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Home My WebLink AboutSDP 98-01A; La Costa Glen North Site; Site Development Plan (SDP): CARLSBAD - ENGINEERING DEpk^MENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME:GL& ) - A/OZ/7? s~;7^ SW> $8-t>j/S> DATE: PROJECT DESCRIPTION: PROJECT ADDRESS: /ff tfp LOT NO(S).: Ji MAP NO.APN(S).: NUMBER OF LOTS:NUMBER OF ACRES: OWNER: Mailing Address: Phone Number: ('^° c Fax Number: E-Mail: I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. Signature:Date: APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: CML ENGINEER: FIRM: SOILS ENGINEER: FIRM: Mailing Address: / 2?/g Phone Number: Fax Number: E-Mail: . State RegistratioiVNumber: Mailing Address: Phone Number: Fax Number: E-Mail: State Registration Number: /?€? ADDITIONAL COMMENTS: IMPROVEMENT VALUATION i. What water district is the proposed project located in? (check one) [^Carlsbad Municipal Water District Qoiivenhain Qvallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ cut fill .cy GRADING QUANTITIES remedial cy import.export.cy SEE REVERSE SIDEH:/DEVELOPMENT SERVICES/MASTERS/Applfcation for Engineer™ Plan Check Revised 1/14/02 )F CARLSBAD - ENGINEERING DEP/^jMENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR ( s all that apply) [] Adjustment Plat (ADJ) Q Certificate of Compliance (CE) Q] Dedication of Easement (PR) Type: Type: Type: Q Encorachment Permit (PR) [] Final Map (FM) Q Grading Plancheck (DWG) [~| Improvement Plancheck (DWG] [] Parcel Map (PM) Q Quitclaim of Easement (PR) Type: Type: Type: Q Reversion to Acreage (RA) Q Street Vacation (STV) [] Tentative Parcel Map (MS) Q Certificate of Correction (CCOR) Q Covenant of Easement (PR) [^ Substantial Conformance Exhibit (SCE) Q Other FORCITY USE ONLY PROJECT '• I.D. PRAWNG NUMBER - DEPOSIT/FEES PAID COMMENTS APPLICATION ACCEPTED BY;RECEIVED FEB 0^ DEPARTMENT DATE STAMP APPLICATON RECEIVED H-/DR/FI OPMFNT SERVlCES/MASTERS/Aoolicalion for Enoineerino Pian Check Paae 2 CITYv. CARLSBAD-ENGINEERING DEPARK^ENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME:GL£*)-*/t>&7? S*s*S&P PATE: PROJECT DESCRIPTION: PROJECT ADDRESS: /fffrp LOT NO(S).: & 92009 MAP NO.APN(S).:-/? NUMBER OF LOTS:NUMBER OF ACRES: OWNER: Mailing Address: Phone Number: Fax Number: E-Mail: I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. 70V - 6360 £. Signature:Date: APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: 0 QVIL ENGINEER: FIRM: SOILS ENGINEER: FIRM: Mailing Address: 29/0 Phone Number: Fax Number: E-Mail: ^ ?/- State RegistratioiiorVNumfefer: ££/; f, Mailing Address: Phone Number: Fax Number: E-Mail: srer. State Registration Number: j ADDITIONAL COMMENTS: IMPROVEMENT VALUATION i. What water district is the proposed project located in? (check one) [^Carlsbad Municipal Water District Qoiivenhain Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ cut cy .cy GRADING QUANTITIES remedial cy import.cy export..cy SEE REVERSE SIDE Hi/DHVELOPMENT SERVICES/MASTERS/Application lor Engineering Plan Check Revised 1/14/02 CIT( ^F CARLSBAD - ENGINEERING DEPA^ >IENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: /_/?DATE: PROJECT DESCRIPTION: PROJECT ADDRESS: LOT NO(S).: &MAP NO.APN(S).:-/ NUMBER OF LOTS:NUMBER OF ACRES: OWNER: Mailing Address: Phone Number: Fax Number: E-Mail: (-960] 70 V- *u7&zg>.i >gal owner ancI certify that I am the legal oWner and that all the above information is true and correct to the best of my knowledge. Signature:Date: APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: QVIL ENGINEER: FIRM: Mailing Address: Phone Number: Fax Number: E-Mail: State Registratioru^umlfer: SOILS ENGINEER: FIRM: Mailing Address: Phone Number: Fax Number: E-Mail: State Registration Number: ££? ADDITIONAL COMMENTS: IMPROVEMENT VALUATION l. What water district is the proposed project located in? (check one) Qcarlsbad Municipal Water District Qdlivenhain Qvallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ cut .cy GRADING QUANTITIES remedial cy import cy export..cy Hl/DEVELOPMENT RFRVirFS/UASTFRR/Annlii-atinn fnr Fnninoorinn Plan SEE REVERSE SIDE CIJ^OF CARLSBAD - ENGINEERING DEPJW1ENT ^ APPLICATION ^ ENGINEERING PLAN CHECK:-'••• ••. , ' ' •• • . . ...',-.•Complete all appropriate information. Write N/A when not applicable. | APPLICATION FOR ( -s all that apply) [~| Adjustment Plat (ADJ) Q Certificate of Compliance (CE) Q Dedication of Easement (PR) Type: Type: Type: Q Encorachment Permit (PR) Q] FirjaHTap (FM) g^Grading Plancheck (DWG) Q Improvement Plancheck (DWG) [] Parcel Map (PM) Q Quitclaim of Easement (PR) Type: Type: Type: Q Reversion to Acreage (RA) Q Street Vacation (STV) [] Tentative Parcel Map (MS) Q Certificate of Correction (CCOR) [] Covenant of Easement (PR) Q Substantial Conformance Exhibit (SCE) [] Other PROJECT I.D. <te^.//f DRAWING NUMBER y^_7£ - FOR CITY USE ONLY I DEPOSIT/FEES PAID /O^Sg0~; COMMENTS 1 j APPliCATION ACCEPTED BY:RECEIVED JUN23 2004 ENGlNEERtNG DEPARTMENT DATE STAMP APPLICATON RECEIVED H-/DFVR OPMFNT RCRviCES/MASTERS/ADolication for Enoineerina Plan Check Paae 2 Revised 1/14/02 Icm-oF CARLSBAD - ENGINEERING DEP/WfTMENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information; Write N/A when not applicable. PROJECT NAME:~A ) -SW* ffi-Ot/rf DATE: PROJECT DESCRIPTION: PROJECT ADDRESS: LOT NO(S).: >xv/V MAP NO.APN(S).: NUMBER OF LOTS:NUMBER OF ACRES: OWNER: Mailing Address: Phone Number: Fax Number: E-Mail: . TT— I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. f?60) 70 V- Signature:Date: APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: 0 CIVIL ENGINEER: £/3a£S«5r FIRM: O 'SOILS ENGINEER: RRM: D. Mailing Address: / 2 Phone Number: Fax Number: E-Mail: State Registrationurnber: c/ ion^u Mailing Address: Phone Number: Fax Number: E-Mail: State Registration Number: ADDITIONAL COMMENTS: IMPROVEMENT VALUATION i. What water district is the proposed project located in? (check one) [^Carlsbad Municipal Water District Qoiivenhain Qvallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ cut cy fill GRADING QUANTITIES cy remedial cy import cy export cy SEE REVERSE SIDE CI1&F CARLSBAD - ENGINEERING DEpJtMffMENT 1 APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR ( s all that apply) [Ip'Adjustment Plat (ADJ) [] Certificate of Compliance (CE) [] Dedication of Easement (PR) Type: Type: Type: Q Encorachment Permit (PR) [] Final Map (FM) [] Grading Plancheck (DWG) Q Improvement Plancheck (DWG] [] Parcel Map (PM) Q Quitclaim of Easement (PR) Type: Type: Type: Q Reversion to Acreage (RA) [] Street Vacation (STV) [] Tentative Parcel Map (MS) Q Certificate of Correction (CCOR) Q Covenant of Easement (PR) Q Substantial Conformance Exhibit (SCE) Q Other FOR CITY USE ONLY PROJECT I.D. £$pqV~4A DRAWING NUMBER Adi^-^B •- DEPOSIT/FEES PAID «6qo- COMMENTS APPLICATION ACCEPTED BY: APPLICA'IVED CrtOF CARLSBAD - ENGINEERING DE PARENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: / $ fo&a GL^A ) - A/OZ/7? S~/& SA/' ?£-a;(/?) DATE: PROJECT DESCRIPTION: PROJECT ADDRESS: /<? tyD /&;/?AJ/£ S^ttT" S*^<M»/) fA Woo? LOTNO(S).: £ MAP NO.: ' APN(S).: Ztt-O/Z -J? c~*^/& NUMBER OF LOTS: NUMBER OF ACRES: £?. ?£, /?C~ . OWNER: ft>J<tfj*/u/*K U/3? /tou**ujiffK Mailing Address: /?% £eL4?jj'£ zZettf tf/IOftrtA Ss? 'ZZoo? Phone Number: (j£o] ?oy~ &36O Fax Number: (?&>) 709- &£&£. E-Mail : fctiT&z @. £& Cn</a<y'e*)> Co»* I certify that I am the legal owier and that all the above information is true and correct to the best of my knowledge. Signature: Date: CIVIL ENGINEER: £&&&? O'0#& FIRM: /J'flAlet faXuSTZ*)^ Mailing Address: / ' 2?/0 £o££/t S'tfee&f ^*?tfS!/%0 #& <l2oo& Phone Number: /?#?) ^/'99OO Fax Number: fao} ^?/- ^L^SO /— \ ^ <?t>'E-Mail: O#^tj.e-£? (cvoc&wi (yjAJSiM5fe<££' State Registratiorv^uml3er: £££ J3to;</ ADDITIONAL COMMENTS: APPLICANT: CorffavsAjQ /.//%? rtv»+,^,Z*<; Mailing Address: /^yo ££iS/l>/J7e 5^f^-7~ &tje&&M6f. $£o<>? Phone Number: ^?^j ?Ofy - £3&o Fax Number: fao] ?Ot -££&& E-Mail: fajTz^O/^ CsxZLGAsi) • Co*+ /l ^ C j$A/ Signature: OQ^" /—^ Date:<£~7-Q'eh SOILS ENGINEER: /jj;//^ D. (Xfo^ FIRM: ^££*^ € /?sSoc,#7fS //& Mailing Address: 3?& /XMW*s <***»»» £<J sr£~. g £05? / *S^*J sD/f~?>fJ &?. %£sz.-t-Wi Phone Number: (0*&\ 29 i.- ftd3o Fax Number: \9^\ ZJZ-O'??/ E-Mail: State Registration Number: jSCf ¥£233 IMPROVEMENT VALUATION l. What water district is the proposed project located in? (check one) [^Carlsbad Municipal Water District []]oiivenhain [[Jvallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut cy fill cy remedial cy import cy export cy SEE REVERSE SIDEH:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check / r~Revised 1/14/02 CFRfcDF CARLSBAD - ENGINEERING DEPARTMENT W APPLICATION {J ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR ( v all that apply) Q Adjustment Plat (ADJ) [] Certificate of Compliance (CE) [] Dedication of Easement (PR) Type: Type: Type: [] Encorachment Permit (PR) [] Final Map (FM) Q^Grading Plancheck (DWG) \J[ Improvement Plancheck (DWG) [] Parcel Map (PM) [] Quitclaim of Easement (PR) Type: Type: Type: Q Reversion to Acreage (RA) [] Street Vacation (STV) [] Tentative Parcel Map (MS) [] Certificate of Correction (CCOR) Q Covenant of Easement (PR) [] Substantial Conformance Exhibit (SCE) [] Other FOR CITY USE ONLY PROJECT I.D. &>9K-0(4\ £&?<?«*>$ DRAWING NUMBER *)tf-*?4 1 W-f DEPOSIT/FEES PAID COMMENTS APPLICATION ACCEPTED BY RECEIVED APR 1 k 2004 ENGINEERING DEPARTMENT DATE STAMPAPPLICATON RECEIVED H-/TIFVFI npMFNT SERVlOES/MASTERS/Anolication for Enaineerina Plan Check Paae 2 Revised 1/14/02 CIV-- OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME:GL£*)- A/O&7?$£f DATE: PROJECT DESCRIPTION: PROJECT ADDRESS: /9 tyO LOT NO(S).: #MAP NO.APN(S).: NUMBER OF LOTS:NUMBER OF ACRES:2?. 94, OWNER: Mailing Address: Phone Number: Fax Number: E-Mail: I certify that I am the legal owier and that all the above information is true and correct to the best of my knowledge. (-960} 7o y- Signature:Date: APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: 0 CIVIL ENGINEER: FIRM: SOILS ENGINEER: FIRM: Mailing Address: 2?/0 Phone Number: Fax Number: E-Mail: State Registratioi Mailing Address: Phone Number: Fax Number: E-Mail: State Registration Number: J?CF ADDITIONAL COMMENTS: IMPROVEMENT VALUATION l. What water district is the proposed project located in? (check one) [^Carlsbad Municipal Water District Qoiivenhain Qvallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ cut .cy GRADING QUANTITIES remedial cy import..cy export. SEE REVERSE SIDEH/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check ^Revised 1/14/02 CIT- OF CARLSBAD - ENGINEERING DEP^^MENT ^^^^^^H APPLICATION ^^^^1 ENGINEERING PUN CHECK ^^H Complete all appropriate information. Write N/A when not applicable. ^^ APPLICATION FOR ( • all that apply) [] Adjustment Plat (ADJ) [] Certificate of Compliance (CE) [] Dedication of Easement (PR) Type: Type: Type: Q Encorachment Permit (PR) [] Final Map (FM) [] Grading Plancheck (DWG) Q Improvement Plancheck (DWG) [] Parcel Map (PM) [] Quitclaim of Easement (PR) Type: Type: Type: Q Reversion to Acreage (RA) Q^ttTeet Vacation (STY) [] Tentative Parcel Map (MS) [] Certificate of Correction (CCOR) [] Covenant of Easement (PR) Q Substantial Conformance Exhibit (SCE) [] Other PROJECT I.D. DRAWING NUMBER FOR CITY USE ONLY DEPOSIT/FEES PAID COMMENTS ,••'.•- • ^ Q(juA^^ ''$ A ^c^J^J p^o^- ^7 of- J^ (A '' $7 O-<£- G><> APPLICATION ACCEPTED BY: DATE STAMP APPLICATON RECEIVED H-/DFVFI OPMPNT SE=RVlCE<?/MASTERS/AoDlication for Enoineerina Plan Check Paae 2 Revised 1/14/02 PBS; An employee-owned company PROJECT REVIEW COMPLETION The following project has been reviewed and is recommended for approval: Project Name: Project No.: Document No.: Sheets No.: La Costa Glen SDP 98-01 (A) Grading Plan, Dwg. 499-9A : Construction Change 1,4&6 Through: DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the review of this construction change as defined in Section 6703 of the Business and Professions Code and have found the revisions to be in substantial compliance with applicable codes and standards regarding the engineering aspects of the proposed revisions. The City Planning Department must approve the proposed changes to the parking spaces and the addition of the retaining wall. Review of this project does not relieve the Land Surveyor or Engineer of Wo responsibilities with state and local ordinances. Signed ClJL ft. &*jU-Date Charles R. St. John, RCE C57649 Expiration Date 12/31/07 H:\Public Works\082 Carkbad\620821 Carlsbad Dev Review\28, La Costa GIen\419-9A Const change PROJECT COMPLETION.** 9275 Sky Park Court • Suite 200 - San Diego, California 92123-4386 -Telephone 858.874.1810 - Fax 858.514.1001 • www.pbsj.com An employee-owned company PROJECT REVIEW COMPLETION The following project has been reviewed and are recommended for approval: Project Name: La Costa Glen North Project No.: SDP 98-01(A) Document No.: DWG 419-9, Improvement Plan Sheets No.: 1 Through: 48 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the review of this project as defined in Section 6703 of the Business and Professions Code and have found the project to be in substantial compliance with applicable codes and standards. Review of this project does not relieve the Land Surveyor or Engineer of Work of the responsibihiifiSAv4thj»tate and local ordinances. Signed 't-. 3& l—~ " Date 4 Charles R. St. John, RCEC57649 Expiration Date 12/31/05 PROJECT REVIEW COMPLETION.doc 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com PBSJ An employee-owned company PROJECT REVIEW COMPLETION The following project has been reviewed and are recommended for approval: Project Name: La Costa Glen, IOD for Open Space Conservation Easement Project No.: SDP 98-01(A) Document No.: PR 05-15, Exhibits A, B DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the review of these documents as defined in Section 8703 of the Business and Professions Code and determine that these documents are found to be in substantial compliance with applicable codes and standards. Review of these documents does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. Signed Expirsftior \J Date John W Powell, RCE 28179 Date: 3/31/06 PROJECT REVIEW COMPLETION.doc 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com resj An employee-owned company PROJECT REVIEW COMPLETION The following project has been reviewed and are recommended for approval: Project Name: La Costa Glen, Emergency Access & Fire Lane Easement Project No.: SDP98«QJ(A) Document No.: PR 04-80, Exhibits A, B DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the review of these documents as defined in Section 8703 of the Business and Professions Code and determine that these documents are found to be in substantial compliance with applicable codes and standards. Review of these documents does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. Signed John/M. Expiratic n Date 'owell, RCE28179 Date: 3/31/06 PROJECT REVIEW COMPLETlON.doc 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com PBSJ An employee-owned company PROJECT REVIEW COMPLETION The following project has been reviewed and are recommended for approval: Project Name: Project No.: Document No.: Sheets No.: La Costa Glen SDP 98-01(A) Grading Plan, Dwg. 419-9A Through: 37 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the review of this project as defined in Section 6703 of the Business and Professions Code and have found the project to be in substantial compliance with applicable codes and standards. Review of this project does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. Signed Date Charles R. St. John, RCE C57649 Expiration Date 12/31/05 PROJECT REVIEW COMPLETION.doc 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com PBS' An employee-owned company PROJECT REVIEW COMPLETION The following project has been reviewed and are recommended for approval: Project Name: La Costa Glen, Quitclaim of Easement Project No.: SDP 98-01(A) Document No.: PR 04-58, Exhibits A, B DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the review of these documents as defined in Section 8703 of the Business and Professions Code and determine that these documents are found to be in substantial compliance