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HomeMy WebLinkAboutPUD 05-13A; La Costa Oaks North 3.4 & 3.5; Planned Development - Major Subdivision (PD)CITY OF CARLSBAD TION FORM FOR CONSISTENCY D INATION APPLICATION CITY USE ONLY Project Number: PROJECT NAME: Villages of La Costa Neighborhood 3.4 &3.5, PUD 05-13(A) ~''~--•---~<'-~mN>~NNN ____ mn '"" ••••--- Assessor's Parcel Number(s): 223-850-01 to 223-850-39, 223-851-01 to 223-852-17 --·-···~----..-~v·-·--~---··----~·• ••n"""""""' _____ . .__•>•••-•••"••·--·•··--mvo Description of proposal (add attachment if necessary): Would you like to orally present your proposal to your assigned staff planner/engineer? Yes 0 No Please list the staff members you have previously spoken to regarding this project. If none, please so state. Shelley Glennon, Van Lynch, Chris Garcia OWNER NAME (Print): Pulte Home Corporation MAILING ADDRESS: 27101 Puerta Real, Ste 300 CITY, STATE, ZIP: Mission Viejo. CA 92691 TELEPHONE: 949-623-3700 EMAIL ADDRESS: David.hutchins@pulte.com *Owner's signature indicates permission to conduct a preliminary review for a development proposal. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MYKN~ 7~ ID·I~·II SIGNATURE t:>A.vtD -44lfl'C+-\\ t-1.$ DATE APPLICANT NAME (Print): Pulte Home Corporation MAILING ADDRESS: 27101 Puerta Real. Ste 300 CITY, STATE, ZIP: Mission Viejo, CA 92691 TELEPHONE: 949-623-3700 --------------------------EMAIL ADDRESS; David.hutchins@pulte.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Jack Henthorn & Associates MAILING ADDRESS: PO Box 237 CITY. STATE, ZIP: Carlsbad, CA 92018 TELEPHONE: 760 438-4090 EMAIL ADDRESS: henthorn@jhenthorn.com RECEIVED OCT 2 6 ?'m CITY OF CARLSBAD PLANNING DIVISION THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND ENTE~ THAT IS THE SUBJECT OF. THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. ~; DAve I:> .(.\.c.rr~ IIV.S. PROPERTY OWNER SIGNATURE FEE REQUIRED/DATE FEE PAID: --~ loLl3 /10 ~ 1. ~--~---···-------········--····--·-··-·--···········--·­ ······-G1~&>t2--------· ·····---····--·-· ····--···-··- RECEIVED BY: P-16 Page 2 of2 Revised 07110 October 21, 2011 Chris Garcia City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92018 .k Henthorn & Associate PO. Box 237 Carlsbad, California 92018-0237 (760) 438-4090 Fax (760) 438-0981 RECEIVED OCT 2 6 2011 CITY OF CARLSBAD PLANNING DIVISION SUBJECT: Consistency Determination Villages of La Costa, Neighborhood 3.4/3.5 -Pulte Homes -PUD 05-13 (A) Dear Chris, Attached is a Consistency Determination submittal for the above referenced project. The colored plotting exhibit is being submitted to simplify and expedite the review of the proposal. It is recognized that it will be necessary to provide updated sheets to be slip- sheeted into the original approved PUDA plan set to memorialize the approval of the requested changes. In addition, two tables are being submitted to demonstrate the proposal's setback and architectural compliance with the Villages of La Costa Master Plan development standards. A third table, entitled Re-plotting Summary Table is included to identify how each lot is impacted by the proposal. Finally, the enclosed, annotated, consistency determination criteria list shows that all ten of the Consistency Determination Criteria contained in Policy 35 are met and that the proposed plotting revisions represent an upgrade in overall plotting through the provision of 6 additional single story units. The information below describes the proposed revisions. PUD Plotting The primary reason for the revisions to the approved plotting of the units is to adjust the mix to address market responses to the product and to increase the number of single story units. r\. 1902 Wright Place, Ste 200, Carlsbad, CA 92008 Page 2 of3 Re: Consistency Determination, PUD 05-13 (A) October 21, 2011 This proposal would modify the plan type mix as shown below: Plan Type Approved p 1 10 P2 24 P3 25 P4 24 ARCHITECTURE Proposed 16 25 13 29 Minor shifting of architectural styles was necessary to accommodate the re-plotting and increase in single story units. The end result is that there is now one additional A (Spanish) elevation and one additional 8 (European Country) elevation in the project. Color scheme changes have occurred on 14 of the lots as a result of plan/elevation style changes. These changes have occurred on 9 lots that were not re-plotted (56, 60, 67, 70. 73, 74, 76, 77 and 79). These changes were necessary to maintain compliance with the development standards of the master plan. The Architectural Criteria Compliance Table included with this application itemizes the changes described above. In addition, a Re-plotting Summary Table is included to assist in tracking the types of changes that are proposed on a lot by lot basis. SETBACK ANALYSIS Each re-plotted lot was analyzed for compliance with the Villages of La Costa Master Plan setback requirements. -The Setback Compliance Table submitted with this application package demonstrates that all the Master Plan requirements are met or exceeded on each re-plotted lot. The impact of the re-plotting on the average front yard setback has been analyzed and is presented in the Setback Compliance Table. The re-plotting results in a reduction of the neighborhood average front yard setback of 0.64 feet or 2.9 percent. Page 3 of3 Re: Consistency Determination, PUD 05-13 (A)- October 21, 2011 In conclusion, it is requested that a determination be made that this submittal is consistent with the original approval of PUD 05-13 (A). If you should have any questions or concerns, please contact me at your convenience. Sincerely, c Henthorn & Cc: Encl. File Copy Client Application package Consistency Determination Criteria Villages of La Costa Neighborhood 3.4/3.5 PUD 05-13(A) 1) No project condition, feature, facility, or amenity is changed or deleted that had been considered essential to the project's design, quality, safety, or function; • All essential conditions, features, facilities and amenities have been retained to insure the project's approved design, quality, safety and function in that the proposal involves only the re-plotting of 13 units and associated minor architectural changes. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood; • The request results in an upgrade to the overall site design through an increase in single story units thereby improving the overall street scene. 3) The proposed revision does not change the density (i.e. the addition of units) or boundary of the subject property; • The request does not modify the density of the approval since it simply entails the rearrangement of the previously approved units. The boundaries of the subject project and the approved lots have not changed. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit (e.g. adding a commercial use to a residential project, replacing single family units with attached residential units, vice versa for each example, etc.); • There are no additions of new land uses. All land uses as shown on the original permit remain unchanged. 5) The proposed revision does not rearrange the major land uses within the development (e.g. it does not exchange the locations of the single family units with attached units); • The proposed revision only rearranges plan types on existing approved lots. 6) The proposed revision does not create changes of greater than ten percent ( 1 0% ), provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code as follows: Per individual lot or structure -yards, setbacks, coverage or height (height reductions of > 10% are permitted); On an aggregate project basis-parking, open space common area or landscaping: • All proposed revisions meet or exceed the development standards established by the Villages of La Costa Master Plan. Supporting detail is provided in the accompanying revised documents and tables and all changes are within 10% of the required standards .. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation; • All changes are proposed within the originally approved development criteria. The re-plotting occurs on existing approved lots using existing approved plan types and architecture. 8) The proposed change will not result in any health, safety, or welfare impacts; • The modifications proposed are limited to re-plotting or product type and do not impact health, safety or general welfare of existing or future residents 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change; and • There were no major issues or controversies associated with the original project. 1 0) The proposed change would not be readily discernible to the decision makers as being substantially different from the project as originally approved. • The proposed changes to the plotting would not be discernible to decision makers as being substantially different since the changes use existing approved plan types, architectural styles and colors. The proposed revision does comply with all of the above listed Consistency Determination findings and a determination of consistency with the original approvals is requested. ... . City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111 ~ 11111111111111111 Applicant: PULTE HOME CORPORATION Description Amount CD110017 663.00 3448 CORTE PANORAMA CBAD Receipt Number: R0087007 Transaction ID: R0087007 Transaction Date: 10/26/2011 Pay Type Method Description Amount Payment Check 663.00 Transaction Amount: 663.00 I City of Carlsbad Faraday Center Faraday Cashiering 001 1129901-110/26/2011136 Wed, Oct 26, 2011 11:00 AM Receipt Ref Nbr: R1129901-1/0026 PERMITS -PERMITS Tran Ref Nbr: 112990101 0026 0028 Trans/Rcpt#: R0087007 SET#: CD110017 Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 0065348364) Total Received: Have a nice day! 1 @ $663.00 $663.00 $663.00 $663.00 $663.00 $663.00 **************CUSTOMER COPY************* <<~';, ~ CITY OF CARLSBAD ............ ~ LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov APPLICATIIJNS APPLIED FOR: (CHECK BOXES) Developm·ent Permits D Administrative Permit D Coastal Development Permit(*) 0Minor D Conditional Use Permit (*) 0Minor 0 Extension D Environmental Impact Assessment D Habitat Management Permit OMinor D Hillside Development Permit (*) [{] Planned Development Permit 0 Residential 0 Non-Residential D Planned Industrial Permit D Planning Commission Determination D Site Development Plan D Special Use Permit D Tentative Tract Map D Variance D Administrative (FOR DEPT. USE ONLY) Legislative Permits "Pl..\005-l D General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan 0Amendment D Specific Plan 0 Amendment D Zone Change (*) 0 Zone Code Amendment 3 LA) (* List other applications not specified D D D ) = eligible for 25% discount (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 223-850-01 through 39; 223-851-01 through 27; 223-852-01 Through 17 PROJECT NAME: La Costa Oaks North -Neighborhood 3.4 & 3.5 BRIEF DESCRIPTION OF PROJECT: Architecture and Plotting for 83 residential lots within Neighborhood 3.4 & 3.5 BRIEF LEGAL DESCRIPTION: Lots 1 through 83 inclusive of City of Carlsbad Tract 05-16, according to map No. 15597, Filed in the Office of the County recorder of San Diego County August 22, 2007 LOCATION OF PROJECT: None Assigned yet ------~--~---------------S~T~R~E~E~T~A~D~D~R~E~S~S~------------------------- ON THE: West SIDE OF Rancho Santa Fe Road (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN San Elijo Road AND Avenida Soledad (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of 5 Revised 01/10 OWNER NAME (Print): Real Estate Collateral Mngnt Comp .. MAILING ADDRESS: 1903 Wright Place, Ste 180 CITY, STATE, ZIP: Carlsbad, CA 92008 ----------------------------TELEPHONE: 760 929 2701 EMAIL ADDRESS: • APPLICANT NAME (Print): Pulte Home Corporation MAILING ADDRESS: 27101 Puerta real, Ste 300 CITY, STATE, ZIP: Mission Viejo, CA 92691 TELEPHONE: 949-330 -11'00 ---------------------------EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE AL REPRESENTATIVE OF THE OWNER FORMATION IS TRUE AND CORRECT TO GE. INFORI\fcATIO TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE AB KNO THE BEST OF MY K DATE DATE APPLICANTS REPRESENTATIVE (Print): Jack Henthorn & Associates -------------------------------------------------------MAILING ADDRESS: PO Box 237 --------------------------------------------------------------------CITY, STATE, ZIP: Carlsbad, CA 92018 TELEPHONE: EMAIL ADDRESS: 760 438 4090 LEGAL REPRESENTATIVE OF THE ABOVE INFORMATION IS TRUE AND NOWLEDGE. -/() THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. _....!:::""'._.STRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING Rt:~bf~ HE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH NO ANY SUCCESSORS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of 5 RECEIVED CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 01/10 • PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start unti 1 a project application is deemed complete by the city. