. Install lockable gates that allow surveillance Keep entranceways clear of clutter Addressing Numerals should be located where they are clearly visible from the street on which they are addressed. They should be of a color contrasting to the background to which they are affixed. Numerals shall be no less than four inches in height and illuminated during the hours of darkness. Entrances Keep entranceways clear of clutter. Ensure you allow vision from the front access street to front door entrance. Building Considerations Consider - Locating high-activity rooms and areas so they face public and semi-public areas. Area of Concern: Plan One of the development uses houses with side entrance front doors. This is a cause for concern as surveillance is the number one deterrent to crime. When the entrance is on the side, the resident does not have surveillance of the street when entering and exiting. Further, others such as police officers patrolling the streets and neighbors do not have surveillance of the front entrance to the hose. This increases the risk of residential crime using the front door. The police department discourages any dwelling using this plan. Doors The police department discourages the use of glass within 42 inches of a locking device as it increases the risk of burglary. If the glass is used, it should be covered with burglary resistant glazing. Install wooden doors 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, equip all doors with a single cylinder dead-bolt lock using a 5-pin tumbler. Connect the deadbolt to the inner portion of the lock by connecting screws. Ensure the lock has a one- inch throw that can withstand a cutting tool attack. Choose a deadbolt that embeds at least three-fourths of an inch into the strike plate. Arrange entrance door 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 a 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. Strike Plates Strike plates for deadbolts on all wood framed doors should be constructed of a minimum 16 U.S. gauge steel, bronze, or brass and secure to the jamb by a minimum of two screws, which should penetrate at least two inches into the solid backing beyond the surface to which the strike is attached. Sliding Doors Install metal guide tracks at the top and bottom of horizontal sliding door. The bottom track should be so designed that the door cannot be lifted from the track when the door is in the locked position. Ensure the door has the appropriate hardware preventing it from being forces to slide or rise. Double Doors When pairs of doors are used, a one-piece assembly attached to the full-length edge of the inactive door leaf, incorporating an astragal and flush-bolts for the header and threshold, will take the place of a strike plate, provided the assembly is constructed of aluminum or steel and is a minimum of one-eighth inch in thickness. 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. Keying Upon occupancy by the owner, each single unit in a group constructed under the same general plan, should have locks using combinations that are interchange free from locks used in all other separate dwellings. Windows Equip all movable windows with security hardware to prevent them from being lifted from the frame or forced to slide. This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security or employee security issues, please contact the Crime Prevention Unit at (760) 931-2105. By, Jodeene R. Sasway Crime Prevention Specialist Carlsbad Police Department (760) 931-2195 August 31, 2005 TO: Planning Department FROM: John Maashoff, Engineering Department SUBJECT: COMPLETENESS REVIEW AND INITIAL ISSUES STATEMENT PUD 04-01 (A), The Ridge portion of N. 2.1 & 2.2-Pulte Homes The Engineering Department has completed its review of the above project for application completeness. The application and plans submitted for this project are considered complete. The following is a list of issues that will need to be addressed before approval of the application: 1. Provide report/recommendation from the Soils Engineer of record for the project addressing swales around structures where the flow line is less than 5 feet away from the structure. If deepened footings are required, or yard drains desired, they should be shown on the PDP. 2. The walls shown on the site plan appear to be existing per 420-4A, please submit a reduced copy of these approved plans for reference. 3. Please revise the legal description to reflect the final map recording information for the subject CT. 4. The plans should show sewer and water laterals as well as driveway widths. 5. Please label the line-of-sight adjacent to lot 64. 6. Revise the driveway apron on lot 21, the line work doesn't line up. 7. Please fill out the easement data on sheet 9 Please note, this is not a complete review of all applicable information related to the subject application. Additional information may be required/issues of concern may arise from review of the responses to the above items. Should you have any questions regarding any of the comments above, please contact me at 602-2747 John Maashoff C:\Documents and Settings\jgoH\Local Settings\Temp\PUD 04-01A Ridge 2.1&2.2 lst.doc rri Citv of Carlsbad Planning Department September 1, 2005 Pulte Homes Bryan Bennett 5993 Avenida Encinas, Suite 101 Carlsbad, CA 92008 SUBJECT: PUD 04-01 (A) - LA COSTA RIDGE, NEIGHBORHOODS 2.1 & 2.2 Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Planned Unit Development Amendment, application no. PUD 04-01 (A), as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. At this time, the City asks that you provide five (5) complete sets of the development plans so that the project can continue to be reviewed. Please contact your staff planner, Jason Goff, at (760) 602-4643, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Assistant Planning Director DN:JAGO:vd c: Gary Barberio, Team Leader John Maashoff, Project Engineer Gregory Ryan, Fire Prevention Data-Entry- 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PUD 04-01 (A) - La Costa radge 2.1 & 2.3 September 1,2005 Page 2 ISSUES OF CONCERN Planning: 1. According to Condition No. 12 of approving Resolution No. 5736 for PUD 04-01, "prior to the issuance of building permits, an interior noise assessment to determine proper architectural treatments (i.e., specialized door and window treatments) shall be required for all project lots where the CNEL exceeds 60 dBA at the second story (as identified in the Acoustical Site Assessment La Costa Ridge Tentative Maps 2.1 through 2.5, Investigative Science and Engineering, 1/26/04)." Please denote these lots on the site plan and submit the interior noise assessment as required. 2. Lot 60 proposes a Plan 1 home with Spanish Colonial architecture. The Spanish Colonial architecture includes front elevation courtyard walls with varying heights from the lowest being approximately 42-inches to the highest being approximately 8- feet. The courtyard feature that is specifically proposed on Lot 60 dimensions a front yard setback of 13-feet, or a 2-foot encroachment. Provisions for encroachment that are found in the Village of La Costa, Ridge Village, Master Plan allow courtyard walls to encroach into the required front yard setback, however those encroachments are limited to wall heights which do not exceed 42-inches. In order for the courtyard to be permitted as designed it will need to be located behind the required 15-foot front yard setback. Please revise plans accordingly. 3. On the color site plan, please revise the "slope indicator" design detail shown to the rear of Lots 73 & 74 such that a downhill slope indicator is shown as opposed to the uphill slope indicator. 4. Roof heights that are shown in the Unit Summary Table don't match those shown on the proposed elevations. Please revise to show correct information. 5. The roof heights dimensioned on the elevations are not scaled correctly. For example, Plan 1, Right Side Elevation shows a building height of 21'-6" scaled at 1/8" = 1'-0'. By scaling this you should find a one-foot discrepancy. Please revise all plans to correct any scale/dimension discrepancies. 6. Please dimension building heights so they measure to the highest point of the structure. To be specific, Plan 1 (Spanish/Colonial), Plan 2 (Tuscan), Plan 3 (Spanish/Colonial) and Plan 3 (European Country) do not appear to be measured to the highest point of the structure. Please revise accordingly. Engineering: 1. Provide report/recommendation from the Soils Engineer of record for the project addressing swales around structures where the flow line is less than 5 feet away fronrrthe structures—lf~deepened~footings are-reqtiiredror-yard drains-desiredr4hey- should be shown on the POP. 2. The walls shown on the site plan appear to be existing per 420-4A, please submit a reduced copy of these approved plans for reference. PUD 04-01 (A) - La Costa radge 2.1 & 2.3 September 1,2005 Page 3 3. Please revise the legal description to reflect the final map recording information for the subject CT. 4. The plans should show sewer and water laterals as well as driveway widths. 5. Please label the line-of-sight adjacent to lot 64. 6. Revise the driveway apron on lot 21, the line work doesn't line up. 7. Please fill out the easement data on sheet 9. Please note that this is not a complete review of all applicable information related to the subject application. Additional information may be required and issues of concern may arise from review of the responses to the above items. Police: 1. For Police comments please see the attached letter dated August 11, 2005. Fire: 1. The Fire Department shall be provided with the opportunity to review the Codes, Covenants and Restrictions that are to be recorded for each of these neighborhoods prior to approval of this submittal. Fire is especially interested in the items that establish responsibility for the maintenance of the Fire Suppression Zones. 2. The Fire Department requests the opportunity to review address sign proposals, as there are presently difficulties on the part of some projects and the meaning of 'contrasting' images. Scientific, Environmental, and Forensic Consultants Corporate Office 16486 Bernardo Center Drive, #278 San Diego, CA 92128 Phone/Fax: (858) 451-3505 / (858) 487-0096 www.ise.us September 2, 2005 Ms. Maria Miller Pulte Homes 2 Technology Irvine, CA92618 1 cA.^ 2., I RE: STRUCTURAL ACOUSTICAL ANALYSIS / CCR TITLE 24 SURVEY LA COSTA RIDGE TM 2.1 DEVELOPMENT, CARLSBAD CA ISE REPORT #05-100 Dear Ms. Miller: At your request, Investigative Science and Engineering (ISE), has performed a structural acoustical survey for the proposed La Costa Ridge TM 2.1 residential development located in Carlsbad, CA. The purpose of the survey is to ascertain estimated interior noise levels within the structure and recommend mitigation measures for compliance with guidelines set forth by Title 24 of the California Code of Regulations. INTRODUCTION AND DEFINITIONS Site Characterization / Project Description The proposed project is located within the southeast portion of the City of Carlsbad and is part of the Villages of La Costa Master Plan development. The site is bounded by Alga Road to the north and El Fuerte Street to the west and is accessed via the same streets (refer to Figure 1). Melrose Avenue via Alga Road and Rancho Santa Fe Road provide regional access to the Tentative Map area. The project site is classified as RLM - (Residential-Low Medium Density) within the City's General Plan with surrounding uses having a similar designation. Tentative Maps 2.1 through 2.5 consists of a total of 261 separate residential lots within the La Costa Ridge "village" of the Villages of La Costa Master Plan. The La Costa Ridge area itself encompasses 493.1 acres and is the central region of the Master Plan. The proposed development identified in this report would encompass a total gross area of approximately 195 acres. The current site development plan for TM 2.1 through TM 2.5 is shown below in Figure 2 on Page 3 of this report. ACOUSTICS - VIBRA TION - AIR QUALITY- FORENSIC ENGINEERING - EXPERT WITNESS - ENVIRONMENTAL ASSESSMENTS Ms. Maria Miller Structural Acoustical Analysis / CCR Title 24 Survey La Costa Ridge TM 2.1 Residential Development- Carlsbad, CA ISE Report #05-100 September 2, 2005 Page 2 of 8 5 #rj >^ & "o .' --"^f NAWHORNECr.^S II ^^^"A^:' ''c ^if -A j^s^~> f*~. < , , , N •-.--• . •£? O ill ^10'-•. \ ^" '• o -3fL ' S y1 V -«-»-- -•%' * ^1 v*& i •---* % ^ M*^ • e? SOCO^OLNg Illl^^. /vfj; ; s ^\ ?3 ..»•< -A-,-..^i 0 800 1600 2400 3200 4000 FIGURE 1: Project Vicinity Map - La Costa Ridge TM 2.1 (ISE, 8/05) © 2005 Investigative Soic-ncu Ms. Maria Miller Structural Acoustical Analysis / CCR Title 24 Survey La Costa Ridge TM 2.1 Residential Development - Carlsbad, CA ISE Report #05-100 September 2, 2005 Page 3 of 8 N S FIGURE 2: TM 2.1 through 2.5 Site Configurations (Hunsaker & Associates, 12/03) ) 2005 Investigative Science and Engineering, Inc. Ms. Maria Miller Structural Acoustical Analysis / CCR Title 24 Survey La Costa Ridge TM 2.1 Residential Development - Carlsbad, CA ISE Report #05-100 September 2, 2005 Page 4 of 8 Acoustical Definitions Noise is generally defined as unwanted or annoying sound that is typically associated with human activity and which interferes with or disrupts normal activities. Although exposure to high noise levels has been demonstrated to cause hearing loss, the principal human response to environmental noise is annoyance. The response of individuals to similar noise events is diverse and influenced by the type of noise, the perceived importance of the noise and its appropriateness in the setting, the time of day and the type of activity during which the noise occurs, and the sensitivity of the individual. Airborne sound is a rapid fluctuation of air pressure above and below atmospheric pressure. Sound levels are usually measured and expressed in decibels (dB). Most of the sounds one hears in the environment do not consist of a single frequency, but rather a broad band of frequencies differing in level. The intensities of each frequency add to generate sound. The method commonly used to quantify environmental sounds consists of evaluating all of the frequencies of a sound according to a weighting system that reflects the fact that human hearing is less sensitive at low and extremely high frequencies than at the mid-range frequencies. This is called "A" weighting, and the decibel level measured is called the A-weighted sound level (dBA). In practice, the level of a noise source is conveniently measured using a sound level meter that includes a filter corresponding to the dBA curve. Although the A-weighted sound level may adequately indicate the level of environmental noise at any instant in time, community noise levels vary continuously. Most environmental noise includes a conglomeration of noise from distant sources that create a relatively stable background noise in which no particular source is identifiable. A single descriptor called the Leq (or equivalent sound level) is used. Leq is the energy- mean A-weighted sound level during a measured time interval. It is the 'equivalent1 constant sound level that would have to be produced by a given source to equal the fluctuating level measured. Another sound measure employed by the State of California and the City of Carlsbad is known as the Community Noise Equivalence Level (or CNEL) is defined as the "A" weighted average sound level for a 24-hour day. It is calculated by adding a 5- decibel penalty to sound levels in the evening (7:00 p.m. to 10:00 p.m.), and a 10- decibel penalty to sound levels in the night (10:00 p.m. to 7:00 a.m.) to compensate for the increased sensitivity to noise during the quieter evening and nighttime hours. Finally, a sound insulation parameter known as the Sound Transmission Class (or STC) of a wall, window, or ceiling assembly is defined as the acoustic transmission of a structural assembly at a frequency of 500 Hertz with respect to a reference transmission curve. The use of a single-number transmission rating (such as the STC) correlates in a general way with subjective impressions of sound transmission for speech, radio, television, and similar sources of noise in buildings. The "reference curve" to which the actual transmission is compared, is based upon the above noise sources. © 200.'i Investigative Science and Engineering, Inc. Ms. Maria Miller Structural Acoustical Analysis / CCR Title 24 Survey La Costa Ridge TM 2.1 Residential Development- Carlsbad, CA ISE Report #05-100 September 2, 2005 Page 5 of 8 The STC rating can be used to compare the potential sound insulation of structural assemblies tested in a laboratory or between different rooms in a building. The rating for a partition built and tested in a building may be lower than that obtained for a partition tested in a laboratory because of flanking transmission and construction errors. Typical STC ratings and their effectiveness are shown below in Table 1. TABLE 1: Common STC Ratings and Insulation Effectiveness STC Rating Privacy Afforded 25 Normal speech understood at close distances 30 Normal speech audible, but unintelligible 35 Loud speech understood 40 Loud speech audible, but unintelligible 45 Loud speech barely audible 50 Shouting barely audible 55 Shouting not audible GENERAL APPROACH AND METHODOLOGY The analysis methodology used to examine sound transmission and resultant interior noise levels is identified in the American Society of Testing and Materials (ASTM) guidelines Volume 04.06 entitled, "Thermal Insulation; Environmental Acoustics" Test Designation: E 413-87. Acoustical modeling of the project was performed in accordance with the above guidelines and included corrections for the following parameters: S Exterior noise level adjustment in front of each building element. il Exterior noise spectrum placement in front of each building element. E3 Correction for building facade reflection (per ASTM E 966-84). S3 Incident angle source correction (per ASTM E 966-84). u§ Room absorption correction. §=! Building element correction and adjustment (per ASTM E 413-87). 