with applicable codes and standards. Review of these documents does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. Signed Date John M. Powell, RCE 28179 Expi/ation Date: 3/31/06 PROJECT REVIEW COMPLETION.doc 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com PBSf An employee-owned company PROJECT REVIEW COMPLETION The following project has been reviewed and are recommended for approval: Project Name: La Costa Glen, Quitclaim of Easement Project No.: SDP 98-01(A) Document No.: PR 04-57, Exhibits A, B DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the review of these documents as defined in Section 8703 of the Business and Professions Code and determine that these documents are found to be in substantial compliance with applicable codes and standards. Review of these documents does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. Signed Date M. Powell, RCE 28179 ixpi ration Date: 3/31/06 PROJECT REVIEW COMPLETION.doc 175 Calls Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com PBS; An employee-owned company PROJECT REVIEW COMPLETION The following project has been reviewed and are recommended for approval: Project Name: La Costa Glen, Lot Line Adjustment Project No.: SDP 98-01(A) Document No.: ADJ 04-03, Exhibits A, B DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the review of these documents as defined in Section 8703 of the Business and Professions Code and determine that these documents are found to be in substantial compliance with applicable codes and standards. Review of these documents does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. Signed &&« m / (X^Jd/ Date M. Powell, RCE 28179 ixdiration Date: 3/31/06 PROJECT REVIEW COMPLETION.doc 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com Leighton and Associates, Inc. A LEIGHTON GROUP COMPANY August 31,2004 Project No. 960134-005 City of Carlsbad No. S.D.P 98-01(A) To: City of Carlsbad, Engineering Dept. 1635 Faraday Avenue Carlsbad, California 92008 Attention: Mr. Glen Van Peski, PE Subject: Notice of Change in Geotechmcal Consultant, Proposed Development of La Costa Glen North, Green Valley Carlsbad Tract (CT) 92-08, Lots 7, 8 and 9, Carlsbad, California Reference: Leighton and Associates, hie., 2003, Supplemental Geotechnical Investigation and Update Geotechnical Report, Proposed Development of La Costa Glen North, Green Valley Carlsbad Tract (CT) 92-08, Lots 7, 8 and 9, Carlsbad, California, Project No. 4960134-002, dated November 26, 2003 As required by the City of Carlsbad, the purpose of this letter is to inform you that that Leighton and Associates, Inc. is no longer the geotechnical consultant for Proposed Development of La Costa Glen North, Green Valley Carlsbad Tract (CT) 92-08, Lots 7, 8 and 9, in Carlsbad, California. If you have any questions regarding this letter, please contact this office. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. Distribution: (2) Addressee (1) Continuing Life Communities Attention: Mr. Gary Kutz William D. Olson, P.E. Senior Project Engineer 3934 Murphy Canyon Road, Suite B205 » San Diego, CA 92123-4425 858.292.8030 » Fax 858.292.0771 • www.leightongeo.com CONSULTA/^NTS Civil Engineering • Surveying July 1, 2004 J.N. 021039-1 Hand Deliver City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attn: Engineering Department RE: Lot Line Adjustment (ADJ 04-03) (SDP 98-01 (A)) Planning Commission Resolution No. 5590, Condition #39 Dear Sirs: On behalf of our client, Continuing Life Communities, LLC, we are requesting a lot line adjustment. The proposed lot line adjustment will allow the first phase, which includes Building "D", the central plant, and parking for the employees to be on one lot, and the rest of the site on the other lot. Very truly yours, O'DAY CONSULTANTS, INC. George O'Day Project Manager GO/pm cc: Gary Kutz, Continuing Life Communities, LLC W:\MSOFFICE\WINWORD\021039\040701 City of Carlsbad.ltr.doc O'Day Consultants Inc. 2710 Loker Avenue West. Suite 100 Carlsbad, California 92008-6603 E-mail: oday@odayconsultants.com Website: www.odayconsultants.com Tel: 760.931.7700 Fax: 760.931. CONSULTA /N T S Civil Engineering 8 Surveying March 29,2004 J.N. 021039 / Mr. Bob Wojcik City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: La Costa Glen, SDP 98-01(A) Dear Bob: On behalf of our client, Continuing Life Communities LLC, we request that the city plan check the improvement plans and grading plan for La Costa Glen in advance of the planning commission resolutions for SDP 98-01 (A). Continuing Life Communities LLC will assume the financial risk of changes that may be required as a result of the S.D.P. approval including additional plan check fees due to these possible changes. Very truly yours, O'DAY CONSULTANTS, INC. /f X)George %j Day / Project Manager GO/pm cc: Gary Kutz, Continuing Life Communities RECEIVED APR 1 4 JON ENGINEERING DEPARTMENT W:\MSOFFICE\WINWORD\021039\040329 Wojcik.ltr.doc O'Day Consultants Inc. 2710 Loker Avenue West, Suite 100 Carlsbad, California 92003-6303 Leighton and Associates, Inc. A LEIGHTON GROUP COMPANY March 17,2004 RECEIVED APR 1 4 2004 ENGINEERING DEPARTMENT Project No. 960134-005 To: Continuing Life Communities 1940 Levante Street Carlsbad, California 92009 Attention: Mr. Gary E. Kutz Subject: Response to Comments on Supplemental Geotechnical Investigation and Update Geotechnical Report, Proposed Development of La Costa Glen North, Green Valley Carlsbad Tract (CT) 92-08, Lots 7, 8 and 9, Carlsbad, California Reference: Leighton and Associates, Inc., 2003, Supplemental Geotechnical Investigation and Update Geotechnical Report, Proposed Development of La Costa Glen North, Green Valley Carlsbad Tract (CT) 92-08, Lots 7, 8 and 9, Carlsbad, California, Project No. 4960134- 002, dated November 26, 2003 In accordance with your request, we have reviewed our geotechnical report (Leighton, 2003) in regards to your March 2, 2004 letter and comments regarding the floor slab recommendations. Based on our review and considering the site-specific geotechnical conditions, we still recommend that slabs-on-grade be at least 5 inches thick and reinforced with No. 3 rebars at 18 inches on center (each way) or No. 4 rebars at 24 inches center (each way). As for the 2-inch layer of sand below the 10-mil (or heavier) plastic sheeting moisture barrier, the use of existing on-site sandy soils should be considered. However, we recommend that construction observations and testing be performed to verify gradation of the finish grade soils prior to certifying the building pad. If you have any questions regarding this letter or our reports, please contact this office. We appreciate this opportunity to be of service. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. William D. Olson, RCE 45283 Senior Project Engineer Distribution: (3) Addressee 3934 Murphy Canyon Road, Suite B205 « San Diego, CA 92123-4425 858.292.8030 « Fax 858.292.0771 • www.leightongeo.com CITY OF CARLSBAD ENGINEERING DEPARTMENT DEVELOPMENT SERVICES February 24, 2004 TO: PROJECT PLANNER - Christer Westman FROM: Consultant Project Engineer - Development Services Division VIA: Acting Principal Engineer - Development Services Division LA COSTA GLEN SDP 98-01 (A)/CUP 98-01 (A)/CDP 98-04(A) PROJECT REPORT AND CONDITIONS TRANSMITTAL Engineering Department staff has completed the review of the above-referenced project and are recommending: X That the project be approved subject to the conditions as listed on the attached sheet. That the project be denied for the following reasons: X The following is a final Land Development Section project report for inclusion in the staff report for this project. LAND DEVELOPMENT SECTION Project Report PROJECT ID: SDP 98-01 PROJECT NAME: LA COSTA GLEN LOCATION: Levante Street, west of El Camino Real LEGAL: Portions Lots 1,7,8 and 9 and Rush Rose Street of Green Valley, CT 92- 08, per Map No. 13997 recorded July 10, 2000. APN 255-012-17,-18 DESCRIPTION: The proposed project modifies the previously-approved La Costa Glen project (SDP 98-01) by changing the mix of retirement units to include more independent living units and less villa/cottage units. The result is an increase in the total number of units, including the existing south side, from 571 to 799 units. TRAFFIC AND CIRCULATION: Projected Average Daily Trips (ADT): [north side only] 971 ADT Comment: Traffic report has been prepared by Linscott Law Greenspan dated June 12, 2003. The report finds that the increase of 605 ADT "should not be considered a significant impact over the originally approved project, and is still within the maximum ADT and peak hour volumes analyzed in the Green Valley Reduced Project Alternative". The on-site circulation roadway has been reviewed by the Fire Marshall, and has been widened in response to staff comments, for adequate fire access and circulation. SEWER: Sewer:Leucadia Wastewater District Sewer EDU's Estimated / Required: 505 EDU Per LWD Comment: Leucadia Wastewater District has reviewed the site plan and indicated that they will provide sewer service. Additional developer improvements may be required. Portions of the existing sewer line onsite will be relocated with this project. WATER: Water District: Olivenhain Municipal Water District GPD Required: Per OMWD Comment: Olivenhain Municipal Water District has reviewed the site plan, and has provided a water availability letter to the developer. Portions of the existing reclaimed and potable waterlines onsite will be relocated with this project. SOILS & GRADING: Quantities: Cut: 83,796 cy Fill: 83,796 cy Export: 0 cy Area of Excavation: N/A Permit required: Yes Off-site approval required: No Hillside grading requirements met: N/A Comment: Project area has been previously graded per Drawing 349-3A. Quantities include the existing stockpile on the property. DRAINAGE AND EROSION CONTROL: Drainage basin: D Preliminary hydrology study prepared by: O'Day Consultants dated Nov. 10, 2003 Runoff Potential: High Comment: The hydrology was studied extensively for the Green Valley project. The proposed changes to the north side by this project result in an increase of 19 cfs (17%) in the 100-yr. peak runoff compared to the previously-approved project, prior to detention. The existing detention basin, constructed by Dwg. 349-3A, will result in no increase in peak runoff. WATER QUALITY / NPDES: Receiving Water: Batiquitos Lagoon (SDRWQCB Watershed Basin 904.51) Receiving Water Body 303(d) impaired: No Priority project per Order 2001-01: Yes Best Management Practices shown: Diversion of run-on flows through separate storm drain system, catch basin filter inserts, inlet stenciling, existing detention basin. Comment: The applicant has submitted a Preliminary Storm Water Management Plan (SWMP) prepared by O'Day Consultants, and has been conditioned to prepare a Final SWMP with an enhanced level of Best Management Practices (BMPs). The project will be required to identify and implement source-control BMPs in addition to treatment BMPs. LAND TITLE: Conflicts with existing easements: Yes Easements/dedication required: Yes Site boundary coincides with land title: Yes Comment: Project will be conditioned to apply for vacation of the existing irrevocable offers of dedication for Rush Rose Street. New easements to Leucadia Wastewater District and Olivenhain Municipal Water District will be required by those districts. A public utility and access easement will be required by the City over the private drives and fire hydrants. Some existing LWD and OMWD easements will have to be quitclaimed. Since Levante Street is now serving as a private driveway to the La Costa Glen project, and there are no public streets proposed within the project, this project will be required to apply for vacation of Levante Street, which will become privately maintained. IMPROVEMENTS: The project will construct private drives and parking stalls, a sewer system to the satisfaction of Leucadia Wastewater District, a public water system including fire hydrants and sprinkler connections to the satisfaction of Olivenhain Municipal Water District, a private storm drain system consisting of dual systems to keep run-on stormwater from coming into contact with possible pollutants, and private street lights. >:>; g General 7. 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. 8. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 11. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. XX. Developer shall petition the City to vacate the irrevocable offer of dedication on Levante Street, and provide to the City Engineer, , an acceptable means, CC&Rs and/or other recorded document, for maintaining the private street, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. XX. Prior to issuance of a building permit, developer shall submit an application for and obtain approval for a Lot Line Adjustment to adjust the existing lot line to a location satisfactory to the City Engineer. Fees/Agreem ents 23. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 25. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 26. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film 5 format suitable for a permanent record. 28. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer. Dedications/Improvements 34. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. XX Prior to issuance of a grading permit, developer shall dedicate, by separate document, a public utility and access easement over all private drives and fire hydrants. 40. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 42. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)". The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. Include all content as established by the California Regional Water Quality Control Board requirements; b. Include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; c. Recommend source control and treatment control Best Management Practices (BMP's) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 43. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)". The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Runoff Management Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. Identify existing and post-development on-site pollutants-of-concern; b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. Recommend source controls and treatment controls that will be implemented with this project 6 to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; e. Ensure long-term maintenance of all post construct BMPs in perpetuity; and f. Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Code, The Avgrag5^afly>Trips (ADT) and floor area contained in the staff report and shown on the fSTTE PT AN/TF|i|tfTifcujHfyn \IAP) are for planning purposes only. Developer shall pay trafncTliipact aifiTsewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. Water/Reclaimed Water/Sewer 56.Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. The Developer shall meet with and obtain approval from Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding recycled water infrastructure available or required to serve this project. Prior to issuance of building permits, Developer shall submit evidence of sewer connection fee payment to the satisfaction of Leucadia Wastewater District. Board of Directors Mark A. Muir, President Susan J. Varty, Vice President Harold L. Gano, Secretary Thelma M. Miller, Treasurer Robert F Topolovac, Director OLIVgNHAlN Municipal Water District General Manager David C. McCollom Deputy General Manager Harry Ehrlich Assistant General Manager Kimberly A. Thorner General Counsel Wesley W. Peltzer 1966 Olivenhain Road, Encinitas, California 92024 I Phone (760) 753-6466 Fax (760) 753-1578 I www.olivenhain.com February 17,2004 RECEIVED Mr. Gary Kutz Continuing Life Communities, LLC 1940 Levante Street Carlsbad, CA 92009 SUBJECT: Water Availability Letter La Costa Glen Phase II Project Dear Mr. Kutz: T W.O.