Carlsbad City Council
March 12, 2024

CA Review GH
Meeting Date: March 12, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Paz Gomez, Deputy City Manager, Public Works1 [email protected], 442-339-2751
Gina Herrera, Assistant City Attorney
g
[email protected], 442-339-2891
Subject: Public Hearing to Consider an Appeal of the City Engineer’s Decision to Approve the Grading Final Punch List, Release Securities and Approve the Notice of Completion and Acceptance of Public Improvements for Grading Permit No. GR2021-0016
District: 1
Recommended Action
Hold a public hearing and adopt a resolution denying the appeal and affirming the City Engineer designee’s approval of the grading final punch list, release of grading securities and approval of the notice of completion and acceptance of public improvements for Grading Permit No.

GR2021-0016.

Executive Summary
The City Council is being asked to consider an appeal of decisions made on behalf of the City Engineer to approve the final punch list, approve the notice of completion and accept public improvements and release the bond and a cash deposit required to secure the grading and erosion control work being done for the construction of a single-family home on Skyline Road.

The appeal was filed by the owners of a downhill neighboring property. The appeal applies only to the decisions of the City Engineer designee to approve the final punch list, release the cash security and grading bond, and approve the notice of completion and acceptance of public improvements for the project, not to any other aspects of the project or its approval by the city.

Staff recommend the City Council deny the appeal and uphold the decision for the reasons explained below. Only the City Council has the authority to decide such appeals under Carlsbad Municipal Code Section 15.16.160(A).
1 Ms. Gomez served on an interim basis as the Engineering Manager of the Construction Management & Inspection Department, the City’s Engineers designee for the decisions subject to the Appeal, and in this capacity was involved in the decision being appealed, though in the city’s organizational chart, the City Engineer reports to Ms.

Gomez.

March 12, 2024
Item #8 Page 1 of 135

Explanation & Analysis
Scott Sarem and Kyra Sarem, owners of the property at 4005 Skyline Road, sought and obtained development approvals from the city for a new single-family residence on the property. The Planning Commission approved the Coastal Development Permit for the residential development with Resolution No. 7383, and the property owners then sought a grading permit for the grading and erosion control work related to the project.

In 2021, the owners entered into a grading and erosion control agreement with the city that included a requirement to secure the grading and erosion control work with a bond and a cash deposit, in the total amount of $651,279.90. Soon after that, Grading Permit No. GR2021-0016 was issued.

After almost two years of construction, and upon completion, inspection and acceptance of the work by the city, a designee of the City Engineer sent the owners a completed grading final punch list on Sept. 6. 2023. (A punch list is a document that lists the final work items remaining before a construction project is considered complete. When the work on the punch list has been finished, then the project is deemed complete.)
The owners then requested release of the securities. The cash deposit was refunded and the bond was released on Sept. 14, 2023. Around the same time the grading securities were released, city staff filed a notice of completion and accepted the required public improvements for abandoning an existing water service meter and installing a new water service meter (for the Carlsbad Municipal Water District) and installing a concrete driveway and street paving (for the city).

On Sept. 25, 2023, Aannestad Andelin & Corn LLP, on behalf of clients Josh and Terri Edwards, the owners of a downhill neighboring property, filed an appeal objecting to the decisions of the City Engineer designee to release the cash security and grading bond and approve the notice of completion and acceptance of public improvements. The appeal is attached as Exhibit 2.

Carlsbad Municipal Code Chapter 15.16 is the city’s Grading and Erosion Control Ordinance.

Section 15.16.160 allows an individual to “appeal the decision of the city engineer in regard to the administration of this chapter to the city council within 10 calendar days following the decision.”
While the final punch list was not initially a decision that was included in the Edwardes appeal – and is outside of the 10-day window for appeals – the Edwardses’ attorneys represented that communications with city staff in mid-September 2023 had been unclear and they had not been told that the final punch list was the document that deemed the project complete, or that it had been approved and sent to the Sarems on Sept. 6, 2023. Had the attorneys known the purpose and timing of the final punch list, the Edwardses would have been able to file a timely appeal of it. To avoid a distracting procedural dispute, the City Attorney’s Office recommended including the final punch list in the decisions subject to the appeal.

The Coastal Development Permit to allow the demolition and construction of the project, attached as Exhibit 3, was approved on Oct. 7, 2020, so it is no longer appealable. Additionally, the grading permit itself was issued on Sept. 29, 2021, well beyond the 10-day period to appeal.

March 12, 2024
Item #8 Page 2 of 135

Grading ordinance
The city’s Grading and Erosion Control Ordinance, governs the process and requirements for the issuance of grading permits. Before a grading permit is issued to an applicant, a grading plan must be submitted to the city for approval, and then the City Engineer or a designee approves or denies the grading plan.

Once the grading plan is approved, a grading permit application may be submitted to the city.

Again, the City Engineer or designee decides to either issue or deny the grading permit. The builder may begin performing the grading work once the city issues the grading permit. 2 When the applicant completes the grading work, the applicable is required to submit final reports to the city. These reports document the findings of state-licensed professionals, attesting to the completion of the work. Once the final reports have been received by the city and the project is complete, the city must release the grading securities under Carlsbad Municipal Code Section 15.16.140.

Specifically, S ection 15.16.140 states that the “City engineer shall release the security held by the city to secure the grading work upon completion of the work in substantial compliance with the terms and conditions of the permit and the provisions of [Chapter 15.16 – Grading and Erosion Control].” (Emphasis added.)
Project bac
kground
The owners entered into a grading and erosion control agreement with the city on Sept. 22, 2021, before the issuance of the grading permit to, in part, secure the grading work with a bond and a deposit totaling $651,279.90. The agreement is provided as Exhibit 4. Soon after, Grading Permit No. GR2021-0016 was issued on Sept. 29, 2021. The grading permit is provided as Exhibit 5.

Construction of the new residence took about two years to complete. The grading and erosion work included the installation of a biofiltration basin, pervious pavers and a storm water detention vault, costing the owners approximately $250,000.

Once the owners notified the city that the grading work was done, city staff did a final walk- through of the property on Sept. 5, 2023, and issued a completed final punch list on Sept. 6, 2023, provided as Exhibit 6. The final punch list required the owners to submit a final soils report,3 as-built drawings,4 and a best management practice certification report with photos.5

2 Once a grading permit is issued, the developer can acquire a “vested right” to complete the grading described in the permit, but not to construct additional improvements or structures not included in the actual permit. 3 The soils report, the revised final geotechnical report, concluded that the geotechnical elements observed and tested were completed in accordance with the Grading Ordinance and were compliant. The soils report was signed by a certified engineer geologist and a registered professional geotechnical engineer, both licensed by the State of California.
4 The final as-built drawings, showing what the completed project, included certain project revisions and were signed by a registered professional civil engineer licensed by the State of California. 5 The final best management practices (BMP) certification report determined that the “permanent BMPs associated with this project are functional” and that they were “installed, inspected and are in full conformance with the approved grading plans and City standards.” The best management practices certification report was signed by a registered professional civil engineer licensed by the State of California.

March 12, 2024
Item #8 Page 3 of 135

These three reports were reviewed by city staff and determined to be complete on Aug. 10, 2023, Sept. 5, 2023, and Aug. 23, 2023, respectively, and are provided as Exhibits 7, 8 and 9.

In reliance on the representations made by the four state-licensed professional engineers in the three required reports, the City Engineer designee determined that the grading and erosion control work had been completed in substantial compliance with the grading permit and the final punch list was deemed completed on Sept. 6, 2023.

As noted above, the $586,151.90 grading bond and $65,128 cash deposit were released on Sept. 14, 2023, in accordance with the process provided in the Grading Ordinance. The security releases are provided as Exhibits 10 and 11.

Additionally, the notice of completion and acceptance of public improvements were approved by the City Engineer designee on Sept. 13, 2023. The notice is provided as Exhibit 12.

City’s communications with the Edwards
At the same time that the property owners were seeking the project approvals from the city, the Edwardses reached out to city staff about the residential development project. On June 17, 2020, or a year before the grading permit was issued, Mr. Edwards sent an email to city staff asking “to discuss the Sarem residence construction project. Specifically, the storm runoff remediation.” Soon after Mr. Edwards’s initial email, city staff began meeting and exchanging emails with the Edwardses to discuss the residential development project.

City staff’s communications with the Edwardses about the project continued for the next three years and included several in-person meetings, virtual meetings and numerous email exchanges. The communications with the Edwardses included detailed explanations by city staff about the grading plan associated with the grading permit and reviews of photos and video footage as the project progressed. City staff clarified city requirements, and at one point, explained why functional performance tests on the drainage system would not be performed, as the Edwardses had requested.

Appeal
The appeal requests the City Council’s review of the entire project under Carlsbad Municipal Code Section 1.20.310, which governs only “when no specific appeals procedure is established by the code.” However, since the city’s Grading Ordinance provides an appeal procedure in Section 15.16.160, this code section applies rather than Section 1.20.310.

Because the grading and erosion control agreement and the grading permit were issued in 2021, more than 10 days from when the appeal was filed, the grading permit and the agreement can no longer be appealed. Instead, the appeal is limited to the final punch list, release of the securities and approval of the notice of completion and acceptance of the public improvements.

Administration of the Grading Ordinance
Carlsbad Municipal Code S ection 15.16.160(A) provides that, “An individual may appeal the decision of the city engineer made in regard to the administration of [the Grading and Erosion Control] chapter to the city council within 10 calendar days following the decision.” (Emphasis added.)
March 12, 2024
Item #8 Page 4 of 135

Although “administration” is not defined in Chapter 15.16, the plain meaning of the word reflects process management activities rather than activities involving the exercise of professional engineering judgment. This is consistent with the legislative history of Chapter

15.16, specifically, the staff reports and other documents submitted to the City Council when the ordinance was substantially revised in 2008, which stated that the ordinance’s purposes included streamlining the permit process and providing:
“[C]lear identification that grading permits are ministerial and not discretionary approvals. The existing ordinance is ambiguous as to whether a grading permit is a discretionary or ministerial action. The revised ordinance clearly identifies the process as ministerial similar to a building permit. This eliminates much of the City Engineer’s ability to exercise discretion in the issuance of grading permits; however, it provides greater flexibility to establish reasonable time frames for the processing of grading permit applications. Staff believe that the revised ordinance in combination with the new grading and erosion control standards will adequately compensate for any loss in discretion.” A “ministerial” approval does not involve the exercise of discretion or judgment. Instead, the person providing the approval simply adheres to applicable law, in this case the Grading Ordinance.

When reviewing ministerial decisions on appeal, the City Council is to consider whether the decision-maker followed the applicable law and whether there is substantial evidence to support the facts on which the decision-maker relied. Substantial evidence means more than a mere scintilla but less than a preponderance.

Consistent with the legislative history of the Grading Ordinance, the decisions of the City Engineer, or designee, to approve the final punch list, release the securities and approve the notice of completion and acceptance of public improvements were ministerial decisions.

That means that to grant the appeal and overturn the City Engineer designee’s decision, the City Council would need to find that the City Engineer designee did not follow the Grading Ordinance or that there was not substantial evidence to support the facts the City Engineer designee relied on for the decision.

Analysis of the appeal
The decision by the City Engineer designee on Sept. 6, 2023, to complete and send the final punch list to the Sarems, deeming the project complete, was a ministerial decision made in reliance on the three required reports, all signed by California licensed professional engineers, described in greater detail above, which were reviewed and approved prior to the completion of the final punch list. Taken together, the three reports provide substantial evidence (i.e., more than a mere scintilla) that the grading and erosion control work had been completed in conformance with the Grading Permit, the city’s Grading Ordinance, and city standards.

The
decisions of the City Engineer s designee to release the securities and approve the notice of completion and acceptance of public improvements were ministerial decisions that are procedural in nature. As cited above, Carlsbad Municipal Code Section 15.16.140 provides that the “city engineer shall release the security held by the city to secure the grading work upon March 12, 2024
Item #8 Page 5 of 135

completion of the work in substantial compliance with the terms and conditions of the permit and the provisions of this chapter.” (Emphasis added.)
The appealable decisions of the City Engineer designee were whether to approve the final punch list, release the securities, file the notice of completion, and accept the public improvements related to the grading permit. The three required reports that were authored by four state-licensed professionals provide ample support for the ministerial decisions of the City Engineer designee to approve the final punch list and determine that the project was complete.

Additionally, the Grading Ordinance required the City Engineer to release the securities because the project had already been determined to be complete.

Because the City Engineer designee followed the requirements of the Grading Ordinance and made decisions supported by substantial evidence, specifically the three required reports, the City Council should deny the appeal and affirm the decisions of the City Engineer designee.

Public notification
Consistent with the requirements of Carlsbad Municipal Code Section 15.16.160(B), Assistant City Attorney Gina Herrera sent the required notice of the public hearing to the attorneys representing the Edwardses and to the Sarems via email and certified mail. Those notices are attached as Exhibits 13 and 14. Both the appellants and the applicants submitted agenda materials on March 6, 2024, attached as Exhibits 15 and 16.

Fiscal An
alysis
There is no direct fiscal impact from this item.

Environmental Evaluation
The recommended action to deny the appeal does not constitute a project within the meaning of the California Environmental Quality Act, or CEQA, under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review.

The approval of the single-family residence under Coastal Development Permit 2020-0017 was determined to be categorically exempt from CEQA under Section 15303 (a) (Class 3) for new construction of single-family residences in urbanized areas.

Next Steps
If the City Council denies the appeal and affirms the decisions of the City Engineer, the decision of the City Council is final.

Exhibits

1. City Council resolution

2. Edwards appeal received Sept. 25, 2023

3. Coastal Development Permit 2020-10-07, Planning Commission Resolution No. 7383

4. Grading erosion control agreement dated Sept. 22, 2021

5. Grading Permit No. GR2021-0016 for 4005 Skyline Drive dated Sept. 29, 2021

6. Final completed punch list dated Sept. 6, 2023

7. Revised final geotechnical report dated Aug. 10, 2023

8. Final as-built drawings approved on Sept. 5, 2023

9. Final best management practices certification report with photos dated Aug. 23, 2023 March 12, 2024
Item #8 Page 6 of 135

10. Grading bond release approval dated Sept. 14, 2023

11. Grading cash release approval dated Sept. 14, 2023

12. Notice of completion and acceptance of public improvements dated Sept. 13, 2023

13. Notice of Hearing sent to attorneys representing Mr. & Mrs. Edwards dated March 1, 2024

14. Notice of Hearing sent to Mr. & Mrs. Sarem dated March 1, 2024

15. Edwards Submission dated March 6, 2024

16. Sarems Submission dated March 6, 2024

March 12, 2024
Item #8 Page 7 of 135
RESOLUTION NO. 2024-048

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, DENYING THE APPEAL AND AFFIRMING THE CITY ENGINEER

DESIGNEE'S APPROVAL OF THE GRADING FINAL PUNCH LIST, RELEASE OF

GRADING SECURITIES AND APPROVAL OF THE NOTICE OF COMPLETION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR GRADING PERMIT NO.

GR2021-0016
WHEREAS, the Planning Commission approved Resolution No. 7383 to issue a Coastal Development Permit to allow the demolition of an existing single-family residence and the construction of a new single-family residence located at 4005 Skyline Road; and WHEREAS, Scott Alexander Sarem and Kyra Bush Sarem, as trustees under the Sarem Family Trust Dated July 17, 2008, or Owners, entered into a Grading and Erosion Contract Agreement with the city on Sept. 22, 2021, to perform grading and erosion control work; and WHEREAS, Grading Permit No. GR2021-0016 was issued on Sept. 29, 2021; and WHEREAS, after the grading and erosion control work was completed, the Owners submitted the following three reports to substantiate that the grading and erosion control work was completed in compliance with the Grading Permit: Revised Final Geotechnical Report dated Aug. 10, 2023, Final As-Built Drawings approved on Sept. 5, 2023, and the Final Best Management Practice, or BMP, Certification Report dated Aug. 23, 2023, or Three Reports; and WHEREAS, in reliance on the certifications and attestations provided in the Three Reports, city staff determined that the project was complete and sent a Grading Final Punch List letter to the Owners on Sept. 6, 2023; and
WHEREAS, on Sept. 14, 2023, the city authorized the release of the grading bond in the amount of $586,151.90; and
WHEREAS, on Sept. 14, 2023, the city authorized the release of the cash deposit for the grading work in the amount of $65,128; and
WHEREAS, on Sept. 25, 2023, Aannestad Andel in & Corn LLP, on behalf of their clients, Josh and Terri Edwards, the owners of a downhill neighboring property, filed an appeal challenging the release of the grading securities and the Notice of Completion and Acceptance of Public Improvements, or Appeal; and
Exhibit 1
March 12, 2024 Item #8 Page 8 of 135
WHEREAS, the attorneys for Josh and Terri Edwards represented that they were unaware of the completion of the Grading Final Punch List on Sept. 6, 2023, when they inquired of staff about the project status on Sept. 14, 2023, otherwise they would have timely appealed that decision; and WHEREAS, to avoid a distracting procedure issue, the City Attorney's Office recommended including the Grading Final Punch List in the decisions being appealed by Josh and Terri Edwards; and WHEREAS, on March 12, 2024, the City Council conducted a duly notice public hearing to hear the Appeal; and
WHEREAS, the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the project, which is incorporated herein by this reference; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. 2.

That the above recitations are true and correct.

That the appeal is untimely except as to the following decisions of the City Engineer's designee: completion of the Grading Final Punch List, release of the grading securities and approval of the Notice of Completion and Acceptance of Public Improvements.

3. That based on the oral and written evidence presented during the public hearing, as well as the entirety of the administrative record for Grading Permit No. GR2021-0016, the decisions of the City Engineer designee to approve the Grading Final Punch List, release the grading securities and approve the Notice of Completion and the Acceptance of Public Improvements complied with the Grading Ordinance and are supported by substantial evidence.

4. That the appeal is denied and the decisions of the City Engineer designee are affirmed.

5. That this action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which has been made applicable in the City of March 12, 2024 Item #8 Page 9 of 135
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within 10 days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party's attorney of record, if the party has one.

A written request for the preparation of t he record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of March, 2024, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

BLACKBURN, BHAT-PATEL, ACOSTA, LUNA.

NONE.

BURKHOLDER.

NONE.

KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
March 12, 2024 Item #8 Page 10 of 135
EXHIBIT 2
March 12, 2024
Item #8 Page 11 of 135
(_ City of CITY ENGINEER DECISION Development Services
Land Development Engineering

APPEAL FORM
Carlsbad
1635 Faraday Avenue
E-38 442-339-4610
www.carlsbadca .gov

RECEIVED
Date of Decision you are appealing: September 13, 2023; September 14, 2023 ~J:'P '> ~ ?M 'l - ~=,--
Subject of the A1rneal: CITY OF CARLSBAD

CITY CLERK'S OFFICE
Please s ecificall describe the sub·ect of the decision that is under a eal. For exam le indicate 1M ,e p y j pp p ' appeal is related to a right-of-way permit, grading permit, tract map, parcel map, certificate of compliance or an encroachment.

Final sign-off for/closure of grading permit, release of cash deposit and bond, notice of completion , completion of public improvements, and certification of completion of improvements applicable to the Sarem Residence, 4005 Skyline Road, Carlsbad, CA; APN 207-072-21-00 , CDP 2020-0017, SEC2149, DWG 531 -1A, ROW2021-0729.

Reason(s) for the Appeal: PLEASE NOTE: The appeal shall specifically state the reason(s) for the appeal. Failure to specify a reason may result in denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal.

BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans, or policy? Please attach additional sheets or exhibits if necessary.

Please see attachment.

NAME (Print): Lee Andelin and Arie Spangler, attorneys for Josh and Terri Edwards MAILING ADDRESS : 160 Chesterfield Dr., Ste. 201
CITY, STATE, ZIP:

TELEPHONE:

EMAIL ADDRESS:

SIGNATURE:

DATE:

E-38
Cardiff by the Sea, CA 92007
(760) 944-9006
?~ ~

March 12, 2024
Item #8 Page 12 of 135

ATTACHMENT TO CITY ENGINEER DECISION

APPEAL FORM
E-38
Project: Sarem Residence, 4005 Skyline Road, Carlsbad, CA; APN 207-072-21-00, CDP 2020- 0017 (and/or CDP 2021-0016), SEC2149, DWG 531-lA, ROW2021-0729 Permittees: Scott Alexander Sarem and Kyra Bush Sarem, trustees or their successor trustee(s) under the Sarem Family Trust Dated July 17, 2008
Reasons for Appeal:

The final sign off and closure of the grading permit and release of the cash deposit and bond applicable to the Sarem Residence, owned by Scott Alexander Sarem and Kyra Bush Sarem, trustees or their successor trustee(s) under the Sarem Family Trust Dated July 17, 2008, for the project located at 4005 Skyline Road in Carlsbad; APN 207-072-21-00, permit Nos. CDP 2020- 0017, SEC2149, DWG 531-lA, ROW2021-0729, is inconsistent with and violates Carlsbad Municipal Code sections 15.16.110, 15.16.130, 15.16.140, and 15.16.170, along with the City of Carlsbad BMP Design Manual and standard engineering practices .

The Sarem Residence is located directly adjacent to and uphill, to the east, of the property located at 4020 Sunnyhill Drive, which is owned by appellants Josh and Terri Edwards. The redevelopment of the Sarem property to build the new Sarem Residence necessitated significant grading and alterations to the drainage pattern on the Sarem property, causing a massive amount of stormwater to be directed from the uphill Sarem property directly on to the downhill Edwards property, causing severe erosion and flooding on the Edwards property. The Edwards attempted to address these issues with the City Engineer prior to final approval of the Sarem grading permit, to no avail. The Edwards expect additional flooding and erosion will continue to occur on their property every time there is moderate precipitation.

Grading for the Sarem project was performed in violation of Carlsbad Municipal Code section

15.16.B0(A), subdivisions (3), (5) and (6).

The Sarem Residence grading operation damaged and continues to cause damage to adjacent private property (namely, the Edwards property, located at 4020 Sunnyhill Drive in Carlsbad), in violation of Carlsbad Municipal Code section 15 .l 6.130(A)(3).

The permittee did not install and has not installed or maintained required drainage and erosion control measures to protect downstream properties from flooding, sedimentation, other adverse impacts caused, or the increase in surface water runoff resulting from the grading operation, in violation of Carlsbad Mun. Code§ 15.16.130(A)(5).

Further, the permittee failed to perform, and the City Engineer failed to require, sufficient inspection and testing of the grading work to ensure conformance with the plans and specifications, the recommendations of the soils and geotechnical engineers, city standards, the March 12, 2024
Item #8 Page 13 of 135
landscape manual and the applicable provisions of the Municipal Code, in violation of Carlsbad Municipal Code section 15.16.130(A)(6).

The post-project runoff conditions (flow rates and durations) exceed pre-development run-off conditions by more than 10 percent, in violation of City of Carlsbad BMP Design Manual §

2.3.2(a), Jan. 11, 2023.

The release of the security/bond violates Carlsbad Municipal Code section 15.16.140 because the work is not in substantial compliance with the terms and conditions of the permit or the applicable code provisions.

The grading work also violates Carlsbad Municipal Code section 15 .16.170 because it endangered and continues to endanger adjacent property (i.e., the Edwards property) and was performed without application of BMPs .

Pursuant to section 1.20.310 of the Carlsbad Municipal Code, appellants respectfully request that the City Council approve their appeal and invalidate, rescind, and void the City Engineer's decision to issue final approval for the Sarem grading permit, in accordance with Section

15.16.1 l0(B), which provides, in relevant portion: "The issuance or granting of a grading permit or approval of grading plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or any other chapter of this code. Permits presuming to give authority to violate or cancel the provisions of this chapter or any other chapter of this code shall not be valid." (Carlsbad Mun. Code§

15.16.1 lO(B).)
March 12, 2024
Item #8 Page 14 of 135

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March 12, 2024
Item #8 Page 15 of 135
PLANNING COMMISSION RESOLUTION NO. 7383

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT

TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND THE CONSTRUCTION OF A 6,702-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH 896 SQUARE FEET OF GARAGE SPACE, SECOND FLOOR TERRACE, COVERED OUTDOOR ROOM, AND A POOL LOCATED AT 4005

SKYLINE ROAD WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.

CASE NAME: SAREM RESIDENCE
CASE NO: CDP 2020-0017 (DEV20120-0110)
WHEREAS, Scott & Kyra Sarem,
11 Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as
All of Lot 24 and the southerly 7.74 feet of Lot 25 of Carlsbad Highlands, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 2647, filed in the Office of the County Recorder of San Diego County, April 18, 1950, the said 7.74 feet being measured along the easterly line of said lot and the northerly line of said 7. 74 feet being parallel with the southerly line of said lot.

Excepting from said Lot 24, the southerly 100.66 feet being parallel with and distant 100.66 northerly measured at right angles from the southerly line of said Lot 24
{
11 the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) "A" - "O" dated October 7, 2020, attached hereto and on file in the Carlsbad Planning Division, CDP 2020-0017 - SAREM RESIDENCE, as provided in Chapter 21.201 of the Carlsbad Municipal Code;and
WHEREAS, the Planning Commission did, on October 7, 2020, hold a duly noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows:

March 12, 2024
Item #8 Page 16 of 135
A) That the above recitations are true and correct.

B) That based on the evidence presented at the public hearing, the Commission APPROVES CDP 2020-0017 - SAREM RESIDENCE, based on the following findings and subject to the following conditions:

Findings:

Coastal Development, CDP 2020-0017

1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project is located within the Mello II Segment of the Local Coastal Program. The subject site has a Local Coastal Program (LCP) Land Use designation of R- 4 Residential (0-4 du/ace), which allows for a density of 0-4 du/ac and 3.2 du/ac at the Growth Management Control Point (GMCP). The project density of 1.75 du/ac is consistent with the R- 4 LCP Land Use designation. Therefore, the project is consistent with the Mello II Segment of the LCP. The project consists of the construction of a new 6,702-square-foot single family residence with an attached two-car garage in addition to an attached one-car garage in an area designated for residential development. The proposed two-story, single-family residence is compatible with the surrounding development of one and two-story single-family structures.

The two-story residence will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the previously graded site, nor are there any sensitive resources located on the developable portion of the site. The proposed single-family residence is not located in an area of known geologic instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities.

2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the coastal shore and, therefore, will not interfere with the public's right to physical access or water-oriented recreational activities.

3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property does not include steep slopes (equal to or greater than 25% gradient) nor native vegetation. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.

California Environmental Quality Act (CEQA)

4. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Sections 15303(a) of the State CEQA Guidelines. More specifically, CEQA Section 15303(a) - New Construction or Conversion of Small Structures, is a Class 3 exemption that includes the construction of one single-family residence in a residential zone. Consistent with the section, the project is proposing to replace an existing single-family residence with a new single-family residence, which is located on a residentially zoned property. In making this PC RESO NO. 7383 -2-
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General
determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project.

5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No.17 and will be collected prior to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit.

6. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).

7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project.

Conditions:

Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of a grading permit or building permit, whichever occurs first.

1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit.

2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.

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3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance.

4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law.

5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coastal Development Permit (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated.

6. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities.

7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits.

8. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval.

9. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by Resolution No. 7383 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest.

10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy.

11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section PC RESO NO. 7383 -4-
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5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void.

12. A project may be exempt from the inclusionary housing requirement if the construction of new residential structures replace residential structures that were demolished within two years prior to the application for a building permit for the new residential structures. The exemption is contingent upon the number of residential units (one) not being increased from the number of residential units in the previously demolished residential structure. Since there will not be an increase in the number of units on the property, the project will be exempt from the inclusionary housing requirement if building permits are issued within two years of the demolition of the existing residential structure. If building permits are not applied for within two years of demolishing the existing single-family home, then the applicant/developer shall pay the inclusionary housing in lieu fee for one (1) unit.

13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.

14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans.

15. Approval is granted for CDP 2020-0017 as shown on Exhibits "A" - "O", dated October 7, 2020, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions.

Engineering:

General

16. 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.

17. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy.

18. Developer shall include rain gutters on the building plans subject to the city engineer's review and approval. Developer shall install rain gutters in accordance with said plans.

19. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition.

20. Property owner shall maintain all landscaping (shrubs, groundcover, etc.) and irrigation along the parkway frontage with Skyline Road as shown on the Site Plan.

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Fees/ Agreements

21. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement.

22. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement.

23. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement.

24. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private decorative pavement located over existing public right-of-way or easements as shown on the preliminary landscape plan or remove said decorative pavement from the final landscape/construction plans. Developer shall pay processing fees per the city's latest fee schedule.
• 25. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city standard form for the future public improvement of Skyline Road along the property frontage for a half street width of thirty-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, relocation of utilities, fire hydrants, street lights, and driveway approach.

Grading

26. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a precise grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule.

Storm Water Quality

27. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements.

28. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer.

Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.

29. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer PC RESO NO. 7383 -6-
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approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule.

30. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures.

Dedication/Improvements

31. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems.

32. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer.

33. Developer shall design all proposed public improvements including but not limited to water services/meters as shown on the site plan. These improvements shall be shown on one ofthe following, subject to city engineer approval:

Utilities
A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way.

34. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans or grading plans.

35. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer.

Code Reminders:

The project is subject to all applicable provisions of local ordinances, including but not limited to the following:

36. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.

37. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code.

38. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer.

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39. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein.

NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review.

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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.

You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 7, 2020, by the following vote, to wit:

AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Merz, Meenes, and Stine NOES:

ABSENT:

ABSTAIN:

VELYN ANDERSON, Chair

CARLSBAD PLANNING COMMISSION
ATTEST:

DON NEU
City Planner
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SEC2148EXHIBIT 4
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--· - - ---- - ------ - - - -------- - --

GRADING AND EROSION CONTROL AGREEMENT
Project ID: CDP 2020-0017
NAME OF APPLICANT : Scott Alexander Sarem and Kyra Bush Sarem, trustees or their successor trustee(s) under the Sarem Family Trust Dated July 17, 2008 DATE OF AGREEMENT:
(referred to as •Ap~ t'')
~ ~ 1,,1.--,, '].dv\.

GRADING PERMIT NO.: 2021-0016
{referred to as "Grading Permit")
LOCATION: 4005 Skyline Road, Carlsbad, CA 92008
(referr ed to as "Grading Site")
OFFSITE LOCATION (IF ANY): _n'"""/ __ a _ _ _____ _____ ______ _ (referred to as "Offsite Grading Location")
NAME OF DEVELOPMENT: Sarem Residence
--- - - - --- - - - --- - - - ----- -(referred to as "Development") GRADING PLAN NUMBER: 531-1A
--- ---- - ---------- - --- - - - --( r cf erred to as "Grading Plans and Spec ification s" SURETY/FINANCIAL INSTITUTION: Amencan contractors Indemnity Company ADDRESS : 625 The City Drive So., Ste. 205, Orange, CA 92868 TOTAL AMOUNT OF SECURITY: _$6::...;;...;;.5"'"'1 =27....;;9....;;.9..c.O _ _____________ _ TAXPAYER I.D. NO:

AMOUNT OF SECURITY POSTED AS CASH $65,128
DEPOSIT:

RECEIPT NO.
~Jtou
AMOUNT OF SECURITY POSTED OTHER THAN CASH: --$;..;;5..;;..86.;;..:., __ 15'-1.;,..;.9...;;.0 ___ ____ _ SECURITY FORM FOR AMOUNT OTHER THAN CASH: _s_u_re_t~y_B __ o_nd _ _ ___ .,.,.._ _ __ _ (Sure ty Bond, Letter of Cred it)
This agreement is made and entered into by a nd between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as City, and the Applicant.

REC I TALS
A. The Applicant has applied for a Grading Permit. pursuant to Chapter 15.16 of the Carlsbad Municipal Code (hereinafter referred to as "Code"), to perform grading work including excavation, fill, installation of drainage facilities, installation of desiltation/retention basins, landscaping, erosion control or any combination thereof and storm damage protection, withn the City of Carlsbad, State of California, more specifically described in the application for Grading Permit referred to above and incorporated by reference herein.
1 0...Cl!Oll.ilnd0"1IIPROJECT81COP\COP2020'COP2020.oo17 s..om R-nco . R,ck\9 & AIGIUOINQ ANO EROSION COl,ITRO. AGREEMENT.docRFV Ot/25113 March 12, 2024
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B. Complete Grading Plans and Specifications for the grading work to be performed under the Grading Permit, incorporated by reference herein, have been prepared by or at the request of the Applicant, approved by the City Engineer, and filed in the office of the City Engineer.

C. Grading work shall be performed in accordance with the Code, all City Standards, Landscape Manual, and the Grading Plans and Specifications as identified on Page 1 hereof. All grading work shall occur in the general location of the Grading Site and may include work at the Offsite Grading Location, as specified on Page 1.

D. An estimate of the cost of performing the grading work in connection with City requirements according to the Grading Plans and Specifications has been submitted by the Applicant and approved by the City Engineer and is attached as Exhibit "A".

E. Section 15.16.140 of the Code requires the Applicant to post with the City a type of security authorized by Code Section 20.16.070 in an amount sufficient to cover the cost of the grading work prior to issuance of the Grading Permit.

F. The City Engineer may require, pursuant to Section 15.16.140 0.4 of the Code, that up to ten percent (10%) of the estimated cost to perform the grading work be posted as cash to ensure the cleaning, repair and rehabilitation of public or private facilities that are damaged by sedimentation, erosion or construction activities, and to ensure that adequate safeguards for the prevention of erosion are in place when needed. The applicant has the right to submit a cash deposit greater than ten percent.

G. The applicant has submitted cash in the amount stated on Page 1.

NOW, THEREFORE, i n consideration of the issuance of the Grading Permit by the City, the Applicant and the City agree as follows:

1. Applicant's Obligation to Perform Grading Work
Applicant shall:
a. Complete at Applicant's expense all grading, drainage, landscape, storm damage and erosion control work required by the Grading Permit within the time limits specified in the Grading Permit, and in accordance with the Grading Plans and Specifications, City Standards, Landscape Manual and the Code.
b. Maintain any and all desiltation basins and other erosion control devices in a manner acceptable to the City Engineer. If the City Engineer determines that erosion control measures or devices are not adequate or are not being maintained in an acceptable manner, or that a hazardous 2 Q;ICEO\Land0evlPROJEC TSICDPICDP2020\C_DP2020-0017 Sorem Residence . Riek\8& A\GRAOING AND EROSION CONTROL AGREEMENT.docREV. 0 1125/13 March 12, 2024
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condition exists due to erosion. or to work being done, applicant shall take immediate action to construct or install additional erosion control devices or repair the existing erosion control devices or correct the hazardous condition upon notification by the City Engineer. Notification will be made by telephone to the 24 hour emergency telephone number shown on the plans. If there is no answer at the emergency phone number or the contact person fails to initiate corrective action within the time specified by the City Engineer, then the City Engineer may cause corrective action to be taken and the costs of said corrective action shall be deducted from the cash deposit posted by the applicant. Funds withdrawn by the City Engineer from the cash deposit required under the terms of this agreement shall be replaced by the applicant within five working days of notice from the City Engineer to do so. The City Engineer may order all work on the project stopped until such time as the cash deposit is restored to its original balance. This provision shall also apply to any existing offsite desiltation basins which in the opinion of the City Engineer are impacted by siltation originating from the Applicant's development site. c. Make an inspection of the desiltation basin(s) and other erosion control devices after each runoff producing rainfall and repair or restore the basin or device when the accumulation of silt reduces the design performance below acceptable levels in the opinion of the City Engineer. d. Give good and adequate warning to the public of each and every dangerous condition present in or adjacent to the grading work and take all reasonable actions to protect the public from such dangerous conditions.
e. Pay any investigation fee imposed by the City Engineer pursuant to Code Section

15.16.180.

2. Securing of Property Rights. The applicant shall not commence any off-site grading until proof of all necessary and proper written legal permission or title is furnished to the City Engineer.

3. Security. Applicant shall at all times guarantee Applicant's performance of this agreement by furnishing to City and by maintaining good and sufficient security as required by Code on forms approved by City, in the types and amounts set forth on page 1.

In accordance with Section 15.16.140 of the Code, the Applicant shall submit one or more forms of security in an amount up to 100 percent (100%) of the estimated cost of the grading work.