8S Geometric (sizing) and workmanship (construction error) corrections. The exterior noise level at the proposed structures are calculated in terms of decibels A-weighted (dBA) and converted to six octave band sound pressure levels at: 125, 250, 500, 1000, 2000 and 4000 Hertz. The interior noise level is a function of the sound transmission loss qualities of the construction material and the surface area of each element (wall, window, door, etc.). The interior noise level also depends upon the room's sound absorption characteristics (in Sabins). Mathematically, this can be expressed as shown in Equation 1 below. © 2005 Investigative Science and Engineering, Inc. Ms. Maria Miller Structural Acoustical Analysis / CCR Title 24 Survey La Costa Ridge TM 2.1 Residential Development - Carlsbad, CA ISE Report #05-1 00 September 2, 2005 Page 6 of 8 Fcorr-Acorr+Qcorr (1) where, Zjnt is the interior A-weighted sound level at the ith octave band, L^ is the exterior A-weighted sound level at the ith octave band, TLt is the sound transmission loss at the ith octave band, S is the size of the room fagade in square feet, ^ is the total room absorption in Sabins at the ith octave band, and, FCOrr> -^corr, Qcorr are correction factors for the building fagade reflection, incident angle, and construction quality. ISE assumed that the exterior noise levels were calculated for free-field conditions with no interaction between existing structures. A 3-dBA building facade reflection correction was applied to the as-built structure to simulate local reflection effects. The necessary calculations were performed using the ISE STC-Calc 5. 7 interior noise computation program. APPLICABLE NOISE STANDARDS The California Code of Regulations (CCR), State Building Code, Part 2, Title 24, Appendix Chapter 35; "Noise Insulation Standards for Multifamily Housing" requires that multi-family dwellings, hotels, and motels located where the CNEL exceeds 60 dBA require an acoustical analysis showing that the proposed design will limit interior noise to less than 45 dBA CNEL. Worst-case noise levels, either existing or future, must be used. Future noise levels must be predicted at least ten years from the time of building permit application. The City of Carlsbad has adopted the CCR Title 24 regulations and applies them equally to all residential dwelling units. PREDICTED EXTERIOR NOISE LEVELS The proposed La Costa Ridge TM 2.1 residential development is located within the City of Carlsbad. The primary source of future traffic noise near the project site would be from the combination of traffic along El Puerto Street, Alga Road, Melrose Avenue and Rancho Santa Fe Road. The worst-case exterior noise levels were identified in the project's site noise assessment prepared by ISE, dated 4/06/04 (ISE Report # 04-007). Based upon these earlier findings, identified future worst-case traffic related noise levels at the project site could be as high as 59 dBA CNEL for all first floor areas (no mitigation required) and 61 dBA CNEL for all second floor areas having line-of-sight to Alga Road and/or Rancho Santa Fe Road. © 2005 Investigative Science and Engineering, Inc. Ms. Maria Miller Structural Acoustical Analysis / CCR Title 24 Survey La Costa Ridge TM 2.1 Residential Development- Carlsbad, CA ISE Report #05-100 September 2, 2005 Page 7 of 8 CONSTRUCTION ASSUMPTIONS The following general construction assumptions were applied to each of the units to determine their sound insulation characteristics: Sj3 The roof/ceiling construction should have a minimum STC rating of 46. BO All living spaces examined (i.e., living rooms and bedrooms) should have carpet and pad (i.e., Floor Multiplication Parameter (FMP = 1.0)). [3 Bathroom and closet areas were not examined and thus have no construction limitations. The surface areas and materials for the proposed project were obtained from architectural drawings prepared by Mark Gross & Associates, Inc. (La Costa Ridge, 8/29/05). When the interior noise level was found to be greater than 45 dBA CNEL, the value was recalculated for a closed window condition. Further recalculation was done to determine the minimum window-glazing requirement. Construction practices may degrade the calculated acoustical performance of walls and window assembles. The interior noise levels have been predicted in accordance with generally accepted acoustical methods and assume good construction techniques. FINDINGS AND MITIGATION Based upon the model results, the estimated interior noise levels would be as high as 52 dBA CNEL with the windows open and would require a closed window condition to comply with the CCR Title 24 requirements. Mechanical ventilation would be required and should meet specific City requirements for these units. The required acoustical treatments for the proposed La Costa Ridge TM 2.1 residential development are summarized below in Table 2 for the second floor areas. The table shows STC ratings for all assemblies within the development. The necessary octave-band transmission losses are given in Table 3. The complete modeled results are provided as an attachment to this report. TABLE 2: Structural Acoustical Requirements - Second Floor Areas Room Building Element STC Rating All Rooms/All Units Roof/ Wall Assembly 46 All Glass Assemblies 18 Source: ISE STC-Calc 5.7 © 2005 Investigative Science and Engineering, Inc. Ms. Maria Miller Structural Acoustical Analysis / CCR Title 24 Survey La Costa Ridge TM 2.1 Residential Development - Carlsbad, CA ISE Report #05-100 September 2, 2005 Page 8 of 8 TABLE 3: Octave Band Transmission Loss in dB - TM 2.1 Residential Octave Band (Hz) STC 46 (Roof/ Walls) STC 18 (Window Assemblies) STC 18 (Door Assemblies) 125 27.0 13.0 13.0 250 42.0 12.0 16.0 500 44.0 15.0 19.0 1000 46.0 17.0 19.0 2000 49.0 21.0 16.0 4000 54.0 24.0 20.0 No further mitigation beyond that listed in Table 2 above is required. Should you have any questions regarding the findings identified herein, please do not hesitate to contact me at (858) 451-3505. Sincerely, Rick Tavares, Ph.D. Project Principal Investigative Science and Engineering, Inc. Cc: Jeremy Louden, ISE Attachments: Interior Noise Calculation Spreadsheets © 2005 Investigative Science and Engineering, Inc. 1 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Facade (dBA CNEL): Incident Angle Correction: Building Fafade Correction: Quality Correction: Assembly # 1 2 3 4 Plan 1xA-BDRM3-Floor2 203.58 9 1832.22 0.9 183.222 Traffic (NBS Spectrum, 1978) 61 -3 3 1 ' Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Contribution (dBA) STC Rating Operable % Area (sq-ft) (Closed) (Open) 46.0 0.0 346.5 28.1 28.1 18.0 50.0 14.0 37.9 45.6 18.0 50.0 6.8 37.8 45.5 18.0 50.0 17.5 38.9 46.6 Sum (£):43.1 50.7 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) 125 Hz 27.0 13.0 13.0 13.0 250 Hz 42.0 12.0 12.0 12.0 500 Hz 44.0 15.0 15.0 15.0 1000 Hz 46.0 17.0 17.0 17.0 2000 Hz 49.0 21.0 21.0 21.0 4000 Hz 54.0 24.0 24.0 24.0 2 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Facade (dBA CNEL): Incident Angle Correction: Building Facade Correction: Quality Correction: Assembly # 1 2 3 Plan 1xA-BDRM2-Floor2 263.5 9 2371.5 0.9 237.15 Traffic (NBS Spectrum, 1978) 61 -3 3 1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Contribution (dBA) STC Rating Operable % Area (sq-ft) (Closed) (Open) 46.0 0.0 252.0 25.6 25.6 18.0 50.0 18.0 37.9 45.6 18.0 50.0 9.0 39.7 47.4 Sum (£):42.0 49.6 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) 125 Hz 27.0 13.0 13.0 250 Hz 42.0 12.0 12.0 500 Hz 44.0 15.0 15.0 1000 Hz 46.0 17.0 17.0 2000 Hz 49.0 21.0 21.0 4000 Hz 54.0 24.0 24.0 3 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Fagade (dBA CNEL): Incident Angle Correction: Building Facade Correction: Quality Correction: Assembly # 1 2 3 4 5 6 Plan 1xC-Bonus-Floor 2 426.25 9 3836.25 0.9 383.625 Traffic (NBS Spectrum, 1978) 61 -3 3 1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) French Door - 3/32 Glass (NBS W-94-71) Contribution (dBA) STC Rating 46.0 18.0 18.0 18.0 18.0 18.0 Operable % 0.0 50.0 50.0 50.0 50.0 50.0 Area (sq-ft) 384.0 11.3 13.5 9.0 18.0 18.8 (Closed) 25.3 33.8 37.6 35.8 35.8 34.4 (Open) 25.3 41.5 45.3 43.5 43.5 43.0 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) French Door - 3/32 Glass (NBS W-94-71) 125 Hz 27.0 13.0 13.0 13.0 13.0 13.0 250 Hz 42.0 12.0 12.0 12.0 12.0 16.0 500 Hz 44.0 15.0 15.0 15.0 15.0 19.0 Sum (Z): 1000 Hz 46.0 17.0 17.0 17.0 17.0 19.0 42.8 2000 Hz 49.0 21.0 21.0 21.0 21.0 16.0 50.5 4000 Hz 54.0 24.0 24.0 24.0 24.0 20.0 4 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Fagade (dBA CNEL): Incident Angle Correction: Building Facade Correction: Quality Correction: Assembly # 1 2 3 Plan 2A - BDRM 3 - Floor 2 187.5 9 1687.5 0.9 168.75 Traffic (NBS Spectrum, 1978) 61 -3 3 1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Contribution (dBA) STC Rating Operable % Area (sq-ft) (Closed) (Open) 46.0 0.0 309.5 28.0 28.0 18.0 50.0 15.0 41.6 49.3 18.0 50.0 12.5 40.8 48.5 Sum (£): Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) 125 Hz 27.0 13.0 13.0 250 Hz 42.0 12.0 12.0 500 Hz 44.0 15.0 15.0 1000 Hz 46.0 17.0 17.0 44.3 2000 Hz 49.0 21.0 21.0 52.0 4000 Hz 54.0 24.0 24.0 5 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Fa?ade (dBA CNEL): Incident Angle Correction: Building Facade Correction: Quality Correction: Assembly # 1 2 Plan 2C - BDRM 4 - Floor 2 161 9 1449 0.9 144.9 Traffic (NBS Spectrum, 1978) 61 -3 3 1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Contribution (dBA) STC Rating Operable % Area (sq-ft) (Closed) (Open) 46.0 0.0 219.0 27.1 27.1 18.0 50.0 8.0 41.3 49.0 Sum (£):41.5 49.0 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) 125 Hz 27.0 13.0 250 Hz 42.0 12.0 500 Hz 44.0 15.0 1000 Hz 46.0 17.0 2000 Hz 49.0 21.0 4000 Hz 54.0 24.0 6 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Facade (dBA CNEL): Incident Angle Correction: Building Facade Correction: Quality Correction: Assembly # 1 2 3 Plan 2A - Bonus - Floor 2 320 9 2880 0.9 288 Traffic (NBS Spectrum, 1978) 61 -3 3 1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Contribution (dBA) STC Rating Operable % Area (sq-ft) (Closed) (Open) 46.0 0.0 288.0 25.3 25.3 18.0 50.0 9.0 38.8 46.5 18.0 50.0 9.0 37.1 44.8 | Sum (£):41.2 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) 125 Hz 27.0 13.0 13.0 250 Hz 42.0 12.0 12.0 500 Hz 44.0 15.0 15.0 1000 Hz 46.0 17.0 17.0 2000 Hz 49.0 21.0 21.0 48.8 4000 Hz 54.0 24.0 24.0 7 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Fafade (dBA CNEL): Incident Angle Correction: Building Facade Correction: Quality Correction: Assembly # 1 2 3 Plan 2D - BRDM 2 - Floor 2 240.5 9 2164.5 0.9 216.45 Traffic (NBS Spectrum, 1978) 61 -3 3 1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Contribution (dBA) STC Rating Operable % Area (sq-ft) (Closed) (Open) 46.0 0.0 386.3 27.8 27.8 18.0 50.0 12.5 41.5 49.2 18.0 50.0 3.8 31.5 39.2 Sum (£): Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) 125 Hz 27.0 13.0 13.0 250 Hz 42.0 12.0 12.0 500 Hz 44.0 15.0 15.0 1000 Hz 46.0 17.0 17.0 42.1 2000 Hz 49.0 21.0 21.0 49.6 4000 Hz 54.0 24.0 24.0 8 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Facade (dBA CNEL): Incident Angle Correction: Building Facade Correction: Quality Correction: Assembly # 1 2 3 4 Plan 3A - Master - Floor 2 375 9 3375 0.9 337.5 Traffic (NBS Spectrum, 1978) 61 -3 3 1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) French Door- 3/32 Glass (NBS W-94-71) STC Rating 46.0 18.0 18.0 18.0 18.0 Operable % 0.0 0.0 50.0 50.0 50.0 Area (sq-ft) 172.0 20.0 7.5 15.0 21.0 Contribution (dBA) (Closed) (Open) 22.4 22.4 36.8 36.8 35.6 43.3 35.6 43.3 35.4 44.1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) 125 Hz 27.0 13.0 13.0 13.0 250 Hz 42.0 12.0 12.0 12.0 500 Hz 44.0 15.0 15.0 15.0 Sum (£):42.0 48.6 1000 Hz 46.0 17.0 17.0 17.0 2000 Hz 49.0 21.0 21.0 21.0 4000 Hz 54.0 24.0 24.0 24.0 French Door - 3/32 Glass (NBS W-94-71)13.0 16.0 19.0 19.0 16.0 20.0 9 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Facade (dBA CNEL): Incident Angle Correction: Building Facade Correction: Quality Correction: Assembly # 1 2 Plan 3A - BDRM 2 - Floor 2 151.92 9 1367.28 0.9 136.728 Traffic (NBS Spectrum, 1978) 61 -3 3 1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Contribution (dBA) STC Rating Operable % Area (sq-ft) (Closed) (Open) 46.0 0.0 78.0 22.9 22.9 18.0 50.0 15.0 42.5 50.2 Sum (£):42.6 50.2 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) 125 Hz 27.0 13.0 250 Hz 42.0 12.0 500 Hz 44.0 15.0 1000 Hz 46.0 17.0 2000 Hz 49.0 21.0 4000 Hz 54.0 24.0 10 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Facade (dBA CNEL): Incident Angle Correction: Building Facade Correction: Quality Correction: Assembly # 1 2 Plan 3A - BDRM 3 - Floor 2 143 9 1287 0.9 128.7 Traffic (NBS Spectrum, 1978) 61 -3 3 1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Contribution (dBA) STC Rating Operable % Area (sq-ft) (Closed) (Open) 46.0 0.0 55.5 21.7 21.7 18.0 50.0 15.0 42.8 50.5 | Sum (£):42.8 50.5 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) 125 Hz 27.0 13.0 250 Hz 42.0 12.0 500 Hz 44.0 15.0 1000 Hz 46.0 17.0 2000 Hz 49.0 21.0 4000 Hz 54.0 24.0 11 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Facade (dBA CNEL): Incident Angle Correction: Building Fapade Correction: Quality Correction: Assembly # 1 2 3 Plan 3B - Game - Floor 2 338.25 9 3044.25 0.9 304.425 Traffic (NBS Spectrum, 1978) 61 -3 3 1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) Contribution (dBA) STC Rating Operable % Area (sq-ft) (Closed) (Open) 46.0 0.0 304.3 25.3 25.3 18.0 50.0 19.3 37.1 44.8 18.0 50.0 10.0 37.3 45.0 French Door - 3/32 Glass (NBS W-94-71)18.0 50.0 21.0 35.9 44.5 Sum (£):41.7 49.6 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Window - 3/32 Glass (NBS W-23-72) 125 Hz 27.0 13.0 13.0 250 Hz 42.0 12.0 12.0 500 Hz 44.0 15.0 15.0 1000 Hz 46.0 17.0 17.0 2000 Hz 49.0 21.0 21.0 4000 Hz 54.0 24.0 24.0 French Door - 3/32 Glass (NBS W-94-71)13.0 16.0 19.0 19.0 16.0 20.0 12 Room Type: Floor Area: Ceiling Height: Room Volume: FMP: Room Absorption (Sabins): Noise Source: Level @ Facade (dBA CNEL): Incident Angle Correction: Building Facade Correction: Quality Correction: Assembly # 1 2 Plan 3C - BDRM 4 - Floor 2 147.6156 9 1328.5404 0.9 132.85404 Traffic (NBS Spectrum, 1978) 61 -3 3 1 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) Contribution (dBA) STC Rating Operable % Area (sq-ft) (Closed) (Open) 46.0 0.0 196.5 27.0 27.0 18.0 50.0 12.5 43.6 51.3 Sum (£):43.7 51.3 Construction Stucco Wall (NBS W-50-71) Window - 3/32 Glass (NBS W-23-72) 125 Hz 27.0 13.0 250 Hz 42.0 12.0 500 Hz 44.0 15.0 1000 Hz 46.0 17.0 2000 Hz 49.0 21.0 4000 Hz 54.0 24.0 JasonjGoff - La Costa Ridge project , '" " '..