# 555000 The City of Carlsbad has requested the District to provide a Water Availability Letter for the property identified above for a proposed project described as: Major Subdivision. This property is in the District and eligible to receive domestic service at this time. The District has or will have adequate facilities in this area. There is or will be capacity in these facilities to serve the proposed project at the time requested. Water service is or will be available at the time requested at a minimum of 25 psi pressure at the District's main under normal operating conditions and upon completion of all necessary facilities, including any required onsite and offsite water lines, appurtenances, or facilities as required and noted below, in the District's sole discretion. However, all water received by the District is imported from other agencies. Accordingly, there is no guarantee that water will be available when service is requested. The District has been requested to furnish a staff estimate, based on current conditions, of the availability of water service in this area. This letter is issued for planning purposes and is not a representation, express or implied, that the District will provide service at a future date. Commitments to provide water service are made only by the District's Board of Directors and are subject to the applicants compliance with the Districts' fees, charges, rules and regulations, the Environmental Quality Act of 1970, as amended, and the applicants' agreement to construct any required onsite and offsite facilities together with the applicant's providing security as required by the District for construction of those facilities. The issuance of this Water Availability Letter does not grant the applicant any water rights. The applicant does not secure a right to water until application for service is made and approved by the District, and the applicant has complied with all requirements of the A Public Agency Providing Water Wastewater | Recycled Water Hydroelectricity | Elfin Forest Recreational Reserve Pure Excellence *•»»' District. The failure of the applicant to pay any fee or charge of the District's when due, or to comply with other requirements of the District, shall entitle the District to unilaterally terminate this Water Availability Letter, and all further rights of the applicant to water service. Improvement fees, when applicable, are paid to the District to reserve future water service for the project contingent upon the applicant paying all fees and charges and complying with all requirements of the District. The payment of all improvement fees by the date they are due is an express condition precedent to any right of the applicant to receive future water service. The failure of applicant to make any improvement fee payment by the date it is due shall automatically terminate the right of applicant to receive future water service and no previous improvement fee payments paid by the applicant shall be refunded. Reinstatement of the water commitment requires applicant to remedy any defects or deficiencies and payment of fees and charges applicable, as determined by the District, in its sole discretion. This commitment to water service availability is conditioned on the following requirements and/or limitations: 1. Applicant is required to provide all fee and easements as required for construction of onsite and offsite facilities as required by the District, in its sole discretion. 2. Applicant is required to construct all onsite and offsite facilities as required by the District, in its sole discretion. 3. Applicant is required to execute District Agreement for pipeline construction and furnish all necessary documents for insurance, bonding, and pay all District's charges as they are invoiced. 4. In accordance with District Assessment District 96-01, not attached hereto, but incorporated herein by reference, lots of 1A acre or less may have a 3/4 inch meter installed unless owner chooses to upgrade the meter and pay the additional fees and charges. Lots greater than !/2 acre but less than 3 acres require one-inch meters to be installed. Lots in excess of 3 acres require a minimum 1V* inch meter to be installed. Larger meters may be required by the District, in its sole discretion. If it can be demonstrated that lots of a given area are not useable in gross, a deviation in meter size may be made with the concurrence of the District Engineering Manager. 5. The District may require larger meters than the Assessment District 96-01 lot size criteria would dictate if the individual residence requires water service greater than can be accommodated by the standard 3/4 inch meter irrespective of the lot size, in its sole discretion. This letter of water availability pertains solely to the proposed project as described by applicant, is not transferable to any other project, and is not transferable to any other owner or developer without written permission of the Board of Directors of the District. Any purported transfer, sale, or assignment of this Water Availability Letter without the prior written consent of the District renders this letter null and void. This letter automatically terminates, and is of no further force or effect, on the occurrence of (1) February 17, 2004 without an approved tentative map; (2) termination of any tentative map; (3) termination of any final map; or (4) five years from the date of recordation of any final map. OLIVENHAIN MUNICIPAL WATER DISTRICT Gfeorge^Briest Engineering Manager Cc: City of Carlsbad Public Works - Development Services Attn: Glen Van Peski 1635 Faraday Ave Carlsbad CA 92008 LEUCADIA WMTEWATER DISTRICT BOARD OF DIRECTORS JUDY K. HANSON, PRESIDENT ELAINE SULLIVAN, VICE PRESIDENT LOIS E. HUMPHREYS, DIRECTOR DAVID KULCHIN, DIRECTOR ALLAN H. JULIUSSEN, DIRECTOR MICHAEL J. BARDIN, GENERAL MANAGER February 11, 2004 3252-593 Mr. Glen Van Pesky, P. E. GVP Consultants 3764 Cavern Place Carlsbad, CA 92008-6585 Re: Site Development Plan for La Costa Glen (LCG), Units 3 and 4 Dear Glen, As requested by LCG, Leucadia Wastewater District (LWD), formerly Leucadia County Water District, has reviewed the Site Development Plan for La Costa Glen (LCG) latest revised January 20, 2004. The La Costa Glen Units 3 and 4 project is located northerly of La Costa Glen Units 1 and 2, southerly of La Costa Avenue, and westerly of El Camino Real. The future La Costa Glen Unit 5 will be located northwest of Units 3 and 4. Unit 5 will likely require a future wastewater pump station discharging to Units 3 and 4, or gravity sewer service north to La Costa Avenue and thence to El Camino Real. LWD understands that the La Costa Glen Units 3, 4 project will include approximately: 23 Villas 29 Garden Villas 305 Apartments (5 buildings) + 3 Guest Suites 1 Common Building 1 Recreation Building 1 Central Plant LCG indicates that Phase 3 will have about 100 sewer Equivalent Dwelling Units (EDUs), Phase 4 will have about 358 EDUs, and it is possible that an additional 47 EDUs may have sewer service through Phase 3 and 4. The actual sewer connection fee assessments will be determined based on review of architectural plans and other documentation required by LWD to be provided by the developers prior to issuance of building permits. The proposed La Costa Glen Units 3 and 4 project is within the existing LWD boundary. LWD plans to provide sewer service to this development. All on-site and any off-site sewer facilities necessary for La Costa Glen Center to tie into the existing LWD sewer system will be designed and constructed by the project developer. 196O LA COSTA AVENUE, CARLSBAD, CA 92OO9 • PHONE 76O.753.O155 • FAX 760.753.3094 • LWWD.ORG • INFO@LWWD.OR6 Mr. Glen Van Pesky, City of Carlsbad February 11, 2004 L WD Review of La Costa Glen Units 3 and 4 Page 2 of 3 The LCG developers will be required to comply with the requirements of the LWD Standard Specs and other applicable ordinances and resolutions, as they are current at the time, with regard to: development review processing, construction, and dedication of sewer facilities to LWD. We request that evidence of sewer connection fee payment be required by the City prior to issuance of City building permits. In the future, after connection and occupancy are approved, annual sewer service charges will be assessed by LWD to the owners of the land. Items of more specific concern based on a review of the Site Development Plans are as follows: 1) All documents should reflect the new name of the District, Leucadia Wastewater District, wherever referenced and the new abbreviation, LWD, as appropriate. 2) All sewer shown on these plans will be dedicated public sewer. Laterals shall be private. All sewer not in public dedicated streets will be in easements recorded as stand alone documents with the Exclusive or Non-Exclusive Grant Deed language included in the appendix of the LWD Standard Spec, as appropriate. Minimum separation from water mains should be 10 feet clear, unless otherwise approved by the appropriate water agency. All manholes shall be accessible by District maintenance vehicles. 3) LCG has submitted a sewer study for review and approval by LWD. LWD has requested that LCG perform on-site flow monitoring of the existing development. Depending on the results of the flow monitoring, LWD may or may not require up-sizing or paralleling of the existing 10-inch diameter sewer in Levante Street between LCG and El Camino Real. Other on-site sewer requirements may result from review of the sewer study. Other off-site sewer impacts are not anticipated. 4) All food handling areas shall be subject to LWD review for grease interceptor requirements. The developer will be required to include LWD in the submittal of architectural and plumbing plans for all proposed food service buildings for review relative to connection fee assessments and compliance with grease control requirements, noted below. 5) Any facility-wide proposed water softeners shall be subject to LWD and Encina Wastewater Authority review and approval. 6) Any water features with drains to sewer will be assessed additional sewer EDUs. 7) There will be minor changes to the sewer required during the final plan check of the improvement drawings. 8) The Developer's engineer should also be aware that a newly required sewer data table must be provided as part of each set of improvement plans. The new data table will include all data necessary for input of the sewer facility locations and characteristics to the LWD Geographic Information System (GIS) and sewer maintenance program. This will be coordinated during the improvement plan review process. Mr. Glen Van Pesky, City of Carlsbad February 11, 2004 L WD Review of La Costa Glen Units 3 and 4 Page 3 of 3 Thank you for providing this review opportunity to LWD. Please call myself, Steve Deering, LWD District Engineer at 760-479-4101, or Mr. Frank Reynaga, LWD, at 760-753-0155, if there is additional coordination or participation needed from LWD in the planning and approval process for La Costa Towne Center. Very truly yours, Leucadia Wastewater District 'Steve Deering, PE LWD District Engineer cc. Mr. Frank Reynaga, LWD Customer Service Mr. Leo Schempp, LWD Operations Mananger Mr. Paul Bushee, LWD Assistant General Manager Mr. George O'Day, O'Day Consultants Mr. Gary Kutz, La Costa Glen PLANNING SYSTEMS LAND USE / COASTAL PLANNING LANDSCAPE ARCHITECTURE • LA.WOO POLICY AND PROCESSING ENVIRONMENTAL MITIGATION November 10, 2003 Christer Westman Planning Department City of Carlsbad RECEIVED 1635 Faraday Avenue ~ , . u Carlsbad, CA 92008 £^£L l2Mk}/VWZXU_ ^gy ^ 2 2QQ3 Reference: LA COSTA GLEN - NORTH END CITY O F CARLSBAD SDP98-01(A)/CUP98-01(A)/CDP98-04(A) PLANNING DEPT Dear Christer, We are in receipt of your comments articulated in the list of issues of concern identified in the letter from Michael Holzmiller dated September 24, 2003. Submitted with this letter are five (5) sets of development plans that have been revised to address each of the issues of concern. Also attached are reports, documents and exhibits requested pursuant to these issues. Also included is a list of the identified City issues, and our method of response to each issue. hi addition to responding to the comments from the three City departments, we have also found it necessary to make the following modifications to these revised plans: 1. Handicap standard and van accessible stalls have been added to the carports and garages. 2. Some of the handicap parking stalls have been relocated or deleted. As always, we are available to meet with any City of Carlsbad departments if needed. Inasmuch as the local response to the Continuing Life Communities facility has been overwhelming, with more than 100 clients on a waiting list at this time, we are eager to proceed to staff recommendation and hearings as soon as possible. cerely, Paul J. Klukas Director of Planning cc: Rick Aschenbrenner Justin Wilson Gary E. Kutz Tom Hageman Attachments 1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • planningsystems@nctimes.net ISSUES OF CONCERN No. SDP 98-01(A)/CUP 98-01(A)/CDP 98-04(A) - La Costa Glen North End Planning: 1. The Planning Commission commented on the height of buildings in the northern part of La Costa Glen and what seemed to be a desire to keep things relatively low. I believe that their comments regard the project visibility from El Camino Real, the shopping center and homes to the east of El Camino Real. A similar comment was made at the preliminary review stage and implied that limiting the project buildings to two-stories was more acceptable to staff. Perhaps photo simulations will better describe how the proposed three story buildings will fit into the existing terrain. REPONSE: Submitted with this resubmittal package are photos simulations viewed from four different locations, as requested. A key map demonstrating the photograph points is attached with this letter. 2. It seems that staff had enough of a concern with the original project's mix of living units that it was specifically discussed in the report to the commission. The concern was for the project's consistency with the land use described in the Green Valley Master Plan for Planning Area 3 as "400 single-family dwelling units". Your proposal further reduces what could be considered single-family dwellings from 171 to 99 and increases the commercial living units from 333 to 638. Provide your justification for the dwelling unit intensification and explain how it is consistent with the Green Valley Master Plan. REPONSE: Issue #2 requests that we provide justification for (a) the dwelling unit intensification, and (b) explain how it is consistent with the Green Valley Master Plan. We offer the following response: Dwelling unit intensification. The La Costa Glen project was and still is a project which began as a concept. No clear model existed for exactly how the development and associated services would be received by the public. Various components of the project housing types had been offered in other projects before, but never in at the size, setting and mix of La Costa Glen. It was the developer's goal to create a "building envelope" within the La Costa Glen site - and work to provide a multi-faceted senior community within this development area. This was accomplished through the preparation and approval of a combination of planning documents, including the FEIR, the LFMP, the Master Plan and the Site Development Plan. The existing Phase I of the project has provided invaluable understanding of the segment of the retirement community who prefer the program offered at La Costa Glen. Continuing Life Communities (CLC) is now more able to see the preferable mix and configuration of services and housing circumstances, based on their experience and the demand resulting from Phase I. 1 The average age for residents of this continuing care retirement community (CCRC) is about 80 years, and is expected to go up over the coming years. CLC has found that these residents desire to be closer to the food service, common facilities, activity centers, and health and fitness and other community amenities than is possible with the current low-intensity plan for the north site. Introducing additional common facilities at the north end of the property sufficient to provide suitable proximity requires intensification of unit density in order to serve and satisfy a critical mass