The securities required by this agreement shall be kept on file with the City Clerk. The terms and conditions of the security posted with this agreement are incorporated into this agreement by this reference.
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If any security is replaced by another security approved by the City Engineer, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this agreement. Upon filing of a replacement security with the City Clerk, the former security may be released by the City Engineer.

4. Inspection and Acceptance. Applicant shall at all times maintain proper facilities and safe access for inspection of the grading work by City inspectors. Upon completion of the work the Applicant shall request a final inspection by the City Engineer. The City Engineer shall certify the completion of the work upon determining that the work has been completed in accordance with this agreement. Applicant shall bear all costs of inspection and certification.

5. Release of Security. The Security required by this agreement shall be released as follows:
a. Security given to guarantee performance of the grading and erosion control work as authorized pursuant to the Grading Permit shall be released upon acceptance of the work by the City Engineer subject to the provisions in Subsections b, c and d of this section. b. Upon written application for release by Applicant, the City Engineer may release a portion of the security as grading is satisfactorily completed and accepted. The City Engineer shall not authorize a release of the grading and erosion control security to an amount, in his or her opinion, below that required to guarantee the completion of any work or any_ other obligation imposed by Code, conditions of approval for the development, or this agreement. c. All or any portion of the cash security deemed necessary by the City Engineer, shall be retained to guarantee maintenance and repair of desiltation basins and other erosion control devices.

The remaining cash security shall be released upon determination of the City Engineer that the development site has been adequately and permanently safeguarded against erosion and all temporary desiltation basin and erosion control devices have been removed to the satisfaction of the City Engineer. d. The City may retain from the security released an amount sufficient to cover City costs, reasonable expenses and fees, including unpaid investigation fees imposed pursuant to Code Section 15.16.180, and reasonable attorney's fees.

6. Injury to ·Public or Private Improvements and Property. Applicant shall indemnify the City pursuant to Paragraph 1 0 and replace, or repair, or pay to the owner, the entire cost of replacement or repairs of any property damaged or destroyed by reason of any work done hereunder, whether such 4 Q:ICED\LandDe\l\l' ROJECTSICOP\CDP2020'CDP2020-0017 s arem Residence• Rick\B & A\GRAOING AND EROSION CONTROL AGREEMEITT.docREV. 01/25113 March 12, 2024
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property is owned by the United States or any agency thereof, or the State of California or any agency or district or political subdivision thereof, or any public or private corporation, or by any person, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction and subject to the approval of the City Engineer.

7. Permits. At Applicant's expense, Applicant shall obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law.

8. Default of Applicant. In the event Applicant fails to perform any work required by this agreement, City may perform work twenty (20) days after mailing written Notice of Default to Applicant and to Applicant's Surety. Applicant agrees to pay the entire cost of such performance by City.

The sums provided by this security agreement may be used by City to complete the work in accordance with the Grading Plans and Specifications referenced herein.

If Applicant does not perform the work in a timely manner as determined by the City Engineer, City may take over the work and prosecute the same to completion by contract or by any other method City deems advisable, for the account and at the expense of Applicant. Applicant's Surety shall be liable to City for any excess cost or damages occasioned by City. In such event, City, without liability for so doing, may take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to Applicant as may be on the site of the work and necessary therefor. Applicant agrees not to remove such property from the site.

In the event Applicant fails to perform any obligation hereunder, Applicant agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including cost of suit and reasonable attorney's fee.

9. Applicant Not Agent of City. Neither Applicant nor any of Applicant's agents or contractors are or shall be considered to be agents of the City in connection with the performance of Applicant's obligations under this agreement.

10. Indemnity/Hold Harmless. Neither the City nor any officer, agent or employee thereof shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Applicant, or their agents or employees, in the performance of this agreement. Applicant further agrees to defend and hold harmless City, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Applicant, its 5 Q:ICEDILandDev\PROJECTSICDPICOP2020\COP2020-0017 $atom Rosidonco - Rick\S & AIGRADING AND EROSION CONTROL AGREEMENT.docREV. 01/25113 March 12, 2024
Item #8 Page 29 of 135
agents or employees in the performance of this agreement, including all claims, demands, causes of action, liability, or loss because of or arising out of, in whole or in part, the design or construction of the grading and erosion control work; provided however, that the approved grading and erosion control security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to defend and hold harmless shall extend to injuries to persons and damages to or taking of property resulting from the design, construction or grading as provided herein, and in addition, to adjacent properties and improvements located thereon as a consequence of the diversion of waters from the design or construction of drainage systems, private streets, grading and other development improvements. Acceptance by the City of the grading work shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the development or the grading work pursuant to the approved Grading Plans and Specifications regardless of any action or inaction taken by the City in approving the plans and specifications, unless the particular grading and erosion control design was specifically required by City over written objection by Applicant submitted to the City Engineer before approval of the particular grading and erosion control design, which objection indicated that the particular grading and erosion control design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the grading work, the Applicant shall remain obligated to eliminate any defect in design or any dangerous condition caused by the design or grading but, if not in ownership of the property, shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the City of grading work. It is the intent of this section that Applicant shall be responsible for all liability for design and construction of the grading and erosion control work done pursuant to this agreement and that City shall not be liable for any act or omission in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or grading.

11. Sale or Disposition of Development. Sale or other disposition of this property will not relieve Applicant from the obligations set forth herein. If owner sells the property or any portion of the property within the development to any other person. the Applicant may request a novation of this agreement and a substitution of security. Upon approval of the novation and substitution of securities, the Applicant may request a release or reduction of the securities required by this agreement. Nothing in the 6 Q:ICED\LandDev\PROJECTS\CDPICOP20201CDP2020-0017 S..-em Reoidenoo - Rick\B & A\GRADING AND EROSION CONTROL AGREEMENT.docREV. 01125/13 March 12, 2024
Item #8 Page 30 of 135
novation shall relieve the Applicant of the obligations under Paragraph 10 for the work or improvement done by Applicant.

12. Time is of the Essence. Time is of the essence In this agreement.

13. Time for Commencement of Work: Time Extensions. Applicant shall commence substantial construction of the grading and erosion control work not later than three month:s prior to expiration of the Grading Permit. In the event good cause exists as determined by the City Engineer, the time of commencement of construction may be extended. The expiration of the Grading Permit may also be extended by the City Engineer upon a showing of good cause and payment of a Grading Permit Extension Fee in the amount established by City Council Resolution. Neither extension shall be: effective unless and until provided to Applicant in writing by the City Engineer. Any such extension may be granted without notice to the Applicant's Surety and shall in no way affect the validity of this agmement or release the surety on any bond given for the guarantee of performance of this agreement. As a condition of such extension, the City Engineer may require Applicant to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to compensate for any increase in construction cost as determined by the City Engineer.

14. No Vesting of Rights. Performance by Applicant of this agreement shall not be construed to vest Applicant's right with respect to any change in any zoning or building law or ordinance.

15. Notices. All notices required or provided for under this agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided In this paragraph. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in tlhe United States Mail. Notices, security releases and refunds shall be addressed as follows unless a written change of address is filed with the City:

Notice to City:

Notice to Applicant:
760-533-2470
(Print Phone Number Here)
Notice to Surety :
(714) 740-7000
(Print Phone Number Here)
City Engineer
1635 Faraday Avenue
Carlsbad, CA 92008
Scott Alexander Sarem
6684 Lemon Leaf Dr
Carlsbad, CA 92011
(Print Name and Address Here)
Freddy Anvari
American Contractors Indemnity Company
625 The City Drive So., Ste. 205, Orange, CA 92868
(Print Name and Address Here)
7 [email protected]
(Print Email Address Here)
[email protected]
(Print Email Address Here)
Q:ICED\Lan<J0el/\PROJECTS\COP\COP:i!02Q\COP2020.()017 So-em Re&Jdoneo • RicklS&AIGRAotNG ANO EROSION CONTRa. AGREEMENT.docREV. 01125113 March 12, 2024
Item #8 Page 31 of 135

16. Severability. The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.

17. Captions. The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provision of this agreement.

18. Litigation or Arbitration. This agreement may be enforced by litigation or arbitration at City's election and in that event, the prevailing party shall be entitled to costs and reasonable attorney's fees in enforcing the terms of this agreement.

19. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into the terms of this agreement.

20. Entire Agreement. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the City, the appropriate party shall be the City Manager.

Ill
Ill
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8 Q:ICED\l.andOevlPROJECTSICDP\CDP2020\COP2020-0017 Sarem Residence . Rick\B & A\GRADING ANO EROSION CONTROL AGREEIAENT.docREV. 01/25/ 13 March 12, 2024
Item #8 Page 32 of 135
·[O~ /LM Executed by Applicant this _~ __ day of--~---------~· 20..:..)_,_..;;.\ __ __; Applicant:

Scott Alexander Sarem and Kyra Bush
Sarem, trustees or their successor trustee(s)
under the Sarem Family Trust Dated July 17,
2008
By:

By:

ScottSarem
(print name here)
K Sarem
(print name here)
Owner
(title and organization of signatory)
CITY OF CARLSBAD. a municipal
corporation of the State of California
By:

LDERT, P.E.
gineering Manager
(Proper notarial acknowledgment of execution by APPLICANT must be attached) (Chairman of the Board, President, or any Vice-President and secretary. any assistant secretary, the Chief Financial Off'IC8r, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under oorporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:

CELIA BREWER
CityAttD)O
e~ (/MA~W
Assistant City Attorney
9 Q:\CEDU.andOelllPROECT'S\a>PICOP202G\CDP10200017 S-Ae81dence• RlcklB IAIGRAIJNG AND EROSION CONTROL AGREEMBIIT.dodm/. 01/25/13 March 12, 2024
Item #8 Page 33 of 135
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1f89
A notary public or other officer completing this certificate verifiesonlythe identity of the ind~idual who signed the document to which this certificate is attached. and not the truthfu'1ess, accuracy, or validity or that document who proved to me on the basis of satisfactory evidence to be the person(s) whose na me(s) ls/are subscribed to the wlthln Instrument and acknowledged to me that he/she/they .executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the Instrument. i ee e ft ft ft ~A: ;,L~N- 0 ft f
< Notary Public • California
i: San Diego County f
Commission It 2323428 -
My Comm. Expires Ma; 28, 2024
Place Notary Seal and/or Stamp Ab(Ne
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and correct.
::~
Signature of Notary Public
OPTIONAL - -------------~
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title or Type of Document: ___________ ______________ _ DocumentDate: ___________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _______ _ _____________ _ Capaclty(les) Claimed by Slgner(s)
Signer's Name: ___________ _ Slgner'sName: ___________ _ □ corporate Officer - Tltle(s): ______ _ a Corporate Officer - Tltle(s): ______ _ □ Partner - □ Limited a General □ Partner - a Limited □ General a Individual o Atto.rney In Fact □ lndlvl.dual a Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee o Guardian or Conservator □ Other: _____ _ ______ _ _ □ Other: _____ ____ ____ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _ t\2019 National Notary Association
10 Q:'CED'l.endDel/lPROJECTS\CX>PICOP2120'CDP20200017Sa..,,.Realdence·Rldl\B&A\GRADINGANDEROSIONCONTROLAGREl:MENT.doc:REV.01125/13 March 12, 2024
Item #8 Page 34 of 135
"EXHIBIT A"
TOAL ENG I NEERING, INC .

CIVIL ENGINEERS, LAND PLANNERS AND LAND SURVEYORS
139 A VENIDA NA VARRO • SAN CLEMENTE, CA 92672
(949) 492-8586 • FAX (949)498-8625
Construction Cost Estimate for
Sarem Residence - 4005 Skyline Road
CDP 2020-0017 / GR 2021-0016 / DWG 531-1A
Item DescriQtion Est. Quantity Unit Price Amount
Grading
1 Excavation & Embankment 150 cy $ 32.20 $ 4,830.00
2 Overexcavation & Recompaction (Renedial) 1000 cy $ 32.20 $ 32,200.00 3 Import & Fill 1,545 cy $ 35.42 $ 54,723.90
Subtotal $ 9 1,753.90
CONTINGENCY (15%) $ 13,800.00
ESTIMATED GRADING COST $ 105,553.90
EARTHWORK BOND AMOUNT I $ 55,276.95 1
On-Site Improvements
1 Concrete driveway/hardscape 4,915 sf $ 7.00 $ 34,405.00 2 Turf block driveway 2,240 s f $ 12.00 $ 26,880.00
3 4" dia. sch 80 pipe 720 If $ 20.00 $ 14,400.00
4 6" dia. sch 40 pipe 320 If $ 25.00 $ 8,000.00
5 8" dia. sch 40 pipe 300 If $ 30.00 $ 9,000.00
6 6
11 deck drain 8 ea $ 125.00 $ 1,000.00
7 6
11 atrium drain 28 ea $ 125.00 $ 3,500.00
8 12" atrium drain 33 ea $ 150.00 $ 4,950.00
9 24" concrete catch basin 1 ea $ 500.00 $ 500.00
10 Biofiltration System 1 ea $ 10,000.00 $ 10,000.00
11 Stormwater Detention Vault 1 ea $ 8,000.00 $ 8 ,000.00 ~
.;,
12 Drainage spreader 42 If $ 50.00 $ 2,100.00
13 5" channel drain 54 If $ 40.00 $ 2,160.00
14 12" wide concrete v-ditch 45 If $ 24.00 $ 1,080.00
15 Pervious paving 2,540 sf $ 12.00 $ 30,480.00
16 4" subdrain system 810 If $ 45.08 $ 36,514.80
17 Downspout connection to drain system 11 ea $ 200.00 $ 2 ,200.00 18 Screen wall 100 sf $ 49.00 $ 4,900.00
19 Retaining wall 3,400 sf $ 49.00 $ 166,600.00
Subtotal $ 366,669.80
CONTINGENCY (15%) $ 55,000.00
ESTIMATED ON-SITE IMPROVEMENT COST $ 421,669.80
March 12, 2024
Item #8 Page 35 of 135
Item Description Est. Quantity Unit Price Amount
Erosion Control Items
1 Silt fence 480 If $ 2.64 $ 1,267.20
2 Material Storage Area 1 ea $ 300.00 $ 300.00
3 Concrete Washout Area 1 ea $ 825.00 $ 825.00
4 Waste Storage Area 1 ea $ 500.00 $ 500.00
5 Stabilized Construction Entrance 400 sf $ 8.66 $ 3,464.00 6 Street Sweepi ng 1 Is $ 1,500.00 $ 1,500.00
7 Solid Waste Management 1 ea $ 3,500.00 $ 3,500.00
8 Gravel bags 1200 ea $ 1.82 $ 2,184.00
9 Fiber Rolls 200 If $ 3.38 $ 676.00
10 Inlet Protection 70 ea $ 8.00 $ 560.00
11 Geotextiles/Mats 5,000 sf $ 0.40 $ 2,000.00
12 Hydroseeding 3,000 sf $ 0.36 $ 1,080.00
Subtotal $ 17,856.20
CONTINGENCY (15%) $ 2,700.00
ESTIMATED ON-SITE IMPROVEMENT COST $ 20,556.20
Landscape & Irrigation Items
1 Landscape & Irrigation lump sum $ 90,000.00
Subtotal $ 90,000.00
CONTINGENCY (15%) $ 13,500.00
ESTIMATED LANDSCAPE & IRRIGATION COST $ 103,500.00
TOTAL ESTIMATED CONSTRUCTION COST I $ ss1,21s.so I
Z5',,Zt
Grading Permit
Engineering Inspection Request Line (760) 438-3891
GR2021-0016PERMIT #: September 29, 2021DATE:

PERMIT TYPE:

PARCEL #:

SUB TYPE:

PROJECT #:

STATUS:

APPLIED:

ISSUED:

EXPIRATION:

INSPECTOR:

LOT #:

PLAN #:
04/15/2021
09/29/2021
09/30/2024
Major Issued - Active
Nick DeLetto
DWG 531-1A
DEV2020-0110
2070721700
1 LDE-Grading
DWG #:

ROW TYPE:

CDP2020-0017
LOCATION:

SITE ADDRESS: 4005 SKYLINE RD
PROJECT: Sarem Residence
DESCRIPTION: SAREM RESIDENCE: 6,702 SQFT 2 STORY HOME WITH 3 CAR GARAGE, AND ADU OVER GARAGE
APPLICANT:

JC GRADING INC
PO BOX 2202
VALLEY CENTER, CA 92082-2202
(760) 749-2246
CONTRACTOR: PROPERTY OWNER:

SCOTT AND KYRA SAREM
6684 LEMON LEAF DR
CARLSBAD, CA 92011
(760) 533-2470

FEE DESCRIPTION TOTAL FEES BALANCE DUEPAID AMOUNT
$451.72 $0.00 IMPROVEMENT INSPECTION $451.72
$1,893.65 $0.00 ADDITIONAL IMPROVEMENT PLAN CHECK FEE $1,893.65 $65,128.00 $0.00 GRADING CASH DEPOSIT $65,128.00
$1,200.00 $0.00 LDE THIRD PARTY REVIEW- DEV FUNDED $1,200.00 $383.00 $0.00 SWPPP PLAN REVIEW TIER 2 - High $383.00
$1,358.00 $0.00 SWPPP INSPECTION FEE TIER 2 - High CMI $1,358.00 $495.00 $0.00 SWQMP PLAN REVIEW (subsequent acre >than .5 acres)
$495.00
$428.00 $0.00 SWQMP INSPECTION (subsequent acre >than .5 acres)
$428.00
$3,017.00 $0.00 GRADING PLANCHECK (ENG) Initial 1,001-10,000cy $3,017.00 $1,449.00 $0.00 GRADING PERMIT (ENG) 1,001-10,000 cy $1,449.00 This fee statement is subject to change as outlined in the Carlsbad Municipal Code.

TOTAL PERMIT FEE $75,803.37 $75,803.37 $0.00 The issuance of this permit by the City of Carlsbad does not authorize the applicant for said permit to violate any federal, state,
or city laws, ordinances, regulations or policies, including, but not limited to, the Federal Endangered Species Act of 1973 and any amendments thereto.