__.....' ,jZ.I.ik,,,,... !!___. - 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From: "Anita Knight" <anita@focus-usa-1 .com> To: <jgoff@ci.carlsbad.ca.us> Date: 09/08/2005 1:53:38 PM Subject: La Costa Ridge project Hi Jason, I just received the early public notice about La Costa Ridge 2.1 and 2.2. I have been watching the development for quite a while and I am trying to figure out if there will be houses at the top of the ridge. I live on Code Diana and would hate to have houses looking down on us. I had heard that the development will be contained on the other side and we will not see homes...is that true? It's impossible to tell from the map where the 90 homes are going to be located. And which part of the development is gated? And last question..on the enclosed satellite map my home falls into the dotted line...what does that represent? thanks! Anita Knight Anita Knight National Sales Manager Focus USA "Celebrating Over 10 Years of Delivering Data Solutions, Superior Service and Commitment" phone 760-918-1690 fax 760-918-2494 anita@focus-usa-1 .com http://www.focus-usa-1 .com Henthorn & Associat^ 5365 Avenida Encinas, Suite A Carlsbad, California 92008 ' ' (760)438-4090 Fax (760) 438-0981 September 23, 2005 Jason Goff City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Villages of La Costa, La Costa Ridge Neighborhoods 2.1 & 2.2 - PUD 04-01 (A) Resubmittal Package Dear Mr. Goff: Enclosed is the re-submittal package for the La Costa Ridge - Neighborhoods 2.1 &. 2.2 project by Pulte Homes. The project has been revised to reflect the issues of concern identified in the City's letter dated September 1, 2005. Each of the items contained in the letter are addressed below: PLANNING; ISSUES OF CONCERN 1. Even though the interior acoustical analysis is traditionally conducted during the building permit processing phase, the applicant has prepared the interior analysis as requested. We have included two copies of the report for your files. 2. The courtyard wall for the Spanish Colonial elevation on the Plan 1 has been revised so that it does not protrude into the front yard setback. Please refer to the enclosed site plan and architecture for details. 3. The slope indicator has been revised to show the correct direction of the slope to the rear of Lots 73 &. 74. 4. The unit summary table has been revised to reflect the maximum building heights proposed for the project elevations. 5. Per your conversation with the project architect, Doug McBeth, the building heights indicated include allowances for the ridge tiles. The building heights will be accurately shown on the construction documents and will not exceed the indicated heights on the enclosed architecture plans. The conceptual drawings are drawn to scale but are only scalable to within a certain tolerance due to the hand drawn nature of the plans. 6. Please see response to No. 5 above. -1- ENGINEERING; ISSUES OF CONCERN > • - 1. Geocon Inc. had previously prepared a letter that was included with the initial, submittal package that stated if drainage swales are planned to be located within 5 feet of the structure perimeter that the footings should be deepened to accommodate minimum foundation embedment. The actual locations of the deepened footings will be determined and shown on the construction plot plans for the City's precise grade plancheck process. 2. Included with the resubmittal package are the reference drawings that are listed on the site plan. Included in the reference drawings is DWG No. 420-4A that shows the location of the previously approved retaining walls with the neighborhood tentative map, CT 04-02. - 3. The final map for the neighborhoods' tentative map, CT 04-02, is currently in the process of being recorded and the legal description, as well as the easement information on Sheet 9, will be updated once the recordation information is obtained. Recordation of the easements and final map should occur within the next month. 4. Included within the resubmittal package is an exhibit that illustrates the conceptual locations of the sewer and water laterals as well as the driveways for each lot. The exact locations of the laterals and driveways will be determined when the plot plans are generated for the City's plancheck process during final engineering. The typical location of the sewer and water laterals are shown on the "Typical Lot Drainage and Lateral Location Detail" on Sheet 2 of the enclosed site plan. Included on Sheet 3 of the site plan are the typical driveway widths for each plan type. These widths along with the location of the laterals may vary dependent on a lot-by-lot basis due to unique characteristics of each lot coupled with the proposed plan type. 5. : The line of sight adjacent to Lot 64 has been labeled as requested. 6. The driveway apron has been revised on Lot 21. 7. Please see the response to No. 3 above. POLICE; ISSUES OF CONCERN 1. The police comments are noted and will be taken into consideration while preparing the construction documents for the building permits. The comment relating to the side entry of Plan 1 is confusing because all of the proposed plan types include a front entrance door that is oriented to the front of the house. FIRE; ISSUES OF CONCERN 1. The CC&R's for the La Costa Ridge Village have been recorded and are on file with the Planning Department. Individual restrictions to individual lots with specific graphics are not prepared until final engineering has begun and the exact location of -2- . > .: - . the unit is established on the precise grade plan. In addition, the subject neighborhoods do not have fire suppression that encroaches onto the residential pads. 2. The address sign proposals will not be determined until the building permit plancheck process has been initiated. The applicant notes your concern and will provide the Fire department the opportunity to review the address signage when it is available. If you have any questions or need any additional information, please feel free to contact myself at (760) 438-4090 ext 104 or e-mail me at benne-ttCfeihenthorn.com. Sincerely, • , BryafrD. Bennett Senior Planner . - encl. Resubmittal Package - Neighborhoods 2.1 & 2.2 (PUD 04-01 (A)) cc: Kevin Bryan, Pulte Homes Marybeth Murray, Hunsaker & Associates : , ' Doug McBeth, Mark Gross & Associates . file . . ' JHA/BDB/VLCN. 2.1&2.2 -3- City of Carlsbad Police Department Date: October 6, 2005 To: Jason Goff - Planning Department From: J. Sasway, CPS - Police Department Subject: La Costa Ridge 2.1 and 2.2 Plan Review Recommendations /'' Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model statewide standards. The recommendations are presented in two sections, site considerations and building recommendations. Site Considerations Building Placement - Creating Defensible Space Strategies to consider: Clearly define the identity of the development and its perimeters making it unique and exclusive. Provide clearly defined transitions from public to private space. Use landscaping, fencing and ground cover to create territoriality and ownership for the property. Design space to increase the perception of natural surveillance. Consider that if people feel comfortable and safe in all areas, they are more likely to use the areas. Areas of Concern: The police department discourages house that are designed to include areas such as alcoves and side or back inset courtyards that prevent surveillance to the windows and doors in that area, as they increase the risk of burglary. If the house has such a design, give special consideration to the windows and doors in that area through lighting, glazing and enhanced hardware. Lighting The police department recommends that individual homes be equipped on all sides with lighting fixtures. Lights should be installed on the house preferable in the eaves to illuminate the walls of the house. Lights should be on dawn to dusk sensors or timers. All garage and pedestrian doors should have a light fixture that is capable of illuminating the door. It is further recommended that the lights be on timers or dawn to dusk sensors. 256O Orion Way • Carlsbad, CA 92OO8-728O • (76O) 931-21OO - FAX (760)931-8473 Landscaping For surveillance and security, Tree canopies should not be lower than five feet. Do not allow trees to provide access to roofs or balconies. Let landscaping augment, not deter from lighting and addressing. Plant low profile shrubs and maintain below three feet. Apply security plants where necessary to prevent loitering and tampering Install walls and fences that are see through for surveillance. Install lockable gates that allow surveillance Keep entranceways clear of clutter Addressing Numerals should be located where they are clearly visible from the street on which they are addressed. They should be of a color contrasting to the background to which they are affixed. Numerals shall be no less than four inches in height and illuminated during the hours of darkness. Entrances Keep entranceways clear of clutter. Ensure you allow vision from the front access street to front door entrance. Building Considerations Consider - Locating high-activity rooms and areas so they face public and semi-public areas. Doors The police department discourages the use of glass within 42 inches of a locking device as it increases the risk of burglary. If the glass is used, it should be covered with burglary resistant glazing. Install wooden doors 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, equip all doors with a single cylinder dead-bolt lock using a 5-pin tumbler. Connect the deadbolt to the inner portion of the lock by connecting screws. Ensure the lock has a one- inch throw that can withstand a cutting tool attack. Choose a deadbolt that embeds at least three-fourths of an inch into the strike plate. Arrange entrance door 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 a 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. Strike Plates Strike plates for deadbolts on all wood framed doors should be constructed of a minimum 16 U.S. gauge steel, bronze, or brass and secure to the jamb by a minimum of two screws, which should penetrate at least two inches into the solid backing beyond the surface to which the strike is attached. Sliding Doors Install metal guide tracks at the top and bottom of horizontal sliding door. The bottom track should be so designed that the door cannot be lifted from the track when the door is in the locked position. Ensure the door has the appropriate hardware preventing it from being forces to slide or rise. Double Doors When pairs of doors are used, a one-piece assembly attached to the full-length edge of the inactive door leaf, incorporating an astragal and flush-bolts for the header and threshold, will take the place of a strike plate, provided the assembly is constructed of aluminum or steel and is a minimum of one-eighth inch in thickness. 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. Keying Upon occupancy by the owner, each single unit in a group constructed under the same general plan, should have locks using combinations that are interchange free from locks used in all other separate dwellings. Windows Equip all movable windows with security hardware to prevent them from being lifted from the frame or forced to slide. This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security or employee security issues, please contact the Crime Prevention Unit at (760) 931-2105. By, Jodeene R. Sasway Crime Prevention Specialist Carlsbad Police Department (760) 931-2195 I 1.III.Z1 -Z^~"I ~'""'_~'._17^17777/..Page 1' From: "Bryan Bennett" <bennett@jhenthorn.com> To: "'Jason Goff" <Jgoff@ci.carlsbad.ca.us> Date: 10/14/2005 1:46:27 PM Subject: RE: La Costa Ridge 2.1 & 2.2 (2nd Review) Jason, Instead of writing out another letter to you addressing your concerns, I thought it would be easier just to address them as a response to your e-mail. The plans just left our office for delivery and should be to you shortly. The following responses address your comments from below: 1. The site plan and color composites have all been updated and are consistent with the enclosed architecture. New prints of the site plan and color composites were included in the resubmittal package for your review. 2. The lot data tables have also been updated to reflect the modifications to the site plan and were enclosed in the package for your review. 3. The architecture compliance table has been updated to reflect the modifications to the architecture and site plan. The modifications included the update to the average front yard setback, revision to the number of building planes for the Plan 3 EC and updating the compliance text for the 'Porches, Balconies and Courtyards' standard. 4. The heading for the 'Individual Lot Data' table was revised to correctly identify the subject neighborhoods. 5. Per our phone conversation, this issue dealt directly with your previous comment regarding the courtyard wall on Lot 60 encroaching into the front yard setback and to make sure that all of the plans were corrected accordingly. Since this only occurs on Lot 60, the applicant is proposing to reduce the depth of the courtyard by 2 feet only on the affected lot. We have included, on both the architecture plans as well as the site plan, notes that call for a reduced courtyard only on Lot 60. The remaining Plan 1 Spanish elevations will have the full-sized courtyard as illustrated on the architecture plans. Let me know if there is anything else that needs to be updated on the plans and whether you were successful in talking with Gary about a hearing date. Thanks Bryan Bennett Senior Planner Jack Henthorn & Associates Ph: (760) 438-4090 ext 104 Fax: (760) 438-0981 E-mail: bennett@jhenthorn.com —Original Message— From: Jason Goff [mailto:Jgoff@ci.carlsbad.ca.us] Sent: Wednesday, October 12, 2005 1:50 PM To: bennett@jhenthorn.com Cc: Gary Barberio Subject: La Costa Ridge 2.1 & 2.2 (2nd Review) Bryan, We cannot undertake a second review of PUD 04-01 (A) until such time as all the plans and data have been updated to reflect the architectural I.Jason Gpff^JREfLa_CosfaTRidge'2.1 & 2.2J2r\d'Review) changes Pulte made to the plans in between the initial submittal and the 2nd review. 1. Both the colored Site Plan and the Sewer/Water Lateral exhibit will need to be updated to reflect the changes made to the architecture and setbacks on certain homes. 2. The Front Building Plane Data, Frontyard Setback Tables and Individual Lot Data needs to be updated to reflect those changes as well. 3. Council Policy #44 - Compliance Table that you provided will need to be updated as well. 4. The heading on the Individual Lot Data Table needs to be changed from La Costa Green Neighborhood 1.08 to "La Costa Ridge Neighborhoods 2.1 &2.2." 