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. when the application is complete, the processing period will s upon the d te of the completion letter. Applicant signature: Staff Signature: Date: • • To be stapled with receipt to application Copy for file ATTACHMENT "1" 1 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 PLA.O 03-13 (.A) ENTATIVE RECEIVED BY DATE: AJ -,.,.,., -I 0 P-21 Page 3of6 Revised 08109 ----------- DISCLOSURE STATEMENT P-1(A) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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 any 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. 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, titles, addresses of all individuals owning more than 1 0% 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.) Pe~on Richard Douglass Cor~Part Pulte HOme Corporation Division VIce Pres. Title Land (So. Calif. Div) Title _____________ _ Address 27101 PUerta Real #30CAddress27101 Puerta Real, Ste 300 MISSIOn VIeJO, CA 92691 Mission Viejo, CA 92691 2. OWNER (Not the owner's agent) P-1 (A) 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 Fred M. Arbuckle Agent for RECM: Title President Morrow Dev 1093 Wright Place Address St e 1 ao Carlsbad, CA 92008 Corp/PartReal Estate Collateral Management Company Title ______________ _ 1903 Wright Place Address Ste 180 Carlsbad, CA 92008 Page 1 of 2 Revised 04/09 3. 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 trustee or beneficiary of the. Non Profit!Trust Non Profit!Trust. _________ _ Title. ___________ _ Title _____________ _ Address. _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes IZI No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 04/09 «~); ~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ 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. D 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: __ P_u_l_t_e_H_o_m_e_c_o_r_p_o_r_a_t_l_· o_n __ _ Address: 27101 Puerta Real, Ste 300 Mission Viejo, CA 92691 Phone Number:_9_4_9_-_6_2_3_-_3_7_o_o ____ _ PROPERTY OWNER Name: Real Estate Collateral Management company Address: 1903 Wright Place, Ste 180 Carlsbad, CA 92008 760-929-2701 Phone Number: __________ _ Address of Site: __ N_o_t_a_s_s_i-=g=-n_e_d--=..y_e_t __________________ _ Local Agency (City and county): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:223-850-01 through39; 223-851-01 through 27; 223-852-01 through 17 Specify list(s): __ N__..:._/_A __________________________ _ Regulatory Identification Number: ___ N_/_A ___________________ _ Da::::« Applicant Signature/Date perty Owner Signatur~ ~'tR6cW\C/ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1 (C) Page 1 of 2 Revised 04/09 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: La Costa Oaks North-Neighborhoods 3.4 & 3.5 APPLICANT NAME: Pulte Home Corporation 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 Home Corporation is requesting the approval of a Major Planned Unit Development Amendment for The Villages of La Costa, Oaks North Village, Neighborhoods 3.4 & 3.5 located south of San Elijo Road, west of Rancho Santa Fe Road and east of Sitio Corazon. The proposed project includes the plotting and architecture of 83 Single Family Detached Homes. The proposed homes will consist of four (4) floor plans ranging in size from approximately 1900 to 2700 square feet. Each floor plan type will have three (3) distinct elevation styles. Plan 1-Approximately 1914 sq. ft. Elevation Styles -Italian/Tuscan European Country Spanish Colonial Plan 2-Approximately 2462 sq. ft. Elevation Styles -Italian/Tuscan European Country Spanish Colonial Plan 3 -Approximately 2663 sq. ft. Elevation Styles -Italian/Tuscan European Country Spanish Colonial Plan 4-Approximately 2889 sq. ft. Elevation Styles -Itallian/Tuscan European Country Spanish Colonial To further create a sense of diversity throughout the community, professionally designed color schemes have been created for each architectural style. Included with the application package are the color and material boards for each color scheme. There are currently four 4 color schemes proposed for each of the three (3) architectural styles proposed for a total of twelve (12) color schemes. GEOCON INCORPORATED Project No. 06105-52-27 March 5, 2010 • ------------------- Pu1te Homes, Incorporated 27101 Puerta Real, Suite 300 Mission Viejo, California 92619 Attention: Subject: Mr. David Hutchins VILLAGES OF LA COSTA-THE OAKS NORTH NEIGHBORHOOD 3.4 AND 3.5 CARLSBAD, CALIFORNIA DRAINAGE SWALES Dear Mr. Hutchins: GEOTECHNICAl CONSUlTANTS 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. We understand 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 IN CORPORA TED Ali Sadr CEG 1778 AS:dmc (2) (2/del) Addressee Hunsaker & Associates Attention: Ms. Marybeth Murray 6960 Flonder' Drive • Son Diego, California 92121-297 4 • Telephone [858) 558-6900 • Fox ( 858) 558-6159 ~ ~·CITY OF CARLSBAD INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Applicant responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by the applicant, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If applicants are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, they are advised to seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, applicants for construction permits must also complete, sign and submit a Project Threat Assessment Form to address construction aspects of the project. Please answer the questions below, follow the instructions and sign the form at the end. I 1. Is your project a significant redevelopment? DEFINITION: Significant redevelopment is defined as the creation, addition or replacement of at least 5,000 square feet of impeNious surface on an already existing developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction remodeling; replacement of an impefVious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impefVious surfaces. Replacement of impeNious surfaces includes any activity that is not part of a routine maintenance activity where impefVious material(s) are removed, exposing underlying soil during construction. Note: If the Significant Redevelopment results in an increase of less than ftfty percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria discussed in Saction 2 of the SUSMP applies only to the addition, and not to the entire development. If your project IS considered significant redevelopment, then please skip Section 1 and proceed with Section 2. If your project IS NOT considered significant redevelopment, then please proceed to Section 1. E-34 Page 1 of3 REV 3122/10 .. ,. ~ «-c~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Develooment Services Englneerln1 Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov SECTION 1 NEW DEVELOPMENT PRIORITY PROJECT TYPE YES NO Does you project meet one or more of the following criteria: 1. H!l,U§.lng l.!!.tl.~lvl§.iOn§. !l,f 1fl. or m2!J dweili!J.SI. ualfl. Examples: single family homes, multi-family homes, 1,/" condominium and aoartments 2. Commercial-lll!ft!r fbaa 1-ICIJ. Any development other than heavy industry or residential. Examples: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial v nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels· office buildings; public warehouses· automotive dealerships; airfields; and other liaht industrial facilities. 3. HMVV I!J.dlll.trla/1 lnd!!.strv-pl!lfer than 1 aCI!. Examples: manufacturing plants, food processing plants, metal t/ working facilities, printing plants, and fleet storage areas (bus, truck, etc.). 4. A!!.fwnotlve repair Shfl.p. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, / 5014, 5541, 7532-7534, and 7536-7539 5. Ruttu!!ntl,. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the / land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirements and hydromodification requirements. v / v v 6. Hllisid! development. Any development that creates 5,000 square feet of impervious surface and is located in an / area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five _percent (25% )_or greater. 7. Environmentailv Sensitive Al'!l fESAJ1• All development located within or directly adjacent2 to or discharging directly' to an ESA (where discharges from the development or redevelopment will enter receiving waters within the / ESA), which either creates 2,500 square feet of impervious surface on a proposed project site or increases the area of imperviousness of a proPOSed project site to 10%or more of its naturally occurrina condition. 8. Parki!J.SI. l!l,t. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban I runoff 9. Streeq. rotds. hlqhwtn. tnd freeW!YI· Any paved surface that is 5,000 square feet or greater used for the ~ transportation of automobiles, trucks, motorcycles, and other vehicles 10. R!t•ll fl.•l.21l!J.§. Q!!.tl§.tl,. Serving more than 100 vehicles per day and greater than 5,000 square feet / 11. Coasttl Develooment Zone. Any project located within 200 feet of the Pacific Ocean and ( 1) creates more than / 2500 square feet of impermeable surface or (2) increases impermeable surface on property by more than 10%. 12. M2!! than 1-tcre of disturbance. Project results in the disturbance of more than 1-acre or more of land and is v' considered a Pollutant-generating Development Project4• 1 Environmentally Sensitive Areas Include but are not limited to aU Clean Water Act .Section 303(d) Impaired watar bodies, areas designated as Areas of Spacial Biological Slgnlllcence by the State Watar Resources Control Board (Water Quality Control Plan for the San Diego Besln (1994) and amendments); watar bodies designated with the RARE benefiCial use by the State Watar Resoun;es Control Board (Watar Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the MuiU Species Conservation Progrem within the ClUes end County of San Diego; and any other equivalent anvlronmentally sensitive areas which have been Identified by the Copennlttees. 2 "Dir8ctly adjacent" means situated within 200 feat of the Environmentally Sensitive Area. 3 'Discharging directly to' means outflow rrom a drelnage conveyance system that Is composed entirely of llows from the subject development or redevelopment site, end not commingled with flow from adjacent lands. 4 Pollutant-generaUng Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these Include all projects that contribute to an exceedance to an Impaired water body or which create new Impervious surfaces greater than 5000 square feet and/or Introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for Infrequent vehicle use, such es emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-genereting Development Projects If they are built with pervious surfaces or If they sheet flow to surround! rvloua surfaces. Section 1 Rgulg; .If you answered YES to ANY of the questions above your project is subject to Priority Development Project requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements• box in Section 3. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at time of application. If you answered NO to ALL of the questions above, then your project is subject to Standard Stonnwater Requlrementa. Please check the "does not meet PDP requirements" box in Section 3. E-34 Page 2 of3 REV 3/22/10 v / ~ v & ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov SECTION2 SIGNIFICANT REDEVELOPMENT Complete the questions below regarding your redevelopment project: YES NO 1. Project results in the disturbance of more than 1-acre or more of land and is considered a Pollutant-generating Development Project (see definition in Section 1). If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements• box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) If you answered YES, please proceed to question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements• box in Section 3 below. 3. Is the project ~ limited to just one of the following: a. Trenching and resurfacing associated with utility work? b. Resurfacing and reconfiguring existing surface parking lots? c. New sidewalk construction, pedestrian ramps, or bike lane on public and/or private existing roads? d. Replacement of existing damaged pavement? if you answered NO to ALL of the questions, then proceed to question 4. If you answered YES to ANY of the questions then you ARE NOT a significant redevelopment and your project is subject to Standard Stormwater Requirements. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on an existing development or, be located within 200 feet of the Pacific Ocean and (1)create more than 2500 square feet of impermeable surface or (2) increases impermeable surface on the property by more than 1 0%? If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. I SECTION 3 Questionnaire R!!ulg: project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and must prepare a Storm Water Management Plan for submittal at time of application. y project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. Applicant lnfonnation and Signature Box Thla Box for Cly Uae Only City Concurrence: I YES I NO I I By: Oate: Project 10: E-34 Page 3 of3 REV 3122/10 .. -• Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department: Chicago Title Company Attn: Tom Votel/Ken Cyr Email: votelt@ctt.com & ken.cyr@ctt.com Phone: (619) 521-3673 Fax: (619) 521-3608 Order No.: 73014475-U50 FIRST AMENDED PRELIMINARY REPORT Property Address: Oaks North 3.4 & 3.5 Dated as of: November 24, 2009 at 7:30am CHICAGO TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE OWNER'S POLICY CL TA Preliminary Report Form (Rev 1/1/95) Page I ------------------ - • Order No.: 73014475-USO SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form (Rev 1/1/95) Page 2 • Order No.: 73014475-U50 LEGAL DESCRIPTION LOTS I THROUGH 83 INCLUSIVE, OF CITY OF CARLSBAD TRACT 05-16 LA COSTA OAKS NORTH-NEIGHBORHOODS 3.4 & 3.5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15597, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 22, 2007. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form (Rev 1/1/95) Page 3 • Order No.: 73014475-USO SCHEDULER At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 -2010 1st Installment: 2"d Installment: Penalty and Cost: Homeowners Exemption: Code Area: Assessors Parcel Number: $varies, Paid $varies $varies (Due after April 1 0) $none varies 2230850-01 through 39; 223-851-01 through 27; 223-852-01 through 17 2. The lien of supplemental taxes, if any, assessed pursuant to the proviSions of Chapter 3.5 (commencing with Section 75) ofthe revenue and taxation code ofthe State of California CL TA Preliminary Report Form (Rev 111/95) Page 4 SCHEDULED (continued) Order No.: 73014475-USO 3. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: Affects: $150,000,000.00 November 5, 1988 Fieldstone-La Costa Associates Limited Partnership, a California limited partnership First American Title Insurance Company Continental Illinois National Bank and Trust November 17, 1988 as file no. 88-592631 of Official Records The herein described land and other land. An Agreement to modify the terms and provisions of said Deed of Trust as therein provided. Executed by: Recorded: Continental Bank N.A., a national banking association and Fieldstone/La Costa Associates Limited Partnership, a California limited partnership February 19, 1992 as file no. 1992-0087549 of Official Records Assignment and Assumption of Deed of Trust and Other Loan Documents. Assignee: Recorded: HFC Commercial Realty, Inc., a Delaware corporation December 6, 1999 as file no. 99-794424 of Official Records A Substitution of Trustee under said Deed of Trust which names the substituted Trustee, the following Trustee: Chicago Title Company, a California corporation Recorded: October 3, 2001 as file no. 2001-0715474 of Official Records A Substitution of Trustee under said Deed of Trust which names the substituted Trustee, the following Trustee: Chicago Title Company Recorded: Aprill3, 2007 as file no. 2007-0250429 of Official Records 4. A pending assessment for the District shown below. When notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land. District: Disclosed By: Recorded: CLTA Preliminary Report Form (Rev 111/95) Community Facilities District No. I Assessment District Diagram December 19, 1990 as Instrument No. 1990-0674118 of Official Records Page 5 SCHEDULED (continued) Order No.: 73014475-USO A Notice Of Special Tax Lien pursuant to Sections 3114.5 of the Streets And Highway Code and Section 53328.3 of the Government Code imposing a continuing lien not yet due and payable Executed by: Dated: Purpose: Recorded: City Clerk, City of Carlsbad May 17, 1991 Community Facilities District No. 1 May 20, 1991 as Instrument No. 1991-0236959 of Official Records 5. A document entitled "1996 Rancho Santa Fe Road Agreement", dated, February 3, 1997, executed by City of Carlsbad and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded March 20, 1998 as Instrument No. 1998-0152405, of Official Records. 6. A document entitled "1996 Parks Agreement", dated, February 3, 1997, executed by the City of Carlsbad, a municipal corporation of the State of California ("City") and Real Estate Collateral Management Company, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded March 20, 1998 as Instrument No. 1998-0152412, of Official Records. 7. A document entitled "Petition, Waiver and Consent to Creation of a Community Facilities and Agreement to Pay Fair Share", dated, February 7, 2002, executed by Real Estate Collateral Management Company, a Delaware corporation and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded February 27, 2002 as Instrument No. 2002- 0164835, of Official Records. 8. A document entitled "Notice of Restriction on Real Property", executed by the City of Carlsbad and Real Estate Collateral Management Company, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded August 19, 2004 as file no. 2004-0788478 of Official Records. 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress April 19, 2005 as Instrument No. 2005-0320923, of Official Records The exact location and extent of said easement is not disclosed of record 10. A document entitled "Second Amended and Restated Affordable Housing Agreement Imposing Restrictions on Real Property", dated, March 1, 2006, executed by City of Carlsbad, a municipal corporation and Real Estate Collateral Management Company, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded March 27, 2006 as Instrument No. 2006-021 0268, of Official Records. 11. A Notice of Restriction on Real Property, recorded April 18, 2006 as Instrument No. 2006- 0271050, of Official Records. CLTA Preliminary Report Form (Rev 1/1/95) Page 6 SCHEDULED (continued) Order No.: 73014475-USO 12. A document entitled "Notice of Waiver Concerning Proximity of the Planned or Existing Rancho Santa Fe Road Transportation Corridor(s) Case No. CT 99-04/PUD 01-08/HDP 99- 02/SUP 01-03", dated, February 7, 2006, executed by Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded April 18, 2006 as Instrument No. 2006-0271 051, of Official Records. 13. A document entitled "Hold Harmless Agreement Geological Failure", dated, March 28, 2006, executed by Real Estate Collateral Management Company, a Delaware corporation, in favor of City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded September 15, 2006 as Instrument No. 2006-0658171, of Official Records. 14. A document entitled "Hold Harmless Agreement Drainage", dated, March 28, 2006, executed by Real Estate Collateral Management Company, a Delaware corporation, in favor of City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded September 15, 2006 as Instrument No. 2006-0658173, of Official Records. 15. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas & Electric Company Utilities, ingress and egress February 22, 2007 as file no. 2007-0119510 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 16. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded March 27, 2007 as Instrument No. 2007-0205915, of Official Records. 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Pacific Bell Telephone Company public utilities, ingress, egress July 23. 2007 as Instrument No. 2007-0490068, of Official Records The exact location and extent of said easement is not disclosed of record 18. A Document Entitled "Hold Harmless Agreement Drainage", executed by Real Estate Collateral Management Company, a Delaware corporation, in favor of the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded August 1, 2007 as file no. 2007- 0514839, of official records. 19. A Document Entitled "Hold Harmless Agreement Geological Failure", executed by Real Estate Collateral Management Company, a Delaware corporation, in favor of the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded August 1, 2007 as file no. 2007-0514840, of official records. 20. The fact that the ownership of said land does not include rights of access to or from the street or highway abutting said land, such rights having been relinquished by the map of said tract. CLTA Preliminary Report Form (Rev 1/1/95) Page 7 Affects: SCHEDULED (continued) Order No.: 73014475-USO Avenida Soledad, adjacent to Lot 75; Sitio Corazon, adjacent to Lots 1, 39 & 83; and Corte Fortuna, adjacent to Lots 48 & 66 Said land however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 21. A document entitled "Vallecitos Water District Water Service Agreement", dated, February 7, 2008, executed by Vallecitos Water District, a public agency and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded February 13,2008 as file no. 2008-0076019 of Official Records. Said matter affects Lot 29 22. A document entitled "Vallecitos Water District Water Service Agreement", dated, February 7, 2008, executed by Vallecitos Water District, a public agency and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded February 13, 2008 as file no. 2008-0076020 of Official Records. Said matter affects Lot 30 CLTA Preliminary Report Form (Rev 1/1/95) Page 8 SCHEDULED (continued) Order No.: 73014475-USO 23. A document entitled "Vallecitos Water District Water Service Agreement", dated, February 7, 2008, executed by Vallecitos Water District, a public agency and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded February 13, 2008 as file no. 2008-0076021 of Official Records. Said matter affects Lot 31 24. A document entitled "Vallecitos Water District Water Service Agreement", dated, February 7, 2008, executed by Vallecitos Water District, a public agency and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded February 13, 2008 as file no. 2008-0076022 of Official Records. Said matter affects Lot 33 25. A document entitled "Vallecitos Water District Water Service Agreement", dated, February 7, 2008, executed by Vallecitos Water District, a public agency and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded February 13, 2008 as file no. 2008-0076023 of Official Records. Said matter affects Lot 34 26. A document entitled "Vallecitos Water District Water Service Agreement", dated, February 7, 2008, executed by Vallecitos Water District, a public agency and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded February 13, 2008 as file no. 2008-0076024 of Official Records. Said matter affects Lot 35 27. A document entitled "Vallecitos Water District Water Service Agreement", dated, February 7, 2008, executed by Vallecitos Water District, a public agency and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded February 19, 2008 as file no. 2008-0083905 of Official Records. Said matter affects Lot 32 28. A pending assessment for the District shown below. When notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land. District: Disclosed By: Recorded: CLTA Preliminary Report Form (Rev 1/1/95) Amended Map of Boundaries of Community Facilities District No. 94-2, Annexation No.2, San Dieguito High School District Assessment District Diagram March 10, 2008 as file no. 2008-0123799 of Official Records Page 9 SCHEDULED (continued) Order No.: 73014475-USO A Notice Of Special Tax Lien pursuant to Sections 3114.5 of the Streets And Highway Code and Section 53328.3 of the Government Code imposing a continuing lien not yet due and payable Executed by: Dated: Purpose: Recorded: CLTA Preliminary Report Form (Rev 1/1/95) San Dieguito Union High School District May 15,2008 Community Facilities District No. 94-2, Annexation No.2 May 19, 2008 as file no. 2008-0267264 of Official Records Page 10 SCHEDULED (continued) Order No.: 73014475-USO 29. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493276 of Official Records. Affects: Lot 74 30. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493277 of Official Records. Affects: Lot 76 31. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493278 of Official Records. Affects: Lot 75 32. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493279 of Official Records. Affects: Lot 77 33. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493280 of Official Records. Affects: Lot 78 34. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493281 of Official Records. Affects: Lot 79 35. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493282 of Official Records. Affects: Lot 80 CLTA Preliminary Report Form (Rev 111195) Page II SCHEDULED (continued) Order No.: 73014475-050 36. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493283 of Official Records. Affects: Lot 72 37. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493284 of Official Records. Affects: Lot 73 38. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493285 of Official Records. Affects: Lot 71 39. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493286 of Official Records. Affects: Lot 70 40. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493287 of Official Records. Affects: Lot 69 41. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493288 of Official Records. Affects: Lot 64 42. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493289 of Official Records. CLTA Preliminary Report Form (Rev 111/95) Page 12 Affects: Lot 63 SCHEDULED (continued) Order No.: 73014475-USO 43. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493290 of Official Records. Affects: Lot 62 44. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493291 of0fficia1 Records. Affects: Lot 61 45. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493292 of Official Records. Affects: Lot 60 46. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493293 of Official Records. Affects: Lot 59 47. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493294 of Official Records. Affects: Lot 58 48. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493295 of Official Records. Affects: Lot 57 49. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493296 of Official Records. CLTA Preliminary Report Form (Rev 1/1/95) Page 13 Affects: Lot 56 SCHEDULEB (continued) Order No.: 73014475-USO 50. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493297 of Official Records. Affects: Lot 55 51. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493298 of Official Records. Affects: Lot 54 52. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493299 of Official Records. Affects: Lot 53 53. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493300 of Official Records. Affects: Lot 52 54. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17. 2008 as file no. 2008-0493301 of Official Records. Affects: Lot 51 55. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493302 of Official Records. Affects: Lot 50 CLTA Preliminary Report Form (Rev 1/1/95) Page 14 SCHEDULED (continued) Order No.: 73014475-USO 56. A document entitled "Vallecitos Water District Water Service Agreement", dated, September 9, 2008, executed by Vallecitos Water District and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded September 17, 2008 as file no. 2008-0493303 of Official Records. Affects: Lot 49 57. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: June 27, 2003 as file no. 2003-0765993 and re-recorded September 30, 2003 as file no. 2003-01200575 of Official Records (Community Declaration) Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instrument Recorded: November 4, 2008 as File no. 2008-0577486 of Official Records END OF SCHEDULE B CLTA Preliminary Report Form (Rev 111/95) Page 15 Order No.: 73014475-U50 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. CL TA Preliminary Report Form (Rev 111195) Page 16 CHICAGO TITLE INSURANCE COMPANY Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy oftoday's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • To agents, brokers or representatives to provide you with services you have requested; • To third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • To others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 60 I Riverside Drive Jacksonville, FL 32204 If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (10-21-03) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: l. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for he insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items I2 and I3 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date --unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, cost, attorneys' fees and expenses resulting from: I. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed or you land 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss costs attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use. if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any Jaw or government regulation. Exceptions and Exclusions ~---- CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. Building b. Zoning c. Land use d. Improvements on Land e. Land division f. Environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17, or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE (Continued) 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The abo-ve policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Instructions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Exceptions and Exclusions • • ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority ofthe lien of the Insured Mortgage as to advances or modifications made after the insured has knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are known to the insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. Exceptions and Exclusions ' . • . " . \ . .,. ~ , ... Ill., -:. • ~ I ~111111~111~1~ ~lmiiiMIIIIIIIII m 1111 ...... . ' ' . . ; Applicant: JACK HENTHORN & ASSOCIATES ' .. Description Amount PUD0513A 18.48 Receipt Number: R0081130 Transaction ID: R0081130 Transaction Date: 09/20/2010 Pay Type Method Description Amount Payment Check 18.48 Transaction Amount: 18.48 City of Carlsbad Faraday Center Faraday Cashiering 001 1026301-3 09/20/2010 96 Mon, Sep 20, 2010 03:07 PM Receipt Ref Nbr: R1026301-3/0016 PERMITS -PERMITS Tran Ref Nbr: 102630103 0016 0017 Trans/Rcpt#: R0081130 SET #: PUD0513A Amount: Item Subtotal : Item Total: 1 @ $18.48 $18.48 $18.48 ITEM(S) TOTAL: $18.48 Check (Chk# 004243) $18.48 Total Received: $18.48 Have a nicE: ,ay! ***• '* *****CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111 ~11111111~1 ~ 1~ 1m ~1111111111111111~ 1111 Applicant: PULTE HOME CORPORATION Description Amount PUD0513A 8,052.88 Receipt Number: R0078946 Transaction ID: R0078946 Transaction Date: 04/14/2010 Pay Type Method Description Amount Payment Check 8,052.88 Transaction Amount: 8,052.88 r City of Carlsbad Faraday Center Faraday Cashiering 001 1010401-4 04/14/2010 35 Wed, Apr 14, 201 0 11 : 14 AM Receipt Ref Nbr: R1010401-4/0004 PERMITS -PERMITS Tran Ref Nbr: 101040104 0004 0004 Trans/Rcpt#: R0078946 SET #: PUD0513A Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 0065336115) Check (Chk# 2671) Total Received: Have a nice day! 1 @ $8,052.88 $8,052.88 $8,052.88 $8,052.88 $7,772.76 $280.12 $8,052.88 **************CUSTOMER COPY************* • -·Notice ofDeterm!ation To: Office of Planning and Research P.O. Box 3044 • From: CITY OF CARLSBAD Planning Division 100309 Sacramento, CA 95812-3044 1635 Faraday Avenue fF1 0 [1. !]; []) Carlsbad, CA 92008 DavidButler.Rocordor/Count Clerk (760) 602-4600 y SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway San Diego, CA 921 0 1 DEC 2 8 2010 aY L. Kesian DEPUTY Project No: PUD 05-13(A) Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. La Costa Oaks North 3.4 & 3.5 Project Title 199901011023 City of Carlsbad, Shelley Glennon (760) 602-4625 State Clearinghouse No. Lead Agency, Contact Person Telephone Number West of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in the City of Carlsbad, County of San Diego. Project Locations (include County) Name of Applicant: Pulte Home Corporation Applicant's Address: 27101 Puerta Real, Suite 300, Mission Viejo, CA 92691 Applicant's Telephone Number: (858) 490-2332 Project Description: Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR (EIR 98-07) and that the Program EIR adequately describes the activity for the purposes of CEQA; and approval of a Planned Development Permit Amendment for building floor plans, elevations and plotting for 83 detached single-family homes within the Villages of La Costa Oaks North Neighborhoods 3.4 & 3.5, within Local Facilities Management Zone 11. This is to advise that the City of Carlsbad has approved the above described project on November 30, 20 I 0, and has made the following determination regarding the above described project. l. Tht project will not have a significant effect on the environment 2. An Environmental Impact report was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval ofthe project. 4. A mitigation reporting or monitoring plan was previously adopted for this project. 