Permit Release: Date Released:

1635 Faraday Avenue, Carlsbad, CA 92008-7314 ï 760-602-2740 ï 760-602-1052 f ï www.carlsbadca.gov EXHIBIT 5
March 12, 2024
Item #8 Page 36 of 135
Public
Works
Construction Management & Inspection
1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2780 t | [email protected] Sept. 6, 2023
Scott Alexander Sarem and Kyra Bush Sarem,
Trustees under the Sarem Family Trust Dated July 17, 2008 6684 Lemon Leaf Dr.

Carlsbad, CA 92011
CDP 2020 -0017 SAREM RESIDENCE | GR2021-0016 | DWG 531 -1A – GRADING FINAL

PUNCH LIST
Attached please find the G rad ing Final Punch List for the subject project , SEC2148. It represents a compilation of items of work which are necessary to complete the project.

You are directed to complete all punch list work within 60 days after mailing of this letter. Per the terms of the agreement, the City is holding the $65,128 cash deposit and $586,151.90 bond until the punch list items are complete d. Failure to complete this work within this time period will be cause for the City to exercise its rights under the agreement to complete the work. If all i tems are already marked as complete on the attached, the city will begin proceedi ngs for the formal project acceptance and applicable security releases.

Please contact yo u r Project Ins pector, Nick De Letto, at 760-331-8018 at your earliest convenience in order to review the list and your work schedule to complete same.

Thank you for your prompt attention to this matter.

Sincerely,
Valerie Airey
Municipal Projects Manager
c: Ame rican C
ontractors Indemnity Company
625 The City Drive South, Suite 205
Orange, CA 92868
BOND # 1001143774
Project Inspector, Nick De Letto
Senior Contract Administrator, Jennifer Chapman
File
EXHIBIT 6
March 12, 2024
Item #8 Page 37 of 135
C cicyof
Carlsbad

GRADING FINAL PUNCH LIST
CDP 2020-0017 SAREM RESIDENCE, DWG 531-1A

GRADING FINAL PL - CDP 2020-0017 / SAREM RESIDENCE, DWG 531-1A

1. Submit final soils report.

Date complete: 8/10/23

2. Submit final as-built drawings and complete as-built process.

Date complete: 9/5/23

3. Submit BMP Certification Report with photos.

Date complete: 8/23/23

Note: You are reminded that you are responsible for any damages caused by your forces in prose cuting the
remedial work.

In-progress inspection is required during all work.

A right -of-way permit will be required prio r to
starting work.

Grading Final Punch List Complete: __________________
(Date)

Approved by: ___________________________________
(Project Inspector)

Approved by: ___________________________________
(Municipal Projects Manager)

9/6/2023
March 12, 2024
Item #8 Page 38 of 135
ENGINEERS + GEOLOGISTS + ENVIRONMENTAL SCIENTISTS Offices Strategically Positioned Throughout Southern California

RIVERSIDE COUNTY OFFICE
40880 County Center Drive, Suite M, Temecula, California 92591 T: 951.600.9271 F: 951.719.1499
For more information visit us online at www.petra-inc.com August 10, 2023
J.N. 20-155
Revision 4
MR. SCOTT SAREM
5796 Armada Drive, Suite 375
Carlsbad, California 92008
Subject: Revised Final Geotechnical Report , Proposed Two -Story Residence, 4005 Skyline Road, City of Carlsbad, San Diego County, California
References: See Attached List
Dear Mr. Sarem:

In accordance with the request of Mr. Jeff Piva, project superintendent , Petra Geosciences, Inc. (Petra) has prepared this revised final geotechnical report of grading for 4005 Skyline Road, Permit #GR2021-0016, located on the west side of Skyline Road and northerly of Tamarack Avenue in the city of Carlsbad, San Diego County, California.

The purpose of thi s report is to document that the grading for the Sarem property has been completed in conformance with the recommendations of the project geotechnical reports (references) and that the fill materials have been properly placed and compacted in accordance wi th the project geotechnical reports (referenced) and the City of Carlsbad Grading Ordinance.

GEOLOGIC CONDITIONS
Upon completion of the grading, representative samples were taken from the building areas prior to construction of the foundations for expansion testing and chemical analysis. Subsurface geologic conditions were consistent with those reports listed in the attached References.

SUMMARY OF OBSERVATIONS AND TESTING
Rough Grading
The rough grading and post grading was performed between October 2021 and September 2022 with geotechnical observation and testing provided by Petra Geosciences, Inc. Prior to fill placement, the existing building and site vegetation were stripped and removed from the site . In areas to receive engineered fill, low-density surficial soils, which generally consisted of undocumented artificial fill, residual topsoil, and the upper portions of the paralic deposits were removed to expose competent paralic deposits, as determined EXHIBIT 7
March 12, 2024
Item #8 Page 39 of 135
I

PETRA SOLID AS A ROCK
GEOSCIENCES 1" 0
MR. SCOTT SAREM August 10, 2023
4005 Skyline Drive / Carlsbad J.N. 20-155
Revision 4

by representatives from Petra, including periodic observations by a Petra geologist. The removal depths of native site soils were on the order of 1 to 3 feet below the original ground surface. Building pad was over- excavated a minimum of 3 feet below pad grade. The elevations of removal and over-excavation bottoms were obtained during grading with the grading contractor’s GPS system.

Following removals and over- excavation, the exposed bottom surfaces were scarified approximately 1 foot in depth, moisture -conditioned, as needed to achieve above optimum moisture conditions, and then re - compacted in-place to no less than 95 percent relative compaction below the building pad and 90 percent relative compaction in other areas by track walking with a D -6 dozer and wheel-rolling with other heavy construction equipment. Field density and moisture content tests were performed in accordance with ASTM D 6938 (nuclear gauge method). The limits of site grading, grading bottom cleanout elevations, and field density test locations are shown on the attached, Figure 1. The results of the field density tests are included in Table I. We tested laboratory samples used for fill to evaluate moisture -density relationships, optimum moisture content and maximum dry density (ASTM D 1557). In addition, we obtained soil samples at finish gra de to evaluate expansion potential (ASTM D 4829), water soluble sulfate content (California Test No. 417), water soluble chloride (California Test No. 422), and pH/resistivity (California Test No. 643). The laboratory test results are included in Appendix A.

Fill Slopes

The interior fill slopes were constructed at an inclination of 2:1 (h:v) to heights of approximately 8 feet or less. The fill slopes were built a few feet thick and trimmed back to the compacted core. The fill slopes are considered to be both grossly and surficially stable to the heights and inclinations at which they are constructed.

Foundation Excavations

Foundation excavations for the site retaining walls and the residence were observed by this offic e at the time that they were excavated. Site retaining wall foundations were per County of San Diego standard details and are called out on the Grading Plans by Toal Engineering (Toal, 2022). The residence foundation were designed by NS Structural Engineering (NSSE, 2020). All foundations were observed to be embedded in compacted fill soils placed during site grading and retaining wall backfilling operations , as recommended.

March 12, 2024
Item #8 Page 40 of 135
~PETRA ~ GEOSCIENCES "'~

SOLID AS A ROCK
MR. SCOTT SAREM August 10, 2023
4005 Skyline Drive / Carlsbad J.N. 20-155
Revision 4

Retaining Wall Backdrains/Backfill

Limited observation and testing of retaining wall backfill and observation of backdrains were performed by this office on a part time basis, as requested by the general contractor. Retaining walls were generally provided with a MiraDRAIN and J-drain type back drainage systems. We were not requested and did not observe ultimate drainage connections. A back drain was not installed behind the pickleball court retaining wall at contractors’ convenience. The retaining walls were backfilled with onsite granular soils. F ield density testing and representative probing was performed in the retaining wall backfill to document that 90 percent or more relative compaction was achieved and that the backfill was firm and unyielding. During the course of backfilling, when field density tests indicated a relative compaction of less than the required density or low moisture conditions, the soil was reworked in -place and then retested until the appropriate results were achieved. The field density test locations are plotted on Figure 1. The results of the density tests are included in Table I. Maximum Density/Optimum moisture determinations are included in Figure 1 and Appendix A.

Utility Trench Backfill

Limited observation and testing of utility trench backfill was performed on a part time basis as requested by the general contractor. Field density testing was performed to document that the building pad area and surrounding areas/wall backfill soils exhibited 90 percent or more relative compaction . During the course of backfilling where field density tests indicated a relative compaction of less than the required density or low moisture conditions, the soil was reworked in-place and then retested until the appropriate results were achieved. The field density tests are included as Table I and the test locations are plotted on Figure 1. Based on Petra’s field observations and in-situ density testing, the subject building pad is deemed suitable for the intended use.

Hardscape Subgrades

Limited observation and testing of hardscape subgrade was performed on a part time basis as requested by the general contractor. Field density testing was performed to document that th e areas of proposed hardscape improvements soils exhibited 90 percent or more relative compaction. During the course of backfilling when field density tests indicated a relative compaction of less than the required density or low moisture conditions, the soil was reworked in -place and then retested until the appropriate results were achieved. The field density tests are included as Table I and the test locations are plotted on Figure 1. Based March 12, 2024
Item #8 Page 41 of 135
~PETRA ~ GEOSCIENCES "'~

SOLID AS A ROCK
MR. SCOTT SAREM August 10, 2023
4005 Skyline Drive / Carlsbad J.N. 20-155
Revision 4

on Petra’s field observations and in-situ density testing, the subject building pad is deemed suitable for the intended use.

Swimming Pool

Petra was not requested and did not observe or test the swimming pool excavation or any additional grading that was performed as a part of its construction . Consequently, Petra cannot provide any comment on its suitability from a geotechnical standpoint.

CONCLUSIONS

The geotechnical elements observed and tested by this office have been completed in compliance with the grading codes of the City of Carlsbad and with the recommendations presented in the referenced geotechnical reports prepared by Petra.

A representative of Petra was present on-site on an on-call basis for the purpose of providing the owner's representative with professional opinions and recommendations. These opinions and recommendations were developed based on field observations and selective testing of the contractor's work. Our scope of services during this project did not include supervision or direction of the contractor, his personnel, or his subcontractors. Our observations and testing did not reveal any obvious deviations from the recommendations provided in the referenced geotechnical reports by our firm; however, Petra does not in any way guarantee the contractor's work, nor do our services relieve the contractor (or any subcontractors) of their liability should any defects subsequently be discovered in their work product.

Based on our findings, the conclusions and recommendations presented herein and within the referenced report by our firm were prepared in conformance with generally accepted professional engineering practices. No warranty is expressed or implied.

March 12, 2024
Item #8 Page 42 of 135
~PETRA ~ GEOSCIENCES "'~

SOLID AS A ROCK
MR. SCOTT SAREM August 10, 2023
4005 Skyline Drive / Carlsbad J.N. 20-155
Revision 4

It has been a pleasure to be of service to you on this project . Should you have questions regarding the contents of this report or should you require additional information, please contact this office.

Respectfully submitted,

PETRA GEOSCIENCES, INC.

8/10/23
Jim Larwood Grayson R. Walker
Principal Geologist Principal Engineer
CEG 1897 GE 871

JL/GRW/lv

Attachments: References
Table I – Field Density Test Results
Figure 1 – Density Test Location Map
Appendix A – Laboratory Test Data

Distribution: (1) Addressee
(1) Mr. Nick Deletto (City of Carlsbad)
(1) Mr. Jeff Piva
(1) Mr. Mark Browe
(1) Mr. Caleb Rios

W:\2020-2025\2020\100\20-155\Reports\20-155 300 4th Revised Final Geotechnical Report.docx March 12, 2024
Item #8 Page 43 of 135
~PETRA ~ GEOSCIENCES "'~

SOLID AS A ROCK
MR. SCOTT SAREM August 10, 2023
4005 Skyline Drive / Carlsbad J.N. 20-155
Revision 4

REFERENCES

NS Structural Engineering, Inc., 2020, Foundation Plan for Sarem Residence, 4005 Skyline Road, Carlsbad, dated October 8.

Petra Geosciences, Inc., 2020 a, Preliminary Geotechnical Evaluation, Proposed Two -Story Residence,4005Skyline Road, APN 207 -072-17-00, City of Carlsbad, San Diego County, California, J.N. 18-308, dated May 11.

______, 2020b, Geotechnical Commentary on Soil Infiltration Characteristics, Proposed Two -Story Residence, 4005 Skyline Road, City of Carlsbad, San Diego County, California, J.N. 20-155, dated May 28.

, 2020c, Geotechnical Review of Grading and Foundation Plans, Proposed Two-Story Residence, 4005 Skyline Road, City of Carlsbad, San Diego County, California, J.N. 20 -155, dated October 20.

Toal Engineering, Inc., 2022, Grading Plans for Sarem Residence (4005 Skyline Road) GR2021 -0016, Sheets 2, 4 and 5, dated February 3.

March 12, 2024
Item #8 Page 44 of 135
~PETRA ~ GEOSCIENCES "'~

SOLID AS A ROCK
TABLE 1
Field Density Test Results
Test
Date
Test
No. Test Location Elev.

Soil
Type
Test
Type*
Rel.

Comp.

Proj.

Spec.

Pass/
Fail
(ft) Opt. Field Max. Field (%) (%) (P/F)
10/27/2021 1 Sports CourtSouthwest corner 273.0 1 10.0 9.6 124.0 115.5 N 93 90.0 P 10/27/2021 2 Sport CourtSouthwest corner 273.0 1 10.0 9.3 124.0 117.6 N 94 90.0 P 10/28/2021 3 Sport CourtCenter 274.0 1 10.0 8.0 124.0 114.9 N 92 90.0 P 10/28/2021 4 Retest # 3 274.0 1 10.0 9.9 124.0 119.5 N 96 90.0 P 10/29/2021 5 Northwest corner 20’ east of the center of the biofiltration area 277.0 1 10.0 8.6 124.0 115.9 N 93 90.0 P 10/29/2021 6 North side center of sport court 275.0 1 10.0 10.4 124.0 112.2 N 90 90.0 P 10/29/2021 7 Retest # 5 277.0 1 10.0 10.5 124.0 115.3 N 92 90.0 P 10/29/2021 8 Proposed pool center 278.0 1 10.0 10.7 124.0 116.1 N 93 90.0 P 11/01/2021 9 South west side of proposed pool area 280.0 1 10.0 10.9 124.0 114.1 N 92 90.0 P 11/02/2021 10 South east side of proposed pool area 282.0 1 10.0 10.8 124.0 116.8 N 94 90.0 P 11/03/2021 11 Northeast side of proposed pool area 282.0 1 10.0 11.5 124.0 118.1 N 95 90.0 P 11/04/2021 12 East of pool area 285.0 1 10.0 6.1 124.0 111.7 N 90 90.0 P 11/04/2021 13 South side east of pool area 285.0 1 10.0 9.1 124.0 116.6 N 94 90.0 P 11/04/2021 14 Retest # 13 285.0 1 10.0 9.8 124.0 120.6 N 97 90.0 P 11/04/2021 15 Retest # 12 285.0 1 10.0 8.7 124.0 113.9 N 91 90.0 P 11/04/2021 16 Retest # 15 285.0 1 10.0 10.3 124.0 121.2 N 97 90.0 P 11/05/2021 17 Northeast side center centerline of pool area 287.0 1 10.0 12.3 124.0 119.2 N 96 90.0 P 11/05/2021 18 Pool west side slope face center of pool 282.0 1 10.0 11.3 124.0 108.5 N 87 90.0 F 11/09/2021 19 North side of pool area slope 283.0 1 10.0 9.8 124.0 118.1 N 95 90.0 P 11/09/2021 20 South side of pool area slope 286.0 1 10.0 10.9 124.0 116.6 N 94 90.0 P 11/09/2021 21 East of pool area proposed pervious paving area 290.0 1 10.0 10.8 124.0 121.1 N 97 90.0 P 11/09/2021 22 East of pool area proposed pervious paving area 290.0 1 10.0 10.7 124.0 123.2 N 99 90.0 P 11/10/2021 23 Northeast side pool area slope over build 288.0 1 10.0 10.4 124.0 123.9 N 99 90.0 P 11/10/2021 24 Southeast side pool area over build 288.0 1 10.0 10.4 124.0 119.2 N 96 90.0 P 11/10/2021 25 North side center pool area slope face 285.0 1 10.0 10.5 124.0 117.4 N 94 90.0 P 11/10/2021 26 South side center pool area slope face 285.0 1 10.0 10.2 124.0 115.6 N 93 90.0 P 11/15/2021 27 South side center of the property between grading stakes #6077 to #6074 290.0 1 10.0 10.4 124.0 123.1 N 99 95.0 P 11/15/2021 28 North side center of property between grading stakes #6076 to #6075 288.0 1 10.0 14.2 124.0 116.0 N 93 90.0 P 11/16/2021 29 North side center of property grading stake #6075 291.0 1 10.0 11.6 124.0 119.0 N 95 95.0 P 11/16/2021 30 Northeast corner#2-Car Garage 296.0 1 10.0 12.4 124.0 119.5 N 96 90.0 P 11/16/2021 31 North east side between grading stakes #6085 to #6075 289.0 1 10.0 12.4 124.0 115.5 N 93 90.0 P 11/17/21 32 2 Car Garage Area 291.0 1 10.0 11.4 124.0 123.2 N 99 95 P 12/20/2021 33 Proposed gym area 295.0 3 9.0 10.1 125.0 119.7 N 95 95.0 P 12/20/2021 34 Main level 290.0 3 9.0 10.6 125.0 120.2 N 96 95.0 P 12/20/2021 35 Main level 290.0 3 9.0 11.3 125.0 121.1 N 96 95.0 P 12/21/2021 36 Gym area 296.0 3 9.0 10.6 125.0 119.9 N 95 95.0 P 12/22/2021 37 Main house pad 292.0 3 9.0 10.7 125.0 120.9 N 96 95.0 P Moisture
(%)
Dry Density
(pcf)
Grading
PETRA GEOSCIENCES, INC.