of residents and to accommodate the extra capital and operating resources required. This allows more residents to live within a more convenient, walkable distance from central food and activity centers. At the same time, CLC has found that there is much greater demand for CCRC units than was originally anticipated, and there is much unmet need and desire for this full service, secure, continuum of care lifestyle. We are informed that all of the CCRC retirement communities in north San Diego County are presently operating at capacity, and all have significant waiting lists. The year 2000 Census, completed after original SDP/CUP approval, revealed the market for this product to be about 50% larger than was originally anticipated. In the nearly completed, south phase of the project, units completed (227) are 100% occupied; those about to be completed are virtually all reserved for occupancy; and there is a waiting list in excess of 100 clients for the future phase. This list grows at a rate of 8 to 10 clients per month. La Costa Glen Carlsbad has become the landmark retirement community for the region. It has also received national recognition, partly due to its market success and its superb location. Consistency with Master Plan. An "apples-to-apples" analysis of the La Costa Glen CCRC project in relation to a residential project will always be somewhat problematic, inasmuch as the CCRC project is a hybrid use (combination of residential and commercial), which does not lend itself to a straight d/u to d/u comparison. The Green Valley Master Plan allows retirement communities separately from (and as an alternative to) the standard single family residential project. Unfortunately standard City analysis typically addresses "dwelling units". Notwithstanding this issue with appropriate comparison, the public facility impacts to traffic, and other infrastructure which are projected to result from the new plan are by any analysis less than those that would result from the "400 single-family dwelling units". As a retirement community licensed through the State of California as both a CCRC and a Residential Care Facility for the Elderly (RCFE), La Costa Glen Carlsbad is occupied by older and fewer people per dwelling unit than a single-family subdivision would be. Single-family dwelling units are typically occupied by 2.5 or more people per unit. La Costa Glen Carlsbad independent living units are occupied by about 1.4 people per unit initially, but this goes down over time to 1.2 to 1.25 years, as it has at the CCRC facility in Fullerton, California. In figures: V- Units Persons/Unit Population SFD's: 400 2.5 1,000 CCRC (Initially): 660 1.4 924 CCRC (Later): 660 1.2 792 As is described more fully elsewhere in the La Costa Glen submittal package, projected traffic generation is much less in total traffic ADT's; the ADT's at peak periods are less; and the direction of traffic at peak periods is opposite to that of a single-family subdivision, resulting in significantly less impact on the local and regional road system than originally contemplated in the Master Plan Program FEIR. There is virtually no impact on schools. And other infrastructure impacts, due to fewer and older population, are projected to be less than those that would result from a 400 single-family unit subdivision. The language and intent of the Green Valley Master Plan - Reduced Project Alternative permits a facility of this type, as was found in the previous SDP/CUP approval. This can be seen at pages VI-26 and 29 of the Master Plan document, and in the findings of approval for Planning Commission Reso. No. 4447 (SDP 98-01). The desirability of the La Costa Glen Carlsbad development as a CCRC has been endorsed by many neighbors, some of whom have become residents or have influenced their parents and relatives to become residents of the community. 3. Provide an overall parking summary that includes parking for what has been built and what will be added. One resident space and one guest space is required for every two villa or cottage units. All other parking is required at a ratio of 0.45 per bed. REPONSE: The parking summary information has been provided on the Architecture Plans Sheet T-2 and on the Engineering Plans Sheet 1. These summaries reflect the ratios above, and conclude that a total of 570 spaces are required and 1,003 have been provided. 4. Removing residential development from the northwesterly canyon is recommended because of its visibility from El Camino Real and the fire hazard of the surrounding natural slopes. REPONSE: Computer generated photo-simulations are attached that show that the proposed minimal development within the northwesterly canyon is barely decipherable from nearby streets because of the distance involved, and the fact that they will be largely obstructed by the apartment building to the east of that area. The photo- simulations conclude that the top Villa only would be visible and that the proposed extensive landscaping will break it up sufficiently so as to adequately screen it from view. Please note also as seen in these photos, there are a number of large homes that are plainly visible at the top of the hills from existing development within Encinitas. These units are far more visible than the subject villas. In addition, all development proposed within the northwesterly canyon will be in full compliance with the buffer and vegetation modification fire suppression requirements of the City's Landscape Manual, and will be consistent with the impacts and mitigation addressed in the FEIR. 5. Please prepare a comparison analysis of the facilities impacts generated by the proposed SDP 98-01(A) with those analyzed for the approved SDP 98-01. REPONSE: Please see the attached Public Facility Demand Comparative Analysis prepared by Planning Systems. 6. All of the garage structures should have hip roofs versus any combination of hip and flat roofs. REPONSE: A combination of flat roofs and hip roofs on the garages has been detailed in this phase of the development in order that the detached garages adjacent to the Villa's hip roofs blend in architecturally with the hip roofs on the Villa's. Additionally, it is our strong architectural preference preferred to have flat roofs on the garages and carports adjacent to the apartments so as to not obstruct the views from the second and third floor apartments. The garages and carports on the south property all have approved flat roofs. In accordance with your request, the two garage roofs along the east part of Rush Rose Street have been changed to correct to this format. In summary, we prefer a variety of roof lines, which is best achieved through a combination of the two roof designs. As a result, the garages on the eastside of Rush Rose Street to the end of the Villa's would have hip roofs and the garages and the carports on Rush Rose Street on the Westside of the apartments would all have flat roofs. We are hopeful that this variety will be acceptable to the Planning Department. 7. The floor plans and elevations should be coordinated to more clearly show the transition from the commons and recreation buildings to the independent living unit buildings. I have a concern about how the flat roof portions will look relative to the rest of the project. I am not clear if ILU "E" is attached to the commons building. REPONSE: The Commons Building and the Recreation Building have tile sloped roofs. (See KTGY Group plans Sheets CM-3, CM-4 and RB-4). The elevations of the Commons Building and the Recreation Building have been expanded to show the adjacent apartment buildings. (See KTGY Group plans Sheets CM-4 & RB-4). The floor plans of the two buildings previously showed the adjacent apartments on plan Sheets CM-1, CM-2, RB-1 & RB-2. Apartment Building "E" is attached to the Commons Building; please refer to drawings IL-8 and CM-2. Fire: 1. To assist in dispatch during an emergency, street names should not sound similar. REPONSE: We have eliminated street names and now identify them as Street A, B, C, etc. The names will be finalized during the final improvement plan process, as is the typical procedure. 2. Monuments should be placed at each intersection at each three hundred foot interval if no intersection is near. REPONSE Stucco monument signs are proposed to be per the same design as the existing (Phase I) facility and will be provided at all street intersections and building entries to aide the fire department and all residents in access around the property. These monument signs will be detailed in the sign program, which will be submitted prior to building permits. 3. The island at the entrance from La Costa Glen Drive to Rush Rose Circle should be deleted. REPONSE: The landscape island at the intersection of Levante Street has been deleted as requested. (Please refer to Engineering Plan Sheet 3) Engineering: 1. Include the calculations for the project ADT on the Site Plan. REPONSE: Traffic count has been added to the Engineering Plans Sheet 1. 2. Show fire flow demand, average and peak potable water demand, and specify which buildings are proposed to have fire sprinklers. REPONSE: As indicated on Sheet 1 of the Engineering Plans, OMWD possesses the proposed plans for La Costa Glen North End, and is assessing the exact potable and fire flow water demands of the project. We are informed that this information will be available from OMWD in the short term. The following buildings will have fire sprinkler systems: Commons Building Apartment Buildings Villas Woodwork Shop Recreation Building Central Plant 3. Show sewer generation in MGD. REPONSE: As indicated on Sheet 1 of the Engineering Plans, LCWD possesses the proposed plans for La Costa Glen North End, and is assessing the exact sewer collection requirements of the project. We are informed that this information will be available from LCWD in the short term. 4. Show calculations for number of required parking spaces. REPONSE: Parking requirements have been added to the Engineering Plan Sheet 1 and KTGY plan sheet T-2, as requested. 5. Clarify if the grading quantities take into account the existing stockpiles onsite. REPONSE: The grading quantities do take into account the existing stockpile; a note has been added on the Engineering Plan Sheet #1 to reflect this fact. 6. Label project entry street (Levante Street) on Key Map and detail sheets. REPONSE: Levante Street has been labeled on KTGY plan sheets SP-1, SP-2, SP-3 and Engineering Plans Sheet 3. 7. Clarify which storm drains are private and which are public. Show proposed storm drain easements for public storm drains. REPONSE: Storm drain lines have been labeled private or public on Engineering Plan Sheets 3 thru 12. 8. Storm drain from the inlets on Levante Street to its discharge is a public storm drain, requiring a storm drain easement, and shall be RCP. REPONSE: Storm drain inlets on Levante Street exist and are private so no easement is necessary. 9. Label storm drain that carries only runoff from natural areas as "clean storm water" or "bypass" storm drain to clarify. REPONSE: Storm drain lines have been labeled on Engineering Plans Sheets 3 thru 12, as requested. 10. Provide a new connection between the "bypass" storm drains on Sheet 8. REPONSE: The storm drain line on Engineering Plans Sheet 8 has been connected to a main line; see also Sheet 7. 11. Submit revised title report that covers only the area being developed. REPONSE: A revised corrected preliminary title report is attached. This report covers only the area being developed. 12. Clarify street cross-sections on Sheet 2 as public or private. REPONSE: All streets are private; it has been noted on Engineering Plans Sheet #2. 6 13. On street cross-sections, include utilities, streetlight and fire hydrant locations, extent of public utility easements, cross-fall grades, traffic index, and label curb and gutter, sidewalks, and pavement. REPONSE: All of the referenced items have been added to the Civil Engineering plans, as requested. 14. Revise easement table based on latest title report, revised to include only subject property. REPONSE: The revised easement table, based on an updated preliminary title report, is included on the Engineering Plans Sheet 2. 15. The complete property boundary must be shown on the site plan, including all bearings and distances. REPONSE: Some of the distances and bearings have been shown on additional plan sheets where a single line is shown on more than one plan sheet. 16. Show centerline radii of all streets / drives. REPONSE: This is being added to all of Engineering Plans, as requested. 17. Plot and label existing trail easement adjacent to the project. REPONSE: Public trail easement has been added to Engineering Plans Sheets 3, 5, 7, 11 and 12. 18. Revise building C-4 or adjacent public storm drain to show additional clearance. REPONSE: A portion of the storm drain will be relocated and a manhole added (See Engineering Plan Sheets 3 & 5). 19. Label all existing structures and trees onsite and their proposed disposition (where "typical", one note per sheet is sufficient). REPONSE: An existing site plan Engineering Sheet 16 has been added showing existing items and what will be done to each. 20. Correct distances between buildings as redlined on the Site Plan. REPONSE: The distances between each building have been labeled on Engineering Plan Sheets 3 through 12, as requested. 21. Correct grading into slope on Sheet 4 to account for existing brow ditch. REPONSE: More details have been added to Engineering Plans Sheet #4 to reflect detailed grading information, as requested. 22. Show widths of proposed private streets/drives in additional locations. REPONSE: The widths of all streets have been added to the Engineering Plans Sheets 3 thru 12. 23. Show all proposed onsite pedestrian ramps. REPONSE: Pedestrian ramps have been shown at all crosswalks and at handicap parking spaces; see Engineering Plan Sheets 3 through 12. 24. Show centerline grades and beginning and ending of vertical curves for proposed privates street/drives. REPONSE: This is already shown on Engineering Plans Sheets 3 thru 12. 25. Label trash enclosure locations. REPONSE: Two trash enclosures have been identified on Engineering Plans plan sheets # 8 & 9. 26. Show proposed easements for all public utilities, to the appropriate district. REPONSE: All utility easements have been shown on Engineering Plans Sheets 3 thru 12. 27. Check with title company regarding apparently existing OMWD facilities shown on the site plan without easements. REPONSE: The existing water sewer, and reclaimed water lines and easement are shown on the Engineering Plans Sheets 17 and 18. 28. Revise the cross-sections and grading of the proposed 10' utility access road to show surfacing to the satisfaction of the appropriate districts and no drainage over the top of slopes. REPONSE: Details have been added to the plans as requested, on Engineering Plans Sheets 2, 3, 5 & 7. 29. Provide additional elevations to verify that the driveway for Building V-7 will function correctly. REPONSE: More spot elevations of the driveway and street have been added. See Engineering Plans Sheet 9. 30. Show proposed street names on Sheet 14. REPONSE: At the request of the Planning Department the streets will be named on the final improvement plans. In the interim they are being identified as Streets A, B, C etc. 8 31. Check the truck turning movement for the right turn into the project from La Costa Glen Drive (Sheet 14). REPONSE: The island at the street entry has been eliminated at the request of the Fire Department. See Fire - See Item 3. 32. Show proposed utilities and easements on preliminary landscape plan, so sewer and water districts can analyze whether proposed planting and improvements within proposed easements meets their standards. . REPONSE: The utility easements have been added to both the O'Day and the IMA Design plans. The plans and planting will be reviewed with the utility companies and obtain their approval. 