5. A statement of Overriding Considerations was previously adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Villages of La Costa Program EIR 98-07 with comments and responses an[2/L' approval is av~itl~::: t::· 0::~::~::: :::~1::~ CA~:O DON NEU, City Planner DEC Date Date received for filing at OPR: ;2n Dieg'b~~ulty on . · 2 8 7010 ,)osted · 8 7010 Removed FEB 1 0 ZOH ~eturned to agenc~on FER f [I 1~~1 .leputy _________ l. Kesian Revised 06/10 r---------------------------~-~-~------------------------------., Er.t J. Dronenburg, Jr. - COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 *Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 *San Diego, CA 92112-1750 Tel. (619)237-0502 *Fax (619}557-4155 Transaction#: 239387520101228 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 28-Dec-2010 16:15 FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref# NOD: 0309 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents I State of California-The Resources Agen. D~PARTMENT OF FISH AND GAME 2010 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD COUNTY/STATE AGENCY OF FILING SAN DIEGO PROJECT TITLE LA COSTA OAKS NORTH 3.4 & 3.5 PROJECT APPLICANT NAME PUL TE HOME CORPORATION PROJECT APPLICANT ADDRESS 27101 PUERTA REAL, SUITE 300 PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency 0 School District CHECK APPLICABLE FEES: D Environmental Impact Report D Negative Declaration CITY MISSION VIEJO 0 Other Special District D Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs IZ.I County Administrative Fee D Project that is exempt from fees RECEIPT# SD2010 1209 STATE CLEARING HOUSE#(IfapplicableJ 199901011023 STATE CA 0 State Agency $2,792.25 $2,010.25 $850.00 $ $ $ DATE 12-28-2010 DOCUMENT NUMBER *20100309* PHONE NUMBER 858-490-2332 ZIP CODE 92691 IZ.J Private Entity ~~<)l\1') $949.50 $ -··,·{ $50.00 $50.00 $ 0 Notice of Exemption DFC 3 0 lG\Il IZ.J DFG No Effect Determination (Form Attached) 0 Other __________________ ___j--:c···,,·,n~· $ ______ _ PAYMENT METHOD: D Cash 0 Credit 1Z.J Check 0 Other _____ _ TOTALRECEIVED $ _____ $_50_._00_ SIGNATURE l .. Kesian X 11111111111111111111111111111111111111111111111111 ORIGINAL-PROJECT APPLICANT COPY· OFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) L ______________________ _ DEPARTMENT OF FISH AND GAME Environmental Review and Permitting 1416 Ninth Street, Suite 1260 Sacramento, CA 95814 JOHN MCCAMMAN, Director www.dfg.ca.gov CEQA Filing Fee No Effect Determination Form Applicant Name: Pulte Home Corporation . r.ITV OE CARLSBAD Date Submitted: December zo; 20"10 Applicant Address: 27101 Puerta Real, Suite 300, Mission Viejo, CA 92691 Project Name: La Costa Oaks North Neighborhoods 3.4 & 3.5 CEQA Lead Agency: City of Carlsbad CEQA Document Type: (NO, MND, EIR) Environmental Impact Report DEC 2 2 Z010 Community & Economic Development Depari.1T18• 1t SCH Number and/or local agency 10 number: SCH#1999011 023, PUD 05-13(A) Project Location: Lot 1 through 83 inclusive, of City of Carlsbad Tract 05-16, La Costa Oaks North-Neighborhood 3.4 & 3.5. Brief Project Description: Planned Development Permit Amendment for building floor plans, elevations and plotting for the development of 83 single-family detached homes within the Villages of La Costa Oaks North, Neighborhood 3.4 & 3.5, generally located west of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in Local Facilities Management Zone 11. Determination: Based on a review of the Project as proposed, the Department of Fish and Game has determined that for purposes of the assessment of CEQA filing fees [F&G Code 711.4(c)) the project has no potential effect on fish, wildlife and habitat and the project as described does not require payment of a CEQA filing fee. This determination does not in any way imply that the project is exempt from CEQA and does not determine the significance of any potential project effects evaluated pursuant to CEQA. Please retain this original determination for your records; you are required to file a copy of this determination with the County Clerk after your project is approved and at the time of filing of the CEQA lead agency's Notice of Determination (NOD). If you do not file a copy of this determination with the County Clerk at the time of filing of the NOD, the appropriate CEQA filing fee will be due and payable. Without a valid No Effect Determination Form or proof of fee payment, the project will not be operative, vested, or final and any local permits issued for the project will be invalid, pursuant to Fish and Game Code Section 711.4(c)(3). DFG Approval By: 't.L --n.t. -r1J Title: £nvtranr11tnhd $cknh$1-- CAUFORNIA DEPT. OF FISH AND GAME Leslt.<.. /Jwk'l-l -f2-uJ Date: /2./l./-'lb to ~~~~~~~~f6~~~~~~onserving Ca{ifornia 's Witd{ife Since 18 70 SAN DIEGO, CA 92123-1662 co8NTY OF SAN DIE~ DAVID L. BUTLER ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 PACIFIC HIGHWAY, SUITE 103 SAN DIEGO, CA 92101-2480 (619) 236-3771 • FAX (619) 557-4056 December 9, 2010 Don Neu Planning Department CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 www.sdarcc.com SUBJECT: NOTICE OF DETERMINATION: RECORDER/COUNTY CLERK'S OFFICE 1600 PACIFIC HIGHWAY, SUITE 260 P.O. BOX 121750, SAN DIEGO, CA 92112-1750 (619) 237-0502 • FAX (619) 557-4155 LA COSTA OAKS NORTH 3.4 & 3.5 Dear Don: This notice is not being processed because of lack of payment or proof or prior payment for State of California fees. Unfortunately, the receipt that was attached to this notice does not show that the State fees have been paid. The 2010 State fees are now over $2000. Based on the State Clearinghouse No., it appears the project began in 1999 and the fee would have been significantly less. The County of San Diego cannot process this Notice of Determination until the State fee has been collected, or until we receive the original receipt proving the fee was paid. Sincerely, L. Kesian Linda Kesian 619-531-4944 • PROOF OF PUBLICATION (2010 & 2011 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 nonparrel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October osth, 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California Ja e Allshouse NORTH COUNTY TIMES Legal Advertising ' This space is for the County Clerk's Filing Stamp ~ PLANNING COMMISSIONW~ ~NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Cal· ifornia, at 6:00p.m. on Wednesday, October 20, 2010, to consider the following: 1) COP 10-18: ll§l! MAGNOLIA~-Request for approval of a Coastal Development Permit t(!) demolish a single-family residence and detached ac- cessory structure and to allow for the construction of a new 4,083 square foot, two-story, single-family residence (including attached garage) on a 0.82-acre lot located at 1369 Magnolia Avenue, within the Mellon Segment of the Local -Coastal Program and Local Facilities Management Zone 1. The project is exempt from the California Environmentar Quality Aci.:, This project is not located within the aPpeillabl~ area C~lif?;ia Coastal Commission. · · · ., i ~ :J j f~ "''''~'--· ·--• for a de-·, termination that the project is within the scope certified J Villages of La Costa Program .E:IF.tapd that the Program adequately d&.-·1 scribes the activity for the purpofelf.ot.Ct;Q,A; .lind .. a .r:e<:9I11mendation .qf ~ approval of a Planned Developrn_~ntP~rm.it lSiri~<~ll)ent for building floor pianf!, : elevations and plotting forth!! de,velqp ~sj ·1 J.lliiY detached homlil! :· within the Villages of La Co~ QaKS'N . , 4 .& 3.5, generallY , located west of Rancho Sal:ita:F.e•Ro . .L nve and north~ · Cadencia Street in Local Facilities Mana~t!!, .. , ... !:, · . ,,. ~ • •· .... ·:..~ .. >tt ··~t-· ?-L ~! ~ This project !s wit~in the. scope of Final·r,rpgf,a; . .. .. , )!!!]4 no furth~r .: CEQA compliance IS reqwred. · . • .; ' . --~ 3) QY.f 10-03 =-.. ~~~--~~~ Use Permit to "" square foot office 1 !VI located at 2704 Gateway '· Facilities Management Zone 1 1 The project is exempt from the California Environmental Quality Act. I ~ l 4) COP 10-16 : MOORE BEACH RESIDENCE • Request for approval of a Coastal Development Permit to allow lor the construction of a new 2,453 square foot single family residence with an attached garage on a . 11 acre lot located at 6485 Surfside Lane within the Mello If Segment of the Local Coastal Program and within Local Facilities Management Zone 22. The project is exempt from the California Environmental Quality Act. This project is not located within the appealable. area of the California Coastal Commission. 4~ 4 t._~ CITY OF ""~CARLSBAD • • FILE COPY IO·Csi ·lo Planning Department www.carlsbadca.gov 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 6:00p.m. on Wednesday, October 20, 2010, to consider a request for the following: CASE NAME: PUD 05-B(A)-La Costa Oaks North 3.4 & 3.5 PUBLISH DATE: October 8, 2010 DESCRIPTION: 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 Planned Development Permit Amendment for building floor plans, elevations and plotting for the development of 83 single-family detached homes within the Villages of La Costa Oaks North, Neighborhoods 3.4 & 3.5, generally located west of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in Local Facilities Management Zone 11. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/planning/pcvideo.html on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Shelley Glennon in the Planning Division at (760) 602-4625, Monday through Thursday 7:30 a.m. to 5:30p.m., Friday 8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project 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. o Aooeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760} 602-4600 F (760} 602-8559 • SITE MAP • N NOT TO SCALE • LA COSTA OAKS NORTH 3.4 & 3.5 PUD 05-13 (A) I • • FILE COP'/ CITY OF S·<s·!O CARLSBAD Planning Department www.carlsbadca.gov EARLY PUBLIC NOTICE PROJECT NAME: La Costa Oaks North 3.4 & 3.5 PROJECT NUMBER: PUD 05-13(A) This early public notice is to let you know that a development application for a Planned Development Permit Amendment project within your neighborhood has been submitted to the City of Carlsbad on April14, 2010. The project application is undergoing its initial review by the City. LOCATION: West of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in Local Facilities Management Zone 11 .. PROJECT DESCRIPTION: Planned Development Permit Amendment No. PUD 05- 13(A) is a request for building floor plans, architecture and plotting for the development of 83 single-family detached homes within the Villages of La Costa Oaks North - Neighborhood 3.4 & 3.5. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. 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 Shelley Glennon, Assistant Planner via email at shelley.glennon@carlsbadca.gov or by phone at (760) 602-4625, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. T (760) 602-4600 F (760) 602-8559 I j&J ca~Isbad Fire Depa ... nt yo. DEYf COPY • t Plan Review Requirements Category: PLANCK , Date of Report: 09-27-2010 Name: Address: Permit #: PC 100036 PULTEHOMES 6210 STONERIDGE MALL RD PLEASONTON CA 94588 Job Name: PULTE HOMES-LA COSTA OAKS NORT It Job Address: --. .. .. . ... .. .. Conditions: Cond: CON0004203 [MET] ---,~-- rAPPROVED: w/ Add'l. Requirements (see below) t 7 THIS PROJECT HAS BEEN REVIEWED AND APPROVED FOR THE PURPOSES OF ISSUANCE OF BUILDING PERMIT. THIS APPROVAL IS SUBJECT TO FIELD INSPECTION AND REQUIRED TEST, NOTATIONS HEREON, CONDITIONS IN CORRESPONDENCE AND CONFORMANCE WITH ALL APPLICABLE REGULATIONS. THIS APPROVAL SHALL NOT BE HELD TO PERMIT OR APPROVE THE VIOLATION OF ANY LAW. ++ Per CT 05-16, Lot 49 is required to have Automatic Fire Sprinklers installed in accordance with Nat'l Fire Protection Assn. Standard 13-D. Entry: 09/27/2010 By: GR Action: AP i ~ PROJECT NAME: Date: Project number: Staff Planner: • • CARLSBAD FIRE DEPARTMENT Fire Prevention Division Land Use Review Report La Costa Oaks North N. 3.4 and 3.5 07/22/05 CT 05-16/ PUD 05-13 V. Lynch Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) •. Fire has reviewed this application and would make the following comment: Approved automatic fire sprinklers are required for Lots 29 through 35, Lots 69 through 80 and Lots 49 through 64 GR (?). I Cl<L I j; 11 ... ~~~> C IT Y 0 F • CARLSBAD Memorandum September 3, 2010 To: From: Subject: Shelley Glennon, Project Planner /A Frank Jimeno, Project Engineer /(} PUD 05-13(A): LA COSTA OAKS NORTH NEIGHBORHOODS 3.4 & 3.5 The engineering department has completed its review of the project. The engineering department is recommending that the project be approved, subject to the following conditions: Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 2. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Fees/ Agreements 13. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 15. Developer shall cause property owner to process, execute and submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction Community & Economic Development-Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov Page 1 of 15 ··'· permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this project. Grading 28. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. 29. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the site plan, all subject to city engineer approval. 32. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. 33. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 34. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 36. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. Page 2 of 15 37. Developer acknowledges upcoming hydromodification (runoff reduction) requirements may impact how this project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city engineer. 38. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Utilities 62. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. Page 3 of 15 e. (~~CITY OF ~CARLSBAD Memorandum May 6, 2010 To: From: Assistant Planner Shelley Esteybar 6/1 Associate Engineer Frank Jimeno ~ •• Subject: PUD 05-13(A): LA COSTA OAKS NORTH NEIGHBORHOODS 3.4 & 3.5 The Engineering Department has completed its review of the project for application completeness. The application and plans submitted for this project are from an Engineering standpoint considered complete. The following are issues remaining before we can recommend conditional approval. 1. The legend in sheet 1 is the same as the CT 05-16/PUD 05-13 exhibit. Revise it to fit this PUD amendment. Screen everything except the project boundary and the changes per this amendment. 2. In sheet 2, add the following note to the 'Typical lot Drainage and lateral location Detail': Runoff from impervious areas (e.g. roof, uncovered slabs) shall, to the maximum extent practicable, be directed through adjacent landscaped areas prior to reaching area drains. 3. In sheet 5, change pad elevation for lot 69 to 514.9. Note any other comments in the attached red lined check prints of the Site Plan. The applicant must return these prints with the resubmittal to assist staff in our continued review. If you or the applicant has any questions, please contact me at 602-2758 or by email at frank.jimeno@carlsbadca.gov. Attachment Attachments Community & Economic Development-Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov Page 1 of 15 e e City of Carlsbad l@lki%•*4·1''''·'4"' Date: Aprill6, 2010 To: Planning Tracking Desk-Planning Department From: J. Sasway, Crime Prevention Specialist, Carlsbad Police Department Subject: PUD 05-13(A)/ La Costa Oaks North-Neighborhood 3.4 & 3.5 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 international standards. Crime Prevention through Environmental Design The proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. The proper design influences this by positively affecting human behavior. The design includes the physical environment, the planned behavior of people, the productive use of space and an effective crime/loss prevention program. Natural Surveillance 1. Place and design physical features to maximize visibility. This will include building orientation, windows, entrances, walkways, landscape trees and shrubs, fences and any other physical obstruction. 2. Design the placement of persons and or activities to maximize surveillance possibilities. 3. Design lighting that provides for appropriate nighttime illumination of walkways, entrances and driveways. Natural Access Control 1. Use walkways, pavement, lighting and landscaping to clearly guide guests to and from selected entrances. 2. Use real or symbolic barriers like fences or landscaping to prevent and or discourage access to or from dark and or unmonitored areas. Provisions for territorial reinforcement 1. Use pavement treatments, landscaping and fences to define and outline ownership or property. Lighting 1. Equip homes on all sides with lighting fixtures. 2. Install lights on the house in the eaves to illuminate the walls of the house. 3. Choose light fixtures with dawn to dusk sensors or timers. 4. Equip all entrances, including the garage door, with a light fixture that is capable of illuminating the door and five (5) feet of the surrounding area. 2560 Orion Way • Carlsbad, CA 92010-7240 • (760) 931-2100 • FAX (760) 931-8473 <!} • Landscaping 1. Plan a landscaping design that enhanced surveillance and security. 2. Tree canopies should be no lower than six (6) feet and should not allow access to roofs or balconies. 3. Ensure landscaping plan does not deter from lighting and addressing. 4. Plant only low profile shrubs that can be maintained below two (2) feet. 5. Use security plants where necessary to prevent entering and tampering. 6. Install walls and fences that are see-through and enhance surveillance. 7. Install lockable gates that allow surveillance. 8. Keep entranceways clear of clutter Addressing 1. Locate numerals where they are clearly visible from the front street 2. Contrast the numeral's color to the background on which it is affixed. 3. Numerals shall be no less than four (4) inches in height and illuminated during the hours of darkness. Entrances 1. Allow front entrance design to provide vision from the front door to the access street. 2. Keep entranceways clear of clutter. Doors 1. Do not use of glass within 42 inches of a locking device. 2. 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 to the outside and the door from the garage into the residence. 3. Further, equip all doors with a single cylinder dead-bolt lock using a S-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. Strike Plates 1. Reinforce all deadbolt strike plates. Choose Strike plates constructed of a minimum 16 U.S. gauge steel, bronze, or brass and secure it to the jamb by a minimum of two screws, which should penetrate at least two (2) inches into the solid backing beyond the surface to which the strike is attached. 2. Reinforcement of the door area around the lock is also recommended. Viewer 1. Arrange entrance doors 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 (54) inches from the floor. Window and sliding glass doors 1. All exterior sliding glass doors and windows should be equipped with locking devices which will keep the sliding panel of the door or window from being opened from the outside horizontally or vertically. 2. louvered windows should not be used. Hinges 1. Equip hinges for out-swinging doors with non-removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. 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 • VALLECITOS WATER DISTRICT A PUBLIC AGENCY 201 Vallecitos de Oro • San Marcos, California • 92069·1453 April15,2010 City of Carlsbad Community Development Department 1635 Faraday Avenue Carlsbad, CA 92008 Telephone (760)744-0460 RE: WATER AND SEWER CAPACITY FOR LA COSTA OAKS NORTH-NEIGHBORHOOD 3.4 & 3.5 (VWD WO tl 00713791207-226) Please be advised that adequate water and sewer capacity has been purchased for the above referenced property/project Although the District has available water capacity at this time, due to the inadequacy of water supplies, water may not be available at the time the project ls built. The payment and installation of the water meter does not constitute a binding commitment of service. The District adopted Ordinance No. 162 on May 6, 2009, which identifies a Level 2 Drought Alert and requires 10% mandatory conservation. Ordinance No. 162 also identifies various water conservation measures as they relate to current and future drought conditions including the curtailment of availability letters and limiting new service connections at Level 3. 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. Commitments to provide service are made by the District Board of Directors and are subject to compliance with District fees, charges, rules and regulations. Provided that all conditions of the then applicable Ordinance are met, at the time the project is completed, service will be committed to the project. If there are any questions please contact the undersigned. Sincerely, VALLECITOS WATER DISTRICT c:-~ "' \ ; ~-~~~·~ Eileen Koonce Engineering Technician Cc: David Hutchins, Pulte Group Project File FAX r\urnbers by Department Administration (760) 744-2738: f:£nglneering (760) 744-3507; Finance (760) 744-5989; Meadowlark Water Reclamation Facility(760) 744-2435; Operatlons/Maifltenance (760') 744·5246 e-mail: w.•d@vwd.org !1ttp://www·.vwd.org • • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: APRIL 14. 2010 REVIEW NO: 1 TO: 1:8:1 Engineering, Development Services-Terie Rowley FROM: 1:8:1 Police Department-J. Sasway 1:8:1 Fire Department -James Weigand 1:8:1 Building Department-Will Foss 0· Recreation -Mark Steyaert D Public Works Department (streets)-Thomas Moore D Water/Sewer District 1:8:1 Landscape Plancheck Consultant -PELA D School District D North County Transit District -Planning Department D Sempra Energy - Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails -Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): PUD 05-13(A) PROJECT TITLE: LA COSTA OAKS NORTH 3.4 & 3.5 APPLICANT: JACK HENTHORN & ASSOCIATES PROPOSAL: ARCHITECTURE AND PLOTTING 83 LOTS Please review and submit written comments and/or conditions to PLANNING TRACKING DESK, in the Planning Department at 1635 Faraday Avenue, by 05/05/10 . If you have "No Comments", please so state. Thank you COMMENTS: fV{) U'rJ?IVt {d¥1) DATE: 'it ?N 1 'J;O I 0 PLANS ATTACHED Review & Comment 09/07 • • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: APRIL 14. 2010 REVIEW NO: 1 TO: 1:8:1 Engineering, Development Services-Terie Rowley FROM: 1:8:1 Police Department-J. Sasway 1:8:1 Fire Department -James Weigand 1:8:1 Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (streets)-Thomas Moore D Water/Sewer District 1:8:1 Landscape Plancheck Consultant -PELA D School District D North County Transit District-Planning Department D Sempra Energy -Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails -Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): PUD 05-13(A) PROJECT TITLE: LA COSTA OAKS NORTH 3.4 & 3.5 APPLICANT: JACK HENTHORN & ASSOCIATES PROPOSAL: ARCHITECTURE AND PLOTTING 83 LOTS Please review and submit written comments and/or conditions to PLANNING TRACKING DESK, in the Planning Department at 1635 Faraday Avenue, by 05/05/10 . If you have "No Comments", please so state. 1 ~'JI v£1J -r;IU __..- Thank you 'f'-1!. COMMENTS: -A.AJo/DCtiCTt4tc/C.. 00'/<..C ()I.J of( Ar::-rtx_ ' ~ J/}1'-JU/1/._y' !J 2. 0 # f///LL. K!f';¢/ulcz_;;.; rfk..IlPK/JDev DATE: ---------------- PLANS ATTACHED Review & Comment 09/07 • PulteGroup March 26, 2012 Mr. Chris Garcia Junior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 • via e-mail only Re: Elevation and Color Change Request, Lots 70 and 80, Ambelry, Ia Costa Oaks North Neighborhoods 3.4 and 3.5 Dear Chris, Please accept this letter as a request to exchange the elevation and color schemes of the following lots in our Ambelry community, Ia Costa Oaks North Neighborhoods 3.4 and 3.5: Current Proposed Current Proposed Lot Elevation Elevation Color Color Notes This home sale is contingent on this buyer request, variety in color schemes and plan type offsets any similarity issues with repeated B elevations on 70 c B 11 80 nearby lots. This elevation is being changed to avoid duplicate elevations directly across the street from each 80 B c 80 11 other. Thank you for considering this accommodation. We do not intend to get in a habit of making changes on a one by one basis and very much appreciate the City's understanding that the state of the housing market and economy are causing us to consider changes we would not normally propose. Sincerely, z"Sz \z David Hutchins Pulte Group 27101 Puerta Real, Suite 300 ·Mission Viejo. CA 92691 • (949) 330-8500 • www.pulte.com .,Jf~_A. C I T Y 0 F VcARLSBAD Planning Division November 14, 2011 Jack Henthorn & Associates PO Box 237 Carlsbad, CA 92018 • • SUBJECT: CD 11-17-VILLAGES OF LA COSTA OAKS NORTH 3.4 & 3.5 www.carlsbadca.gov The Planning Director has completed a review of your Consistency Determination application for modifications to the Planned Development Permit (PUD 05-13(A)) for Villa~es of La Costa Oaks North Neighborhoods 3.4 & 3.5 generally located east of the intersection of Rancho