J.N. 20-155 Sarem Residence
1/9/2023
1 of 2
March 12, 2024
Item #8 Page 45 of 135
TABLE 1
Field Density Test Results
12/22/2021 38 1 car garage area 298.0 3 9.0 11.2 125.0 119.4 N 95 95.0 P 12/22/2021 39 2 car garage area 298.0 3 9.0 10.8 125.0 121.1 N 96 95.0 P 12/22/2021 40 Gym area 299.0 3 9.0 10.7 125.0 120.2 N 96 95.0 P 12/22/2021 41 Main house pad 292.0 3 9.0 10.6 125.0 119.1 N 95 95.0 P 12/22/2021 42 Main house pad 294.0 3 9.0 10.3 125.0 120.5 N 96 95.0 P 02/24/2022 43 Southwest corner of main house pad 296.0 1 10.0 9.4 124.0 119.9 N 96 95.0 P 02/24/2022 44 Southeast corner of pad south of the garage #1 297.0 1 10.0 9.4 125.0 121.6 N 97 95.0 P 02/25/2022 45 Southeast corner of pad east of garage #1 302.0 1 10.0 9.0 125.0 123.9 N 99 95.0 P 05/13/2022 46 SWC SPORTS COURT 277.0 1 10.0 11.9 124.0 119.3 N 96 95.0 P 07/15/2022 47 SOUTHEAST PAD CORNER GARAGE 297.0 1 10.0 6.9 124.0 113.9 N 91 95.0 F 07/15/2022 48 RETEST 47 297.0 1 10.0 9.8 124.0 118.4 N 95 95.0 P 01/31/2022 1 Southeast side of Bio-filtration basin 271.8 1 10.0 13.2 124.0 119.6 N 96 90.0 P 01/31/2022 2 Northeast side of basin 273.6 1 10.0 10.9 124.0 113.1 N 91 90.0 P 02/01/2022 3 South side of bio filtration 272.0 1 10.0 11.7 124.0 116.0 N 93 90.0 P 02/01/2022 4 Northeast side center of the bio filtration basin 276.0 1 10.0 10.6 124.0 107.3 N 86 90.0 F 02/01/2022 5 Retest # 4 276.0 1 10.0 9.6 124.0 113.4 N 91 90.0 P 05/13/2022 6 NWC SPORTS COURT 276.0 1 10.0 7.6 124.0 110.6 N 89 90.0 F 05/13/2022 7 RETEST # 6 276.0 1 10.0 9.0 124.0 119.3 N 96 90.0 P 05/18/2022 8 SPORTS COURT 278.0 1 10.0 8.3 124.0 115.5 N 93 90.0 P 05/18/2022 9 RETEST 8 278.0 1 10.0 11.0 124.0 118.5 N 95 90.0 P 05/20/2022 10 EAST SIDE RETAINING WALL NORTH 296.0 1 10.0 11.7 124.0 114.5 N 92 90.0 P 05/20/2022 11 EAST SIDE RETAINING WALL SOUTH 295.0 1 10.0 10.0 124.0 114.4 N 92 90.0 P 06/22/2022 12 PICKLE BALL COURT N. SIDE 278.0 1 10.0 10.9 124.0 116.6 N 94 90.0 P 06/22/2022 13 PICKLE BALL COURT N. SIDE 278.0 1 10.0 10.4 124.0 116.0 N 93 90.0 P 06/30/2022 14 WEST SIDE RETAINING WALL 283.0 1 10.0 9.7 124.0 121.6 N 98 95.0 P 07/15/2022 15 SOUTHWEST CORNER PAD FOUNDATION WALL 297.0 1 10.0 9.3 124.0 118.1 N 95 95.0 P 07/15/2022 16 SOUTHWEST SIDE PAD FOUNDATION WALL CENTER 297.0 1 10.0 9.7 124.0 115.6 N 93 95.0 F 07/15/2022 17 RETEST 16 297.0 1 10.0 9.8 124.0 119.3 N 96 95.0 P 09/07/2022 18 NORTHEASTS SIDE WALL 294.0 1 10.0 10.5 124.0 121.0 N 97 95.0 P 09/07/2022 19 NORTHEASTS SIDE WALL 295.0 1 10.0 9.4 124.0 123.2 N 99 95.0 P 09/07/2022 20 NORTHEASTS GARAGE WALL 300.0 1 10.0 11.1 124.0 119.9 N 96 95.0 P * Test Type - N = Nuclear Gauge; DT= Drive Tube; SC = Sand Cone Description
Reddish Brown Silty fine to coarse grained Sand with clay Reddish Brown fine to medium grained Sand with silt
Reddish Brown fine to medium grained Sand with clay
Retaining Walls
Max. Dry
Density (pcf)
124.0
Optimum
Moisture (%)
Laboratory Maximum Dry Density
No.
1 Import 2
3 125.0

10.0 125.0

9.0 9.0
PETRA GEOSCIENCES, INC.

J.N. 20-155 Sarem Residence
1/9/2023
2 of 2
March 12, 2024
Item #8 Page 46 of 135
Base Map: Precise Grading Plan, 4005 Skyline Drive, Carlsbad, California; Plans by Toal Engineering, Inc., Sheet 2 dated JULY 23, 2021 500 La Terraza Blvd., Suite 150
Escondido, California 92025
PHONE: (858) 649-3707

COSTA MESA TEMECULA LOS ANGELES PALM DESERT CORONA SAN DIEGO

DENSITY TEST LOCATION MAP
4005 Skyline Drive
Carlsbad, California
DATE: January,2023
J.N.: 20-155
Figure 1
PETRA GEOSCIENCES, INC.

EXPLANATION
Approximate Bottom Elevation245
Approximate Limits of this Report
Approximate Location of Field Density Test, Grading48
1 213,4
18 22
20 6 17
2 5,7
10 9 8
11 12,
15,16
13,14
19 30
22 3239
3833
36 40
35 41
31 34 43
3742
27 29
28 23
25 24
26 44
4546 47
48 20 Approximate Location of Field Density Test, Retaining Wall 1 2
36,7
8,9
14 10
11 12
13 4,5
15 16,17
18,19
20291
291 294
294
296
294
296
288
289
2721
273 283
291 Approximate Removal Bottom Elevation, Above Mean Sea Level March 12, 2024
Item #8 Page 47 of 135
_... 'l

APPENDIX A

LABORATORY TEST PROCEDURES

LABORATORY DATA SUMMARY

March 12, 2024
Item #8 Page 48 of 135
~PETRA ~ GEOSCIENCES "'~

SOLID AS A ROCK

_____________________________________________________ ______________________________________

PETRA GEOSCIENCES, INC. Laboratory Address: 1251 W. Pomona Road, Unit 103, Corona, CA, 92882 J.N. 20-155

LABORATORY TEST PROCEDURES

Laboratory Maximum Dry Density

Maximum dry density and optimum moisture content were determined for selected samples of soil in accordance with ASTM D 1557. Pertinent test values are given on Plate A-1.

Expansion Index

Expansion index tests were performed on selected samples of finish pad grade soil materials in accordance with ASTM D 4829. Expansion potential classifications were determined from the 2019 CBC Section 1803.5.3 on the basis of the expansion index values. Test results and expansion potentials are presented on Plates A-1.

Corrosivity

Chemical analyses were performed on selected samples of finish pad grade soil to determine concentrations of soluble sulfate and chloride, as well as pH and resistivity. These tests were performed in accordance with California Test Method Nos. 417 (sulfate), 422 (chloride) and 643 (pH and resistivity). Test results are included on Plate A-1.

March 12, 2024
Item #8 Page 49 of 135
MR. SCOTT SAREM August 10, 2023
4005 Skyline Drive / Carlsbad J.N. 20-155
Revision 4

_____________________________________________________ ______________________________________

PETRA GEOSCIENCES, INC. Laboratory Address: 1251 W. Pomona Road, Unit 103, Corona, CA, 92882 J.N. 20-155 PLATE A-1
Laboratory Maximum Dry Density
Sample No. Soil Type
Optimum
Moisture1
(%)
Maximum
Dry Density1
(pcf)
1 Reddish Brown, Silty fine to coarse grained Sand with clay 10.0 124.0 Import 2 Reddish Brown, fine to medium grained Sand with silt 9.0 125.0 3 Reddish Brown, fine to medium grained Sand with clay 9.0 125.0 (1) PER ASTM D 1557

Expansion Index
Sample Location Mass Grade Lot Number and
Representative Lots
Expansion1
Index
Expansion2
Potential
Pad-South South side of lot 0 Very Low
Pad-North North side of lot 0 Very Low
(1) PER ASTM D 4829
(2) PER 2019 CBC Section 1803.5.3

Corrosivity
Sample
Location
Sulfate1
(%)
Chloride2
(ppm) pH3 Resistivity3
(ohm-cm) Corrosivity Potential
Pad 0.0102 118 7.83 3,700 Concrete = Moderate
Steel = Moderately Corrosive
(1) PER CALIFORNIA TEST METHOD NO. 417
(2) PER CALIFORNIA TEST METHOD NO. 422
(3) PER CALIFORNIA TEST METHOD NO. 643

March 12, 2024
Item #8 Page 50 of 135

9.5.2023
EXHIBIT 8
March 12, 2024
Item #8 Page 51 of 135
DocuSign Envelope ID: DF442E30-62D9-496A-98B0-C3E286D8DE1A

GRADING NOTES
(IN ADDITION TO THE REQUIREMENTS OF CHAPTER 15. 16 OF THE CARLSBAD MUNICIPAL CODE.)

1. THIS PLAN SUPERCEDES ALL OTHER PLANS PREV/OUSL Y APPROVED BY THE CITY OF CARLSBAD REGARDING GRADING SHOWN ON THIS SET OF PLANS.

2. APPROVAL OF THIS PLAN DOES NOT LESSEN OR WAIVE ANY PORTION OF THE

CARLSBAD MUNICIPAL CODE, RESOLUTION OF CONDITIONAL APPROVAL, CITY

STANDARDS OR OTHER ADDITIONAL DOCUMENTS LISTED HEREON AS THEY MAY PERTAIN TO THIS PROJECT. THE ENGINEER IN RESPONSIBLE CHARGE SHALL REVISE THESE PLANS WHEN NON-CONFORMANCE IS DISCOVERED.

3. CITY APPROVAL OF PLANS DOES NOT RELIEVE THE DEVELOPER OR ENGINEER-OF­

WORK FROM RESPONSIBILITY FOR THE CORRECTION OF ERRORS AND OMISSIONS DISCOVERED DURING CONSTRUCT/ON. ALL PLAN REVISIONS SHALL BE PROMPTLY SUBMITTED TO THE CITY ENGINEER FOR APPROVAL.

4. A RIGHT-OF-WAY PERMIT FROM THE CITY ENGINEER WILL BE REQUIRED FOR ANY

WORK IN THE PUBLIC RIGHT OF WAY PRIOR TO PERMIT ISSUANCE, A

CERT/FICA TE OF INSURANCE AS WELL AS ADDITIONAL INSURED ENDORSEMENT MUST BE

FILED NAMING THE CITY OF CARLSBAD AS AN ADDITIONAL INSURED ON THE PERMITTEE'S POLICY IN THE MINIMUM AMOUNT OF $1,000,000.00 FOR EACH OCCURRANCE OF LIABILITY. THE INSURANCE COMPANY WRITING THE POLICY MUST HAVE A RATING OF "A-" OR BETTER AND A SIZE CATEGORY OF CLASS VII OR BETTER AS ESTABLISHED BY "BESTS" KEY RA TING GUIDE.

5. NO WORK SHALL BE COMMENCED UNTIL ALL PERMITS HAVE BEEN OBTAINED FROM THE Cl TY AND OTHER APPROPRIATE AGENCIES.

6. APPROVAL OF THESE PLANS BY THE CITY ENGINEER DOES NOT AUTHORIZE ANY

WORK OR GRADING TO BE PERFORMED UNTIL THE PROPERTY OWNER'S PERMISSION HAS BEEN OBTAINED AND A VALID GRADING PERMIT HAS BEEN ISSUED.

7. NO REVISIONS WILL BE MADE TO THESE PLANS WITHOUT THE WRITTEN APPROVAL

OF THE CITY ENGINEER, NOTED WITHIN THE REVISION BLOCK, ON THE APPROPRIATE SHEET OF THE PLANS AND THE TITLE SHEET.

B. ORIGINAL DRAWINGS SHALL BECOME THE PROPERTY OF THE CITY UPON BEING SIGNED BY THE CITY ENGINEER.

9. THE ORIGINAL ORA WING SHALL BE REVISED TO REFLECT AS-BUILT CONDITIONS

BY THE ENGINEER-OF-WORK PRIOR TO FINAL ACCEPTANCE OF THE WORK BY THE CITY

10. ACCESS FOR FIRE AND OTHER EMERGENCY VEHICLES SHALL BE MAINTAINED TO THE PROJECT SITE AT ALL TIMES DURING CONSTRUCTION.

11. WHERE TRENCHES ARE WITHIN CITY EASEMENTS, A SOILS REPORT COMPRISED OF: (A) SUMMARY SHEET, (B) LABORATORY WORK SHEETS AND (C) COMPACTION

CURVES, SHALL BE SUBMITTED BY A PROFESSIONAL ENGINEER OF THE STA TE OF

CALIFORNIA, PR/NC/PALLY DOING BUSINESS IN THE FIELD OF APPLIED SOILS MECHANICS. THE SOILS REPORT WILL BE SUBMITTED TO THE CITY ENGINEERING INSPECTOR WITHIN TWO WORKING DAYS OF THE COMPLETION OF FIELD TESTS.

12. A SOILS COMPACTION REPORT AND COMPLIANCE VER/FICA TION REGARDING

ADHERENCE TO RECOMMENDATIONS OUTLINED IN THE SOILS REPORT IS REQUIRED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. ALL CONTROLLED GRADING

SHALL BE DONE UNDER THE DIRECTION OF A PROFESSIONAL ENGINEER OF THE

STA TE OF CALIFORNIA PR/NC/PALLY DOING BUSINESS IN THE FIELD OF APPLIED SOILS MECHANICS. ALL FILL OR FUTURE FILL AREAS SHALL BE CONSTRUCTED IN

ACCORDANCE WITH THE CITY OF CARLSBAD STANDARD SPECIF/CATIONS AND THE " EARTHWORK SPEC/FICA TIONS " A TT ACHED TO THE PRELIMINARY SO/LS INVEST/GA TION. DAILY FIELD COMPACTION REPORTS WILL BE SUBMITTED TO THE PROJECT INSPECTOR.

13. A PRECONSTRUCTION MEETING SHALL BE HELD AT THE SITE PRIOR TO THE BEGINNING Of WORK A ND SHA 11 BE A TTENDED BY A II REPRESEN TA Tl Yf5 RESPONSIBLE FOR CONSTRUCTION. INSPECTION. SUPERVISION, TESTING AND ALL OTHER A$PECTS OF THE WORK THE CONTRACTOR SHALL REQUEST A PRECDNSTRUCTION MEETING BY CALLING THE INSPECTION LINE AT (760) 438-3891 AT LEAST FIVE(5) WORKING DAYS PRIOR TO STARTING CONSTRUCTION. THE CONTRACTOR WILL THEN BE

CONTACTED BY THE PROJECT INSPECTOR TO COORDINATE A DA TE ANO TIME FOR THE PRECONSTRUCTION MEETING. APPROVED DRAWINGS MUST BE AVAILABLE PRIOR TO SCHEDULING. THE GRADING PERMIT fWLL BE PROVIDED BY THE PROJECT INSPECTOR AT THE MEETING.

14. All INSPECTION RfQl/fSIS OTHER THAN FOR PRFCONSTRllCTION MEETING W/II BE MADE BY CAI I ING THE ENGINFFRING 24 HQIIR INSPECTION RfQIIFST I INE A I (760) 438-3891. INSPECTION REQUEST MUST BE RECEIVED PRIOR TO 2: 00 P.M.

ON THE DAY BEFORE THE INSPECTION IS NEEDED. INSPECTIONS WILL BE MADE THE NEXT WORK DAY UNLESS YOU REQUEST OTHERWISE. REQUESTS MADE AFTER 2: 00 P.M. WILL BE SCHEDULED FOR TWO FULL WORK DAYS LATER.

15. THE OWNER AND/OR APPLICANT THROUGH THE DEVELOPER AND/OR CONTRACTOR

SHALL DESIGN, CONSTRUCT AND MAINTAIN ALL SAFETY DEVICES, INCLUDING

SHORING, AND SHALL BE SOLELY RESPONSIBLE FOR CONFORMING TO ALL LOCAL, STA TE AND FEDERAL SAFETY AND HEAL TH STANDARDS, LAWS AND REGULATIONS.

16. THE CONTRACTOR SHALL CONFORM TO LABOR CODE SECTION 6705 BY SUBMITTING

A DETAIL PLAN TO THE CITY ENGINEER AND/OR CONCERNED AGENCY SHOWING

THE DESIGN OF SHORING, BRACING SLOPING OR OTHER PROVISIONS TO BE MADE

OF WORKER PROTECTION FROM THE HAZARD OF CAVING GROUND DURING THE

EXCAVATION OF SUCH TRENCH OR TRENCHES OR DURING THE PIPE INSTALLA T/ON THEREIN. THIS PLAN MUST BE PREPARED FOR ALL TRENCHES FIVE FEET (5') OR

MORE IN DEPTH AND APPROVED BY THE CITY ENGINEER AND/OR CONCERNED AGENCY PRIOR TO EXCAVATION. IF THE PLAN VARIES FROM THF SHORING SYSTFM STANDARDS ESTABLISHED BY THE CONSTRUCTION SAFETY ORDERS. TITLE 8

CALIFORNIA ADMIN/STRA TIVE CODE THE PLAN SHALL BE PREPARED BY A

REGISTERED ENGINEER AT THE CONTRACTORS EXPENSE A COPY OF THE OSHA

EXCAVATION PERMIT MUST BE SUBMITTED TO THE INSPECTOR PRIOR TO EXCAVATION.

17. NO BLASTING SHALL BE PERFORMED UNTIL A VALID BLASTING PERMIT HAS BEEN OBTAINED FROM THE CITY OF CARLSBAD. SUBMIT APPL/CATION FOR BLASTING PERMIT WELL IN ADVANCE OF THE SCHEDULING OF BLASTING OPERATIONS.

18. IF ANY ARCHAEOLOGICAL RESOURCES ARE DISCOVERED WITHIN ANY WORK AREA DURING CONSTRUCTION, OPERATIONS WILL CEASE IMMEDIA TEL)'. AND THE PERM/TT££ WILL NOTIFY THE CITY ENGINEER. OPERATIONS WILL NOT RESTART UNTIL THE PERM/TT££ HAS RECEIVED WRITTEN AUTHORITY FROM THE CITY ENGINEER TO 00 SO.