5. All the revised plans also need to reflect the issues previously discussed in my letter of completeness dated September 1, 2005. The City asks that you provide five (5) complete sets of the development plans so that the project can continue to be reviewed. Please contact me immediately if you have any questions pertaining to this email. CC: "Kevin Bryan (E-mail)" <kevin.bryan@pulte.com>, "Maria Miller (E-mail)" <Marla.Miller@pulte.com>, "Marybeth Murray (E-mail)" <MMurray@HunsakerSD.com> mCity of Carlsbad Planning Department October 26, 2005 Brian Bennett Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 SUBJECT: PUD 04-01 (A) - VILLAGES OF LA COSTA, RIDGE VILLAGE, NEIGHBORHOODS 2.1 & 2.2 Your application has been tentatively scheduled for a hearing by the Planning Commission on December 21, 2005. However, for this to occur, you must submit the additional items listed below. If the required items are not received by November 22, 2005, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 10 copies of your (site plans, landscape plans, building elevation plans, floor plans) on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One 81/z" x 11" copy of your reduced site plan, building elevation and floor plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel —- number from the latest equalized assessment rolls. B) 100' Occupant List - (Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SOF LA COSTA, RIDGE VILLAGE, NEIGHBPUD 04-01 (A)- VILLAGES OF LA COSTA, RIDGE VILLAGE, NEIGHBORHOODS 2.1 & 2.2 October 26, 2005 Page 2 C) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single-family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, JASON GOFF Associate Planner JAGO:aw Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: I" City of Carlsbad Planning Department November 29, 2005 Bryan Bennett Jack Henthorn and Associates Suite A 5365 Avenida Encinas Carlsbad CA 92008 SUBJECT: PTJD 04-01 (A) - VILLAGES OF LA COSTA RIDGE NEIGHBORHOODS 2.1 &2.2 The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, December 7, 2005. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on December 12, 2005. A twenty (20) minute appointment has been set aside for you at 9:30. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Jason Goff at (760) 602-4643. DON NEU Assistant Planning Director DN:JAGO:bd c: File Copy David Rick, Project Engineer 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Planning Department PLANNING COMMISSION NOTICE OF DECISION December 28, 2005 Putle Homes Suite 101 5993 Avenida Encinas Carlsbad CA 92008 SUBJECT: PUD 04-01(A) - VILLAGES OF LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 At the Planning Commission meeting of December 21, 2005, your application was considered. The Commission voted 5-0 to RECOMMEND APPROVAL. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, DON NEU Assistant Planning Director DN: JAGO:aw Enclosed: Planning Commission Resolution No. 6007 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us STATE OF CALIFORNIA ^ / * Governor's Office of Planning and Research ^ State Clearinghouse and Planning Unit Arnold Sean Walsh' Schwarzenegger Director Governor March 1,2006 Jason Goff . City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92009 Re: Notice of Determination PUD 04-01 (A)- Villages of La Costa Ridge, Neighborhoods 2.1 & 2.2 SCH#: 2006029038 Dear Jason Goff: The State Clearinghouse has received and posted your Notice of Determination (NOD) for the above project. For each NOD filed with the State Clearinghouse, we attempt to match the NOD to our record of the prior draft Environmental Impact Report (EIR) or Negative Declaration that was submitted for state level review. In the case of the subject NOD, we can find no record of a prior draft EIR or Negative Declaration having been submitted to the State Clearinghouse. Please let us know if the prior EIR/Negative Declaration was, in fact, submitted to the State Clearinghouse for state level review so that we may correct our records. Please refer to the CEQA Guidelines for EIR/Negative Declaration submittal requirements (Public Resources Code Sections 15205 and 15206) and NOD filing requirements (PRC Sections 15075 and 15094). If you have any questions regarding this notice, please contact the State Clearinghouse at (916) 445-0613, or send an e-mail to state.clearinghouse@opr.ca.gov. Sincerely, Terry Rofferts Director, State Clearinghouse cc: file 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov From: Jason Goff To: state.clearinghouse@opr.ca.gov Date: 03/07/2006 8:36:30 AM Subject: SCH#: 2006029038 Dear Terry Roberts: Re: SCH#: 2006029038 The EIR we referenced in our report has a State Clearinghouse No. 1999011023, our filing number is EIR 98-07. Hopefully this helps you in locating the EIR we have referenced. Can you please contact me one way or the other as to whether this clarifies the issue. I can be reached by email or telephone at (760) 602-4643. Thank you. Jason Goff Associate Planner City of Carlsbad Planning City of Carlsbad Public Works — Engineering April 19, 2006 Maria Miller Pulte Home Corporation 5993 Avenida Encinas, Suite 101 Carlsbad, CA 92008 COMPLETION OF GRADING PLANCHECK FOR: DWG 420-4D, GR 06-21 PROJECT NAME & NO.: La Costa Ridge Neighborhoods 2.1 & 2.2, CT 04-02 This correspondence is to inform you that the City Engineer has signed the Grading Plans for the project noted above. These plans are now the property of the City of Carlsbad and have been filed for permanent record with this office. Signature of your Grading Plans clears the way for issuance of your grading permit subject to the limitations and requirements of City Ordinances, your conditions of approval (if any) and all requirements for outside agency permits such as the Coastal Commission. The approval of these plans by the City of Carlsbad does not authorize the applicant to violate any federal, state, or city laws, ordinances, regulations or policies including, but not limited to, the Federal Endangered Species Act of 1973 and any amendments thereto. Presently, our records indicate your project is clear for grading permit issuance provided the following items are completed to the satisfaction of this office: 1. Submit proof of recordation of the Final Map. 2. Provide the City with three (3) sets of bluelines [two (2) bluelines and one (1)11x17 reduced set] of the approved grading plans. 3. The grading permit fee in the amount of $12,165 has been paid. 4. Apply for a grading permit within the next one (1) year. 5. Provide the City with a copy of this letter. 6. Complete the Grading Permit Application (Attached). Provided that all the above requirements have been met, you may now apply for your grading permit. Please submit all required items to the Engineering Development Services Counter at 1635 Faraday Avenue. Please be aware that fees are subject to change. You may wish to verify permit fees before coming in and applying for your permit. You may obtain the blueline sets and any other reproductions you desire through one of several bonded blueprint firms in the area at your cost. Your grading permit will be issued when all of the above items have been completed. After permit issuance, contact the Engineering Inspection Request Line at 438-3891 to set up a preconstruction meeting with your Inspector. The inspector will bring the permit and give you your copy at the preconstruction meeting. PLEASE DO NOT BEGIN CONSTRUCTION UNTIL YOU HAVE RECEIVED YOUR PERMIT FROM YOUR PUBLIC WORKS INSPECTOR. H:\Development Services\Mastefs\Letters -VGRADING PLANCHECK COMPLETION LTR 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-2720 • FAX (76O) 6O2-8562 Pulte Home Corporation April 19,2006 Page 2 of 2 In addition the following items will be required during the construction of your project. Coordinate the timing of these items with your Construction Inspector: 1. An approved Haul Route Permit prior to hauling any construction equipment or materials onsite or offsite. Allow 2 working days for approval. 2. An approved Traffic Control Plan and a valid Right of Way Permit prior to any work in the public right of way. Allow one week for approval. 3. Obtain a Retaining Wall Permit from the Building Department, if required. Thank you for your cooperation and assistance in this matter. It has been a pleasure working with you through the plancheck process. If you have any questions, please feel free to call me at 760- 602-2781. Respectfully, RICK Assistant Engineer Project Planner: Jason Goff Inspection: Office Specialist Permit Station - Front Counter File Attachments: Grading Permit Application Right of Way Permit Packet H:\Dev*lopment ServicesWIasterstLetters AGRADING PLANCHECK COMPLETION LTR Rev. 11/6/2002 (ATTACHMENT "2" CERTIFICATION OF POSTING I certify that the "Notice of Project Application" has been posted at a conspicuous location on the site on SIGNATURE: PRINT PROJECT NAME: U Z.I M 2.1 PROJECT NUMBER: TUP 04" D\ (A LOCATION: RETURN TO: - S1& . I B Sf. -Sia. (Planner) CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue Carlsbad, CA 92008-7314 y I • •„••"-. '... 11 O f ma ^ ..•• BB jjlr ^ JL A ^^ OF PROJECT APPLICATION FNAME JL JL V/J LA COSTA RIDGE 2.1 & 2.2 PUD 04-01(A) ARCHITECTURAL & SITE PLAI^f REVIEW OF 90 RESIDENTIAL S WITHIN NEIGHBORHOODS 2. 2.2 OF LA COSTA RIDGE SUBD M. - ASSOCIATE P'lj KE ke LECTOR OF > • . ? •.• ••;y.;l'. .v --• Is (§."'''*'.' "''" . . ' ' •::.. '" ' 1 ^*^': ^ - -,- .' •fl'S ! ; ' \ .- NAME: • ' PROJECT NUMBER: DESCRIPTION: NOTICE OF PROJECT APPLICATION ' -, ^ LA COSTA 2.1 & 2.2 CfTVOFCA; : j ) ' PLANNING V NT JASON GOFF - ASSOCIATE PLANNER ITECTURAL & SITE PLAN :\V OF 90 RESIDENTIAL LOTS [N NEIGHBORHOODS 2.1 & LA COSTA RIDGE SUBDIVISION/ JECT APPLICANT/REPRESENTATIVE ([RECTOR OF iVD DEVEU I 1' , fW', • Xff M ,. . ^ ^ . .- .- - ^ -,- ^ ,•HHHH Ml m •;.••:: • .-•-:->y-' •": '•. •.•••,"• : 1 BW --' ^g NOTICE OF PROJECT PROJECT NAME: PROJECT NUMBER; LACOSTA 2j&2J PUD 04-01(A) P ARCHITECTURAL &"SITE PLAN DESCRIPTION: REVIEW OF 90 RESIDENTIAL LOTS ;:V NEIGHBORHOODS 2.1 & 2.2 OF LA COSTA RIDGE SUBDIVISION. CITY OF CARLSBAD PLANNING DEPARTMENT JASON GOFF - ASSOCIATE PLANNER i.carlsbad.ca.us (f6i) 602-4643 PROJECT APPL1CA1S" ! ;VE PUI KE EN' kev (761 DIRECTOR OF AND DEVELOPMENT •U: i-2147 •.'.. > ,% CS^sA^;%;^ ! ' ^iw * I..' " <" • -••*' , •**; -":"-. " \* •".'." Ss I s -f I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER La Costa Ridge. Neighborhoods 2.1 & 2.2 - PUD 04-01 (A) APPLICAJtff OR Af*pUQANTS REPRESENTATIVE BY: RECEIVED BY DATE: 7/fr/KT • • FILE COPY City of Carlsbad Planning Department EARLY PUBLIC NOTICE J PROJECT NAME:LA COSTA RIDGE 2.1 & 2.2 PROJECT NUMBER: PUD 04-01 (A) This early public notice is to let you know that a development for 90 single-family homes on already approved residential lots within the vicinity of your neighborhood was submitted to the City of Carlsbad on August 5, 2005. The project application is undergoing its initial review by the City. LOCATION: The project site is located within The Villages of La Costa Master Plan area, Ridge Village, located east of El Fuerte St. and south of Alga Rd. PROJECT DESCRIPTION: Proposed are 90 single-family detached homes on already approved single-family lots, 80 of which consist of two stories (ranging in height from 24'-6" to 30') and 10 consist of one-story (ranging in height from 21'- 6" to 25'-6"). There are 4 separate and distinct floor plans ranging in size from approximately 2,844 to 4,213 square feet. Homes will include between 3 and 5 bedrooms and will each have an attached 2 or 3-car garage. A variety of architectural styles such as Spanish Colonial, European Country, Italian/Tuscan, and Monterey Ranch are being proposed. Please keep in mind that this is an early public notice. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Jason Goff, Associate Planner at jgoff@ci.carlsbad.ca.us, (760) 602-4643, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us »FILE COPY City of Carlsbad Planning Department NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, December 21, 2005, to consider a request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and a recommendation of approval of a Major Planned Unit Development Permit Amendment for building floor plans, elevations and plotting for the development of 90 single- family detached homes within the Villages of La Costa, Ridge Neighborhoods 2.1 and 2.2, generally located south of Alga Road, east of El Fuerte Street, north of the HCP open space in Neighborhood 2.A, and is located within Local Facilities Management Zone 11 and more particularly described as: Lots 1-90 of the City of Carlsbad Tract CT 04-02, Villages of La Costa - La Costa Ridge - Neighborhoods 2.1 and 2.2, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15167 filed in the Office of the County Recorder of San Diego County on November 2, 2005, as File No. 2005- 0955442 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available online at http://www.ci.carlsbad.ca.us/pdfdoc.html?pid=295 on or after December 14, 2005. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. If you challenge the Major Planned Unit Development Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: PUD 04-01 (A) CASE NAME: VILLAGES OF LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 PUBLISH:DECEMBER 9, 2005 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SITE MAP NOT TO SCALE Villages of La Costa Ridge Neighborhood 2.1 & 2.2 PUD 04-01 (A) PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: This space is for the County Clerk's Filing Stamp thDecember 09tn, 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 09th Day of December , 2005 •RlaffhiriglOjommissibfi: CharhbersS12QO:eans „ ..._„ „_dayaDj^mbeB^2005*lbS:6nsideritheifpl cdrfe^p^ndeficefdeliv"ereastolth"ei6ii• --., Cbpieslbfltneiehvirbnrnentalidocui 1635 Faraday Avenue during regular busin>}tHrb'ugh'Thup^af5and}8;OOiamIb15-00!M; ••.-.^**£^sig&is^es*i**?-^*?i3i^*i:mm®mi3x*&i?$_%m2M%6.Those personspublic hearing.' PUBLISH: December 9, 2005 ..JINGDEPARTMEWU" 1883781 • December 09, 2005 IIMgwWiici!clrTapliJasBdMclMl?pa29l;you nave any questions,-please call tne Hanning Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising Notice of Determination AF To:Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-30M n „ From: CITY OF Planning Department DEPARTMENT —^ 1635 Faraday Avenue^ 0< O Carlsbad, CA^2009 County Clerk *****J' ** R«0^ourty Cler* (?60) 602_46ob<5 County of San Diego FEB 1 5 2006 Attn: Rita Garcia, Rm. 260 1600 Pacific Highway San Diego, CA 92112-175^ Project No: PUD 04-01(A)DEPUTY Filing of this Notice of Determination is in compliance with Section 21108 or 21152 of the Public Resources Code. PUD 04-01 (A) - Villages of La Costa Ridge, Neighborhoods 2.1 & 2.2 Project Title N/A City of Carlsbad, Jason Goff (760) 602-4643 State Clearinghouse No. Lead Agency, Contact Person Telephone Number East of El Fuerte St., South of Alga Rd., Carlsbad, CA - San Diego County _ Project Locations (include County) Name of Applicant: Pulte Homes Applicant's Address: 5993 Avenida Encinas, Suite 101, Carlsbad, CA 92008 Applicant's Telephone Number: (760) 795-2200 Project Description: A determination that the project is within the scope of the previously certified Villages of La Costa Program EIR 98-07 and that the Program EIR 98-07 adequately describes the activity for the purposes of CEQA; and to approve a Major Planned Unit Development Permit Amendment for building floor plans, elevations and plotting for the development of 90 single-family detached homes within the Villages of La Costa Ridge, Neighborhoods 2.1 and 2.2. The lots for this neighborhood were created through Tentative Map (CT 04-02) and Planned Development Permit (PUD 04-01), approved by the City Council on November 16, 2004. This is to advise that the City of Carlsbad has approved the above described project on February 7, 2006, and has made the following determination regarding the above described project. 1. 2. 3. 4. 5. 