33. Preliminary Drainage Study did not contain a Summary of Results/Conclusion, though one was noted on the Table of Contents. Provide Drainage Study for review that is signed and sealed, and contains a Summary of Results and Conclusion. REPONSE: The drainage summary conclusion has been added to the Storm Water Management Plan, which is attached with this resubmittal. 34. Resubmit the Storm Water Management Plan (SWMP), with the title changed to reflect that it is a Preliminary Storm Water Management Plan. REPONSE: The storm water management plan is attached and has been revised to note: "preliminary". 35. Staff is concerned with the proposed circulation pattern of long driveways with large amounts of perpendicular parking. Traffic generation is very close to what would be considered a high use driveway, which would not allow perpendicular parking per City standards. REPONSE: The City has adopted a definition for high-use driveway. The subject circulation pattern is not projected to rise to the level of a high use driveway. Please refer to the detailed discussion of this matter in the attached letter report from Linscott, Law and Greenspan addressing this issue. 36. A Lot Line Adjustment will have to be prepared to either relocate or remove the existing lot line through the project. This can be submitted now, or concurrently with final engineering. REPONSE: A lot line adjustment will be processed concurrently with the final engineering plans. 37. The mass grading plans for the site have not been as-built. This will have to be done prior to the issuance of any subsequent grading permit for the site. REPONSE: P & D Engineers are working on the "As-builts" for the entire south site. It is acknowledged that these will be submitted to the City prior to the issuance of any subsequent grading permit for the site. 38. Provide a letter from the project Traffic Engineer showing that the proposed increased traffic will not prevent both gated project entrances from meeting City queuing standards. REPONSE: Please refer to the attached letter and report from Linscott, Law and Greenspan addressing this issue. 39. Provide letters fromOivenhain Municipal Water District (OMWD) and Leucadia County Water District (LCWD) indicating they have reviewed a copy of the site plan and are satisfied with the design, specifically referencing the following issues: a. Existing facilities have sufficient capacity for the proposed additional units. b. Widths and alignments of proposed easements are satisfactory. c. Radius of proposed facilities meets District standards. d. Whether trees are allowed in District easements REPONSE: At this time, we have not yet received letters confirming capacity and design acceptability from either OMWD or LCWD. We provided the agencies with copies of the proposed plans and have had the following meetings with them: Meeting Sept. 5,2003 - OMWD: George O'Day and Gary Kutz met with George Briest at Olivenhain Municipal Water District to review the following: - Summary of new north property (showing total number of units) - Meters for Garden Villas and Villas - Use of reclaimed water for golf course - Existing water line stub outs to be capped at the main Meeting August 12, 2003 - LCWD: George O'Day, Cathy Olson (O'Day Consultants), and Gary Kutz (Continuing Life Communities) met with Steve Deering (Dudek & Associates), Paul Bushee, Frank Reynaga, and Leo Schmepp (Leucadia Wastewater District) to review the following: - Overview of North property in way of building and sewer needs. - Updated Sewer Capacity report - A letter from Continuing Life Communities (CLC) showing total facility needs - Video tape of existing sewer line loop on northern property - If existing sewer can be left in place due to location and proposed additional fill - Any new deep sewer lines shall be C-900 pipe - Current sewer assessment is $3,930.00 per EDU - CLC to look at possibility of sewer to feed west property On October 31,2003 - LCWD: George O'Day and Katy Dwyer (O'Day Consultants) met with Steve Deering (Dudek and Associates) to review the updated Sewer Capacity Report. 10 LINSCOTT LAW & GREENSPAN ENGINEERS Philip M. Linscott, P.E. (1924-2000) Jack M. Greenspan, P.E. William A. Law, P.E. Paul W. Wilkinson, P.E. John P. Keating, P.E. David S. Shender, P.E. John A. Boarman, P.E. Clare M. Look-Jaegar, P.E. ENGINEERS & PLANNERS • TRAFFIC, TRANSPORTATION, PARKING 1565 Hotel Circle South, Suite 310, San Diego, California 92108 Telephone: 619.299.3090 • Fax: 619.299.7041 October 22, 2003 Mr. Michael Holzmiller City of Carlsbad Planning Director 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: La Costa Glen Comments [SDP 98-01 (A)/CUP 98-01 (A)/CDP 98-04(A)] Dear Mr. Holzmiller: This letter is provided to address comments #35 and #38 under the Engineering issues of concern in your comment letter dated September 24, 2003 to Gary Kutz for the La Costa Glen North End project [SDP 98-01 (A)/CUP 98-01(A)/CDP 98-04(A)]. Comment #35 cited concerns about the circulation pattern of long driveways with large amounts of perpendicular parking. While the traffic generation is close to what would be considered a high use driveway, it is below the threshold, thereby allowing perpendicular parking. Furthermore, the site is a retirement community, which has uniform traffic patterns throughout the day in comparison to a typical multifamily community, which would have higher traffic movements during the morning and evening commuter periods. Additionally, the roadway widths, parking configuration and the length of the circulation road were acceptable to Fire Marshal Greg Ryan as documented in the attached letter outlining the meeting held at the City of Carlsbad on May 28, 2003. Comment #38 cited concerns about exceeding City queuing standards at the gated project entrances. A queuing calculation is attached, which is based on the buildout volumes for the site. The main entrance (Levante Street) has approximately 610 feet of queuing storage where 80 feet is required as shown in Figure 1. The side entrance (from Calle Barcelona) has approximately 150 feet of queuing storage where 20 feet is required as shown in Figure 2. Both entrances exceed the minimum City queuing distance requirements. Please call me at (619) 299-3090 if you have any questions or need further clarifications. Sincerely, LINSCOTT, LAW & GREENSPAN stin Rasas, P. E. /Senior Transportation Engineer \,/ CC: Gary Kutz, La Costa Glen Paul Klukas, Planning Systems Philip M. Linscott, P.E. (1924-2000) Jack M. Greenspan, P.E. William A. Law, P.E. Paul W. Wilkinson, P.E. John P. Keating, P.E. David S. Shender, P.E. John A. Boarman, P.E. Ciare M. Look-Jaegar, P.E. o LINSCOTT LAW & GREENSPAN ENGINEERS ENGINEERS & PLANNERS • TRAFFIC, TRANSPORTATION, PARKING 1565 Hotel Circle South, Suite 310, San Diego, California 92108 Telephone: 619.299.3090 • Fax: 619.299.7041 June 6, 2003 Mr. Bob Wojcik, P.E. City of Carlsbad Public Works - Engineering 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: Preliminary Fire Access Review for the La Costa Glen Expansion Project Dear Mr. Wojcik: A meeting was held on May 28, 2003 with Fire Marshal Greg Ryan, George O'Day, Kathy Olson (O'Day Engineering) and myself to review the La Costa Glen expansion project for adequate fire circulation. Mr. Ryan indicated that the plan as shown is acceptable based on his preliminary review in terms of roadway widths, the length of the loop road, parking orientation, and the courtyard bounded by the buildings H, G, F and the commons building for fire access and circulation, with the exception of one cul-de-sac that would require the elimination of the planned center island planter. This planter will be removed from the final design. Mr. Ryan has retained a copy of the site plan. Please call me at (619) 299-3090 if you have any questions or need further clarifications. Sincerely, LINSCOTT, LAW & GREENSPAN Justin Rasas, P. E. Senior Transportation Engineer CC: Greg Ryan Jeremy Riddle George O'Day LINSCOTT LAW & -GREENSPAN QUEUING CALCULATIONS La Costa Glen October 22, 2003 1) The ADT for the buildout of the entire project (north end and south end) is calculated at 2,225 ADT from the June 12, 2003 traffic letter report for La Costa Glen. 2) The main entrance off of Levante Street will receive the majority or about 80% of the ADT. The remainder, or 20%, will be handled at the side entrance off of Calle Barcelona. 3) The City standards for queuing at a gated community require a queuing distance of 20 feet for each 1,000 ADT or fraction thereof and a minimum of 80 feet when gated with a guard house. 4) The main entrance with 80% of 2,225 ADT should see about 1,780 ADT, which would require 40 feet of queuing distance. However, since the main entrance has a guard house, the minimum storage requirement is 80 feet. The main entrance has approximately 610 feet of storage, which exceeds the minimum storage requirement. 5) The side entrance with 20% of 2,225 ADT should see about 445 ADT, which would require 20 feet of queuing distance. The side entrance has approximately 150 feet of storage, which exceeds the minimum storage requirement. 6) Both entrance queuing areas exceed the minimum City requirements for the project. '''.---''GUARD -' HOUSE LLG1290.DWG LINSCOTT LAW& GREENSPAN ENGINEERS Figure 1 MAIN ENTRANCE LA COSTA GLEN oiLJ-TURN AREA CALLE BARCELONA LLG1290.DWG LINSCOTT LAW& GREENSPAN ENGINEERS Figure 2 SIDE ENTRANCE LA COSTA GLEN Glen Van Peski From: Gregory Ryan [gryan@ci.carlsbad.ca.us] Sent: Tuesday, August 19, 2003 11:40 AM To: gvanpeski@adelphia.net Subject: Fwd: SDP 98-01A Have a safe day. Gregory L Ryan Deputy Fire Marshal Carlsbad Fire Department 1635 Faraday Av Carlsbad CA 92008 760.602.4663 >» Gregory Ryan 8.19.03 8:37:30 AM >» 081903 FIRE - shall make the following comments and requests to change or amend this submittal; 1. Fire requests that the street names be changed to dis-similar sounding names, phonetically similar names over a two- way radio transmission are confusing and garbled sounding. Fire shall request that these street names be changed. 2. Fire requests that the street currently identified as Rush Rose (Looped) be divided into two-separate streets at the knuckle with Goldenbush Ct, and as stated above be named with dis-similar sounding names. 3. Fire shall require that all residences within this development be individually addressed for PSAP (911) purposes. This requirement shall be in effect and verified prior to issuance of any Certificate of Occupancy. 4. Fire shall require that monument signs be placed at each intersection at each three hundred foot interval if no intersection is near. 5. Fire shall require that the island at the entrance from Levante to Rush Rose be deleted. This feature is not compatible with our response and access to this development. The island within this development behind the entrance shall be acceptable. 6. Fire shall require adequate visual signage on each building at a height and/or level Fire finds appropriate. Have a safe day. Gregory L Ryan Deputy Fire Marshal Carlsbad Fire Department 1635 Faraday Av Carlsbad CA 92008 760.602.4663 Recordad at the request of * ' Chicago Title RECORDING REQUESTED BY WHEN RECORDED RETURN TO: J. LARRY BALLARD, ESQ. 1 235 N. HARBOR BLVD., SUITE 200 FULLERTON, CA 92832-1324 # 2QQQ-Q36258 JUL 1O, 2OOO 3=23 OFFICIAL REORBS SAN DIEBO COJNIY RECORDER'S OFFICE. sim p^y j^e FEES: 59 00 2000-0362588 DECLARATION OF COVENANT^ AND GRANT OF EASEMENTS This Declaration is made as of December 14,1998 by CONTINUING LIFE COMMUNITIES LLC, a California limited liability company ("Declarant"). RECITALS . *as Map Nb. i 3 ?*? ~7 A. Declarant is the owner of real property located in San Diego County, California described as City of Carlsbad Tract No. 92-08 on the Map recorded^ Book ^^ pages _ fhrough inclusive (the "Map") of Maps in the office of the County Recorder in said County (the "Property"). As used herein, the term "Lot" shall mean a separate lot within the Property and reference to a particular numbered Lot shall refer to that particular Lot identified by that number on the Map. B. Attached hereto as Exhibit A is the Overall Master Site Plan for La Costa Glen, Carlsbad, California which is hereby incorporated herein by this reference (the "Master Plan") and which shows the contemplated development of the Property; provided, however, that the location, type, and extent of the improvements shown on the Master Plan are tentative only and nothing contained herein or on the Master Plan shall be construed as requiring that the Property be developed in the manner or for the purposes shown on the Master Plan. Further, the development or future redevelopment of the Property in a manner other than as shown on the Masier Plan or the use of any Lot for any other purpose shall not affect or in any way invalidate the easements and covenants set forth in this Declaration. C. Declarant intends to construct Levante Street substantially as shown on the Map, which street has been irrevocably offered for dedication and which street includes the bridge structure over the boundary line between Lots I and 2. Declarant also intends to construct various streets for general circulation throughout Lots 7.8 and 9 substantially as shown on the Master Plan which, together with Levante Street, are collectively referred to herein as the "Private Streets". In addition Declarant intends to construct various walkways (the "Walkways") throughout Lots 6, 7, 8 and 9 together with a trail system through Rush Rose Street, including related fencing, soft and hard landscape, an irrigation system, and other amenities (the "Private Trails") as shown on the Map and a trail system, which trail system has been irrevocably offered for dedication, along the westerly boundaries of Lots 1, 2 and 3 (the "Riparian Trails"), all substantially as shown on the E796Q;021600 3'd 0898I£68:Oi 3959-1701-091 WWOD 3JI1 32=10 t>003-S-E)nU 5912 Master Plan. The Private Streets, the Walkways, and the Private Trails are collectively referred to herein as the "Circulation System". ' D. Declarant intends to install certain utility lines within the utility easement shown on the Map, which utility easement has been irrevocably offered for dedication, for the purpose of providing electrical, gas, water, sewer, telephone, cable television, and other utility services to the Property (the "Utility Systems"). E. Declarant-intends to install landscaping and an irrigation system throughout the Property, but in particular on Lots 1,2, 3, and 11 (the "Open Space"). F. Declarant intends to install a private drainage system on the Property as shown on the Map (the "Private Drainage"). G. Declarant intends to construct on Lot 1 and on Lot 3 separate desiftation basins (the "Desittation Basins"). H. Declarant intends to install on Lot 7 certain mechanical equipment systems for the benefit "of the Owners of Lots 6 and 7 (the "Mechanical Equipment")- I. Declarant may install a private telephone system and computer lines throughout Lots 6, 7, 8 and 9 (the "Phone System"). J. Accordingly, Declarant desires to provide through this Declaration for the improvement, maintenance and repair of the Private Streets, the Circulation System, the Riparian Trails, the Utility Systems, the Open Space, the Private Drainage, and the Desittation Basins and for the establishment of easements for the use and enjoyment of those improvements. The term "Maintenance Manager" as used in this Declaration shall refer to the particular Owner who has the responsibility pursuant to this Declaration to maintain and repair any part of the Property or any improvements constructed on the Property. K. As soon as practicable after the recording of the Map, Declarant intends to process an application with the City of Carlsbad to adjust the lot lines of Lots 6 and 7 as originally shown on the Map so that all of the main entrance street to Lots 6 and 7 off of Calle Barcelona and all of the proposed residential uses westerly and easterly of that main entrance street, all as shown on the Master Plan, will be removed from Lot 6 and added to Lot 7. Other Lot fines within the Property may also be adjusted as a part of that application. This Declaration has been prepared in anticipation of such lot line adjustments even though the adjustments may be effective after the effectiveness of this Declaration. The name of Levante Street may be changed before or after the recordation of the Map to La Costa Glen Drive. L Declarant hereby declares that all of the Property shall be held, used and conveyed subject to the covenants, conditions, restrictions, and easements contained herein, all of which are for the purpose of enhancing and perfecting the value, desirability and use of the Property, in furtherance of an overall plan for the protection of the Property or any portion thereof. Each of the covenants, conditions, restrictions, and easements are hereby imposed as equitable servitudes upon the Property, shall run with the Property, and shall be binding on all parties having or £7960:021800 2 0898T£68:01 59S9-b0<L-09i WWOD 3JI1 5913 acquiring any right, title, or interest in the Property or in any portion thereof, and their respective successors and assigns C'0wner(s)"). NOW, THEREFORE, Declarant hereby establishes the covenants and easements hereinafter set forth: 1.00 Incorporation of Recitals. The foregoing Recitals shall be deemed to constitute an integral part of this Declaration and are hereby incorporated herein by reference. 