19. ALL OPERATIONS CONDUCTED ON THE SITE OR ADJACENT THERETO, INCLUDING

WARMING UP, REPAIR, ARRIVAL, DEPARTURE OR OPERATION OF TRUCKS,

EARTHMOVING EQUIPMENT, CONSTRUCT/ON EQUIPMENT AND ANY OTHER ASSOCIATED GRADING EQUIPMENT SHALL BE LIMITED TO THE PERIOD BETWEEN 7: 00 A.M. AND 6: 00 P.M. EACH DAY, MONDAY THRU FRIDAY AND NO EARTHMOVING OR GRADING OPERATIONS SHALL BE CONDUCTED ON WEEKENDS OR HOLIDAYS. (A LIST OF CITY HOLIDAYS IS AVAILABLE AT THE ENGINEERING DEPARTMENT COUNTER.)

20. ALL OFF-SITE HAUL ROUTES SHALL BE SUBMITTED BY THE CONTRACTOR TO THE

CITY ENGINEER FOR APPROVAL TWO FULL WORKING DAYS PRIOR TO BEGINNING OF WORK.

21. IMPORT MA TERI AL SHALL BE OBTAINED FROM, AND WASTE MA TERI AL SHALL 8£ DEPOSITED AT, A SITE APPROVED BY THE CITY ENGINEER. THE CONTRACTOR

SHALL BE RESPONSIBLE FOR ANY DEBRIS OR DAMAGE OCCURRING ALONG THE HAUL ROUTES OR ADJACENT STREETS AS A RESULT OF THE GRADING OPERATION.

22. BRUSH SHALL BE REMOVED ONLY WITHIN THE AREA TO BE GRADED. NO TREES ARE TO BE REMOVED UNLESS SPECIF/CALLY NOTED ON THE PLAN.

23. ALL AREAS SHALL BE GRADED TO DRAIN. GRADING RESULTING IN THE PONDING OF WATER IS NOT PERMITTED. ALL EARTHEN SWALES AND DITCHES SHALL HA VE A MINIMUM ONE PERCENT SLOPE.

24. THESE PLANS ARE SUBJECT TO A SIGNED AND APPROVED SWPPP ANO/OR SET OF EROSION CONTROL PLANS. EROSION CONTROL SHALL BE AS SHOWN ANO AS APPROVED BY THE CITY ENGINEER OR AS DIRECTED BY THE PROJECT INSPECTOR.

25. ALL SLOPES SHALL BE TRIMMED TO A FINISH GRADE TO PRODUCE A UNIFORM SURFACE AND CROSS SECTION. THE SITE SHALL BE LEFT IN A NEAT AND ORDERLY CONDITION. ALL STONES, ROOTS OR OTHER DEBRIS SHALL BE REMOVED AND DISPOSED OF AT A SITE APPROVED OF BY THE CITY ENGINEER.

26. ALL SLOPES SHALL BE /RR/GA TED, STABILIZED, PLANTED ANO/OR HYDROSEEDEO WITHIN TEN (10) DAYS OF THE TIME WHEN EACH SLOPE IS BROUGHT TO GRADE AS SHOWN ON THE APPROVED GRADING PLANS.

27. LANDSCAPING SHALL BE ACCOMPLISHED ON ALL SLOPES ANO PADS AS REQUIRED

BY THE CITY OF CARLSBAD LANDSCAPE MANUAL, THE LANDSCAPING PLANS FOR THIS PROJECT, DRAWING NO. DWG 531-ll , ANO/OR AS DIRECTED BY THE Cl TY ENGINEER OR PLANNING DIRECTOR.

28. THE OWNER/APPLICANT SHALL INSURE THAT ALL CONTRACTORS SHALL COORDINATE

THE WORK OF THESE GRADING PLANS WITH THAT SHOWN ON BOTH THE LANDSCAPE

AND /RR/GA TION PLANS AND THE IMPROVEMENT PLANS AS REQUIRED FOR THIS WORK IN ACCORDANCE WITH THE LANDSCAPE MANUAL TIME REQUIREMENTS.

29. WHERE AN EXISTING PIPE LINE IS TO BE ABANDONED AS A RESULT OF THE GRADING OPERATION, IT SHALL 8£ REMOVED WITHIN TWENTY FEET OF BUILDING OR STREET AREAS ANO REPLACED WITH PROPERLY COMPACTED SOILS. IN OTHER

AREAS THE PIPE WILL BE PLUGGED WITH CONCRETE OR REMOVED AS APPROVED BY THE Cl TY ENGINEER.

30. THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL EXISTING FACILITIES ( ABOVE GROUND ANO UNDER GROUND ) WITHIN THE PROJECT SITE SUFFICIENTLY

AHEAD OF GRADING TO PERMIT THE REVISION OF THE GRADING PLANS IF IT IS

FOUND THAT THE ACTUAL LOCATIONS ARE IN CONFLICT WITH THE PROPOSED WORK.

31. THE CONTRACTOR SHALL NOTIFY AFFECTED UTILITY COMPANIES (SEE BELOW) AT LEAST 2 FULL WORKING DAYS PRIOR TO STARTING GRADING NEAR THEIR FACILITIES AND SHALL COORDINATE THE WORK WITH A COMPANY REPRESENTATIVE.

UNDERGROUND SERVICE ALERT (DIG ALERT) 811
SDG&E (800)411-7343
AT&T (619)237-2787
SPECTRUM CABLE (800)227-2600
COX COMMUNICATIONS (619)262-1122
CITY OF CARLSBAD(STREETS & STORM DRAIN) (760)434-2980
"CITY OF CARLSBAD(SEWER,WATER & RECLAIMED WATER) (760)438-2722 *SAN 0/EGUITO WATER DISTRICT (760)633-2650
*LEUCADIA WASTEWATER DISTRICT (760)753-0155
*VALLEC/TOS WATER DISTRICT (760)744-0460
*OLIVENHAIN WATER DISTRICT (760)753-6466
"BUENA SAN/TA TION DISTRICT (760)726-1340 x1330
*AS APPROPRIATE

32. PERMIT COMPLIANCE REQUIREMENTS:

A. FOR CONTROLLED GRADING -THE APPLICANT HIRES A CIVIL ENGINEER,

SOILS ENGINEER, AND/OR GEOLOGIST TO GIVE TECHNICAL ADVICE, OBSERVE AND CONTROL THE WORK IN PROGRESS {15.16.120 A.BJ CARLSBAD MUNICIPAL CODE.

B. PRIOR TO COMPLETION OF GRADING WORK -THE FOLLOWING

REPORTS MUST BE SUBMITTED TO THE CITY ENGINEER VIA THE
PROJECT INSPECTOR PER SECTION 15.16.120 OF THE CARLSBAD MUNICIPAL CODE:
(1) FINAL REPORT BY SUPERVISING GRADING ENGINEER STA TING ALL GRADING IS COMPLETE. ALL EROSION CONTROL, SLOPE PLANTING

AND IRRIGATION ARE INSTALLED IN CONFORMANCE WITH CITY

CODE AND THE APPROVED PLANS (OBTAIN SAMPLE OF COMPLIANCE LETTER FROM CITY ENGINEERING DEPARTMENT).
(2) AS-BUILT GRADING PLAN.
(3) REPORT FROM THE SOILS ENGINEER, WHICH INCLUDES

RECOMMENDED SOIL BEARING CAPACITIES, A STATEMENT AS TO

THE EXPANSIVE QUALITY OF THE SOIL, AND SUMMARIES OF
FIELD AND LABORATORY TESTS. THE REPORT SHALL ALSO

INCLUDE A STATEMENT BY THE SOILS ENGINEER THAT THE

GRADING WAS DONE IN ACCORDANCE WITH THE REQUIREMENTS AND

RECOMMENDATIONS OUTLINED IN THE PRELIMINARY SOILS REPORT ANO ANY SUPPLEMENTS THERETO.
( 4) REPORT WITH AS-BUILT GEOLOGIC PLAN, IF REQUIRED BY THE CITY.
(5) PERMANENT STRUCTURAL BMP INSTALLATION CERTIFICATE.
(6) PERMITTED WALL FINAL INSPECTION REPORT.

33. UNLESS A GRADING PERMIT FOR THIS PROJECT IS ISSUED WITHIN ONE (1)

YEAR AFTER THE CITY ENGINEER'S APPROVAL, THESE PLANS MAY BE REQUIRED TO BE RESUBMITTED FOR PLANCHECK. PLANCHECK FEES WILL BE REQUIRED FOR ANY SUCH RECHECK.

34. IN ACCORDANCE WITH THE CITY STORM WATER STANDARDS, ALL STORM DRAIN INLETS CONSTRUCTED BY THIS PLAN SHALL INCLUDE "STENCILS" BE ADDED TO PROHIBIT WASTEWATER DISCHARGE DOWNSTREAM. STENCILS SHALL BE ADDED TO THE SA TISFACT/ON OF THE CITY ENGINEER.
"DECLARATION OF RESPONSIBLE CHARGE"

I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, THAT I

HA VE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS.

I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPECIF/CATIONS BY THE

CITY OF CARLSBAD DOES NOT RELIEVE ME, AS ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR PROJECT DESIGN.

EROSION CONTROL NOTES

1. IN CASE EMERGENCY WORK IS REQUIRED, CONTACT JEFF PIVA AT 060) 500-1276 (PHONE NUMBER)

2. EQUIPMENT AND WORKERS FOR EMERGENCY WORK SHALL BE MADE AVAILABLE AT ALL TIMES DURING THE RAINY SEASON. ALL NECESSARY MATERIALS SHALL BE STOCKPILED ON

SITE AT CONVENIENT LOCATIONS TO FAG/LITA TE RAPID CONSTRUCTION OF TEMPORARY DEVICES WHEN RAIN IS EMINENT.

3. FOR PROJECTS COVERED BY STA TE SWPPP /WDID, IN ACCORDANCE fWTH THE CONSTRUCTION

ORDER ISSUED BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, THE

QUALIFIED SWPPP PRACTITIONER (QSP) SHALL UPDATE AND MAINTAIN THE WATER POLLUTION CONTROL (WPC) PLAN TO AD6RESS UPDATED SITE CONDITIONS OF THE PROJECT.

THE UPDATED WPC PLAN ANO UPDATED SWPPP SHALL BE KEPT AT THE PROJECT SITE AND MADE AVAILABLE TO THE CITY INSPECTOR. ADDITIONAL CONSTRUCTION BMP'S BEYOND THE

ORIGINAL APPROVED SWPPP SHALL BE PROVIDED TO ADDRESS SITE CONDITIONS NOT ANTIC/PA TEO. THE QSP SHALL REPORT BMP DEFICIENCIES TO THE CITY INSPECTOR. THE

QSP SHALL OBTAIN APPROVAL FROM THE QUALIFIED SWPPP DEVELOPER AND THE CITY INSPECTOR REGARDING ANY SIGNIFICANT CHANGES TO BMP DEPLOYMENT.

4. THE CONTRACTOR SHALL RESTORE ALL EROSION CONTROL DEVICES TO WORKING ORDER TO THE SATISFACTION OF THE CITY ENGINEER AFTER EACH RUN-OFF PRODUCING RAINFALL.

5. THE CONTRACTOR SHALL INSTALL ADDITIONAL EROSION CONTROL MEASURES AS MAY BE

REQUIRED BY THE CITY ENGINEER DUE TO UNCOMPLETED GRADING OPERATIONS OR UNFORESEEN CIRCUMSTANCES WHICH MAY AR/SE.

6. THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE NECESSARY PRECAUTIONS TO

PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATERS CREA TE A HAZARDOUS CONDITION.

7. ALL EROSION CONTROL MEASURES PROVIDED PER THE APPROVED SWPPP AND/OR EROSION CONTROL PLAN SHALL BE INCORPORATED HEREON.

8. GRADED AREAS AROUND THE PROJECT PERIMETER MUST DRAIN AWAY FROM THE FACE OF

SLOPE AT THE CONCLUSION OF EACH WORKING DAY

9. ALL REMOVABLE PROTECTIVE DEVICES SHOWN SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN THE FIVE (5) DAY RAIN PROBABILITY FORECAST EXCEEDS FIFTY PERCENT (50%). SILT ANO OTHER DEBRIS SHALL BE REMOVED AFTER EACH RAINFALL.

10. ALL GRAVEL BAGS SHALL BE BURLAP TYPE WITH 3/4 INCH MINIMUM AGGREGRA TE.

11. SHOULD GERM/NATION OF HYDROSEEDED SLOPES FAIL TO PROVIDE EFFECTIVE COVERAGE OF GRADED SLOPES (90% COVERAGE) PRIOR TO NOVEMBER 15, THE SLOPES SHALL BE STABILIZED BY PUNCH STRAW INSTALLED IN ACCORDANCE WITH SECTION 35.023 OF THE

EROSION AND SEDIMENT CONTROL HANDBOOK OF THE DEPARTMENT OF CONSERVATION, STA TE OF CALIFORNIA.

TEMPORARY EROSION CONTROL

PLANTING AND IRRIGATION

ALL PERMANENT AND TEMPORARY EROSION CONTROL PLANTING AND /RR/GA T/ON SHALL BE INSTALLED ANO MAINTAINED AS REQUIRED IN SECTION 212 OF THE STANDARD SPECIF/CATIONS AND THE FOLLOWING:

A. HYDROSEED/NG SHALL BE APPLIED TO:

1. ALL SLOPES THAT ARE GRADED 6: 1 (HORIZONTAL TO VERTICAL) OR STEEPER WHEN THEY ARE:
a. THREE FEET OR MORE IN HEIGHT AND ADJACENT TO A
PUBLIC WALL OR STREET.
b. ALL SLOPES 4 FEET OR MORE IN HEIGHT.

2. AREAS GRADED FLATTER THAN 6: 1 WHEN ANY OF THE FOLLOWING CONDITIONS EXIST:
a. NOT SCHEDULED FOR IMPROVEMENTS(CONSTRUCT/ON OR GENERAL LANDSCAPING) WITHIN 60 DAYS OF ROUGH GRADING.
b. IDENTIFIED BY THE PARKS AND RECREATION DIRECTOR AS HIGHLY VISIBLE TO THE PUBLIC.
c. HA VE ANY SPECIAL CONDITION IDENTIFIED BY THE CITY ENGINEER THAT WARRANTS IMMEDIATE TREATMENT.

8. HYDROSEEDED AREAS SHALL BE !RR/GA TED IN ACCORDANCE WITH THE FOLLOWING CRITERIA:

1. ALL SLOPES THAT ARE GRADED 6: 1 OR STEEPER AND THAT ARE:
a. THREE TO EIGHT FEET IN HEIGHT SHALL BE IRRIGATED BY HANO

WATERING FROM QUICK COUPLERS/HOSE BIBS OR A CONVENTIONAL SYSTEM OF LOW PRECIP/TA TION SPRINKLER HEADS PROVIDING 100% COVERAGE.
b. GREATER THAN 8 FEET IN HEIGHT SHALL BE WATERED BY A

CONVENTIONAL SYSTEM OF LOW PREC/PITA TION SPRINKLER HEADS PROVIDING 100% COVERAGE.

2. AREAS SLOPED LESS THAN 6: 1 SHALL BE /RR/GA TED AS APPROVED BY THE CITY ENGINEER, PRIOR TO HYDROSEEDING. THE DEVELOPER SHALL SUBMIT A PROPOSED SCHEME TO PROVIDE /RR/GA TION TO THE CITY ENGINEER. THE PROPOSAL SHALL BE

SPECIFIC REGARDING THE NUMBERS, TYPES AND COSTS OF THE ELEMENTS OF THE THE PROPOSED SYSTEM.
3 IRRIGATION SHALL MAINTAIN THE MOISTURE LEVEL OF THE SOIL AT THE OPTIMUM LEVEL FOR THE GROWTH OF THE HYOROSEEDED GROWTH.

FIRM: TOAL ENGINEERING INC. HYOROSEEDING MIX SHALL CONSIST OF ALL OF THE FOLLOWING:

1. SEED MIX SHALL CONSIST OF NO LESS THAN: ~o,.,~\
0>--1.il Rt, ADDRESS: 139 AVENIDA NAVARRO
Cl TY, STA TE: SAN CLEMENTE, CALIFORNIA
TELEPHONE: (949) 492-8586 ,_ / Z
BY: CALEB RIOS DA TE: • • I
(NAME OF ENGINEER)
R.C.E. NO.: 57587
REGIS TR AT/ON EXP/RATION DA TE: 12/31/2021

SOILS ENGINEER'S CERTIFICATE
/, GRAYSON R. WALKER , A REGISTERED (CIVIL/

GEOTECHNICAL) ENGINEER OF THE STA TE OF CALIFORNIA, PR/NC/PALLY DOING

BUSINESS IN THE FIELD OF APPLIED SOILS MECHANICS, HEREBY CERTIFY THAT

A SAMPLING ANO STUDY OF THE SOIL CONDITIONS PREVALENT WITHIN THIS

SITE WAS MADE BY ME OR UNDER MY DIRECTION BETWEEN THE DA TES OF APRIL 15 , 20 20 AND MAY 11 , 20_2L. TWO

COPIES OF THE SOILS REPORT COMPILED FROM THIS STUDY, WITH MY

RECOMMENDATIONS, HAS BEEN SUBMITTED TO THE OFFICE OF THE CITY ENGINEER=""""'"" , I:

SIGNED: g~ ,. ,-""~ J;{.~_'µ;_.if& --
!'w« t .•
GE./P.E. NO.: _,=•'8=7~1 ___________ _
DATE: 9/1/2021
LICENSE EXP/RAT/ON DA TE: 3/31/2023

OWNER'S CERTIFICATE

I ( WE ) HEREBY CERTIFY THAT A REGISTERED SOILS ENGINEER OR

GEOLOGIST HAS BEEN OR WILL BE RETAINED TO SUPERVISE OVER-ALL

GRADING ACTIVITY AND ADVISE ON THE COMPACTION AND STABILITY OF THIS SITE. IF THIS PROJECT/DEVELOPMENT IS SUBJECT TO A STATE­

REGULA TEO SWPPP, I (WE) ALSO AGREE A QUALIFIED SWPPP PRACTITIONER (QSP) HAS BEEN OR WILL BE RETAINED TO SUPERVISE /MPLEMENTA TION OF ii~,ir:::.p P'fiRtS.~~~~t~fEv!ilf1oJ.HE CALIFORNIA CONSTRUCTION ORDER ANO <---...,,_jµi foL:~ , -::71.-1 I (t;t.,y ., .,_·_ ., 9/1/2021

SCOTT SAREM DATE

2. a. 20 lbs. PER ACRE OF ROSE CLOVER
b. 20 lbs. PER ACRE OF ZORRO FESCUE
c. 3 lbs. PER ACRE OF E SCHOOL CIA CAL/FORNICA
d. 4 lbs. PER ACRE OF ACH/LLEA MILLEFOLIA
e. 3 lbs. PER ACRE OF ALYSSUM (CARPET OF SNOW)
f 1/2 lb. PER ACRE OF 0/MORPHOLECA
g. ITEMS c,d,e, AND f OF THIS SUBSECTION MAY BE OMITTED ON

LOCATIONS WHERE THE AREA BEING HYDROSEEDED IS NOT VISIBLE FROM EITHER A PUBLIC STREET OR RESIDENTIAL STRUCTURES.
h. ITEM a OF THIS SUBSECTION MUST BE INOCULATED WITH A

NITROGEN FIXING BACTERIA AND APPLIED DRY EITHER BY DRILLING OR BROADCASTING BEFORE HYDROSEEDING.
i. ALL SEED MATERIALS SHALL BE TRANSPORTED TO THE JOBS/TE IN

UNOPENED CONTAINERS WITH THE CALIFORNIA DEPARTMENT OF
FOOD AND A GR/CUL TUR£ CERT/FICA TION TAG ATTACHED TO, OR PRINTED ON SAID CONTAINERS.
j. NON-PHYTO-TOX/C WETTING AGENTS MAY BE ADDED TO THE
HYDROSEED SLURRY AT THE DISCRETION OF THE CONTRACTOR.