6. This is iect The project will not have a significant effect on the environment An Environmental Impact report (EIR 98-07) was prepared for this project pursuant to the provisions of CEQA. Mitigation measures were made a condition of the approval of EIR 98-07. A mitigation reporting or monitoring plan was adopted for EIR 98-07. A statement of Overriding Considerations was adopted for EIR 98-07. Findings were made pursuant to the provisions of CEQA. to certify that the final Program EIR 98-07 with comments and responses and record of approval is available to the General Public at THE CITY OF CARLSBAD. 2.-9-oe DON NEU, Assistant Planning Director FILED IN THE OFFICER THE^CQUNTY CLERK "R^o*v8d"^n Date Date received for filing at OPR: Posted. Returned to agency on^ Deoutv Revised December 2004 CAOTORNIA DEPARTMENT OF FISH AND CB\ME PO BOX 944209 SACRAMENTO CA 94244-2090 CERTIFICATION OF FEE EXEMPTION De Minimis Impact Finding Project Number/Title/Location (Include County): PUD 04-01 (A) / Villages of La Costa Ridge, Neighborhoods 2.1 & 2.2 / East of El Fuerte Street, South of Alga Road, Carlsbad, CA (San Diego County) Name and Address of Applicant: Pulte Homes 5993 Avenida Encinas, Suite 101 Carlsbad, CA 92008 (760) 795-2200 Project Description: A determination that the project is within the scope of the previously certified Villages of La Costa Program EIR 98-07 and that the Program EIR 98-07 adequately describes the activity for the purposes of CEQA; and to approve a Major Planned Unit Development Permit Amendment for building floor plans, elevations and plotting for the development of 90 single-family detached homes within the Villages of La Costa Ridge, Neighborhoods 2.1 and 2.2. The lots for this neighborhood were created through Tentative Map (CT 04-02) and Planned Development Permit (PUD 04-01), approved by the City Council on November 16, 2004. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the complete Environmental Initial Study, the City of Carlsbad Planning Department finds that the proposed project will not encroach upon wildlife habitat area, will have no potential adverse individual or cumulative effects on wildlife resources, and requires no mitigation measures to be incorporated into the proposed project which would affect fish or wildlife. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. DON NEU Assistant Planning Director Lead Agency: CITY OF CARLSBAD JAGO:aw Date: Z- Section 711.4, Fish and Game Code DFG: 1/91 STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH I OFG753.5a(8-03) Lead Agency: C/'iM- ^58443 Date: County / State Agency of Filing: Sfttl Project Title: PI/D 04~fJft') Project Applicant Name:. Project Applicant Address: O Document No.: / 3 *M 7 2. 1 * 2> /O/,&tJsJ>at/_. CA. . - -Tlf J^J Project Applicant (check appropriate box): Local Public Agency | | School District | | Other Special District | | State Agency [ | Private Entity [)C| CHECK APPLICABLE FEES: '** ( ) Environmental Impact Report ( ) Negative Declaration ( ) Application Fee Water Diversion (State Water Resources Control Board Only) ( ) Projects Subject to Certified Regulatory Programs ( ) County Administrative Fee Project that is exempt from fees ,28850.00 $850.00"'$ $25.00 $ Signature and title of person receiving payment: WHITE-PROJECT APPLICANT YELLOW-DFG/FASB PINK-LEAD AGENCY GOLDENROD-STATE AGENCY OF FILING WlCity of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 21, 2005 Application complete date: September 1, 2005 Project Planner: Jason Goff Project Engineer: David Rick SUBJECT: PUD 04-OUA) - VILLAGES OF LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 - Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and a recommendation of approval of a Major Planned Unit Development Permit Amendment for building floor plans, elevations and plotting for the development of 90 single-family detached homes within the Villages of La Costa, Ridge Neighborhoods 2.1 and 2.2, generally located south of Alga Road, east of El Fuerte Street, north of the HCP open space in Neighborhood 2. A, and is located within Local Facilities Management Zone 11. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6007 RECOMMENDING APPROVAL of Major Planned Unit Development Permit Amendment PUD 04-01 (A) based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project includes approval of architecture and plotting for 90 single-family dwelling units located in the Villages of La Costa Ridge Neighborhoods 2.1 & 2.2. The lots for these neighborhoods were created through Tentative Map (CT 04-02) and Planned Development Permit (PUD 04-01), approved by the City Council on November 16, 2004. The Planned Development Permits were required because of gated entries and private streets. Architecture for the units were not proposed at that time and pursuant to Section 6.2.7 of the Master Plan, could be processed at a later date through a Major Planned Unit Development Permit Amendment. At over 50 units the project requires City Council approval. The applicant is now proposing architecture and plotting for the subject neighborhoods. The proposed one and two-story homes consist of four separate and distinct floor plans with living areas ranging in approximate size from 2,844 to 4,213 square feet. The project incorporates four architectural elevation styles and nine color schemes to provide variation throughout the project. The project complies with City standards including the Villages of La Costa Master Plan and all necessary findings can be made for the approval being requested. o IttFPUD 04-01 (A) - VILLAGESTJF LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 December 21,2005 Page 2 III. PROJECT DESCRIPTION AND BACKGROUND Background On October 23, 2001 the City Council certified the Final Program EIR, approved the Master Plan, a Master Tentative Tract Map and related applications for the Villages of La Costa project. The Villages of La Costa Master Plan establishes the permitted uses, development standards, and design criteria for each neighborhood as well as the development review process to be utilized. Master Tentative Tract Map CT 99-04 subdivided the area into open space areas and established the neighborhood development area boundaries. Tentative Tract Map CT 04-02 created the residential lots for Neighborhoods 2.1 and 2.2. A final map has recorded for The Ridge; grading and improvement plans have been approved, and construction is presently ongoing. Project Description The project site, consisting of Neighborhoods 2.1 and 2.2 of the Villages of La Costa Master Plan's Ridge Village, is generally located south of Alga Road, east of El Fuerte Street, north of the HCP open space in Neighborhood 2.A, and is located in the Local Facilities Management Zone 11. The subject neighborhoods contain 90 single-family residential lots that are a minimum of 7,500 square feet in size. The Master Plan provides for architectural review of the units through the processing of a Major Planned Unit Development Permit Amendment. Because architecture and plotting were not a part of the previous approval, the applicant is now applying for review and approval of building floor plans, elevations, and plotting. Pursuant to the Master Plan, four different floor plans are being proposed with living areas ranging in size from approximately 2,844 to 4,213 square feet. Proposed are 10, one-story units and 80, two- story units, each of which have an attached garage providing parking spaces for two to three cars. The project incorporates four architectural elevation styles and nine different color schemes to provide variation throughout the project. The following table provides a summary of square footage and elevation styles: Table 1 - Summary of Floor Plans Plan No. 1 IX (1 modified) 2 3* 1st Floor Sq. Ft. 2,844 2,490 2,539 2,311 2nd Floor Sq. Ft. 1,171 1,553 2,361 Living Area Sq. Ft. 2,844 3,661 4,092 4,213 Garage Sq. Ft. 530 2 car 601 2 car 596 2 car 656 3 car Total Bldg. Sq. Ft. 3,374 4,262 4,688 5,328 Architectural Styles Spanish Colonial, European Country Spanish Colonial, Tuscan Spanish Colonial, Tuscan, European Country Spanish Colonial, Monterey Ranch, European Country* lit1st Floor Square Footage includes a covered courtyard (213 sq. ft.) and porte cochere (246 sq. ft.) PUD 04-01 (A) - VILLAGES December 21,2005 Page 3 *LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 To determine compliance with the provisions of the Master Plan, a Major Planned Unit Development Permit Amendment (PUD) is required for the development of homes in gated neighborhoods with private roads. IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project's consistency with the standards contained within the Villages of La Costa Master Plan. The project's compliance with the Master Plan is discussed in detail in the section below. Villages of La Costa Master Plan (MP 98-01(C)) The project is located within the Ridge Village area of the Villages of La Costa Master Plan. The Master Plan maps and text define the allowable type and intensity of land uses in each village and provides detailed development and design standards, development phasing and timing, and the method by which the Master Plan will be implemented. The subject neighborhoods were divided into residential lots through CT 04-02, approved on November 16, 2004, and compliance with the Master Plan standards relating to the subdivision were analyzed at that time. An overall goal of the Master Plan is to create a balanced, open space oriented residential community. The development standards contained in the Master Plan support this goal by describing the design elements that are shared by all neighborhoods within the three Master Plan villages. The following table shows compliance of the proposed project with the Architectural/Site Planning Design standards and guidelines contained in the Master Plan. Guideline (VLCMP Reference)Standard Comments Front Yard Setback (4.6.2.B.2.a) 15' minimum, 20' neighborhood average (See VLCMP for instructions about calculating averages) A Porte cochere or arbor structure is allowed within the front yard setback to accommodate applicable alternate garage configurations. The cover cannot exceed 200 square feet in size and must have a 5' minimum setback from property line. Neighborhood Average Front Yard Setback = 26.26' Please refer to the "Front Yard Setbacks" table (Attachment No. 6) for compliance with 15' minimum. All lots comply. Rear Yard Setback (4.6.2.B.2.e) Varies according to Neighborhood's minimum lot size • Min. 6,000 SF lot: 15' minimum setback . Min. 7,500 SF lot: 20' minimum setback . Min. 10,000 SF lot: 20' minimum setback Minimum rear yard area is 15' by 15' All lots comply with Minimum 7,500 SF lot: 20' minimum rear yard setback. All lots provide the required 15' x 15' usable rear yard area. PUD 04-01 (A) - VILLAGES December 21,2005 Page 4 F LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 Guideline (VLCMP Reference)Standard Comments Side Yards (4.6.2.B.2.C) Combined 25% of the minimum standard lot size width for lots less than 60' wide Combined 20% of the minimum standard lot size width for lots 60' and wider Minimum of 5' per side Maximum setback does not need to exceed 20' in aggregate Lots at the end of cul-de-sacs may reduce each side yard to 5' At least 50% of the units in each neighborhood shall have one side elevation where there are sufficient offsets or cutouts so the side yard setback averages a minimum of 7'. Please refer to the "Individual Lot Data" table (Attachment No. 7) for side yard setbacks. All lots comply. Street Side Setback (4,6.2.B.2.d) 10' minimum All street side setbacks of 10' minimum have been met. Slope Edge Building Setback (4,3.4) All main and accessory buildings that are developed on hilltops and/or pads created on downhill perimeter slopes of greater than 15' in height shall be setback so that the building does not intrude into a .7' horizontal to 1' vertical imaginary diagonal plane that is measured from the edge of slope to the building. For all buildings, which are subject to this slope edge building setback standard, a profile of the diagonal plane shall be submitted with all other development application requirements. All proposed units will meet the required slope edge setbacks by maintaining the minimum rear yard setback. Please refer to the Slope Edge Building Setback exhibits on the enclosed plans for further details. Lot Width (4.6.2.B.1) Lot widths vary from 50' to 70' . 6,000 SF lots: 50' . 7,500 SF lots: 60' . 10,000 SF lots: 70' All lots were previously approved by CT 04-02 and have a minimum width of 60'. PUD 04-01 (A) - VILLAGES' December 21,2005 Page5 LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 Building Coverage (4.6.3.B.2) 1-story units: 50% of net pad area 2-story units: 40% of net pad area Includes: • Garages and the perimeter area of a basement. Excludes: • Exterior structures such as covered porches • Permanent structural elements protruding from buildings such as overhanging balconies that project less than 8' from the building • Porte cocheres not exceeding a length of 22' and a width of 8' • Roof eaves extending less than 30" from the face of any building • Awnings • Open parking areas . Structures under 30" in height • Masonry walls not greater than 6' in height (wing-walls, planter walls, grade separation retaining walls). Lot coverage: Plan 1 = 3,374 SF Plan IX = 3,091 SF Plan 2 = 3,135 SF Plan 3 = 2,967 SF Plan type 1 is a single-story unit and where plotted complies with the maximum lot coverage of 50%. Plan IX includes a second story and meets the 40% building coverage where plotted. Plan types 2 & 3 are two-story structures and do not exceed the maximum 40% of net pad area as required. Please refer to the "Individual Lot Data" table (Attachment No. 7) for building coverage. All lots comply. Building Height (4.6.3.B.1) Maximum of 30' and 2 stories.Plan 1 = 25'-6" max.; 1-story Plan IX = 25'-9" max.; 2-story Plan 2 = 30'-0" max.; 2-story Plan 3 = 29'-0" max.; 2-story Front Building Planes (4.6.3.B.4.e & 4.6.3.B.4.f) 50% of units in the neighborhood must have 18 inch offset planes with a minimum of 10' between front and rear planes. Each plane is 30 SF minimum 3 separate building planes for lots with a 45' of frontage or less. 4 separate building planes for lots with a frontage greater than 45'. 