2.00 Grant of Easement for Ingress and Egress. 2.01 Declarant hereby establishes in favor of each and every Owner of Lots 7, 8 and 9 a non-exclusive easement appurtenant to Lots 7, 8 and 9 for the ingress and egress of vehicular and pedestrian traffic from and to any connecting public street over and across the Circulation System wherever it exists and is located from time to time, subject, however, to Paragraph 2.02 below. Said easement shall be for the use and benefit of each such Owner, its tenants, contractors, employees, agents, customers, licensees, and invitees of their tenants (collectively "users"). Except as provided in Paragraphs 5 and 7 below, each Owner of each of Lots 7, 8 and 9 shall maintain, repair and replace the Circulation System on its respective Lot in first class condition and shall not remove or destroy the same except in connection with the construction, reconstruction or repair of improvements consistent with applicable governmental regulations and the rights of other Owners to the use of the Circulation System. 2 02 Declarant shall have the right, but not the obligation, to install and maintain a security gate, including a guard kiosk or other similar structure subject to the approval of the City of Carlsbad, at a location to be determined by Declarant near the two mam entrances to the Property at Levante Street and off of Calle Barcelona principally for the purpose of limiting access to Lots 7, 8 and 9 and possibly Lot 6 (the "Security Systems"). 2 03 Declarant hereby establishes in favor of the Owner and users of Lot 6 a non- exclusive easement appurtenant to Lot 6 for the ingress and egress of vehicular and pedestrian traffic from and to Calle Barcelona over and across that part of the Private Streets consisting of the main entrance to Lots 6 and 7 off of Calle Barcelona and north to that portion of the Secunty Systems nearest to Calls Barcelona wherever it exists and is located from time to time (the "Lot 6 Access Easement"). 2.04 Declarant hereby establishes in favor of each and every Owner and user of Lots 6 7 8 and 9 a non-exclusive easement appurtenant to Lots 6, 7, 8 and 9 for the ingress and egress of pedestrian traffic from and to Lots 6, 7, 8 and 9 over and across the Walkways wherever they exist and are located from time to time, subject however, to Paragraph 2.02 above. Each Owner of each of Lots 6, 7, 8 and 9 shall maintain, repair and replace the Walkways on its respective Lot in first class condition and shall not remove or destroy the same except in connection wfth the construction, reconstruction or repair of improvements consistent with applicable governmental regulations and the rights of other Owners to the use of the Walkways. 3.00 Grant of Utility Easement. Declarant hereby establishes in favor of each and every Owner of Lots 6. 7, 8 and 9 a non-exclusive easement appurtenant to Lots 6. 7, 8 and 9 for 3E796Q:021800 0898T£68:Q1 S959-t70i-092. WWOD 3JI1 9NinNIiNQ:WOyj £S:<L0 fc>003-S-9riH 5914 the installation, operation, maintenance, repair and replacement of the Utility Systems over, across, upon, in, under, and through the Private Streets. All such utility facilities shall be installed and maintained below the surface of the Private Streets except for those parts of the utility facilities required by the service provider to be above ground; provided, however, that the installation, operation, maintenance, repair and replacement of the utility facilities shall not unreasonably interfere with the use of the Private Streets. Each Owner shall have the right to connect into the utility facilities existing from time to time, provided that their respective usage of the particular utility shall be separately metered and paid for by them. Each Owner shall bear its share of all costs related to the installation, operation, maintenance, repair and replacement of the utility facilities prorated on the basis of its respective usage of the particular utility or, where usage has not or can not be determined by metered usage, prorated equally to each Lot. 4.00 Grant of Private Drainage Easement. Declarant hereby establishes in favor of each and every Owner of a Lot a non-exclusive easement appurtenant to each Lot for the installation, operation, maintenance, repair and replacement of the Private Drainage. Each Owner of each Lot shall maintain, repair and replace the Private Drainage on its respective Lot in a first class condition and shall not remove or destroy the same except in connection with the construction, reconstruction, or repair of.improvements consistent with applicable governmental regulations and the rights of other Owners to the use of the Private Drainage. 4.01 Grant of Mechanical Equipment Easement. Declarant hereby establishes in favor of each and every Owner of Lots 6 and 7 a non-exclusive easement appurtenant to Lots 6 and 7 for the installation, operation, maintenance, repair and replacement of the Mechanical Equipment over, across, upon, in, under and through Lots 6 and 7, Each Owner of Lots 6 and 7 shall have the right to connect into the Mechanical Equipment existing from time to time, provided that their respective usage shall be separately metered and paid for fay them. Each Owner of Lots 6 and 7 shall bear its share of all costs related to the installation, operation, maintenance, repair and replacement of the Mechanical Equipment specific to its use, or if not specific to its use, prorated on the basis of its respective usage or, where usage has not or can not be determined by metered usage, prorated equally between the Owners of Lots 6 and 7. 4.02 Grant of Phone System Easement Declarant hereby establishes in favor of each and every Owner of Lots 6, 7, 8 and 9 a non-exclusive easement appurtenant to Lots 6, 7, 8 and 9 for the installation, operation, maintenance, repair and replacement of the Phone System over, across, upon, in, under, and through Lots 6, 7, 8 and 9. Each Owner of Lots 6, 7, 8 and 9 shall have the right to connect into the Phone System existing from time to time. All costs related to the installation, operation, maintenance, repair and replacement of the Phone System shall be paid one-quarter by the Owner of Lot 6, one-quarter by the Owner of Lot 7, and one-half by the Owners of Lots 6, 7, 8 and 9 prorated on the basis of the number of telephones on each Lot connected to the Phone System. 5.00 Maintenance r»f Private Streets and Security Systems. 5.01 Tha Owner of Lot 7 shall be the Maintenance Manager to maintain the Private Streets and the Security Systems in good condition and repair. The maintenance and repair obligations hereunder shall include, without limitation, all of those tasks for which the Maintenance Manager shall be entitled to reimbursement pursuant to the provisions of Paragraph 4E796Q:021800 S'd 0898I£6S:01 S939-b0<L-092. WWCO 5915 5.02 below. The Owner of Lot 6 and not the Owner of Lot? shall maintain, at his own expense without reimbursement from any other Lot Owner, those parking areas and related streets and accessways located on Lot 6. 5.02 The Maintenance Manager shall be entitled to reimbursement from the Owners of Lots 6, 7, 8 and 9 (the "Private Street Owners") in the manner described in Paragraph 5.04 for all of the costs and expenses incurred in the maintenance, repair and replacement of the Private Streets and the Security Systems ("Reimbursed Expenses") including, without limitation, the following: (i) All general maintenance and repairs of the Private Streets, including, without limitation, restriping, resurfacing, cleaning, and sweeping and an annual inspection of the bridge which is part of Levante Street (50 The maintenance, repair, and replacement, as required, of directional signs (if any) in the Private Streets. (Hi) The maintenance, repair, and replacement, as required of the Security Systems. (iv) The uninsured or underinsured portion of the cost of any restoration, repair, or rebuilding work required to be undertaken by the Maintenance Manager in the event of any damage or destruction to the Security Systems or the Private Streets as provided below. (v) An allowance for administration and supervision (the "Administration Fee") in an amount equal to fifteen percent (15%) of the total of all other Reimbursed Expenses. (vi) Any single item or task of maintenance, repair, or replacement which is in excess of Ten Thousand Dollars ($10,000.00)in 1999 Dollars shall require the prior approval of a majority of the Private Street Owners, except that, irrespective of the above-described dollar limitation, the Maintenance Manager may include as a Reimbursed Expense the costs associated w'rth resealing and restriping the Private Streets once every three (3) years, so long as said work is put out to open bid to at least three reputable licensed and bonded contractors. 5.03 As used in this Declaration, the term "1999 Dollars" shall mean the cost of an item or service discounted and adjusted in the manner hereinafter described to reflect the cost of said item or service based on the purchasing power of a U.S. dollar as of the date that this Declaration is recorded. For purposes of this Declaration, such adjustments shall be computed on the assumption that changes in the Consumer Price Index for All Urban Wage Earners for the Los Angeles-Anaheim-Riverside Area (Base Year 1982-84) as published by the U.S. Department of Labor, Bureau of Labor Statistics (the "Index") accurately reflect changes in the purchasing power of United States currency in the locale in San Diego County, California. The cost of a particular item or service in 1999 Dollars shall, therefore, be computed by multiplying the then cost of said item or service by a fraction, the numerator of which is the Index figure published for the month during which this Declaration is recorded, and the denominator of which is the Index figure published most nearly prior to the date on which the adjustment computation is being performed. If the Index is changed so that the base year for the Index differs from that used as of the date of E795Q:02ieOD 5 08981058:01 3939-b01-091 WWOD 3dll 9NinNIiNO:WCMd 5916 recordation of this Declaration, the Index shall be converted in accordance with conversion factors published by the U.S. Department of Labor, Bureau of Labor Statistics, ff the index is discontinued or revised, such other government index or computation with- which it is replaced shall be reasonably chosen by the Maintenance Manager and used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. 5.04 The Reimbursed Expenses shall be shared by all of the Private Street Owners according to their share of Reimbursed Expenses as provided in Paragraph 5.08 below, except as provided in Paragraph 5.07 below. Each Private Street Owner shall pay his Proportionate Share of the Reimbursed Expenses within thirty (30) days after receipt of a statement of Reimbursed Expenses from the Maintenance Manager delivered in accordance with Paragraph 11.00. The Maintenance Manager shall deliver a statement for Reimbursed Expenses to each Private Street Owner quarterly, or if the Maintenance Manager so chooses, less frequently. If any Private Street Owner fails to pay the Reimbursed Expenses to the Maintenance Manager hereunder within such thirty (30) day period, the unpaid amount shall bear interest from the due date until paid at the rate of ten percent (10%) per annum and the Maintenance Manager shall have the right to enforce payment of the Reimbursed Expenses as provided in Paragraph 6.00 below. The Maintenance Manager shall maintain usual and customary books and records relating to the Reimbursed Expenses for a period of at least two (2) years after any such Reimbursed Expenses are billed to the Private Street Owners. The Private Street Owners may inspect and copy all such records, at their sole cost and expense, upon reasonable notice to the Maintenance Manager. 5.05 If the Maintenance Manager fails to adequately and properly maintain the Security Systems or the Private Streets, and such failure has not been corrected within thirty (30) days after receipt of written notice thereof from another Private Street Owner specifying the nature of such failure, any Private Street Owner shall have the right to enforce such obligations through all available methods, including arbitration or the judicial process. 5.06 In the event of any damage or destruction to the Security Systems or the Private Streets, whether insured or uninsured, the Maintenance Manager shall restore, repair or rebuild the Security Systems or the Private Streets with all due diligence to, as nearly as possible, at least as good condition as it was in immediately prior to such damage or destruction. AH such construction shall be accomplished in accordance with the requirements of this Declaration. The uninsured or underinsured portion of the cost of such restoration, repair, and rebuilding shall be treated as a Reimbursed Expense in the manner described herein, with each Private Street Owner being responsible for its Proportionate Share of all unreimbursed restoration costs. 5.07 Notwithstanding any other provisions in this Declaration, the Maintenance Manager may separately charge a Private Street Owner for any damage to the Security Systems or the Private Streets caused by such Private Street Owner or such Private Street Owner's employees or invitees. 5.08 Each Private Street Owner's share of Reimbursed Expenses except for the Owner of Lot 6 shall be determined without regard to the actual location of the maintenance, repair or other work. Eighty percent (80%) of Reimbursed Expenses incurred in connection with the Lot 6 Access Easement only shall be allocated to the Owner of Lot 6 and the balance of Reimbursed E796Q:021800 6 0898I£6S:Q1 5917 Expenses incurred in connection with the Lot 6 Access Easement, together with all other Reimbursed Expenses incurred in connection with the Security Systems or the Private Streets, shall be allocated to the Owners of Lots 7, 8 and 9 based upon the gross square footage of floor space of the buildings constructed on those respective Lots 7, 8 and 9 from time to time. 6.00 Lien for Delinquent Payments. 6.01 A delinquent payment owed to a Maintenance Manager pursuant to this Declaration, plus any late charges, reasonable costs of collection, including attorney's fees and trustee's fees, and interest assessed in accordance with this Declaration, shall be (i) a debt of the Owner of the Lot at the time said sums are levied, and 00 a lien on the Owner's Lot from and after the time the Maintenance Manager causes to be recorded a notice of lien ("Notice of Lien") in the Recorder's Office of San Diego County, California. The Notice of Lien must be signed by the Maintenance Manager, and shall state the amount of the delinquent payments and other sums imposed pursuant to this Declaration, a description of the Owner's Lot, the Owner's name, and, if applicable, the name and address of the trustee authorized by the Maintenance Manager to enforce the lien by nonjudicial foreclosure. 