TYPE 1 MULCH APPLIED AT THE RA TE OF NO LESS THAN 2000 lbs PER ACRE.

TYPE 6 MULCH (STRAW) MAY BE SUBSTITUTED, ALL OR PART, FOR HYDRAULICALLY APPLIED FIBER MATERIAL. WHEN STRAW IS USED IT MUST BE ANCHORED TO THE SLOPE BY MECHANICALLY PUNCHING NO LESS THAN 50% OF THE STRAW IN TO THE SOIL.

3. FERTILIZER CONSISTING OF AMMONIUM PHOSPHATE SULFATE, 16-20-0, WITH 15% SULPHUR APPLIED AT THE RA TE OF 500 lbs. PER ACRE.

D. AREAS TO BE HYDROSEEOED SHALL BE PREPARED PRIOR TO HYOROSEEDING BY:

1. ROUGHENING THE SURFACE TO BE PLANTED BY ANY OR A COMB/NATION OF:
a. TRACK WALKING SLOPES STEEPER THAN 6: 1
b. HARROWING AREAS 6: 1 OR FLATTER THAT ARE SUFFICIENTLY FR/ABLE.
c. RIPPING AREAS THAT WILL NOT BREAK UP USING ITEMS a OR b ABOVE.

2. CONDITION/NG THE SOILS SO THAT IT IS SUITABLE FOR PLANTING BY:
a. ADJUSTING THE SURFACE SOIL MOISTURE TO PROVIDE A DAMP BUT NOT SATURATED SEED BED.
b. THE ADDITION OF SOIL AMENDMENTS, PH ADJUSTMENT, LEACHING

COVERING SALINE SOILS TO PROVIDED VIABLE CONDITIONS FOR GROWTH.
£. HYOROSEEDED AREAS SHALL BE MAINTAINED TO PROVIDE A VIGOROUS GROWTH UNTIL THE

THE PROJECT IS PERMANENTLY LANDSCAPED OR, FOR AREAS WHERE HYOROSEEDING IS THE

THE PERMANENT LANDSCAPING, UNTIL THE PROJECT IS COMPLETED AND ALL BONDS SOURCE OF TOPOGRAPHY F. ~ftE1z~~[S SHALL HAVE /RR/GA T/ON INSTALLED AND BE STABILIZED, PLANTED AND/OR TOPOGRAPHY SHOWN ON THESE PLANS WAS GENERA TED BY FIELD HYDROSEEDED WITHIN TEN (10) DAYS OF THE TIME WHEN EACH SLOPE IS BROUGHT TO GRADE SUFMYMETHOOS FROM INFORMATION GATHERED ON FEBRUARY 13 AS SHOWN ON THE APPROVED GRADING PLANS. AN APPROVED EROSION CONTROL PRODUCT 2020 BY METROPOUTAN MAPPING -(RECP) SHALL BE INSTALLED PER EC-7 IF THIS REQUIREMENT CANNOT BE MET. JUTE, TOPOGRAPHY SHOWN HEREON CONFORMS TO NATIONAL MAP EXCELSIOR OR STRAW BLANKET IS UNACCEPTABLE.

ACCURACY STANDARDS. G. SHOULD GERM/NAT/ON OF HYDROSEEO FAIL TO PROVIDE EFFICIENT COVERAGE (NO LESS THAN PROJECT LOCATION 70%) PRIOR TO OCTOBER 1, THE SLOPES SHALL BE STABILIZED BY AN APPROVED RECP.

JUTE, EXCELSIOR AND STRAW BLANKET IS UNACCEPTABLE.

VICINITY

CITY OF OCEANSIDE
HIGHWAY, _78
jd
'
"O
MAP
0 NOT TO
--+nt--SCALE

CITY OF VISTA
SITE
'--1,
·~
Q'?::

PACIFIC
OCEAN
AVE

CITY OF ENCINITAS

INDEX OF SHEETS
GRADING Till£ SHEET ...................................... ·--··· .. ···· 1 PRECISE GRADING Pl.AN ............................................................ 2 DRAINAGE PLAN ____________ 3
SECTIONS ............................................................................................ 4 a{>. '<-';1/

CITY OF
c::.----\4 SAN MARCOS
f
~
~
,.__z
~
,,,z
0 WORK TO BE DONE

THE GRADING WORK SHALL CONSIST OF THE CONSTRUCTION OF ALL CUTS AND FILLS,

REMEDIAL GRADING, DRAINAGE FACILITIES, EROSION CONTROL FACILITIES, AND

PLANTING OF PERMANENT LANDSCAPING AND PREPARATION OF AS-BUILT GRADING PLANS,

AS-BU/LT GEOLOGIC MAPS AND REPORTS, ALL AS SHOWN OR REQUIRED ON THIS SET

OF PLANS AND THE CITY STANDARDS, SPECIF/CA T/ONS, REQUIREMENTS, RESOLUTIONS AND ORDINANCES CITED ON THESE PLANS.

THE GRADING WORK SHALL 8£ PERFORMED IN ACCORDANCE WITH THE FOLLOWING

DOCUMENTS, CURRENT AT THE TIME OF CONSTRUCTION, AS DIRECTED BY THE CITY ENGINEER.

1. CARLSBAD MUNICIPAL CODE

2. CITY OF CARLSBAD ENGINEERING STANDARDS

3. THIS SET OF PLANS

4. RESOLUTION NO. CDP 2020-0017 DATED 10/07/2020

5. THE STANDARD SPECIF/CATIONS FOR PUBLIC WORKS CONSTRUCTION (GREEN BOOK).

6. SOILS REPORT AND RECOMMENDATIONS BY PETRA GEOSCIENCES, INC. _____ DATED 5/11/2020 & 6/30/2021

7. THE SAN DIEGO REGIONAL STANDARD ORA 'MNGS AND AS MAY BE MODIFIED BY THE CITY OF CARLSBAD STANDARDS.

8. CALIFORNIA COASTAL COMMISSION DEVELOPMENT PERMIT CONDITIONS DA TED _,_,_N...,_A~---------
g. ENVIRONMENTAL APPROVAL DOCUMENTS DATED _N-/~A~------

70. STORM WATER POLLUTION PREVENTION PLAN PREPARED
BY NA OATED~N,,l~A~--
WD/0 NO. ---'-'N...,_A~--------
ll. STORM WATER QUALITY MANAGEMENT PLAN PREPARED
BY TOAL ENGINEERING, INC. DA TED 7/23/2021

12. CALIFORNIA STORM WATER QUALITY ASSOC/A TION BMP CONSTRUCTION HANDBOOK ANO CALTRANS CONSTRUCT/ON SITE BMP MANUAL.

DESCRIPTION
LEGEND
DWG.NO.
,---.r'\
DETAILS ................................................................................................ 5 TIER 2 SWPPP -NOTES ......................................................... 6 TIER 2 SWPPP -PLAN ............................................................. 7 SINGLE SHEET BMP SITE PLAN .......................................... 8 ~ CONSlRUCT CONC. DRIVEWAY /HARDSCAPE. DETAIL 1 / SHEET 5 ,,,.--.,,,---.,~~
@-coNSlRUCT TURF BLOCK DRIVEWAY. (r DETAIL 2/ SHEET 5)
& DETAIL 16/ SHEET 2)
@-INSTALL 4" PIPE DRAIN SYSTEM. fil~--./-J-.J'-J
. S~MBOL QV~Jllf')
1-: ::-::.-o:·-1 PRIVA1E 1,915 S.F . .,_
'-:-:-:•:-:<•:-:-:.::•:-:•:•:-:• PUBLIC 3B5 SF .'
,; ~ ~ ·~ ) 4~ s/F.)
.,0000000 r_ 2~4l3'-Jr. ' ~ ~ ~ ~ \ 1,, 70 S.F. I\'_,.__,

LEGAL DESCRIPTION
PORTION OF LOT 24 & 25
MAP 2647 (CARLSBAD HIGHLANDS)
APN: 207-072-17

PROJECT ADDRESS
4005 SKYLINE ROAD
CARLSBAD, CA 92008

REFERENCE DRAWINGS
CDP 2020-0017
DWG 119-6
DWG 182-5
EARTHWORK gUANTITIES
CUT: 150 CY
FILL: 1,695 CY
IMPORT: 1,545 CY
EXPORT: N/A
REMEDIAL: 1,000 CY

BENCH MARK

ACHITECT
b+d STUDIO
P.O. BOX 33137
SAN DIEGO, CA 92163
TEL: {619) 677-3224
CONTACT: TODD BRAZZON, AIA

DEVELOPER/ OWNER

SCOTT AND KYRA SAREM
6684 LEMON LEAF DRIVE
CARLSBAD, CA 92011
TEL: {760) 533-2470

CONTRACTOR

JEFF PIVA
TEL: (760) 500-1276
DESCRIPTION: 2" PIPE & BRASS DISC STAMPED "LS 6215"
LOCATION: 3935 SKYLINE ROAD
RECORDED: 27s12002
ELEVATION: ELEV. -316.828' DATUM:____.N=G~V:=0~2=9~---
TOTAL LOT AREA = 0.572 AC (24,904 S.F.)
TOTAL DISTURBED AREA = 0.607 AC (26,435 S.F.)
(THIS AREA INCLUDES BUT IS NOT LIMITED TO OFF-SITE WORK

INCLUDING PUBLIC IMPROVEMENTS ANO TEMPORARY

DISTURBANCE SUCH AS VEHICLE AND EQUIPMENT STAG/NG

AREAS, CONSTRUCT/ON WORKER FOOT TRAFFIC, SOIL/GRAVEL

PILES, UTILITY TRENCHES, BACKFILL CUTS ANO SLOPE KEYWAYS) TOTAL REPLACED IMPERVIOUS AREA = 6,043 S.F.

TOTAL PROPOSED IMPERVIOUS AREA -14,100 S.F.
@-INSTALL 6" PIPE DRAIN SYSTEM.
@-INSTALL 8" PIPE DRAIN SYSTEM.
©-INSTALL 6" DECK DRAIN. MANUFACTURER
(v-1NSTALL 6" ATRIUM DRAIN. MANUFACTURER
@--INSTALL 12" ATRIUM DRAIN. MANUFACTURER
@-INSTALL 24" CONC. CATCH BASIN. MANUFACTURER
@)---BIOFILTRATION SYSTEM (STORf.4WATER BMP). DETAIL 10/ SHEET 5 ®--STORMWATER STORAGE VAULT (LID BMP). DETAIL 11 / SHEET 4 @-DRAINAGE SPREADER. DETAIL 12/ SHEET 5

MANUFACTURER
= =4"= = L.1..::. 72D L.F.
= =6"= = 32D L.F.
= =s"= = 300 L.F.
~,-...
□ I\ c· B EA:\ L.1..::. 1 6 EA._)
o '---"28"'EA.
lill] 33 EA.
~ 1 EA.
ll • .•. ·11 423 S.F.

I _______ 7
1: :: 363 C.F. I=======~
==o= 42 L.F.

I 1111111! I I ii I I @)-5" CHANNEL DRAIN W/ TRAFFIC GRATE. @--12• WIDE CONCRETE V-DITCH.
@-INSTALL 1" WATER METER & SERVICE. DET::w:4z~~ _,.~~
,-.....;_____,.J 7T7Tz7---;rz-
54 L.F.
45 L.F.
1 EA.
36 L.F. TRENCH REPAIR
@-INSTALL PERVIOUS PAVING.
@-INSTALL SUBDRAIN PER SOILS REPORT.
r.;;\__ INSTALL DOWNSPOUT; CONNECT TO
~ DRAIN SYSTEM.
@--SCREEN WALL
CITY STD. GS-26 _I..LJ_LL.L...L.

DETAIL 2/ SHEET 5 im
DETAIL 17 / SHEET 5
DETAIL 18/ SHEET 5
SDRSD C-05
--SUB--
'==
722222/
2,540 S.F.
81□ L.F.
11 EA.
@}-RETAINING WALL PER CllY STD.

EXISTING IMPROVEMENTS
SDRSD C-01, 03, 04 & 05 ■■■■
100 S.F.
3,400 S.F.

ABBREVIATIONS
EXISTING CONTOUR --100--PAD PROPOSED PAD ELEVATION
EXISTING SCREEN WALL 2222222 T/SLAB PROPOSED TOP OF SLAB

FS PROPOSED FINISHED SURFACE

PROPERTY LINE -----FG PROPOSED FINISHED GROUND
EASEMENT LINE ------F.F. PROPOSED FINISHED FLOOR
SPOT ELEVATION 100.00 INV INVERT OF PIPE

TG TOP OF GRATE
EXISTING DRAIN LINE : : : : :8 "SD::::: P.L. PROPERlY LINE

GRADING LIMITS -----TW TOP OF WALL

TF TOP OF FOOTING

STRUCTURAL (POST-CONSTRUCTION) BMP TABLE
STORMWA TER REQUIREMENTS THAT APPLY: EXEMPT FROM HYDROMOO/FICA T/ON9 I @ STANDARD STORMWATER REQUIREMENTS
B

YES (SEE SWQMP FOR DOCUMENTATION) I

PRIORITY PROJECT REQUIREMENTS NO
I/ AS BUIL T11
TYPE DESCRIPTION OWNERSHIP MAINTENANCE SHEET NO. MAINTENANCE <;2%'~~
AGREEMENT FREQUENCY B-:3/-Z.5
LANDSCAPE SD-6B PERMEABLE PAVEMENT OWNER YES PLAN SEMI-ANNUALLY RCE 5'7$7 EXP. DATE PR-1 BIOFILTRATION W/ OWNER YES 2,3,5 SEMI-ANNUALLY
RE~ PARTIAL RETENTION
MP-50 STORM WATER OWNER YES 2,3,4 ANNUALLY DETENTION VAULT INSPECTOR DATE I SHlET I CITY OF CARLSBAD I SHSTS I

ENGINEERING DEPARTMENT
GRADING PLANS FOR:

SAREM RESIDENCE •
8/21/23 M.F.B. I / 2 \ AS-BUILT. REVISE SHTS. 1 & 4: REPLACE SHT. 2. (4005 SKYLINE ROAD) 6/16/23 M.F.B. / 1 \ REVISIONS FOR 2nd DRIVEWAY GARAGE SIDE YARD 8/3/23 . A-f GR2021-0016 GRADING Till£ SHEET CD2021-0011 PICKLEBALL COURT. STORMWATER STORAGE SYSTEM. APPROVED: JASON S. GELDERT POOL POOL DECK. COVERED GAZEBO AREA. r..... e,..,.,,,a P."' 9/28/2021 AND ADD RET WALLS. ENGINEERING MANAGER RCE 63912 EXPIRES 9 /30 /22 DATE THIS PROJECT IS LOCATED WITHIN ASSESSORS PARCEL NUMBER(S) H. LANDSCAPING SHALL BE ACCOMPLISHED ON ALL SLOPES ANO PADS AS REQUIRED BY THE ··-··---···-· • --, ,._. -·---···-· -• --' UWN 1:H: M.r.t1. PROJECT NO. DRAWING NO. "' 207-072-17 CITY LANDSCAPE MANUAL, THE LANDSCAPE PLANS FOR THIS PROJECT OR AS DIRECTED BY DA1E I INITIAL DA1E I INITIAL DA1E I INITIAL CHKD BY: MBI 3 g i:;,ruc:::r c:::1-1,-c::: 1 h ,:;;. ~rP1 A.r'r c:1-ITC: 'J_.t h s:i:

THE CALIFORNIA COORDINATE INDEX OF THIS PROJECT IS: THE CITY ENGINEER OR CITY PLANNER. ENGINEER OF WORK REVISION DESCRIPTION OTHER APPROVAL CITY APPROVAL RVWD BY: DER CDP 2020-0017 5 1-lA "' ■ N 2,002,380 E 6,233.945 .__ ____ __. _________________ ..._ ____ __..._ ____ ____., _____________________ __. ::,; -,
N:\200xx\20036\Drawings\Civil\20036-gp-01 .dwg 08/31/2021 10:06 GRADING SUBMITTAL NO. 2

E E E E E E E E E
275
275
280280
285
285
290
290
295
295
300
305
305
300
LOT 25 (POR)
30'
30'
N89°28'48"E 286.90'
N84°57'43"W 272.03'
N08°14'58"W 79.37'
4005 SKYLINE ROAD
MAP 2647 / CARLSBAD HEIGHTS
LOT 24 (PORTION)
207-072-17-00
SAREM FAMILY TRUST 07-17-08
3975 SKYLINE ROADLOT 25 (PORTION)
207-064-05-00
COVIELLO FAMILY TRUST 06-04-97
4020 SUNNYHILL DRIVE
LOT 29
207-064-04-00

EDWARDS JOSHUA B & TERRI

L REVOCABLE LIVING TR
4030 SUNNYHILL DRIVE
LOT 30
207-072-01-00

TUOMI NATALIE FAMILY
TRUST 04-24-95
4015 SKYLINE ROADLOT 24 (PORTION)
207-072-16-00
COX FAMILY 2001 TRUST 12-19-01
R=1170.00 L=99.97'
MAIN LEVELT/SLAB=298.32
PAD=297.65
2-CARGARAGE
1-CAR
GARAGE
GYM
T/SLAB=299.82PAD=299.15

POOL & SPA

CONSTRUCTION NOTES

NOTICE TO CONTRACTOR

REQUIRED CERTIFICATIONS / APPROVALS
In addition to any certifications required by the
agencies having jurisdiction over this project, the
following approvals from the Civil engineer of record
are required:

1. Foundation forms for improvements on or abutting
property lines is required prior to concrete pour.

2. Location, size, and depth of all drain lines prior to backfill.

ADDITIONAL NOTES
8 2

EASEMENT NOTES

EXISTING UTILITY NOTE WALL NOTES
13 9 A v e n i d a N a v a r r o
S a n C l e m e n t e , C A 9 2 6 7 2
9 4 9 . 4 9 2 . 8 5 8 6
w w w . t o a l e n g i n e e r i n g . c o m

C I V I L E N G I N E E R I N G

L A N D S U R V E Y I N G

S T O R M W A T E R Q U A L I T Y
531-1A

IMPERVIOUS AREA NOTE
DETAIL

INTERLOCKING PAVER SECTION
>5% GRADE

9.5.2023
March 12, 2024
Item #8 Page 52 of 135
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4 • &. IE. EWER/SEJ'llC HO ING 1 K / / / .o1.6 / EX .. ~:u SCREEN W~JgE SEE '/'DSCN'E P -DO" • '0TH / r REWJH; PROlECT IN · I ~ I p-g ;pr-·· I ~ I .
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PROJECT CDP APPROVED IMPERVIOUS AREA FOOlPRINT = 14,100 SQ. FT.