33% of the above 50% required, may reduce the limit from 4 separate planes to 2 if a fully landscaped front courtyard is substituted. Please refer to the architectural plans for the building plane exhibits. All units comply. Plan 1 = 5 Planes (Spanish); 6 Planes(European) Plan IX = 7 Planes (Spanish); 5 Planes (Tuscan) Plan 2 = 5 Planes (Spanish); 7 Planes (European); 6 Planes (Tuscan) Plan 3 = 5 Planes (Spanish); 6 Planes (European); 5 Planes (Monterey) PUD 04-01 (A) - VILLAGES December 21,2005 Page 6 1F LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 Rear Building Planes (4.6.3.B.4.g) 50% of units in the neighborhood must have 18 inch offset planes with a minimum of 3' between face of the forward-most plane and rear planes. Each plane is 30 SF minimum 3 separate building planes for lots with a 45' of frontage or less. 4 separate building planes for lots with a frontage greater than 45'. Please refer to the architectural plans for the building plane exhibits. Plan 1 = 2 Planes (All elev.) Plan IX = 4 Planes (Spanish); 3 Planes (Tuscan) Plan 2 = 5 Planes (All elev.) Plan 3 = 4 Planes (All elev. only if balcony is plotted) Plan IX (SP elev.) is plotted on 10 lots Plan 2 (All elev.) are plotted on 29 lots Plan 3 (w/ balconies) are plotted on 8 lots Total of 47 units meet this requirement or 52.2% Front Building Elevations (4.6.3.B.6) Front building facades shall incorporate a minimum of 4 varieties of design elements to create character and interest to the home. These elements vary depending on the architectural style used. Please refer to the "Building Elevation Design Element" matrix (Attachment No. 8) and the architectural plans that detail the various design elements incorporated for each front elevation type. All plan types and elevation styles comply. Side & Rear Elevations (4.6.3.B.7) Minimum of 2 elements of enhanced architectural detailing incorporating good design is required for side & rear elevations adjacent to public/private roads. Please refer to the "Building Elevation Design Element" matrix (Attachment No. 8) and the architectural plans that detail the various design elements incorporated for each side and rear elevation types. All plan types and elevation styles comply. Elevations Fronting Circulation Element Roads(4.6.3.A.l.a) Homes adjacent to circulation element roads are required to receive special attention to detailing on the elevation fronting the roads. This will include window detailing equal to or better than that of the front elevation. The introduction of additional wall planes and balconies, where noise standards allow, is encouraged. Please refer to the architectural plans that detail the various design elements incorporated for each of the proposed elevations. All plan types and elevation styles comply. PUD 04-01 (A) - VILLAGES December 21,2005 Page 7 1'F LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 Floor Plans (4.6.3.B.5.C& 4.6.3.B.5.d) Minimum of 3 per neighborhood Minimum of 3 front elevations shall be provided for each floor plan. The proposed project includes three floor plans with at least three distinctive elevation types for each plan. Please refer to the architectural plans. Single-Story Units (5.7.3.6.0, 5.7.3.12.o & 4.6.3.B.4.1) For neighborhoods on ridgelines/hilltops that are visible from a circulation element roadway, at least 20% of the units shall be single-story. Single-story shall be defined as a plateline maximum of 15', (10'preferred). These neighborhoods have been designated with a ridgeline or hilltop on 38 lots that are visible from a circulation element roadway by the Master Plan. Plan 1 is a single story unit and is plotted 8 times along the ridgeline, or 21.1%, meeting the minimum 20% requirement. Two Story Units (4.6.3.B.4.n& 4.6.3,B.5.b) Must include some single-story features. The second-story must not exceed 80% of the first- story square footage, including all garage area. Please refer to the architectural plans that detail the single story features provided. All proposed plans comply. Plan 1: 0%(1 -story) Plan IX: 37.9% Plan 2: 49.5% Plan 3: 79.6% Where (3) Two Story Units occur in a row with less than 15 ft between homes- (4.6.3.B.4.b) One of the units must have a single-story building edge at least 10' deep and shall run the length of the building. Single-story shall be defined as a plateline maximum ofl5'. Plan l,Plan IX and Plan 2 incorporate a single story building edge that is at least 10' wide and runs the length of the building and are plotted where there are 3 units with less than 15' between them. Where (3) Two Story Units occur in a row with 15 ft to 20 ft between homes- (4.6.3.B.4.C) One of the units must have a single-story building edge at least 5' deep and shall run the length of the building. Single-story shall be defined as a plateline maximum of 15'. Plan l,Plan IX and Plan 2 incorporate a single story building edge that is at least 10' wide and runs the length of the building and are plotted where there are 3 units with less than 15' between them. Single-Story Elements (4.6.3.B.4.d) 33% of units within a Neighborhood must have a single-story element, with a minimum depth of 3', that is 40% or greater than the front elevation width. Porches and porte cochere elements qualify. All plan types (100%) incorporate a single-story building element, which is a minimum 3' in depth and greater than 40% of the front elevation width. Planl: 100% Plan IX: 100% Plan 2: 66.3% Plan 3: 42.3% All plan types comply. PUD 04-01 (A) - VILLAGES December 21,2005 PageS LA COSTA RIDGE NEIGHBOUR S 2.1 AND 2.2 Entries, Front Porches, Courtyards, & Balconies . (4.6.3.B.9, 4.6.2.B.2.f& 4.6.2.B.3) 25% of the units must have either a porch at least 5' deep, across 33% of the width of the dwelling, or a courtyard or balcony, whichever is consistent with the architectural style. Porches require a minimum front yard setback of 10'. Porches shall have a minimum depth and length of 5'. A variety of roof elements (gables, shed, etc.) shall be provided over porches. A balcony above a porch may also serve this purpose. The front and sidewall of porches shall be open except for required and ornamental guardrails. These features shall qualify as a plane for the purposes of the architectural guidelines. Buildings on corner lots should consider having the porch wrap around the side of the building. Non-enclosed and non-habitable porches and balconies may encroach up to 5' and 8' respectively into the required front yard setback. Courtyard walls with a maximum height of 42 inches may intrude up to 2' into the required setbacks. 6.7% of the elevations incorporate a front porch (European Country style of the Plan 1). 13.3% of the elevations incorporate a balcony (Monterey Ranch style of the Plan 3) 48.9 % of the elevations incorporate a front courtyard (Spanish style of the Plan 1, Spanish and Tuscan styles of the Plan IX and Spanish and Tuscan styles of the Plan 3) A total of 68.9% of the elevation styles within the development comply. Please refer to the architecture and site plan for compliance. Octagonal or Round Entry Tower (4.6.2.B.3.a) May encroach into the required side setbacks a maximum of 2'. The total length of the encroachment may not exceed 8' and shall be located within the larger side yard. The roof eave may encroach a maximum of an additional 12" into the required setback. A minimum 5' setback must be maintained. None are proposed within the side yard setback. Projections (4.6.2.B.3) Fireplace structures not wider than 8', cornices, eaves, belt courses, sills, buttresses, and other similar architectural features projecting from the building may intrude up to 2' into the required setbacks. No projections extend into the side yard setback more than 2' nor are any projections greater than 8' in length. All plans comply. PUD 04-01 (A) - VILLAGES DF LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 December 21,2005 Page 9 Recreation Parking (4.6.2.B.4.b) Common recreation areas: • Less than 8,000 SF - Do not require off-street parking • "Pocket Parks" - Not required to provide parking • Within a 1/4 mile radius of the units for which they are required to serve shall include 1 space for every 20 units. • More than a 1/4 mile radius from any of the units for which it is required to serve requires parking for those additional units at a rate of 1 space per 15 units. (See VLCMP for alternative recreation parking options) Not Applicable to this Neighborhood. Resident Parking (4.6.2.B.4.a) Minimum 2-car garage with interior measurements of 20'by 20'. Two 1 -car garages each having interior measurements of 12' in width by 20' in length may be provided as an alternative. All plan types include at a minimum of one 2-car garage with an interior measurement of 20'x20'. PUD 04-01 (A) - VILLAGES December 21,2005 Page 10 LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 Garage Criteria (4.6.2.B.2.b, 4.6.3.B.4.h, & 4.6.3.B.13) 20' minimum setback from the property line where garage doors face the street. Side-loaded garages must maintain a 15' setback from property line. They also must be designed to appear as a livable portion of the home. Three-car garages in a row facing the street are permitted on 25% of the total number of lots in a neighborhood with a minimum lot area greater than 5,000 sq. ft. For neighborhoods with a minimum lot size of 5,000 sq. ft. or greater, an additional 25% of the units may have three-car in a row garages facing the street provided garages do not exceed more than 50% of unit's frontage. The maximum number of units in a neighborhood with three-car in a row garages facing the street shall not exceed a total of 50% of the units. Projects with three-car garages shall be a mix of two door garages, three door garages, and offset two door garages (2 planes separated by at least 18 inches). A variety of garage configurations should be used within each neighborhood to improve the street scene. (See VLCMP 4.6.3.B.13.g for examples of garage configurations) Roll-up garage doors are required. Architectural projections may encroach into the setback a maximum of 18" for garages. However, the projection shall not extend to the second story living space. (See VLCMP 4.6.3.B.13.d-f for more specifics about garages) All setbacks for garages that face the street are greater than or equal to 20'. All side-loaded garages have a setback of at least 15' and they appear as livable portions of the homes. All 3-car garages are a combination of front loaded, tandem and deeply recessed configurations. PUD 04-01 (A) - VILLAGES December 21,2005 Page 11 F LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2ODE Roofs (4.6.3.B.4.k& 4.6.3.B.8) Varied building roof heights and roof massing shall be incorporated into unit designs for each master plan neighborhood. Changes in roof direction shall be provided to create diversity and interest. Roof planes of units located at the top of slopes should attempt to parallel the slope. A variety of roof colors shall be used within each neighborhood. Minimum roof pitch of 3:12 A variety of roof forms and massing are proposed with changes in direction and pitches. See elevations and roof plans for compliance. Typical roof pitches: Planl: 4:12,6:12 Plan IX: 4:12 Plan 2: 4:12,7:12 Plan 3: 4:12,5:12,6:12 Colors (4.6.3.B.12) Colors should be consistent with the architectural style selected. Warm, earth tones are preferred, however other color combinations are acceptable depending upon architectural style. Within each neighborhood, a minimum of 3 different exterior color schemes shall be used for each floor plan within the same architectural styles. In all master plan neighborhoods, adjacent units within the same architectural style shall not utilize the same color scheme. However, similar or same colors may occur within different color schemes. "Adjacent" includes units on either side of the subject unit as well as those directly across the street. Each plan type plotted on the site plan includes a color scheme designation to show compliance. Please refer to the enclosed color and materials boards for details on each color scheme and to the site plan for specific plotting. Accessory Structures (4.6.3.B.3) Patio and accessory structures shall comply with development standards set forth in Section 21.10.050 of the Carlsbad Municipal Code. All plan types comply. Architectural Styles Permitted (4.6.3.C&6.6) Each Neighborhood shall contain one or more of the following Architectural Styles: • Santa Barbara Mediterranean • Craftsmen Bungalow • Spanish Colonial • Monterey Ranch • Italian/Tuscan . European Country • California Coastal . California Contemporary-(Neighborhoods 2.3 & 2.4 only) The elevation types included are as follows: Spanish Colonial European Country Tuscan Monterey Ranch PUD 04-01 (A) - VILLAGES December 21,2005 Page 12 1F LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2om Design Standards (4.6.3.B.4.1& 4.6.3.B.5.e) 50% of exterior openings (doors/windows) in the front of each unit shall be recessed or projected a minimum of 2 inches or shall be trimmed with wood or raised stucco. Colored aluminum window frames shall be used (no mill finishes). "Handcrafted" detailing, exposed rafter tails, knee braces and columns shall be used when appropriate to the proposed architectural style. The windows and doors on the front elevations are recessed a minimum of 2" and are trimmed with either wood or raised stucco. Please refer to the elevations on the architectural plans for compliance. All plans comply. Chimneys (4.6.3.B.11) The chimney and chimney cap shall be in scale with the size of the structure 2-chimney limit for dwelling units on lots less than 7,500 SF. Please refer to the elevations on the architectural plans for compliance. All chimneys and their caps comply with proper scale and proportion. Window Detailing (4.6.3.B.10) The design of the windows shall include one or more of the following features: Please refer to the elevations on the architectural plans for compliance. All plans comply. Deeply recessed windows Paned windows Decorative window ledges Accent and varied shape windows Window boxes and planters with architecturally evident supports Exterior wood trim surrounds Accent colors on shutters or other elements Arched elements Shutters Raised stucco trim around windows Window lintels The Master Plan requires that each front elevation incorporate a minimum of 4 enhanced architectural design elements and that each side and rear elevation incorporate a minimum of 2 such elements so as to create character and interest in the homes. The "Building Elevation Design Elements" matrix has been included to show which elements are used for each elevation and floor plan (see Attachment No. 8). The proposed project is located within Local Facilities Management Zone 11 in the southeast quadrant of the City. The impacts on public facilities created by the project, and the project's compliance with the adopted performance standards.were analyzed and evaluated at the time of approval of CT 04-02. V.ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the certified Final Program Environmental Impact Report for the Villages of La Costa Master Plan (2000} MP 98-01 (EIR 98-07), dated July 16, 2001, T & B Planning Consultants, Inc. EIR 98-07 evaluates the potential environmental effects of the PUD 04-01 (A) - VILLAGES OF LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 December 21,2005 Page 13 development and operation of the "Villages of La Costa Master Plan (2000)" and associated actions inclusive of the proposed neighborhood projects reviewed here. The City Council certified EIR 98-07 on October 23, 2001. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-07 applicable to the proposed Villages of La Costa Ridge Neighborhoods 2.1 & 2.2 project have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-07 "Findings of Fact and Statement of Overriding Considerations" applies to all subsequent projects covered by the Villages of La Costa Final Program EIR. The proposed project would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 98-07 and no further CEQA compliance is required. EIR 98-07 and the initial study for this project are available at the Planning Department. ATTACHMENTS: 1. Planning Commission Resolution No. 6007 2. Location Map 3. Background Data Sheet 4. Local Facilities Impact Assessment 5. Disclosure Statement 6. Table "Front Yard Setbacks" 7. Table "Individual Lot Data" 8. Table "Building Elevation Design Elements" 9. Reduced Exhibits 10. Full Size Exhibits "A" through "A-A" dated December 21, 2005 SITE MAP NOT TO SCALE Villages of La Costa Ridge Neighborhood 2.1 & 2.2 PUD 04-01 (A) ACKGROUND DATA SHEET CASE NO: PUD 04-0 If A) CASE NAME: VILLAGES OF LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 APPLICANT: Pulte Homes REQUEST AND LOCATION: Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and to approve a Major Planned Unit Development Permit Amendment for building floor plans, elevations and plotting for the development of 90 single-family detached homes within the Villages of La Costa, Ridge Village, Neighborhoods 2.1 and 2.2, generally located south of Alga Road, east of El Fuerte Street, north of the HCP open space in Neighborhood 2. A, and within Local Facilities Management Zone 11. LEGAL DESCRIPTION: Lots 1-90 of the City of Carlsbad Tract CT 04-02. Villages of La Costa - La Costa Ridge - Neighborhoods 2.1 and 2.2, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15167 filed in the Office of the County Recorder of San Diego County on November 2, 2005. as File No. 2005-0955442. APN: 223-720-06, -07. -08. and -09 Acres: 51.1 Proposed No. of Units: 90 GENERAL PLAN AND ZONING Land Use Designation: Residential Low-Medium Density (RLM) Density Allowed: 0-4 Density Proposed: 1.8 du/ac Existing Zone: P-C Proposed Zone: P-C Surrounding Zoning, General Plan and Land Use: General Plan Current Land Use Site North South East West P-C RLM RD-M, P-C RMH, RLM P-C RLM, OS P-C RLM P-C RLM Vacant (Mass Graded) Multi-family Res., Vacant Vacant Vacant Vacant PUBLIC FACILITIES School District: San Marcos Unified Water District: Vallecitos Sewer District: Vallecitos Equivalent Dwelling Units (Sewer Capacity): 90 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Certified Environmental Impact Report, dated October 23. 