6.02 A sale to foreclose on a Lot to enforce a lien for delinquent payments may be conducted in accordance with the provisions of Sections 2924, 2924a, 2924b, 2924c and 2924f of the Civil Code of the State of California, or in accordance with any similar statute hereafter enacted applicable to the exercise of power of sale in mortgages and deeds of trust, or in any other manner permitted by law. The Maintenance Manager, through duly authorized agents, shall have the power to bid on a Lot at a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Upon completion of a foreclosure sale, an action may be brought by the purchaser at the sale in order to secure occupancy of the delinquent Owner's Lot, and any delinquent Owner shall be required to pay the reasonable rental value of such Lot during any period of continued occupancy by the delinquent Owner or any persons claiming under the delinquent Owner. 6.03 Upon the timely curing of any default for which a Notice of Lien was filed by the Maintenance Manager, the Maintenance Manager shall record an appropriate Release of Lien in the San Diego County California Recorder's Office, upon payment by the delinquent Owner of a reasonable fee to be determined by the Maintenance Manager to cover the cost of preparing and recording such release. A certificate executed and acknowledged by the Maintenance Manager stating the indebtedness secured by the liens upon any Lot created hereunder shall be conclusive upon the Maintenance Manager and the Owners as to the amount of such indebtedness as of the date of the certificate, in favor of all persons who rely thereon in good faith. Such certificate shall be furnished to any Owner upon request at a reasonable fee, to be determined by the Maintenance Manager. 6 04 The liens and the rights to foreclosure and sale thereunder shall be in addition to and not in substitution for all other rights and remedies which the Maintenance Manager and its assigns may have hereunder and by law, including a suit to recover a money judgment for unpaid assessments. 7.00 Maintenance of Open Space, Desiltetion Basins and Riparian Trails. 7.01 The Owner of Lot 7 shall be the Maintenance Managerto maintain the Open Space of Lots 1, 2, 10 and 11, including the wildlife water sources on Lot 10, pursuant to any E796Q:021800 8'd 0898T£68:01 39S9-t70A-09i WWOD 3dII 5915 requirements imposed by the City of Carlsbad. The Maintenance Manager shall be entitled to reimbursement for all of the costs and expenses incurred in the maintenance, repair and replacement of such Open Space plus an administrative fee equal to fifteen percent (15%) of the total of such costs and expenses (collectively, "Reimbursed Expenses"), Reimbursed Expenses incurred in connection wfth the Open Space of Lot 10 shall be allocated equally to and shall be reimbursed by the Owners of Lots 4, 5, 6, 7, 8 and 9, Reimbursed Expenses incurred in connection with the Open Space of Lots 1, 2 and 11 shall be allocated equally to and shall be reimbursed by the Owners of Lots 5, 6, 7, 8 and 9. 7.02 The Owner of Lot 7 shall be the Maintenance Manager to maintain the Riparian Trails on Lots I and 2, pursuant to any requirements imposed by the City of Carlsbad. The Maintenance Manager shall be entitled to reimbursement for all of the costs and expenses incurred in the maintenance, repair and replacement of such Riparian Trails plus an administrative fee equal to fifteen percent (15%) of the total of such costs and expenses (collectively, "Reimbursed Expenses"). Reimbursed Expenses shall be allocated equally to and shall be reimbursed by the Owners, of Lots 5, 6, 7, 8 and 9. 7.03 The Owner of Lot 4 shall be the Maintenance Manager to maintain the Open Space of Lot 3 and the Riparian Trails on Lot 3, pursuant to any requirements imposed by the City of Carlsbad. The Maintenance Manager shall not be entitled to reimbursement for any of the costs and expenses incurred in the maintenance, repair and replacement of such Open Space and Riparian Trails. 7.04 The Owner of Lot 7 shall be the Maintenance Manager to maintain the Desiltation Basin on Lot 1. The Maintenance Manager shall be entitled to reimbursement from'the Owners of Lots 6, 7, 8 and 9 for all of the costs and expenses incurred in its performance of maintaining the Desiltation Basin on Lot 1, plus an administrative fee equal to fifteen percent (15%) of the total of such costs and expenses (collectively, "Reimbursed Expenses"). Reimbursed Expenses shall be allocated to and shall be reimbursed by the Owners of Lots 6, 7, 8 and 9 based upon the ratio of the area of each of their respective Lots. 7.05 The Owner of Lot 4 shall be the Maintenance Manager to maintain the Desiltation Basin on Lot 3. The Maintenance Manager shall be entitled to reimbursement from the Owners of Lots 4 and 5 for all of the costs and expenses incurred in its performance of maintaining the Desiltation Basin on Lot 3. plus an administrative fee equal to fifteen percent (15%) of the total of such costs and expenses (collectively, "Reimbursed Expenses"). Reimbursed Expenses shall be allocated to and shall be reimbursed ninety four and two tenths (94.2%) by the Owner of Lot 4 and five and eight tenths percent (5.8%) by the Owner of Lot 5. 7.06 Declarant hereby establishes in favor of each and every Owner of a Lot a non-exclusive easement appurtenant to each Lot for access to and for the maintenance, repair and replacement of the Open Space and the Riparian Trails and for access to and for the installation, operation, maintenance, repair and replacement of the Desiltation Basins. 7.07 If the City of Carlsbad accepts the dedication and the obligation for maintenance of any of the improvements to the Property which have been irrevocably offered for dedication on the Map, the obligation of the respective Maintenance Manager to maintain that E796Q:021SOO 8 6'd 0898T£68:01 3959-t70«L-092. WWOD 3JI1 BNIflNIiNCUWOyd 9S:<L0 t>005-S-9nb - ' 5919 improvement and the obligation of the various Owners to pay a share of Reimbursed Expenses respecting that improvement shall cease as of the date of such acceptance of dedication, exclusive of open space easements dedicated to the City. 7.08 If any Maintenance Manager or any Owner fails to adequately and properly maintain, repair, or replace any portion of the Property or any improvements on the Property which it is required to maintain, repair, or replace pursuant to this Declaration, and such failure has not been corrected within thirty (30) days after receipt of written notice thereof from the Owner of Lot 7 specifying the nature erf such failure, the Owner of Lot 7 shall have the nght to enforce such obligations through the judicial process or, if the Owner of Lot 7 considers the need for maintenance, repair, or replacement to be urgent, but not necessanly an emergency, in the reasonable sole discretion of the Owner of Lot 7, the Owner of Lot 7 can perform the obligations on behalf of the defaulting Owner and shall have the right to be reimbursed for the costs and expenses incurred plus an administrative fee equal to fifteen percent (15%) of the total of such costs and expenses from the defaulting Owner, which reimbursement may be enforced pursuant to Paragraph 6.00. Declarant hereby establishes in favor of the Owner of Lot 7 a non-exclus.ve easement appurtenant to Lot 7 over all the Property to inspect and monitor the performance of each Maintenance Manager. ' 7 09 Each Maintenance Manager shall maintain -the improvements or areas for which it is responsible in a manner and frequency reasonably intended to provide full functional use of each respective improvement or area, including, but not limited to, Private Streets, Secunty Systems, Open Space, Desiltation Basins, and Riparian Trails. 710 The Owner of Lot 7 has posted certain bonds with the City of Carlsbad and with the U.S. Army Corp of Engineers in connection with agreements to maintain for one year and Jorfive years, respectively, from the date of acceptance of the work the open space and natural habitat conditions of the Open Space and to annually supply a report by an '^pendent monrtor reacting such maintenance. If, during the period prior to the release of such bonds, the Owner of Lot 7 is required to perform any maintenance of the Open Space or ,s required to replace any p(ante in the Open Space or is required to extend the bonds because of tt» failure.of the responsible Maintenance Manager to maintain such Open Space, the Owner of Lot 7 shall have the right to be reimbursed for the costs and expenses incurred plus an administrative fee equal to fifteen percent (15%) of the total of such costs and expenses from the responsible Ma.ntenance Manager, which reimbursement may be enforced pursuant to Paragraph 6.00. 8.00 Pollutant Control. 8 01 Initially. Dedaraht. and thereafter each Owner shall comply withL toe requirements of the City of Carlsbad regarding the National Pollutant °L«^fa^™^^Sand shall provide best management practices as referenced ,n the California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level pnor * discharge to sensitive areas. 8.02 Initially Declarant, and thereafter each Owner, shall develop plans to accomplish the following: E796Q:021800 01'd 0898T£68:Qi S929-170^-091 WWOD 3JI1 SNinNIlNCUWOaj 9S=,L0 b003-S-9nb - " 5920 (i) An ongoing program to remove dirt, litter, oil and other debris from the parking and common area shall be established and enforced. (ii) Owners of commercially zoned Lots shall make use of and coordinate with the established program of the City of Carlsbad regarding the removal and proper disposal of toxic and hazardous waste products. (Hi) Owners of residentiary zoned Lots shall make use of and coordinate with the established program of the City of Carlsbad to assist residents with the removal and proper disposal of toxic and hazardous waste products. (iv) Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paint, paint thinners. wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed on their respective containers. (v) Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 9.00 Failure to Enforce Not a Waiver of Rights. The failure to (i) insist upon the performance of any provision of this Declaration, or (ii) enforce any covenant herein contained, shall not be deemed a waiver of the right to do so thereafter, nor shall it be deemed a waiver of the right to insist upon the strict performance of any other provision of this Declaration. 10.00 Insurance. 10.01 The Owner of Lot 7 shall be the Maintenance Manager to provide to the Owners of Lots 4, 5, 6, 7, 8 and 9 a certificate of insurance naming each Owner as an additional insured with respect to the maintenance and repair obligations described hereunder and evidencing commercial general liability insurance at least as broad as ISO form CG 00 01 10 including coverage for contractual liability applicable to bodily injury and property damage, with a limit of not less than Five Million Dollars ($5,000,000.00) per occurrence in 1999 Dollars with no deductible, retention or self insurance unless approved by a majority of the Owners. Should the referenced type of insurance form be out of date in the future, the specified coverage shall be at least as broad as the standard form generally in use at any given time. The Maintenance Manager shall be entitled to reimbursement for the cost of such insurance plus an administrative fee equal to fifteen percent (15%) of such costs (collectively, "Reimbursed Expenses"). Reimbursed Expenses shall be allocated equally to and shall be reimbursed by the Owners of Lots 4, 5, 6, 7, 8 and 9. Such insurance shall be primary and not excess to or contributing with any insurance or self-insurance maintained by any Owner. Such insurance shall be endorsed to require at least sixty (60) days prior written notice to the Owners of any material change, cancellation or non-renewal. Each Owner hereby waives his entire right of recovery against the other Owners with respect to any loss or damage covered by insurance, but excluding any deductible amounts or losses not paid by its insurance carrier. 10E796Q.-021800 TT'd 0898TC68:Oi 3929-t>01-091 WWOD 3JI"1 5921 10.02 The Owner of Lot 4 shall be the Maintenance Manager to provide to the Owners of Lots 4 and 5 a certificate of insurance naming each Owner as an additional insured with respect to the maintenance and repair obligations described hereunder and evidencing commercial general liability insurance at least as broad as ISO form CG 00 01 10 including coverage for contractual liability applicable to bodily injury and property damage, with a limit of not less than Five Million Dollars ($5,000,000.00) per occurrence in 1999 Dollars with no deductible, retention or self insurance unless approved by a majority of the Owners. Should the referenced type of insurance form be out of date in the future, the specified coverage shall be at least as broad as the standard form generally in use at any given time. The cost of such insurance shall be a Reimbursed Expense, as defined and allocated in Paragraph 7.05. Such insurance shall be primary and not excess to or contributing with any insurance or self-insurance maintained by any Owner. Such insurance shall be endorsed to require at least sixty (60) days prior written notice to the Owners of any material change, cancellation or non-renewal. Each Owner hereby waives his entire right of recovery against the other Owners with respect to any loss or damage covered by insurance, but excluding any deductible amounts or losses not paid by its insurance carrier. 11.00 Notices. Except as otherwise specifically set forth herein, all notices, approvals, consents, or requests given or made pursuant to this Declaration shall be in writing and shall be personally delivered by courier or sent by certified or registered mail, return receipt requested, with postage prepaid, addressed to the address shown on the records of the San Diego County, California Tax Collector. Any person entitled to receive notice may change Rs address for notice by delivering a notice of such change as prescribed in this section 12.00 Amendment. 12.01 This Declaration may be amended only by written consent of all Owners of those Lots affected by the particular amendment. 12.02 The 'City of Carlsbad must approve any amendment to this Declaration (i) altering the obligation to maintain the Open Space, the Riparian Trails, or the Desiltation Basins, or (ii) limiting any Private Street Owner's rights of ingress or egress on or over the Private Streets to and from a public street, or (iii) terminating this Declaration. 13.00 Term. This Declaration shall be effective until an amendment terminating this Declaration is recorded. 14.00 Miscellaneous Provisions. 14.01 The invalidation of any provision contained herein by judgment of court or otherwise shall not affect any of the other provisions, which shall remain in full force. 14.02 No amendment or violation of the covenants, conditions, or restrictions contained herein shall operate to defeat or render invalid the rights of the beneficiary under any recorded deed of trust or the mortgagee under any recorded mortgage of any portion of the Property made in good faith and for value, provided that after the foreclosure of any such mortgage or deed of trust such portion of the Property shall remain subject to the covenants, conditions, and restrictions contained herein. Any beneficiary under any deed of trust or the mortgagee under any £7960:021800 '' 0898IE68 :.Q1 39S9-t70i-09i WWOD 5922 mortgage recorded against any portion of the Property, made in good faith and for value, who obtains title to any portion of the Property pursuant to the remedies provided in said deed of trust or mortgage, by judicial foreclosure, or by deed or assignment in lieu of foreclosure, shall take title to the Property free and clear of any prior lien created pursuant to Section 6.01 hereof. 14.03 This Declaration and the obligations of the persons or entities whose property is benefrtted or burdened hereby shall be interpreted, construed, and enforced in accordance with the laws of the State of California. 