Santa Fe Road and Avenida Soledad in Local Facilities Management Zone 11. The proposed modifications include changing some of the architectural styles, as well as plotting changes to 23 of the dwelling units. The product mix proposed includes an increase of 6 Plan 1's, an increase of 1 Plan 2, a decrease of 12 Plan 3's and an increase of 5 Plan 4's. The proposed plotting and architectural style ch"nges include: • Lot 43: Replace Plan 3AR with lAR; • Lot 49: Replace Plan 3B with 2B; • Lot 51: Replace Plan 3A with 2B; • Lot 52: Replace Plan 2B with lA; • Lot 55: Replace Plan 3A with 4A; • Lot 56: Replace Plan 4AR with 4CR (architectural style change only); • Lot 57: Replace Plan 3BR with lBR; • Lot 60: Replace Plan lAR with lBR (architectural style change only); • Lot 64: Replace Plan 3AR with 4AR; • Lot 67: Replace Plan lBR with lAR (architectural style change only); • Lot 69: Replace Plan 3BR with 4BR; • Lot 70: Replace Plan 4AR with lCR; • Lot 72: Replace Plan 3CR with 4AR; • Lot 73: Replace Plan lAR with lCR (architectural style change only); • Lot 74: Replace Plan 4CR with 4BR (architectural style change only); • Lot 75: Replace Plan 3B with 4C; • Lot 76: Replace Plan 2C with 2A (architectural style change only); • Lot 77: Replace Plan 4B with lA; • Lot 78: Replace Plan 3A with 4B; • Lot 79: Replace Plan 2A with 2C (architectural style change only); • Lot 80: Replace Plan 3C with lB; • Lot 81: Replace Plan 4B with 4A (architectural style change only); and • Lot 83: Replace Plan 3CR with 4CR. • • CD 11-17-VILLAGES OF LA COSTA OAKS NORTH 3.4 & 3.5 November 14, 2011 Page 2 In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1) Np project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood. 3} The proposed revision does not change the density or boundary of the subject property. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit. 5) The proposed revision does not rearrange the major land uses within the development. 6) The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation. 8} The proposed change would not result in any health, safety or welfare impacts. 9} There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 10) The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the application qualifies for a consistency determination with the approved permit and therefore, approves the changes to the project based on Planning Division Administrative Policy No. 35. Please submit two (2) blueline copies (24" X 36") of all applicable exhibits for the project file and a reproducible 24" X 36" mylar copy of the amended site plan. The mylar must be submitted, stamped "Consistency Determination," and signed by the Planning Director prior to issuance of any building permits for the project. The Consistency Determination Title Block stamp, and other Title Block stamps, can be downloaded from the City's website at http:ljwww.carlsbadca.gov/services/departments/planning/Pages/applications.aspx. The Title Block (stamp) is located under "Resources" on the right side of the page. CITY OF CARLSBAD (l){, DON NEU, AICP Planning Director DN:CG:bd c: Pulte Home Corporation, Attn: David Hutchins, 27101 Puerta Real, Ste 300, Mission Viejo, CA 92691 Principal Planner, Chris DeCerbo Senior Planner, Van Lynch Project Engineer, Glen Van Peski File Copy Data Entry I 11111-•LW J:J..j.J-1 /J D _4f~A_ C I T Y 0 F ~FCARLSBAD FILE COPY Planning Division www.carlsbadca.gov December 21, 2010 Real Estate Collateral Management Co. C/0 Morrow Development Attn: Liz Layman 1903 Wright Place, Suite 180 Carlsbad, CA 92008 SUBJECT: NOTICE OF RESTRICTION -PUD 05-13{A) -LA COSTA OAKS NORTH 3.4 & 3.5 Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the PUD 05-13(A). Please ensure the following items are addressed prior to returning the Notice of Restriction: ../ Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ../ Document must be properly notarized . ../ Name on signature page and name on Notarial Acknowledgement must match . ../ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ../ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) . ../ Include property owner's name in the designated space above the owner's signature . ../ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. sinc•Qlw, ~~ SHELLEY GLENN~ Assistant Planner c: Pulte Homes, 27101 Puerta Real, Suite 300, Mission Viejo, CA 92691 CED Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ---. ....-_ ® (~£CITY Of ~~CARLSBAD Planning Division October 21, 2010 Jack Henthorn & Associates Attn: Jack Henthorn PO Box 237 Carlsbad, CA 92018 • PLANNING COMMISSION NOTICE OF DECISION SUBJECT: PUD 05-13(A)-LA COSTA OAKS NORTH 3.4 & 3.5 www.carlsbadca.gov I ' At the October 20, 2010 Planning Commission meeting, your application was considered. The Commission voted 4-0-3 to recommend approval of your request. 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 contact your project planner Shelley Glennon at (760) 602-4625 or Shelley.glennon@carlsbadca.gov. Sincerely, ~n DON NEU, AICP Planning Director DN:SG:bd c: D~a Entry vfile enc: Planning Commission Resolution No. 6726 T 760-602-4600 F 760-602-8559 f(lftlt-~() 'i/<7-6/tO ..Jf~A CITY OF VcARLSBAD • • r LE COPY Planning Division September 28, 2010 www.carlsbadca.gov Jack Henthorn & Associates Attn: Jack Henthorn 1902 Wright Place, Suite 200 Carlsbad, CA 92008 SUBJECT: PUD 05-13(A) -LA COSTA OAKS NORTH 3.4 & 3.5 The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, October 6, 2010, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on October 12, 2010. A _ _tw_errty_(2Q) minute _ _ap.p.okrtment has. been setasideJor you aLU:OO-AM.-Jf you have.--a~y_questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations 2. A PDF of your colored site plan and elevations The 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. The PDF of your colored site plan and elevations --~wiJl b_1LU.SeJi in the_presentation to the Planning __Commission ...and lbe_public~Ltbe-PJanning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should ··be ·submitted to ·the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including pre_sentationsldigital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least -ath:taysafterfirralactiunonthe matter:-Yuur materials will be returned opon~written request. If you need additional information concerning this matter, please contact your Planner, Shelley Glennon at (760) 602-4625. Str:l~ DON NEU, AICP City Planner DN:SG:sm c: Pulte Homes Corporation, 27101 Puerta Real, Suite 300, Mission Viejo, CA 92691 Real Estate Collateral Management Corporation, 1903 Wright Place, Suite 180, Carlsbad, CA 92008 File Copy Frank Jimeno, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 OS/,?i:J/tO (~~CITY OF ¥CARLSBAD • • FILE COPY Planning Division www.carlsbadca.gov August 30, 2010 Jack Henthorn & Associates Attn: Jack Henthorn PO Box 237 Carlsbad, CA 92018 SUBJECT: PUD 05-13(A)-LA COSTA OAKS NORTH 3.4 & 3.5 Your application has been tentatively scheduled for a hearing by the Planning Commission· on October 20, 2010. However, for this to occur, you must submit the additional items listed below. If the required items are not received by September 20, 2010, 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 8%" 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 C) Electronic file copy of colored site plan, elevations and project data information (PDF format). 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) B) 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. 100' Occupant List-(Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 1 00 foot radius of the subject property, including the applicant and/or owner. T 760-602-4600 F 760-602-8559 ® PUD 05-13(A)-LA C~TA OAKS NORTH 3.4 & 3.5 • August 30, 2010 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. For any address other than a single-family residence, an apartment or suite number must be included. 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: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPTABLE (with APN) 209-060-34-00 MRS JANE SMITH APT3 123 MAGNOLIA AVE 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. Sin~ SHELLEY GLE~ON Assistant Planner SG:bd Attachment c: File Ja<eHenthorn & Associate. P.O. Box 237 Carlsbad, California 92018-0237 (760) 438-4090 July 21, 2010 City of Carlsbad Planning Department Attn: Shelley Glennon 1635 Faraday Ave. Carlsbad, CA 92008 Fax (760) 438-0981 RECEfVEO .H ~1 2 ") ?ry10 CITY OF CARLSBAD r'LANNING DEPT SUBJECT: Villages of La Costa Oaks North 3.4/3.5-PUD 05-13 (A)-Re-submittal Enclosed, please find 3 complete sets of development plans with modifications necessary to address comments in your letter of May 12, 2010. Architectural modification have been made in accordance with your letter and as discussed in our meeting of June 10, 2010, The plane exhibits have been modified to clarify that which of the proposed units contain the planes to be counted toward meeting the VLC Master Plan requirements. The Villages of La Costa Master Plan requires that at least 50% of the units in the neighborhood have four planes on the front elevations meeting the minimum plane definitions for offsets and area. The proposed plans 1A, 1 C, 3A-C and 4A-C meet the requirement and are plotted a total of 56 times. This represents 67.5% ofthe neighborhood's 83 units. The Master Plan contains the same requirement for rear elevations. The proposed plans 1 A-C, 2 A-C and 3A-C meet the 4 plane requirements. These units are plotted 59 times and represent 71% of the neighborhood units. The police department optimal security recommendations have been noted and retained for reference. 1902 Wright Place, Ste 200, Carlsbad, CA 92008 • • The engineering comments contained in the May 6, 2010, memo from Frank Jimeno have been addressed in the enclosed plans and the red-lined set is being returned with this submittal. If you have any questions or need additional information, please contact me at your converuence. JEH:wpc (~4) CITY OF • • FILE COPY ~CARLSBAD Planning Department www.carlsbadca.gov May 18, 2010 Jack Henthorn & Associates Attn: Jack Henthorn PO Box 237 Carlsbad, CA 92018 SUBJECT: LA COSTA OAKS NORTH 3.4 & 3.5-PUD 05-13(A)-CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is subject to the provisions of CEQA; however, the potential environmental effects of the project were adequately analyzed by the previously adopted EIR 98-07 for the Villages of La Costa Master Plan (2000) MP 98-01, dated July 16, 2001. No additional environmental review is required. A Notice of Determination will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. For additional information related to this CEQA applicability/process determination, please contact the project planner, SIJIIi\lltie' Glennon, at (760) 602-4625 or shelley.glennon@carlsbadca.gov. DON NEU Planning Director DN:SG:sm c: Real Estate Management Company, Attn: Fred Arbuckle, 1903 Wright Place, Suite 180, Carlsbad, CA 92008 Chris DeCerbo, Team Leader Frank Jimeno, Project Engineer File Copy Data Entry T (760) 602-4600 F (760) 602-8559 ® /'(lltJ;.,t;.J)j ./),£AJ)'j Por<. PtCJ~Of "~ 5/(3/Jo i' (~/)> C I T Y 0 F '¥CARLSBAD • FILE COF'r' Planning Department www.carlsbadca.gov May 12, 2010 Jack Henthorn & Associates Attn: Jack Henthorn PO Box 237 Carlsbad, CA 92018 SUBJECT: 1st REVIEW FOR PUD 05-13(A) -LA COST A OAKS NORTH 3.4 & 3.5 Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Planned Development Permit Amendment, application no. PUD 05-13(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 3 complete sets of the development plans so that the project can continue to be reviewed. If you would like to discuss this letter or your application, please contact your staff planner Shelley Glennon at the phone number listed below. You may also contact each commenting department individually as follows: • Planning Department comments: Shelley Glennon, Assistant Planner, at (760) 602-4625. • Engineering Department comments: Frank Jimeno, Associate Civil Engineer -Engineering Development Services, at (760) 602-2758. • Fire Department comments: James Weigand, Fire Inspections, at (760) 602-4661. CHRIS DeCERBO Principal Planner CD:SG:sm Attachment: Letter dated April 16, 2010, by J. Sasway of the Carlsbad Police Department Comments and Redline Exhibit dated May 6, 2010 by Frank Jimeno, Associate Civil Engineer c: Real Estate Management Company, 1903 Wright Place, Suite 180, Carlsbad, CA 92008 Don Neu, Planning Director Chris DeCerbo, Principal Planner Frank Jimeno, Project Engineer File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 PUD 05-13(A)-LA ciTA OAKS NORTH 3.4 & 3.5 May 12, 2010 • Page 2 ISSUES OF CONCERN Planning: 1. 