2001 (EIR 98-07) Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: PUD 04-01 rA) - VILLAGES OF LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 LOCAL FACILITY MANAGEMENT ZONE: U GENERAL PLAN: RLM ZONING: P-C (Planned Community) DEVELOPER'S NAME: Pulte Homes ADDRESS: 5993 Avenida Encinas, Suite 101. Carlsbad. CA 92008 PHONE NO.: (760) 795-2200 ASSESSOR'S PARCEL NO.: 223-720-06. -07, -08, and -09 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 51.1 acres/90 du A. B. C. D. E. 90EDU .63 88.2 "D" F. G. H. I. City Administrative Facilities: Demand in Square Footage = 312.90 Library: Demand in Square Footage = 166.86 Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADT = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. Open Space: Acreage Provided = Schools: 900 = 2 per HCP J. K. Sewer: Demands in EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = Elementary: 24 Middle: 7 High: 2 N/A (Vallecitos) N/A 49,500 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and an other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Pulte Homes Title Title Address Address 5993 Avenida Encinas, Ste 101 Carlsbad. CA 92008 OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Real Estate Collateral Management Company Title Title Address Address 1903 Wright Place. Suite 180 Carlsbad. CA 92008 1635 Faraday Dr. -Carlsbad, CA 92009-1576 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person, serving as an officer or director of the non-profit organization or as a trustee or beneficiary of the. Non Profit/Trust. Title Address Non Profit/Trust. Title Address Have you had more than $20 worth of business transacted with any member of City staff, Boards,. Commissions, Committees and/or Council within the past twelve (12) months? Yes X No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. Iceit bove information is true and correct to f my knowledg^T\dL Agertt for RECM; Fred M. Arbuckle President of Morrow Development Print or type name of owner Signature of applicant/date DARREN WARREN Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 / > MftR.18.2004< 3:09PM PL A HOME S CflL (714)258 4448 , J^ NO. 430 P. 2/5 I CORPORATE RESOLUTION BE IT RESOLVED BY THE BOARD OF DIRECTORS OF PULTE HOME CORPORATION That each and every one of the individuals hereinafter named below, is hereby given the authorization on behalf of this corporation to enter into security instruments with the County of San Diego, State of California, including without limitation, monument bonds, payment bonds, performance bonds, tax bonds, warranty bonds, and all other security instruments (collectively, "Security Instruments") and to enter into and execute agreements, contracts, subdivision maps, deeds, applications, permits, declarations of covenants, conditions and restrictions and other necessary documents for subdivision, resubdivision, boundary line adjustments, re-zoning, infrastructure, survey monuments, building and construction, easements, rights of way, performance agreements, maintenance agreements and all other purposes related to the development and sale of real property (including, without limitation, the construction of residential housing, common area facilities and infrastructure) owned or under option to the corporation and located in the County of San Diego (collectively, "Subdivision Agreements"). Any one of the following are authorized to enter into Security Instruments and Subdivision Agreements on behalf of the corporation: Name Title Bruce E. Robinson Vice President and Treasurer John R. Stoller Vice President and Secretary Maureen E. Thomas Assistant Secretary Calvin R. Boyd Assistant Secretary/Din of Treasury Operations Jane K. Sotting Director of Corporate Accounting Collette R, Zulcoff Director of Taxation Suzanne Treppa Tax Manager Julia T. Corcoran Accounting Manager Vincent J. Frees Vice President Robert Porter Senior Treasury Analyst L. J. Edgcomb Division President / Attomey-in Fact Dairen Warren Director of Planning and Engineering / Attomey-in-Fact Tim Wellrnan Director of Land Development / Attomey-in-Fact Caryn Pollock Director of Sales / Attomey-in-Fact Larry Heglar Director of Land Acquisition / Attomey-in-Fact John Drew Director of Construction / Attorney-in-Fact BE IT FURTHER RESOLVED, that the foregoing resolution and the powers and authority granted to the individuals therein name shall continue and remain in force until express notice in writing of their revocation has been duly delivered to and received by the County of San Diego, State of which said notice of revocation or cancellation shall be certified by a duly authorized officer of this corporation. BE IT FURTHER RESOLVED, that the Board of Directors of this corporation does hereby authorize, ratify, adopt and approve any and all Security Instruments and Subdivision Agreements entered into and executed by any one of the following authorized persons on or after December 1,2001: Calvin R. Boyd, L J. Edgcomb, Darren Warren, Tim Wellman, Caryn Pollock, Larry Heglar and John Drew, and that any of the foregoing officers or Attomeys-in Fact are hereby authorized, directed or empowered to cause and take any and all other acts and to execute such other documents as they deem necessary or appropriate to cany out the intentions of this resolution. > MRR. IS.2004' 3= 09PM PIN^ HOME S CflL (714)258 4440 A NO. 430 P. 3/5 The undersigned hereby certifies that he/she is the duly elected and acting assistant secretary of the above corporation organized and existing under the laws of the State of Michigan, that the foregoing are true, full and correct resolutions regularly adopted at a meeting of the Board of Directors of said corporation. (a) Duly and regularly called and held on the 29'h day of January. 2002 at which a quorum was present and voted; or That the same are now in full force and effect, and have not been altered, modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name this „ 2nd day of Bruce E. Robinson, Vice President . 19.2004'x 3:09PM Pf A HOME S CflL (714)258 444B/02 17 = of' DOC 8 2001-0956101 KCQRQING REQUESTED BV LAWYERSTfftf DEC 26 » 2OO1 A 2 59 rk9K2&6 OFFICIAL RECORDSOZ&WW sw 0IEQj cm RECORDER'S OFFICE GfEEKU.-SHITHi COUNTY RECOfiM When Recorded " I®1 ^.00 Return To: Curtis H. VanHyfte C/o Pulte Home Corporation 10235 S. 51* Street, Suite 100 Phoenix, AZ 85044 HJLTEHCMECORPORATION POWER OF ATJGHNEY AND GRANT OF AGENCY KNOW ALL MEN BY THESE PRESENTS, that PULTE HOME CORPORATION (the "Corporation"), a corporation organized and existing under the laws of Che State of Michigan, authorized to do business in the State of California, having its principal office at Bloomfield Hills, Michigan, does hereby effective immediately, constitute and appoint the following employee(s) i Darren Warren, Tim Wellman, Larry Heglar, Caryn Pollock, John Drew, Scon Pasternak, LJ. • " Edgcomb, Curtis H. VanHyfte, John S. Gallagher, as its true and lawful agents and additional ' attomeys-in-fact in the State of California, to act for and on behalf of the undersigned corporation in its name, place and stead, and for its use and benefit, in the following respects: 9 . • t (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents, instruments or papers for the sale by the Corporation of finished homes or homes to be finished (together in each instance with the finished lot for the home), provided, however, that except for the sale of any lot together with such home, no such Employee shall have any power or authority to sell any land whatsoever; (2) Enter into and execute any and all deeds, agreementsv or documents relating to common areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with the sale by the Corporation of finished condominium, townhouse, or duplex units and any land associated with such finished units; (3) Enter into and execute deeds and/or plats of dedication, subdivision, ^subdivision and boundary line adjustment; owner's consents; declarations of covenants, conditions and restrictions;, deeds or vacation of easements, easements and righrs-of-way; performance agreements; maintenance agreements for and over any property owned or under option by the Corporation; re-zoning applications, proffer applications and amendments and : proffer agreements and other similar documents related to the development of real | property owned orunderopa'on by the Corporation; and (4) Enter into and execute development, supplier, subcontract and/or construction agreements for the development and/or construction of and on any property owned or * under option by the Corporation. Sia £4c0o/CA Oociun«JC-y«*r.DocID 2001-9SS101 J>«jaj 1 at order.- 07-03-14-2002 04-00-23 fH Caamtat; ; ^o:MRR,19.2004IT 3:i0PM R HOME S CflL (714)258 4440. „ ,7,0, , 7[ This Power of Attorney shall expire at midnight on June 30,2006, unless extended or revoked by the Corporation prior to such expiration dace. IN WITNESS WHEREOF, Pulte Home Corporation has caused its corporate name to be hereunto subscribed by the Authorized Agent, whose signature a acknowledged by two unofficial witnesses, this 12th day of December, 2001. PULTE HOME CORPORATION Unofficial Witness 'Curtia H. VanHyfte Authorized Agent STATE OF ARIZONA On ) ss. . before me,., a Notary Public in and for said State, personally appeared Curtis R VanHyfte, personally known to roe to be the Authorized Agent of Pulte Home Corporation whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on tha instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Description: 5u oxagc^ca oocmiwne-ywr.DoeXD 2001.956101 Pug*: 2 of ordmf: 07-03-H-aoaa 04-00-S3 «f Cdon«ae.- Front Yard Setbacks Lot# 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ,,15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Floor Plan 1X 3 1 2 3 1 2 3 1X 2 3 R 2 R IX. 3 1X 2 3 2 1 2 3 1 R 3 R t R 2 R 3 R 1X R 3 R 1X 3 2 3 3 R 2 1X 3 2 3 R 2 R 1X R 2 R 1X R 2 1X R 2 R 3 R 1XR 3R Individual Buildinq Plane Setbacks in Feet Plane #1 Plane #2 Plane #3 Plane #4 Plane #5 Plane #6 45.70 39.70 63.80 : : ;;/ 39:50 : 27.20 20.20 : ->>r.';M 22.70 ^ " : 26.30 30.80 ' T; 26.60 " ;: 29.50 19.20 29.90 31,50 : 28.90 21,90 :V 24.90 . 26.30 31.80.' 29.20 20.90 18.80 19.10 ; 21.10 21.10 18.90 17.40" /.'••. . 26.40 19.70 42.90 : 20.00 25.00 15.40 26.90 31.30 30.10 38.70 35.20 , 22.90 13.30 20:10 22.30 30.80 21.30 4120 : : r! 20.00 25.70 18.30 16.60 19.90 17.00 43.70 25.10 19.70 14.50 23.90 28.30 ; ! 23.60 18.90 / 15.10 \ 18.10 18.80 21,60 24.30 20.10 24.10 ; 20.00 / 22.40 13.00 24.80 28.60 44.20 15.00 •'•!•••••• 25.60 22.00 39.00 47.80 16.50 28.70 23.00 23.20 27.20 23.20 27.70 17.40 28.10 29.70 19.50 21.30 20.50 v: 40.50 32.30 48.60 25.10 27.00 40.80 / 35.70 27.60 21.30 44.20 ', 20.10 : 26.90 19.00 21.90 24.60 17.60 29.70: 31.30 19.70 13.10 15.10 101.60 89.20 92.30 24.50 15.10 21.30 22.40 23.40 18.10 42.80 20.00 17.40 15.80 18.20 36.00 .-:.v, 22.00 22.90 20.00 20.50 18.50 17.00 18.40 17.40 ' 19,40 21.40 19.00 : 23.80 47.40 26.30 21.10 13.30 21.1.0 22.20 26.40 ; 21.00 43.20 20.00 :, :,:.' 19.60 "13.00 21.50 23.50 / ' : 21.60V 17.60 4160 21.70 2100 13.00 23.90 26.10 ;;v 26.60 "15.10 19.30 25:10 19.10 42.20 :21.50 2 25:40 24.60 21.70 Weighted Average 45.04 24.12 . 28.10 28.43 26.03 29.02 20.10 19.19 25.20 25.99 33.70 20.18 26.06 20.66 26.18 " 22.93 19.28 21.37 21.62 23.52 31.44 33.82 21.31 24.75 26.63 20.23 33.28 32.99 26.00 23.46 27.07 16.65 95.61 21.17 24.41 17.45 24.23 18.71 19.55 28.66 20.06 25.52 20.29 24.97 22.51 21..59 25.45 . 23.74 10/14/2005 Neighborhoods 2.1 & 2.2 Section 8 Table 3 Page 3 of 6 Front Yard Setbacks Lot# 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 ""64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Floor Plan 1X R 2 R 3 R •' 2 -.-/•. 1X SR r •':• J:2 R 3 R 1X R . :.;2;::..::; ,..:. 3... . . .: :-i-: •••••;• : /• •:', 3 "'• • :-/;: 1: :...-.' 2 R ; IX R '.••-' 3 :•:;'.- - 2 R 1XR; .j 3R 2 R 1X R 3 R 2 R . 3 ••••. 1* 3 R 2 R: • 1X R 3 R 2 R 1X R . -. 2 . 3 '.:•.•• ••- ,- •> ; ', 2 • •• 3 2 1 ,'•."3"-.' . 2 1 :-- Individual Buildinq Plane Setbacks in Feet Plane #1 Plane #2 Plane #3 Plane #4 Plane #5 Plane #6 23.60 : ; 19.10/ 44.70 22.50 : 25.30 .... 18.00 26.20 27.20 38.60 : ; 7 ^3^, " 30.70 -..-26.40 23.30 '';;'. 15.90 23^90 24.90 23.30 18.80 44:80 23.80 25.90 :; : 23.90 22.40 25.90 :;' 15.60 26.20 27.90 25.80 18.80 21.80 : 20.00 : : 15.70 40.70 27.10 35.20 29.90 24.50 23.60 24.60 :,: 17.60 20.10 1 21.90 26.40 22.30 22.80 : 20.80 19.30 20.20 24.20 20.20 j, 19,50 18.50 • 20.10 22.20 : 21.20 16.70 42.20 20.20 V : 21.40 47.50 38.70 28.50 •.,',• 27.50 29.20 31.50 27.30 22.80 46.80 26.30 26.70 ; 24.70 23.20 27^80 20.50 28:50 29.50 18.50 18.10 45.60 28.90 40.50 21.20 30.30 : / 31.90 21.60 "32.30 33.90;:^ V;; : i ; 28.30 : 21.30 . ..,' :V:''v '•'•';^ 23.80:' ; : •:.:.'•' 2I.QQ 16.50 42.00 :;,;•;: 20^0 ;:: : ; 25:.10 •..'•,;• 12.40 : :^ x >:: : 15:40 : : 42.00 31.00 30:10 -; 20.90 : 19.50 15.00 41.00 20.00 : 34.90 23.50 :;;: 27.80 :^!: 34.30 ,_,.. 33.30 35.00 37.30: 26^30 23^50 50.20 31.70 29:50 22.10 30.10 31.10 29.30 : 27.30 ; , 25.80 / : >:• 26.70 30.70 26,70 : 26.90 16.30 26.60 28.00 23.50 15.00 18.10 ^ 23.70 16.70 25.10 27.20 26.40 30.90 26^80 25.00 22.70 E ;^ 21.20 :' 32.60 30.20 29.20 29 JO : 20.00 28.50 30.90 NEIGHBORHOOD AVERAGE: Weighted Average 26.15 24.88 32.20 22,67 26.66 24.11 24.80 22.93 26.29 27.24 21.52 23.72 21.01 21.75 20.44 23.78 33.08 29.57 29.60 24.91 27.25 28.30 32.93 30.83 25.22 23.58 18.89 29.29 22.86 29.99 35.37 32.71 28.87 27.51 28.25 25.27 19.79 24.04 28.22 23.04 30.22 25.50 26.26 10/14/2005 Neighborhoods 2.1 &2.2 Section B Table 3 Page 4 of 6 Individual Lot Data La Costa Ridge Neighborhoods 2.1 and 2.2 Lots 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Plan 1X 3 1 2 3 1 2 3 1X 2 3 R 2 R 1X 3 1X 2 3 2 1 2 3 1 R 3 R 1 R 2 R 3 R 1X R 3 R 1X 3 2 3 3 R 2 1X 3 2 3 R 2 R 1X R 2 R 1X R 2 1X R 2 R 3 R 1X R 3 R 1X R 2 R 3 R 2 1X 3 R 2 R 3 R 1X R 2 3 1 3 1 2 R 1X R 3 2 R 1X R 3 R 2 R 1X R Elevation T ••:••.:• EC SP: T . . SP EC . SP M SP T SP EC SP M T EC M SP" EC T EC SP M EC T SP T EC SP :. EC T. .. . • SP SP . EC SP EC T M SP T EC SP EC •••-.. SP T .. EC T M SP EC M EC SP M T : SP T SP EC SP M. '• EC : SP T ' , - EC SP T M EC SP Color 4 8 2 7 4 5 .: 8 ... 3 ... .: ••. 1 4 • : • 5 9 2 8 6 . : 1 4 2 8 "• .. • ' 3 7 5 1 .... 4 6 3 9 2 1 6 9 . .•• 3 1 .8 5 9 6 • ••" 3 4 2 7 ••..---• 3 . : 1 8 2 5 7 2 4 , ' , -3 ..... • . 5 7 8 2 9 1 7 , , 5 3 8 ••- . 5 6 4 3. .. ... , 2 .. 3 9 1 6 5 Setbacks (ft) Average Side Yard Front Rear Left Right Garage 45.04 24.12 28.10 28.43 26.03 29.02 20.10 19.19 25.20 25.99 33.70 20.18 26.06 20.66 26.18 22.93 19.28 21.37 21.62 23.52 31.44 33.82 21.31 24.75 26.63 20.23 33.28 32.99 26.00 23.46 27.07 16.65 95.61 21.17 24.41 17.45 24.23 18.71 19.55 28.66 20.06 25.52 20.29 24.97 22.51 21.59 25.45 23.74 26.15 24.88 32.20 22.67 26.66 24.11 24.80 22.93 26.29 27.24 21.52 23.72 21.01 21.75 20.44 23.78 33.08 29.57 29.60 24.91 27.25 28.30 28 35.1 27.1 24.2 22.9 20 20 20 20 • • 26 55.7 20 20 20 20 22.6 20 20 20 20 20 20 21 20 25.7 27.7 36.5 86.7 21.6 20.2 37.1 •.:• 20 112.5 20 20 20 21.1 20 20 21.2 20 20.5 21.1 24.4 21.6 22.4 21.9 31.4 21.2 27.7 26.9 27.5 29 43.5 59.6 81.2 33.7 20.2 20 20 20 20 20 20.4 20.4 49.3 50.5 68.3 72.4 73.8 14.3 16 15.5 15.5 16.8 ....*«» >-f.4 .--. 9.8 7.4 7 11.1 7 7 10.9 6.7 10 12.4 , 7.9 8.8 6 7.5 5 7 ... 5 6 7.6 : 5 7.7 15.6 18.2 19.4 29.4 5 7 6 23 7 9 17.8 16.9 16 45.5 7 6 . 