14.04 If any action or proceeding, including without limitation, any arbitration proceeding, and any judicial or non-judicial proceeding pursuant to Paragraph 6.00, is instituted to enforce or interpret any of the provisions of this Declaration, the prevailing party in such action shall be entitled to recover from the other party thereto its reasonable attorneys' fees and costs incurred in connection therewith. 14.05 Nothing contained in this Declaration shall be deemed to be a gift or dedication of any portion of the Property to the public or for any public use. 15.00 Counterparts. This Declaration may be executed and approved in multiple counterparts, each of which shall be an original, but all of which together shall constitute one instrument. The parties to this Declaration and those who are approving this Declaration may sign on drfferent signature pages which may be assembled as one document for recording purposes. •j 6.00 Sioht Distance Corridors. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. Each Owner shall maintain this condition with respect to that Owner's Lot. 17 00 Riparian Trail Parking. "Die Owner of Lot 4 shall provide, and shall maintain, repair and replace at his own cost and expense, parking spaces for the users of the Riparian Trails pursuant to any requirements imposed from time to time by the City of Carlsbad or by the U.S. Corps of Engineers. 18 00 Allocation of Building Area. Allowable gross floor area of retail commercial uses approved for Lot 4 and Lot 5 as shown on the Map, pursuant to the Green Valley Reduced Project Alternative (the "Green Valley Master Plan"), adopted 2/6/96 (Ordinance No. NS0348) and 9/17/96 (Ordinance No. NS-377) by the City of Carlsbad, California (Planning Area 2) is a total of three hundred thousand (300,000) gross square feet which is hereby allocated two hundred ten thousand (210,000) gross square feet to Lot 4 and ninety thousand (90,000) gross square feet to Lot 5 TTiis allocation of allowable gross floor area may be changed from time to time by a written agreement signed by the owners on the date of such agreement of Lots 4 and 5, which agreement, when recorded in the Recorder's Office of San Diego County, California, shall serve as an amendment to the CC&R's. ' 19oo Site Improvements and Buying Plans for Lot 4. Total office and medical office use on the Property shall not exceed forty thousand (40,000) gross square feet of floor area. 1267960:021800 089SI£68:01 2939-t>0A-09A WWCO . • 5323 No "single tenant" building and/or "single tenant" space on the Property (whether partially or fully on the Property) shall exceed a forty thousand (40,000) gross square foot building footprint, except the following: (a) a specialty home center/hardware store (similar to ORCHARD SUPPLY HARDWARE or other specialty home center/hardware stores of similar or better quality) of not more than a fifty thousand (50,000) gross square foot building footprint and not more than an additional ten thousand (10,000) gross square feet for an uncovered "nursery" type patio area; (b) a "single tenant" movie theater/cinema complex shall not exceed an sixty-five thousand (65,000) gross square foot building footprint; (c) the fallowing department stores (or other similar, high fashion, regional mall anchor type department stores of similar or better quality), each shall not exceed a fifty thousand (50,000) square foot gross building footprint (i) Bloomingdale's; (ii) Lord & Taylor's; (iii) Neiman Marcus; (iv) Nordstrom's; or (v) Saks Fifth Avenue. (d) a neighborhood supermarket such as Ralph's, Gelsons, Whole Foods or other supermarket of similar or better quality shall not exceed a -fifty thousand (50,000) square foot gross building footprint. The size criteria of the buildings to be constructed on Lot 4 may be changed from time to time by a written agreement signed by the owners on the date of such agreement of Lots 4 and 7, which agreement when recorded in the Recorder's Office of San Diego County, California, shall serve as an amendment to the CC&R's. Except as to construction of improvements by Declarant which may be allowed by this Agreement, no grading or construction shall be commenced on Lot 4; no building, fence, wall, or other structure shall be commenced, erected, or maintained on Lot 4; and no landscaping shall be removed or installed on Lot 4, until the plans and specifications snowing the nature, kind, shape, materials, and location of the same have been submitted to and approved in writing as to conformance with the foregoing and as to harmony of external design and location in relation to surrounding structures and topography by the Owners of Lots 6 and 7. If the Owners of Lots 6 and 7 or its designated representative fails to approve or disapprove such design and location within ten (10) business days after the plans and specifications have been submitted to it, approval will not be required, and this provision will be deemed to have been complied with in full. Neither the Owner of Lot 4 nor the Owner of Lot 5 shall make any application to the City of Carlsbad, California for (i) an amendment to the Green Valley Master Plan, (ii) for any change in zone classification of uses permitted on Lots 4 and/or 5. or (iii) any variance or conditional use permit affecting Lots 4 and/or 5 without the prior written consent of the Owner of Lot 7, which consent may be given or not given by the Owner of Lot 7 in its sole and absolute discretion. 20 00 Screening Unattractive Views. All rooftop wiring, insulation, air conditioning, . or other mechanical or electrical machinery, equipment or fixtures and their related components erected or maintained on Lot 4 shall be designed as an integral part of the building design and shall be screened from view of the occupants of Lots 5, 6, 7, 8 and 9. Other unattractive views and features such as storage areas, trash enclosures, and transformers which do not contribute to the enhancement of the surroundings which are erected or maintained on Lot 4 shall be screened from public view and from view of the occupants of Lots 5, 6, 7, 8 and 9. 13E796Q:021800 0898T£68:01 3929-1702.-091 WWCD 3d II 9NinNIlNO:WOyj 6S-L® b003-S-9Hb • ' 5924 21.00 Lot 4 Main Entrance: Traffic Signal. Any future site development plan for improvements to be constructed on Lot 4 shall provide for the main entrance to that development to be from Calle Barcelona in alignment with the main entrance to Lots 6 and 7 from Calle Barcelona, and shall include a provision for installation of a traffic signal at that intersection, including right turn and left turn arrows, in accordance with City of Carlsbad direction requirements, and standard design criteria for a signalized intersection. The traffic signal shall be installed at the sole cost and expense of the Owner at the time of Lot 4. 22.00 Sianaoe. Declarant hereby establishes in favor of and grants to each and every Owner of the lots indicated below, a non-exclusive easement over the applicable lot indicated below for the benefit of the applicable Jot indicated below for the installation, maintenance, repair and replacement of project identification, project entry, or monument signs: Easement for the benefit of Lot 7 on Lot 1 1 for project identification sign. Easement for the benefit of Lot 7 on Lots I and 2 for project entry or monument sign at intersection of Levante Street and El Camino Real. Easement for the benefit of Lot 6 on Lot 7 for project entry or monument sign at intersection of Calle Barcelona and the main entrance to Lots 6 and 7 off of Cafle Barcelona. Easement for the benefit of Lot 6 on Lot 2 for project entry or monument sign at intersection of Calle Barcelona and El Camino Real. Easement for the benefit of Lot 6 on Lot 5 for project entry or monument sign at intersection of Calle Barcelona and the south property lines of Lot 5. The Owners of Lots 6 and/or 7 may transfer to the Owners of Lots 5, 6 and/or 7 all or part of their respective signage rights established by the easements described next above from time to time by a written agreement signed by the respective Owners on the date of such agreement of Lots 6 and/or 7 which agreement, when recorded in the Recorder's Office of San Diego County, California, shall serve as an amendment to this section of this Declaration. Each sign shall be located, shall be constructed of such material, shall be of such color and design, and shall bear such message(s) as the easement Owners shall agree upon from time to time, but all as per the Green Valley Master Plan sign program and visual identification program and in conformance with the City of Carlsbad municipal sign code (Chapter 18.20), the City of Carlsbad zoning ordinance (Chapter 21 .41 ). the El Camino Real Corridor Development Standards where appropriate, and the Local Coastal Program unless specifically provided for in the Green Valfey Master Plan, or unless separately approved by the City of Carlsbad, and shall be subject to the approval of the Planning Director of the City of Carlsbad prior to the issuance of a sign permit or sign construction permit The costs of installation and maintenance of signs installed pursuant to these easements shall be shared by the users in the same ratio as they share the sign faces. 23.00 General Enforcement bv the City.. Notwithstanding anything in this Declaration to the contrary, the City of Carlsbad (the "City") shall have the right, but not the E796Q:021SOO '^ 0898I£68:01 2939-t>02.-09Z WWOD 5925 obligation, to enforce any of the covenants, conditions and/or restrictions imposed by this Declaration in favor of the City, or with respect to the maintenance of the Open Space, Riparian Trails, Desiltation Basins and Easements on Lots 1, 2, 3, 5.7, 9,10 and 11 (the "Real Property"). 23.01 Failure of Maintenance Manager to Maintain the Real Property. Notwithstanding anything in this Declaration to the contrary, in the event that a Maintenance Manager fails to maintain his portion of the Real Property, the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the responsible Maintenance Manager ("responsible Maintenance Manager") setting forth with particularity the maintenance which the City finds to be required and requesting that same be carried out by the responsible Maintenance Manager within a period of thirty (30) days from the giving of such notice. In the event that the responsible Maintenance Manager fails to carry out such maintenance of the Real Property within the period specified by the City's notice, the City shall be entitled to reimbursement with respect thereto from the responsible Maintenance Manager as provided herein. 23.02 Special Asse.?«?iTP-"te Levied bv the Citv. Notwithstanding anything in this Declaration to the contrary, in the event the City has performed necessary maintenance to the Real Property pursuant to Section 23.01 above, the City shall submit a written invoice to the responsible Maintenance Manager for all costs incurred by the City to perform such maintenance, together with a statement that, if the responsible Maintenance Manager fails to pay such invoice in full within the time specified, the City will pursue collection against the responsible Maintenance Manager, pursuant 1o the provisions of this Section 23.02. Said invoice shall be due and payable by the responsible Maintenance Manager within twenty (20) days of receipt by the responsible Maintenance Manager. If the responsible Maintenance Manager shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City msy pursue collection from the responsible Maintenance Manager by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the responsible Maintenance Manager and his real property included within the City of Carlsbad, Tract No 92-08, for the invoice, plus the late charge. Such special assessment shall constitute a charge on the responsible Maintenance Manager's real property and shall be a continuing lien upon said property against which the special assessment is levied. Each Maintenance Manager hereby vests the City with the right and power, to levy a special assessment, to impose a lien upon a Maintenance Manager's respective interest and to bnng all legal actions and/orto pursue lien foreclosure procedures against either Maintenance Manager and E796Q:021800 15 0898T£68:01 39S9-t70,L-09<L WWOD 3JIH 00:80 5926 a Maintenance Manager's respective interest for purposes of collecting a special assessment in accordance with the applicable procedures for same set forth in this Declaration. IN WITNESS WHEREOF, Declarant has executed this Declaration this 26th day of ^r9-2QOQ in the Crty of Carlsbad, County of San Diego, State of California. CONTINUING LIFE COMMUNITIES LLC, a California limited liability company By:. RICHARD D. ASCHENBRENNER Its: Managing Member STATE OF CALIFORNIA ) SAtf DEEGO ) ss-COUNTY OFORANGC } 2000 On June 26 , ]&** . before me, 'RngPfnary T! Mg«ra»y^ Tfrvt-pjy appeared RICHARD D. ASCHENBRENNER, personally known to me (or proved t< -efsatbfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my handed official se^ ^. j^x \ ^~^-* 7T * // liS^liQ NotaryPubOc-Coflfamta |Signature / (-'&Ifi>fr~<Zt~ C //^oce^ \^^VJ SonDtegoCounty T3 r ej-i—Sa9* ^/ I Vwl>«jK/ .. _ _ *.. _, . <_•<.* «*-n{,B The undersigned, as Beneficiary in and under that certain Deed of Trust dated June 25. 1998 and recorded on June 29,1998 as Instrument No. 1998-0398422 in Official Records of San Diego County. California (the "Deed of Trust"), which Deed of Trust is between Declarant, as trustor EQUITABLE DEED COMPANY, a California corporation, as trustee, and the undersigned as beneficiary, hereby expressly subordinates the Deed of Trust and the beneficial interest thereunder to the foregoing Declaration except as next provided. The lien of the Deed of Trust and the obligations secured thereby shall be superior to any lien created or claimed under the provisions of the Declaration and no such lien shall in any way defeat, invalidate, or .mpair the obligation or priority of such Deed of Trust The foreclosure of any lien created by the provisions of the Declaration shall not operate to affect or impair the lien of the Deed of Trust On foreclosure of the Deed of Trust, any existing lien created under the provisions of the Declaration shall be subordinate to the lien of the Deed of Trust, with the foreclosure-purchaser taking title to the real property foreclosed upon free of such lien but subject to the provisions of the Declaration. Subject E796Q:021800 16 0898T£68:01 S9S9-t70£-091 WWOD 3JI~1 9NinNIlNO:WOdJ 00:80 5927j- to the foregoing, the undersigned agrees that, should the undersigned acquire any title to or interest in all or any portion of the real property described in the Declaration by foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration, which Declaration shall remain in full force and effect. Dated: Jun& 23'200° BAHK OF AMERICA, tf.A., AS SUCCESSOR TO BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association f ItsrjVtce President STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) On, June 21. ZOOQ appeared Kim Pavis , before me, _fih»»na Koodv, _ personally _ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the -person acted, executed the instrument WITNESS my hand and official seal. Signatu S. MOODY Ccmmbslon »1127309 sNoldfyPubUc—Coatomta | Qronoe County F My Comm. Expires Mar 11.2001 f E7 960:021800 17 81'd 08981268=01 B9B9-t70,L-09i WWOD 3dII 5928 <1wPi•< ofcjsiz £•tf «H>—i 00 p*WHt/5 < S P -< « CO GT'd ^- ^o|- "f~^f\ - £ 3 ") I J-o C ,.n .<^f 23--^SJl tu «•;Si!*lc«5J uu S o. O II II la ^«. i-J c O od-l .^ of H ^ ° a SE~* i CO "g gO -s 0| < ^ 0898T£68:Q1 T0=80 5929. .- DOC-ft. 2000-0362589 JUL 10,'. 20OO 3 = 23 20004362589 - - OFFEIflL RECORDS'' QW.DIEH) CQUHTY REJMRDER'S OFFICE. ' BSGORY J. SHITH, COUNTY RECORDER FEES: .22:ffO- ; SUB: "'bOOi.39.97 FI LED;." -- - - .-. N" MAP AND a - NO GRANT OR CiEDICATlON NAME OF SUBDIVISION -.r.L ^t)]pa\\ yAUJfe.Sf rATZI^<&AD HO^ ft'P ^/JM /> /B^j ^VTfe r>P OWNER LLC. CITY LOTS: GREGORY J.:SMITH SAN/1 DIEG, RECOI Deputy 03 'd WW03 3dII 9NinNIlNQ:WOyd 20=80 t7002-S-0nb