2. 3. .J 4. Pursuant to the La Costa Master Plan (Section 4.6.3.B.4.e), each front building plane must have a minimum 18 inch building plane offset. Plan 1 -European Country does not comply. Front building planes 1 and 2 are measured at 12 inches apart. Please revise to create the minimum 18 inch building plane offset. Pursuant to the La Costa Master Plan (Section 4.6.3.B.4.g), each rear building plane must have a minimum 18 inch building plane offset. Plan 3 (all elevations) do not comply. Rear building plane 1 & 2 and 2 & 4 are offset 12 inches apart. Please revise to create the minimum 18 inch building plane offset. Pursuant to the La Costa Master Plan (Section 4.6.3. B.4.c), where 2 two story units occur in a row with 15 ft. to 20 ft. between homes, one of the units must have a single- story building edge at least 5' deep which shall run the length of the building. Lots 52, 53 and 54 do not comply. Please revise the plotting to meet this standard. The Villages of La Costa Master Plan calls for a high degree of articulation and architectural style distinction. Therefore, staff highly recommends that the following architectural enhancements/revisions be provided: a. Plan 1 Elevations: i. On the front elevations, please create a more distinctive architectural style through the following revisions/additions: 1. Spanish .; a. Decorative arches (i.e. arched window or window surrounds) b. Tile or brick surrounds to the front door or patio entrance c. Planting Box or window seat below window 2. European Country a. Bay window b. Exposed rafter tails c. Add brick surrounds to the patio entrance ii. On the rear elevations for all architectural styles, please add an additional decorative element that is provided on the front elevation (i.e. stone veneer, brick trimming, recessed windows, etc.). This will allow for a better architectural connection between the front and rear elevations. b. Plan 2 Elevations: i. On the front elevations, please create a more distinctive architectural style through the following revisions/additions: 1. Spanish a. Rafter tails at the ends of the fascias b. Decorative wrought iron elements c. Decorative trim above porch arches d. Continue wainscot base onto garage building plane e. Add decorative Spanish tiles or stucco recessions/protrusions ------- PUD 05-13(A)-LA COSTA o4t> NORTH 3.4 & 3.5 May 12, 2010 • Page 3 2. European Country a. Add additional corbels to the ends of the 2nd story fascias b. Provide brick lintels to 2nd story windows instead of stucco 3. Tuscan a. Add cornices below 2nd story windows ii. On the rear elevations for all architectural styles, please add an additional decorative element that is provided on the front elevation (i.e. stone veneer, brick trimming, wainscot, etc.). This will allow for a better architectural connection between the front and rear elevations. c. Plan 3 Elevations: i. On the front elevations, please create a more distinctive architectural style through the following revisions/additions: 1. Spanish a. Continue wainscot base onto garage building plane. 2. Tuscan a. Add planter box/Juliet balcony below 2nd story window above stucco trim. ii. On the rear elevations for all architectural styles, please add an additional decorative element that is provided on the front elevation (i.e. stone veneer, brick trimming, wainscot, etc.). This will allow for a better architectural connection between the front and rear elevations. d. Plan 4 Elevations: i. On the front elevations, please create a more distinctive architectural style through the following revisions/additions: 1. Spanish a. Add decorative wrought iron below 2nd story window(s) b. Add shutter to leftmost 2nd story window 2. European Country a. Add decorative corbels near the ends of the fascias 3. Tuscan a. Continue the stone veneer to the porte cochere ii. On the rear elevations for all architectural styles, please add an additional decorative element that is provided on the front elevation (i.e. stone veneer, brick trimming, wainscot, etc.). This will allow for a better architectural connection between the front and rear elevations. e. Street Side Elevations: i. Pursuant to the Villages of La Costa Master Plan (Section 4.6.3.8.7), the side and rear elevations adjacent to public or private streets shall include enhanced architectural detailing incorporating elements of good design, such as is required for the front building facades. Therefore, the plans on corner lots 8. 74. 75 and 83 (Plans 4C, 38 3C: Left Elevations) should provide enhanced elements that are comparable to the architectural elements proposed on the front elevations in order to provide visual interest to the street scene. e PUD 05-13(A)-LA COSTA OAKS NORTH 3.4 & 3.5 May 12, 2010 Page 4 Please enhance the elevations along all along the street scene as follows: 1. Plan 4C (Lots 7 4 and 8) a. Extend rafter tails along roof line and/or add to the ends of fascias b. Add a roof extension awning with fascias and wooden brackets to match the awning on the front elevation 2. Plan 3B a. Add shutters to window(s) to match the shutters on the front and rear elevations 3. Plan 3C a. Add a roof extension awning with fascias and wooden brackets to match the awning on the front elevation. f. Front Loading Garage: i. Since all front elevations provide a front loading garage, please provide different garage design options that are consistent with the proposed architectural style to create variety along the street side. 5. Please revise all applicable data information and/or plans to reflect all revisions made: a. Rear/Front Building Plane Analysis Exhibits: i. Please place a note on all exhibits that all building planes called out are offset by no less than 18 inches and are no less than 30 square feet in area. b. Plotting Plan/Site Plan Exhibits: i. Please correct Lot 81. It is currently noted as a reversed floor plan; however, it is not plotted as a reversed floor plan. ii. Please call out left side setback for lots 58, 60 and 61. c. Residential Architectural Criteria Compliance Table: i. Building Coverage data does not match the building coverage data stated on the elevations for Plan 3 and Plan 4. Please make correction where applicable. ii. Building Height data does not match the building heights measured on Plan 2, 3 and 4 elevations. Please make correction where applicable. iii. Front Building Plane and Rear Building Plane standards must be revised to state that all planes counted towards compliance must be offset a minimum of 18 inches (not just 50% of units). iv. The comments for Two Story Unit compliance provide percentages for Plan 3 and Plan 4 that do not match the percentages created by the lot information provided on the elevations. Please make correction where applicable. d. Individual Lot Data: i. Please revise the color scheme for Lot 1 to be Color Scheme No. 4 (6 is not applicable). Also, please revise the site plan/plotting plan to reflect this change. ii. Please revise Lot 7 Elevation to state "B" not "D" (D does not exist). Engineering: 6. The legend in sheet 1 is the same as the CT 05-16/PUD 05-13 exhibit. Revise it to fit this PUD amendment. Screen everything except the project boundary and the changes per this amendment. PUD 05-13(A)-LA COSTA o41f> NORTH 3.4 & 3.5 May 12, 2010 Page 5 • 7. In sheet 2, add the following note to the 'Typical Lot Drainage and Lateral Location Detail': Runoff from impervious areas (e.g. roof, uncovered slabs) shall, to the maximum extent practicable, be directed through adjacent landscaped areas prior to reaching area drains. 8. In sheet 5, change pad eleva.tion for Lot 69 to 514.9. Note any other comments in the attached redlined check prints of the Site Plan. The applicant must return these prints with the re-submittal to assist staff in our continued review. Building: 9. Please note that a complete review of plans will be done when construction documents, structural and energy compliance documentation are submitted to building department for permit processing. Fire: 10. Fire Department comments shall be submitted under a separate cover letter. Police: 11. Please see the attached letter dated April 16, 2010, from Jodee Sasway, Crime Prevention Specialist, Carlsbad Police Department. Aprilll, 2010 Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 J. Henthorn & Associatt4t P.O. Box 237 Carlsbad, California 92018-0237 (760) 438-4090 Fax (760) 438-0981 Subject: Villages of La Costa Oaks North, Neighborhood 3.4 and 3.5-Major Planned Unit Development Plan Amendment, PUD 05-12(B), Submittal Package Dear Planner: Enclosed please find the application for a Major Planned Unit Development Permit Amendment for the development of 83 single family detached homes within neighborhood 3.4 and 3.5 of the northern portion of the La Costa Oaks Village of the Villages of La Costa Master Plan. · Neighborhoods 3.4 and 3.5 are located generally east ofSitio Corazon, west of Rancho Santa Fe Road and south of San Elijo Road. On September 26, 2006, the tentative map, CT 05- 16, and Planned Unit Development Permit, PUD 05-13, for Neighborhoods 3.4 and 3.5 were approved by the City Council creating 83 single-family lots. The enclosed application is for the review and approval of the proposed architecture and plotting of the 83 units approved within the subject neighborhood pursuant to Section 7.2.7 of the Villages of La Costa Master Plan. As shown on the enclosed plan sets, the proposed homes consist of four (4) floor plans ranging in size from approximately 1900 to 2900 square feet. The plan types are proposed as one single story and three two-story units. There are a total of three (3) different architectural styles proposed for this neighborhood, which include Spanish Colonial, European Country and Italian/Tuscan. Each floor plan type will utilize all three (3) of the elevation styles. To further create a sense of diversity throughout the community, professionally designed color schemes have been created for each lot. Each unit plotted on the enclosed site plan includes an elevation type along with its associated color scheme designation. There are a total of twelve (12) proposed color schemes for this neighborhood as shown on the enclosed color and material boards. 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 7 sets of the site plan and architectural plans for your review along with all the supporting documentation. This documentation includes all the required executed applications, updated preliminary title report, project description, location map, reference drawings for engineering, sewer and water lateral exhibit for engineering, color and material 5927 Balfour Court, Ste. 112 • Carlsbad, ck 92008 • boards and the early noticing package. Vallecitos Water District has provided a proof of service availability letter and DWG Nos. 429-7 and 446-5 showing approved water and sewer improvements associated with the subject proposal are included. The proposed residential project does not constitute any 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 225 or e-mail me at henthom@jhenthom.com. encl. Submittal Package cc: David Hutchins, Pulte Homes Fred Arbuckle, Morrow Development Marybeth Murray, Hunsaker & Associates Claudia Thompson, Pulte Homes file -2- JHA!]HNLC N. 3.4&3.5.