7.9 7 5.5 7.7 6.8 7 30.2 7.6 7.9 7 7 8.3 15.9 12.4 15.6 7.4 9.4 6.8 9.2 7.8 21.4 6 5 7 6 6.9 10 7 5 6.5 7.2 5.6 7.4 8.3 5.9 7 8 10.8 6.8 7.7 23 7.1 9.6 6.4 5 8 7.5 7 11.9 12.4 14.6 16.8 15.4 16.3 26.5 9.5 6 5.4 47.4 7.8 6 11.5 10 8 7.8 11.2 9.7 7.4 63.8 7 7.8 9.4 • 9.5 15.4 13.2 15 15 27.2 8 8.2 14.4 16.8 19.4 7.5 7 5 7 6 6.8 9 16.8 22 21.4 21.8 16.2 19.8 39.5 56.5 26.3 31.5 59.7 . 26.3 21.1 51.7 20 31.3 59.9 22.3 20 51.1 25.1 28.3 54.4 24.3 20 28.6 60.5 22 44.6 23.2 29.7 50.9 25.1 54.4 20.1 56.3 31.3 50.5 128.1 22.4 20 43.7 20 52 21.4 26.3 22.2 20 23.5 21.7 26.1 53.8 21.5 56.1 22.5 27.2 66.7 . 24.9 23.8 56.7 27.9 57.3 27.1 23.6 54.6 21.9 53.6 20.2 22.2 20.2 38.6 31.5 26.3 57.5 29.5 28.9 Porch : 37.8 17.3 20:5 22.6 13 17.6 16 14.1 17.1 19.5 18 13 14.9 13.4 27.1 18 18.7 28.6 19 16 15.3 17.3 22.2 13 34.1 15.3 19.8 15.5 18.6 14 18 19.3 20 17.9 19.3 16.9 18.2 16.2 15 15 13 16.5 20.5 22.6 22.5 22 Net Pad Area (SF) 9,983 8,464 8,272 8,119 7,937 9,166 8,143 7,850 9,194 8,897 11,213 9,645 12,363 8,236 8,340 8,857 8,493 8,289 7,577 8,140 9,975 10,318 9,927 7,390 8,069 8,784 9,334 14,714 9,722 7,478 8,747 11,026 35,119 8,238 7,727 11,476 8,565 7,700 9,527 11,758 . 9,866 12,589 12,737 8,468 8,438 7,935 8,997 10,239 8,863 8,115 8,649 8,038 8,306 8,130 8,184 9,227 9,691 9,336 7,418 7,138 7,900 7,335 7,902 7,940 12,421 7,828 7,812 8,028 8,414 9,177 Building Coverage 1< Sq. Footage % of Net Pad 3,091 2,967 3,374 3,135 2,967 3,374 3,135 2,967 3,091 3,135 2,967 3,135 3,091 2,967 3,091 3,135 2,967 3,135 3,374 3,135 2,967 3,374 2,967 3,374 3,135 2,967 3,091 2,967 3,091 2,967 3,135 2,967 2,967 3,135 3,091 2,967 3,135 2,967 3,135 3,091 3,135 3,091 3,135 3,091 3,135 2,967 3,091 2,967 3,091 3,135 2,967 3,135 3,091 2,967 3,135 2,967 3,091 3,135 2,967 3,374 2,967 3,374 3,135 3,091 2,967 3,135 3,091 2,967 3,135 3,091 31.0% 35.1% 40.8% 38.6% 37.4% 36.8%' 38.5% 37.8% 33.6% 35.2% 26.5% 32.5% 25.0% 36.0% 37.1% 35.4% 34.9% 37.8% 44.5% 38.5% 29.7% 32.7% 29.9% 45.7% 38.9% 33.8% 33.1% 20.2% 31 .8% 39.7% 35.8% 26.9% 8.4% 38.1% 40.0% 25.9% 36.6% 38.5% 32.9% 26.3% 31 .8% 24.6% 24.6% 36.5% 37.2% 37.4% 34.4% 29.0% 34.9% 38.6% 34.3% 39.0% 37.2% 36.5% 38.3% 32.2% 31 .9% 33.6% 40.0% 47.3% 37.6% 46.0% 39.7% 38.9% 23.9% 40.0% 39.6% 37.0% 37.3% 33.7% 10/14/2005 Neighborhoods 2.1 &2.2 Section B Table 4 Page 5 of 6 Individual Lot Data La Costa Ridge Neighborhoods 2.1 and 2.2 Lot* 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Plan 3 R 2 R 3 1X 3 R 2 R 1X R 3 R 2 R 1X R 2 3 1 2 3 2 1 3 2 1 Elevation EC T EC T- SP EC SP EC SP T EC M EC T SP EC SP M • SP EC - Color 9 2 6 : 8 2 9 . 1 3 8 6 5 4 2 7 5 4 3 :8 1 7 Average Neighborhood Setback: Setbacks (ft) Average Side Yard Front Rear**85SM-eft Right Garage 32.93 30.83 25.22 23.58 18.89 29.29 22.86 29.99 35.37 32.71 28.87 27.51 28.25 25.27 19.79 24.04 28.22 23.04 30.22 25.50 26.26 55.2 84.3 48.9 53.7 20.5 20.9 40.9 60.1 60.8 20 23.8 29.3 20.5 . 20 20 20 20 20 22.7 20 6.6 6.1 10 74.5 6 7 34.3 6.7 8 14.7 20.2 . 26 22.6 14.4 14.6 17.2 23.6 23.4 : 15 15 20.9 29.8 19.1 10.5 10.7 7 12 41.5 16 8 15.5 13 9.4 11 11.4 9.5 8.1 11.2 12 6.8 65.5 33.9 57.6 20 51.2 20.9 20 62.3 37.3 31.7 31.1 60.8 26.7 28 53.2 27.2 26.4 56.2 29.7 20 Porch 22.9 16.3 24.9 15.5 26.3 : 25.8 • 24.1 21.6 17.7 19.1 - 17.6 20.7 19.3 Net Pad Area (SF) 8,684 9,082 8,125 10,491 8,388 8,893 9,918 10,841 12,408 8,211 10,555 9,333 7,859 8,151 8,324 8,045 8,192 8,023 9,544 10,231 Building Coverage1' Sq. Footage % of Net Pad 2,967 3,135 2,967 3,091 2,967 3,135 3,091 2,967 3,135 3,091 3,135 2,967 3,374 3,135 2,967 3,135 3,374 2,967 3,135 3,374 34.2% 34.5% 36.5% 29.5% 35.4% 35.3% 31.2% 27.4% 25.3% 37.6% 29.7% 31.8% 42.9% 38.5% 35.6% 39.0% 41.2% 37.0% 32.8% 33.0% 1/ "Building Coverage" = net pad area of a site occupied by the habitable area of any building or structure as measured from the outside of its surrounding external walls or supporting members. Includes garages and the perimeter area of a basement. Excludes exterior structures such as covered porches, permanent structural elements protruding from buildings such as overhanging balconies that project less than 8 ft. from the building, and porte cocheres not exceeding a length of 22 feet and a width of 8 feet. Also excluded are roof eaves extending less than 30 inches from the face of any building, awnings, open parking areas, structures under 30 inches in height and masonry walls not greater than 6 feet in height such as wing-walls, planter walls or grade-separation retaining walls. 10/14/2005 Neighborhoods 2.1 &2.2 Section B Table 4 Page 6 of 6 La Costa Ridge N. 2.1 & 2.2 8/5/2005 BUILDING ELEVATION DESIGN ELEMENTS DESIGN ELEMENTS a. Variety of Roof Planes b. Deeply Recessed Windows and Doors c. Paned Windows and Doors d. Exposed Roof Beams or Rafter Tails e. Decorative Window Ledges Accent Materials such as Stucco, Wood, Siding and Stone g. Window and Door Lintels h. Dormers I. Accent and Varied Shape Windows . Window Boxes and Planters with Architecturally Evident Supports k. Exterior Wood Elements Variations in Colors of Stucco and Other Elements Accent Colors on Doors, Shutters or Other Elements n. Stucco Wainscoting o. Covered Balconies p. Arched Elements q. Shutters Raised Stucco Trim around Windows and Doors PLAN ONE Spanish Colonial Front V Side . r — "•• Ty y j 1 v Rear " < 1 ^ , '7 / iv i •j •jj v v v v -j-y. ""T v y V .... PLAN ONE X European Country Front Side _,y i y Rear V V V 7 J. 1. V J / V V •J V s/ V -y y y ••/ V V ^ V 7, Spanish Colonial Front 1 Side j ,, ^ y v -y v v v ' -? Rear V V V v v/ v v v y >/ V s/ Italian/Tuscan Front 1 Side| V| j "T 1 y| v * j T V 1 v r" i ^ 4_^ Rear V ^ >/ V V "" ~'r" "" S V V V V ^ y V V >/ v V y V PLAN TWO Spanish Colonial Front Side ! Rear •j -J ! v v 1 j ^y[ 1 N/ V i S/ i ! i J -J \ -Jjj i | : i ^ ! .... „_ 4 _y L..y.i vr 1 1 .,_y.j y.| y v v| i 1 European Country Front Side Rear v v4 v J( u, J, j ^ 1 ^ L.y v 1 v ! v •j x/ I -y .. .. L..r V V .^_i _. ... V- V V y y ! y ^ 4--^-t ^t n ~ • [ ji ii i . i . i j.lyL_.T ' •j J -j Italian/Tuscan Front 1 Side 1 Reari j s/ 1 -J J •J I >/ , i , ,V j v V V i V V | v/ V \ •J i -J ! i >/ ; V ^ i V V ! i V i <J PLAN THREE Spanish Colonial Front 1 Side Rear j V \ V j V ! •J 1 •/_-.-j .... i j. _.^ •J I s/ ' T i • • i iv| v V if j[ ,, V V ;• •J j '• i v V! 1 L i European Country Front 1 Side 1 Rear -/.lAi_y-.. V | V -J •J I ^ L Jr h L i1 1 / '' / • / y I v i j'• " T" i V i 7 [ V "j " j V j -J i -J~ r™ t" — " V ; '• v V ; v • ..yj.y.l.y V i V i V Monterey Ranch Front Side Rear J ^ ^• • ~*f r •j <j i -j ^ v •j v [. -j\ ^ v i v r •--( } _/l ~ "i 4 ' ' ' •J v vr "!"" " --4 i • -^ v-^ i, ^ •y v | N/ Section A, Item #9 PUD # 04-01 (A) PLANNED DEVELOPMENT PERMIT AMENDMENT 04-01 (A) LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 PARKING SUMMARY REQUIRED PARKIN g*«*i.gv*«.y TOTALS AU. STANDARD SPAC ) 90 ES i SPACESfDU sW*c&(FOR IST in uwrrs) FOR REMMMMO UWTS1 sUBtofAt 1SO s j§ 209 •PER LA COSTA OAKS VUAGE 06V. RAW OSV. STANOAHCS 7.7.3-fl K [PARKN3 REQO PER CARLSBAD MUHIOPAL CODE SECTION 21.M) PROVIDED PARKING v£snoRr>MK*X3' — tt UpAte&UNrr I — m — i STREET SPACE AND i DRIVEWAY SPACE PER UMT. PLAN NO.1ST FLOOR 2.644 2,490 2ND FLOOR uvtHoaa. FT. 3.681 OARAGE SO. FT. TOTAL. BUM. SQ.FT. 4,262 FOOTPRINT SQ.FT. 3,091 2 2,539 1.553 4,092 596 4.683 3,135 3' Z311 2.361 4.672 B5S 5.328 Z967 NOTE: LOTS 3, 6. 19.22.24,00. 62, 93. ST. *90 HAVE PLAN 1 ELEVAT10MS THATDO NOTACCOMMOrWTE THE SECOND STDRV OPTION. THESE LOTS ARE RESTRICTED TO SINGLE STORY ELEVATIONS ONLY. NOTE: LOTS B. 14. 17, 32. 38. 48. 59. £ 61 CANNOT ACCOMMODATE OPTIONAL PLAN 3 REAR YARD DECK. r PLAN NO. 1X 2 3 TOTAL • OF UNITS 20 90 KMIX 22.2% 32.2% 34.4* 100.0% FOOTPRINT SQ.FT. 3,091 3.135 TOTAL BLDG. 61,020 91.B77 278,452 POINT OF IHTEJtS&TKH (Y.C. ) PAD CLEW T/ON CROSS SO. FT. SO STOtU CffAIHNTS NOT TO SCALE:OEV ELEWHOW REFERENCE DRAWINGS 420-4 fWfJIE (If. /W S'HO OTAMJ. OfTTt ALISO, OOtTE TAUOWCO QENERAL NOTES I. TOTAL GBOSS Sf rr *r .wr - «wss WADED (m auwiNa 337-^)ac F>M**Lr &SHXNTIAL »*> <«» SP<CT. .; LTKTS 90 TOTAL MACER OF PFSttXfiTIAt- LOTS: 30 ASSESSOR'S PAHCO. HtSERS: 2Z3-7fO-Og. Of. O7. * OS. EXISTING COfXtL fitH LAfD LBC CCSICWTIOWQ.V (RfSICEHTIAL LO*~ifPI<Ji E&StTY (0-4 du/acf)row uw «E cesiowTia*»-*eDi(w o&strr fo-4 ou/ocl)a.n.v fflcsic 9. EXISTING ZCN1HZ PC10. UASTBt HAN VW&LYINC ZONING: H-1 (SINGLE FO/ILY 11. CROSS DENSITY: I. SOU/AC (90 OU'S/SI. I AC. )12 LFV zat; zot it tj. AWU<Z oniLr rxtr& goo fao uurs r to TXIFS 14. BUILDING COVOtACE.- APPfOXWrELY 6.4 M3SS 15. PBKENTtGE LAtOSOfltd AffKKItUTELf 73.SX GENERAL DESIGN NOTES-PUD I. ALL OWDINC FCK PRCPOSEP AO> fUIWE SWEETS SHAti COfOW TO Ttf CITY OT CAO.SBAD IXSICN STAMMOTS AH> AS BEOOIfiED BY THT CITY €Klff&>2 ALL CASEtCHJS &ttLL BE PROVIDED. RDOKD Off RELOOITED AS REQUIRED fff Ttf CITY ENGINES*. MBLtC UTILITIES AH) new ApmnFGiATt DISWICTS. 3. ALL PROPOSED UTftlTIES SHALL BE IISTALLED IfCEBOKW. 4. SCWCC OT TCPIXfWW: SAH-LO AERIAL SMVEYS. n.O»H 3-2-JOOO AH) Ttf. KXXH CBA01NC FIAH (OK *3Q-*t) 5. CCtfTOLKCH (MTBWJItS: J'/'O' fEET«. UAMfACTUfD SLOPE PATIOS SHALL BE WHABLE (t I UAX). 7. FINISHED OHOfS US KR OtAOINC flMS 420-M. • OMce^smLES SHALL HIVE A UIHIUUI or if no* MAE ctttx AS sum C AH) TREE PLANTING SHALL X PER Ttf CARLSSAOLANDSCAPE UAHJAL. AND THE VILLAGES OF LA COSTA IM5TE7* FLAN. (SEE UASTffi LANDSCAPE PLAN FOR Ttf RIDGE) AND PER LANDSCAPE PLAN PREfAfCD BY GILLESPIE KSlCN.>. CUL-DE-SAC axg CRAIXS SHALL BE A UINIULU or ir.I Tff SJBDIVIDBt/KCVELOPER aULL PROVIDE AND INSTALL APPROVED STREETL iCHT STANDARDS AH> nxTuts IN THE TYPE AND MMEF ^PPROVEP BYTtf CITY or CAKLSBAO Tlf PUBLIC KBXS CEPARTIXttT ~ JJtAFTICSECTION AU> POT THE CITY'S STREET LIGHT CONSTRUCTICH STAHMRDS. STREET LICHTS « SHMW ON THIS IMP ARE PER OK. 42O~» AND 42O-4B. , ruic ™o ASSUCS CTRTAIH BAtXBOft INFRASTRUCTURE IS EXISTING OP ...P AND SiXZP FOR TO THS SATISFACTION Cf Ttf CITY EWI«Z».• INOJOC B • "O AS ALLOHED PER CEOCOM. INC. TtfY INCLUX BJT ARC MX LIUITED TO CCRI*i. HWTRE NECESSARY IN ORES* TO terr nc S' i StDEYABDS. CEFPTWD FODTlHSS WILL BE W'l PLANS 41O-4A AND 420-4/4tO-'B RESFECTIVILY.: PRIOR TO nf ISSUANCE or A PRECISE GRADING PEWIT » ANT BUILDIIPEWITS, Ttf EXISTING ItfROVEXNT DRAWINGS SHALL BE CCNSTOUCTIO CHAXED TO SHOW Ttf RELOCATION C~ LATERALS WHICH UAY COTTLlCT Wl', RESIO IL Wl OWNER KM. ESMTf COLLATERAL UMT. CO., A DELAWARE CORPORATION 1903 MIGHT PLACE IUITTAL (FCH PC HCARWG) PUNNED DEVaOPMENT PERMIT AMENDMENT 04-01 (A) LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 VILLAGES OF LA COSTACity Of Carlsbad, California SHEET 1 OF g H&A 11/14/3005 PUD #04-01 (A) PtOV* If LOCAL STREETSCORTEAUSO. CORTETAMARINDO.AND A PORTION OF CORtNTLA STREET M SWEET - « .ACCESS TO ADJACENT OFFSrTEESTATE LOTS U. iNCLuoe CROSS-FALL$UJ£ OF LOT mtH 0-27 DRAIN TYPICAL LOT DRAINAGE AND LATERAL LOCATION DETAtt- •ALLOHfS PER GEOCON «C SOILS lETTO? DATED 08-01-05. SET SHEET t GENERAL BfSGN-SJE PUM NOTE f IS.SIDfWAlK UHDEODKIM PfR RfOONAl STANDARD DRAMNGSimi BE PTOWOCO ON nwy tor PE» WMt o-!7. TYPICAL DRAINAGE SWALE DETAILS SfTIO OCEANO PRIVATE IE IOCHISTUEETEXISTING PORTION OF COniHTIASTREET AND PASEQABRAZO t iMmwMwr CMIMS « t PREPARED BY: IFSIB HUNSACT.R K^l & ASSOCIATES PLANNED DEVELOPMENT PERMIT AMENDMENT 04-01 (A) LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 VILLAGES OF LA COSTACity Of Carlsbad, California SHEET 2 OF 9 H&A 11/14/2005 PUD 04-01 (A) SLOPE EDGE BUILDING SETBACK INDEX LOT°i9 SETBACK- TOP OF SLOPE SETBACK SECTION 'A' - TYPICAL 14 SETBACK* TOP OF SLOPE SETBACK SECTION "BrS'By • TYPICAL LOT 13 SETBACK- TOP OF SLOPE SETBACK SECTION 'C* - TYPICAL TOP OF SLOPE SETBACK SECTION 'D" - TYPICAL 2O.O' : LOT 7 SETBACK- TOP OF SLOPE SETBACK SECTION •£• - TYPICAL LOT BS SETBACK- TOP OF SLOPE SETBACK SECTION "p - TYPICAL SLOPE EDGE BUILDING SETBACK DRIVEWAY WIDTHS TYPICAL ARCHITECTURAL PLANE DETAIL PREPARED BY: HUNSAJCER& ASSOCIATES PLANNED DEVELOPMENT PERMIT AMENDMENT 04-01 (A) LA COSTA RIDGENEIGHBORHOODS 2.1 AND 2.2 VILLAGES OF LA COSTACity Of Carlsbad. California SHEET 3 It \OW«\tPIf>V>l4«< - P* 1.1-2.1 12>ta,-n-IOOS:ttt.32 HftA 11/14/2005 PUD 04-01 (A) PLANNED DEVELOPMENT PERMIT AMENDMENT 04X11 (A) LA COSTA RIDGENEIGHBORHOODS 2.1 AND 2.2 VILLAGES OF LA COSTA City Of Carlsbad, California HUNSAKER & ASSOCIATES 1UL\ 11/14/2005 PUD 04-01 (A) PLANNED DEVELOPMENT PERMIT AMENDMENT 04-01 (A) NEIGHBORHOODS 2.1 AND 2.8 VILLAGES OF LA COSTA IAA 11 .'14/2005 PUP 04-01 (A) PLANNED DEVELOPMENT PERMIT AMENDMENT 04-01 (A) LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 VILLAGES OF LA COSTA City Of Carlsbad, California HUNSAKER & ASSOCIATES M&A M/14/2005 PUD 04-01 (A) PLANNED DEVELOPMENT PERMIT AMENDMENT 04-01 (A] LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 VILLAGES OF LA COSTA City Of Carlsbad, California HUNSAKER & ASSOCIATES PUD 04-01 (A) t /;///// PLANNED DEVELOPMENT PERMIT AMENDMENT 04-01 (A) LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 VILLAGES OF LA COSTA City Of Carlsbad, California PUD 04-01 (A) BOUNDARY DATA PLANNED DEVELOPMENT PERMIT AMENDMENT 04-01 (A) LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 VILLAGES OF LA COSTA City Of Carlsbad, California H&.A M/14/2005 Plan 1 Data: Square Footage: Living area = 2,844 sq. ft. Garage = 530 sq. ft Stories = 1 Occupancy Classification: Living area = R-3 Garage« U-1 Construction Type:TypeV-N Note: The floor pton match** the European Country etovatlon.PLAN ONE LA CtJSTA RIDOB Mark Gross & Associates, Inc. FBDNT BULOma PLANES - 5 REAR DUUXNG PUUKS » 2 Hevation'A'j r . -s- iff It 11 *uti____t_il 1 •^ t 1 — X. t ^^ I-N U! ... . f 11,,, 1 • j, ,„ _!_, *='rp-= - •Ctwlyanj telt = . ••• i~Ll_ X I M M i1 * =fr^ff^y|3 I I or ff «r » PLAN ONE LA COSTA RIDGE Mark Gross & Associates, Inc. FRONT BUILDING PLANES » I REAR KDLDWO PLANES .; I pEpC^^SpS^5TOgSEpE^^M^^Kffilt»M^f«=i3tt PLAN ONE LA COSTA RIDGE Mark Gross & Associates, Inc. Note The floor plan matches the Spanish Colon l«l etovstton. Square Footage: First floor living area = 2490 sq. ft Second floor living area = 1171 sq. ft I Total living area » 3661 sq. ft. Garage = 601 sq. ft Stories = 2 Occupancy Classification:Living area *= R-3 Garage« U-1 Construction Type: TypeV-N PLAN QNE-X LA COSTA RIPGE »S-SJCIJITIS, me.Mark Gross & Associates, Inc. -1 Note: The floor plan patches the Spanlih Colonial atovauon.PLAN ONE-X COSTA RIDGE Mark Cross & Associates, Inc. Spanish Colonial Elevation 'A' LA COSTA RIDGE 6 LA COSTA RIDGE Office/Opt. Bedroom 5 w/l Ba.4 Note: tltt floor plan matches the Tuscany •tevellon. Square Footage: , . . . First floor living area = . 2539 sq. ft Second floor living area = •' 1553sa. ft. Total living area = 4092 sq. ft Garage = 596 sq. ft. Stories = 2 Occupancy Classification: Living area = R-3 Garage a • ' u-1 . '. Construction Typo = Type V-N BEDROOM 5 & BA. 4 OPT1ON! PLAN .TWO LA COST A RIDQB Mark Gross te. Associates, Inc. Halt: The floor plan matches the Tuscany •tovaUon.PLAN TWO mLA COSTA RIDGE vuac CROSS * »saKaiTR IMC.Mark Gross it Associates, Inc. "Spanish Colonial Elevation 'A' FRONT. BUILDING.PLANES = 3 REAR BUCITHNG PLANE3 = 5 01' ff 1(T Iff PLAN TWO LA COSTA RIDGE Mark Gross & Associates, luc. LA COSTA RIDGE "European Coniitty Elevation Tf , PLAN TWO LA -COSTA RIDGE Mark Gross & Associates, Inc. 12 Square Footage: Ffrst floor Hvtag area - Second floor living area ~ Total living area - Garage = Porte Cochere a Covered Courtyard = Stories = 2 Occupancy Classification: Living area = R-3 Garage = U-1 Construction Type = Type V-N 1852 sq.ft. 4213 sq. ft 656 sq. ft 246sq.fL "213 sq. (L PLAN THREE, LA COSTA R10GE a r Mark Gross & Associates, Tnc. I I . .. I MaslcrBa. x*"! J : L v_>*1 4-4- 4-- PLAN I,A COSTA RI0QB Mark Gross & Associates, Inc. 14 NOTE FRONT BUUJINa PLANES = 5 REAfi BUELKNG PLANES > 4 SCALBlWr-T-IT, LA COSTA RIDGE .NOTE: nor.***. FRONT BUILDIHO PtANES •• 9 REAR BUMHNC PLANES « 4 "Moatecey. Ranch" Elevation'B' II )___•: O Porte-Cochcre LA COSTA RIDGE , 16 «l!oMS.«.23,a.ZB,8I-»5sr>di». FBOMI BUILDING PLWES a, « ' REAR BU1LPIHQ PLWES a: 4 pt • i^ Gtuden Stores* . jl ig- 1 "" 1 POrffi-Gorfict* LA COSTA RIDGE