POST CDP APPROVAL, THE IMPERVIOUS AREA WNS REDUCED BY INTRODUCING AREAS OF PERMEABLE PAVING AND REVISING THE FLAlWORK FOOTPRINT IN THE BACKYARD.

HOWEVER, THE PROJECT CONTINUED TO USE THE CDP APPROVED 14,100 SQ. FT.

IMPERVIOUS AREA FOR BMP SIZING AND CALCULATIONS RELATED TO THE GRADING PLAN AND SWQMP FOR GR2021-0016. THIS WNS DONE INTENTIONALLY TO ALLOW FLEXIBILllY DURING CONSTRUCTION SHOULD THE IMPERVIOUS AREA INCREASE DUE TO MINOR FIELD CHANGES.

THE FOLLOWING IS A SUMMARY OF THE IMPERVIOUS AREA FOOTPRINT SHOWN HEREON:

BUILDING: 4, 150 SQ. FT.

HARDSCAPE &: CONCRffi: 5,359 sa. FT. 5,700 SQ. FT. ) &
DRIVEWAY (PAYERS): 2,299 sa. FT. 1,770 SQ. FT. •
WAIi 5 &; MISCELLANEOUS; J 50 so, EL
TOTAL: 11,058 se. FT. 11,770 SQ. FT.
• THE PROJECT DRIVEWAY WILL BE CONSTRUCTED USING PERMEABLE PAYERS, SO THE INCLUSION OF THE DRIVEWAY IN THIS TABLE IS FOR CONSERVATIVE PURPOSES.

THE INTENT IS TO DEMONSTRATE THAT ANY CONCRETE HEADERS NSSOCIATED WITH

THE INSTALLATION OF THESE PAYERS WOULD YIELD A FINAL SITE IMPERVIOUS AREA THAT REMAINS LESS THAN THE CDP APPROVED VALUE OF 14,100 SQ. FT. USED FOR ALL WATER QUALITY RELATED CALCULATIONS.

CD-CONSTRUCT CONCRETE DRIVEWAY/HARDSCAPE. SEE DETAIL ON SHEET 5. .& @-CONSTRUCT INTERLOCKING PAVER DRIVEWAY. SEE DETAIL 2 ON SHEET 5 & DETAI. 16 ON SHEET 2. ~ @-INSTALL 1" WATER METER & SERVICE W/ SPRINKLER PER Cl1Y STD. DWG. NO.~ & GS-26. @-INSTALL PERVIOUS PAVING ON WALKWAYS/PATIOS. SEE DETAIL 2 ON SHEET 5. Th @-CONSTRUCT SCREEN WALL (CITY STD. C-05; PERMIT REQ'D FOR WALLS >4') @--CONSTRUCT RETAINING WALL {CITY STD. PER PLAN; PERMIT REQ'D FOR WALLS >4') @-CONSTRUCT CONCRETE DRIVEWAY IN RIGHT OF WAY. SEE DETAIL 1 ON SHEET 5. ~
"' ' ,,,. , • -~A!,'j • • • •·. • Z.e,r~ ht·', r r1· t ~~ • I . I ,.,.v . ! . <!"" .
~-4 4 4 :4

1. ALL ROOFS SHALL BE GUTTERED &: DOWNSPOUTS CONNECTED TO STORM DRAIN SYSTEM.

2. PAD ELEVATIONS ARE BASED ON 4" CONCRffi SLAB OVER 10-MIL VAPOR BARRIER OVER 4" OF CLEAN AGGREGATE BASE PER FOUNDATION PLAN (NEAL SHAH STRUCTURAL ENGINEERING DATED 2/26/2021). CONTRACTOR SHALL VERIFY ALL PAD ELEVATIONS W/ SOILS ENGINEER AND STRUCTURAL ENGINEER PRIOR TO GRADING.

3. WHERE EXTERIOR/INTERIOR UTILITY lRENCHES ARE PROPOSED IN A DIRECTION THAT PARALLELS ANY BUILDING FOOTING, THE BOTTOM OF THE lRENCHES SHALL NOT EXTEND BELOW A 1 :1 PLANE PROJECTED DOWNWARD FROM THE BOTTOM EDGE OF FOOTING. WHERE THIS OCCURS, ADJACENT FOOTING SHALL BE DEEPENED OR UTILITY CONSTRUCTED AND BACKFILLED PRIOR TO BUILDING CONSTRUCTION.

4. FOR BUILDING FOOTING AND FOUNDATION DESIGN SEE STRUCTURAL PLANS.

5. ALL RECOMMENDATIONS WITHIN THE SOILS REPORT FOR THIS PROJECT PREPARED BY PETRA GEOSCIENCES, INC., REPORT NO. 20-155 DATED MAY 11, 2020, AND ALL ADDENDA THERETO, ARE CONSIDERED A PART OF THIS PLAN.

6. ALL DRAIN LINES SHALL HAVE A MINIMUM SLOPE OF 1 % TOWARDS OUTLETS. =-

14.92 r!;
~302.92 T~
N$p2.2 INV. ~" S~R LA,TERAL;
CONTRACTOR 7;0 FIELD VER,IFY
SEm LATE~ DEPTH AT ~L

AAD VERIFY IF C,LEANOIJT E ISTS
------·t / CARLS oJ ENGR.
~
,. ,.. / : STANDARDJ SPEC.
"': -: , • JIA 7'cf85.44 • 15000-3.J 1
· · ",. "-, E) SEWER: IA . • -
-: i-=·· . STA. 7+§_3J38 BC
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· ; "§' SAWC0~ E • EMOVE EX
L,: I
AT P.L. (IF NOT, \cONTRACTO TO
CONSRUCT NEW ClEANOIJT A~
P.L. PER CITY STANDARD S-6).

NOTE: ON-SITE SEWER SEPTIC
SYSTEM IS NOT IN USE.--~ •
• 1• • .. '.·· • ~ CON~ ING/~ in ~ NSP~TcfaElWE,EN EDGE OF • • • •·• • 'M , · 1 ITS ' \ ~ ~ ROAD~V"AND "R.O.W. LINE ~--. ·!IP':\~ ·> :glit· d!,1. 6?./ \U> ~IE ~
. i'l .. GHBOR • .·.-< • ..• ~;;,1 , ~ /'1 ~ a ,n1.1a
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• •

J I I I I
.-Ct._ I I r I '
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at ft416
'' '' '' '' '' '' '' '' '' '' '' ''

ALL EASEMENTS LISTED HEREON ARE PER A PRELIMINARY TITLE REPORT PREPARED BY FIRST AMERICAN TITLE COMPANY, FILE NO.DIV-6064191 DATED JUNE 11, 2021 UNLESS NOTED OTHERWISE.
~ AN EASEMENT FOR TELEPHONE AND/OR ELEClRIC POLES AND LINES, AND SEWER, WATER, AND/OR GAS MAINS AND INCIDENTAL PURPOSES RECORDED OCTOBER 13, 1944 IN BOOK 1762, PAGE 126 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. 0 THE EXACT LOCATION OF SAID EASEMENT CANNOT BE DffiRMINED FROM RECORD DOCUMENT AND IS NOT PLOTTED HEREON.
0 10
SCALE: 1 "= 1 O' -o•
20 I
3-1/8" PAVER~ ~r-"""'\1L....-...----2" BEDDING LAYER
STRUCTURAL (POST-CONSTRUCTION) BMP TABLE 11 AS BUIL T11

CONCRETE HEADER
(6'W (MIN.) x 24"D)
C 12' SPACING;

OR DEEPENED

CONCRETE EDGE
#4 REBAR TOP AND
BOTTOM {2" CLR.)
CJ 7
/
-~
..
-\ r--, r-
C )0(71)
ASTM NO. 8 STONE
4" BASE LAYER
ASTM NO. 57 STONE
_.........----12" SUBBASE
ASTM NO. 2 STONE
40 MIL HDPE SMOOTH

LINER BAFFLE
,«· «· )¢!rj ~ . ro r-, ro r'-..."--,' )\)>'' ½" MAX.
• ~..:: ;.;: / /-...:_ 4, IN,.--BENC , ,/J/'< , , ,/... ,'-:/;>:: / '// / 1/ / // .1// tXJ"'
UNCOMPACT~'-. «'-~ ' DRAINAGE MAT (lREMCO TREMDRAIN NW OR SUBGRADE EQUAi.); EXTEND TO EDGE OF DRIVEWAY
AND CONNECT TO ON-SITE DRAIN SYSTEM.
&
@-------
NOTE: INFORMATION HEREON PER BELGARD DETAIL FOR
SLOPED CONDmONS; PAVER INSTALL SHALL COMPLY
WITH BELGARD AND ICPI SPECIFICATIONS.

NOT TO SCALE
N:\200xx\20036\Drawings\Civil\20036-gp-02.dwg 08/31/2023 14:06 TYPE

PERMEABLE PAVEMENT

BIOFILTRATION W/

PARTIAL RETENTION

STORM WATER
DffiNTION VAULT
TOAL
ENGINEERING, INC.
@@@
,, SJ.ZE ~ I OWNERSHIP I 1. ALL SITE WALLS SHALL BE CONSTRUCTED PER CITY STANDARD DRAWINGS C-01, C-03, C-04, OR C-05, NS NOTED HEREON.

THE LOCATION OF UTILllY LINES SHOWN HEREON PER IMPROVEMENT PLANS FOR SEWER {DWG 119-6) AND WATER (DWG 182-5), NS WELL

NS USA MARKINGS OBSERVED IN THE FIELD BY PETRA GEOSCIENCES (PROJECT GEOTECHNICAL ENGINEER) AND FIELD SHOT TOPOGRAPHIC SURVEY INFORMATION OBTAINED BY BOTH TOAL ENGINEERING, INC. AND METROPOLITAN MAPPING. ACTUAi. SIZES, LOCATIONS, AND DEPTHS MAY VAP:f AND SHALL BE FIELD VERIFIED PRIOR TO ANY CONNECTIONS TO, OR OTHER USE OF, THESE UTILITIES.
~~~ $·31.Z.3
( 2,549 5.F.)
4,310 S.F.

SCOTT AND 1
KYRA SAREM ________, SCOTT AND I 423 S.F. KYRA SAREM
363 C.F. SCOTT AND

KYRA SAREM

2. 3.

ALL SITE WALLS ARE ANTICIPATED TO BE CMU UNLESS OTHERWISE NOTED.

NO WALLS OR FENCES ARE TO EXCEED 6' IN HEIGHT MEASURED FROM LOWEST ADJACENT GRADE AND NOT TO EXCEED 42" WITHIN THE REQUIRED FRONT YARD SETBACK. HEIGHT SHALL INCLUDE ANY REQUIRED SAFETY RAILINGS.

RCF f57S•7 EXP,___ DATE
D ~-~:

DATE
~ CITY OF CARLSBAD I SHEETS I
: : : : : IL£j ENGINEERING DEPARTMENT 8
/~#ESSJ~
~ ,,,.,,. "~ ~ ::,@ ...... ~
"'-~· 2 ,,,,~\~,-
. · · 57587 DATE: ~-".:'..'!"...."-~~OF c~l-\~o'<-~
smi23 I M.F.B.
6/16/23 I M.F.B.

DAlE I INITIAL

ENGINEER OF WORK
A
/2\ AS-BUILT PLAN REVISIONS, AS SHOWN.
ffi REVISIONS FOR 2nd DRIVEWAY, GARAGE SIDE YAllD,
PICKL.EBAl.l. COURT, STORMWATER STORAGE SYSTEM,
POOL, POOL DECK, COVERED GAZEBO AllEA,
AND ADD RET WALLS.

REPLACES SHEET SIGNED 9/28/21.

REVISION DESCRIPTION
DA lE I INITIAL DAlE I INITIAL
OTHER APPROVAL CllY APPRDVAL
GRADING PLANS FOR:

SAREM RESIDENCE
(4005 SKYLINE ROAD)
GR2021-0016 PRECISE GRADING PLAN CD2021-0011
APPROVED: JASON S. GELDERT
r._ e,.,,,.,,a.1,,., s;9;2023
ENGINEERING t-l°ANAGER RCE 63912 EXPIRES 9/30/24 DATE
DWN BY: M.F.B. 11 PROJECT NO. 11 DRAWING NO •
~~~g ~~:--CDP 2020-0017 531-lA
GRADING SUBMITTAi. NO. 1

E E E E E E E E E
275
LOT 25 (POR)
30'
30'
N89°28'48"E 286.90'
N84°57'43"W 272.03'
N08°14'58"W 79.37'
4005 SKYLINE ROAD
MAP 2647 / CARLSBAD HEIGHTS
LOT 24 (PORTION)
207-072-17-00
SAREM FAMILY TRUST 07-17-08
3975 SKYLINE ROADLOT 25 (PORTION)
207-064-05-00
COVIELLO FAMILY TRUST 06-04-97
4020 SUNNYHILL DRIVE
LOT 29
207-064-04-00

EDWARDS JOSHUA B & TERRI

L REVOCABLE LIVING TR
4030 SUNNYHILL DRIVE
LOT 30
207-072-01-00

TUOMI NATALIE FAMILY
TRUST 04-24-95
4015 SKYLINE ROADLOT 24 (PORTION)
207-072-16-00
COX FAMILY 2001 TRUST 12-19-01
R=1170.00 L=99.97'

MAIN LEVEL
T/SLAB=298.32
PAD=297.65
2-CARGARAGE
1-CAR
GARAGE
GYM
T/SLAB=299.82
PAD=299.15

POOL & SPA

CONSTRUCTION NOTES

NOTICE TO CONTRACTOR

REQUIRED CERTIFICATIONS / APPROVALS
In addition to any certifications required by the agencies having jurisdiction over this project, the following approvals from the Civil engineer of record are required:

1. Foundation forms for improvements on or abutting property lines is required prior to concrete pour.

2. Location, size, and depth of all drain lines prior to backfill.

ADDITIONAL NOTES
8 3

EASEMENT NOTES

EXISTING UTILITY NOTE WALL NOTES
1 3 9 A v e n i d a N a v a r r o
S a n C l e m e n t e , C A 9 2 6 7 2
9 4 9 . 4 9 2 . 8 5 8 6
w w w . t o a l e n g i n e e r i n g . c o m

C I V I L E N G I N E E R I N G

L A N D S U R V E Y I N G

S T O R M W A T E R Q U A L I T Y
531-1A

8/3/23
DocuSign Envelope ID: DF442E30-62D9-496A-98BD-C3E286D8DE1A 8/9/2023

9.5.2023
March 12, 2024
Item #8 Page 53 of 135
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@-INSTALL 6" PVC SCH40 OR SDR35 PIPE DRAIN SYSTEM.
@-INSTALL 8" PVC SCH40 OR SDR35 PIPE DRAIN SYSTEM.

1. ALL ROOFS SHALL BE GUTTERED & DOWNSPOIJTS CONNECTED TO STORM DRAIN SYSTEM.

2. PAD ELEVATIONS ARE BASED ON 4" CONCRETE SLAB OVER 10-MIL VAPOR BARRIER OVER 4" of CLEAN AGGREGATE BASE PER FOUNDATION PLAN (NEAL SHAH STRUCTURAL ENGINEERING DATED 2/26/2021). CONTRACTOR SHALL VERIFY ALL PAD ELEVATIONS W/ SOILS ENGINEER AND STRUCTURAL ENGINEER PRIOR TO GRADING. \
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STRUCTURAL {POST-CONSTRUCTION) BMP TABLE
@-INSTALL 6" DECK DRAIN NDS 918B W/ RISER & ADAPTOR. OR EQUAL. (j)-INSTALL 6" ATRIUM DRAIN NOS 90 W/ RISER & ADAPTOR, OR EQUAL. @-INSTALL 12" ATRIUM DRAIN, NDS 1280 W/ RISER & ADAPTOR OR EQUAL. @-INSTALL 24" CONC. CATCH BASIN (BROOKS CB-2424 OR EQUAL).

3. WHERE EXTERIOR/INTERIOR UTILITY TRENCHES ARE PROPOSED IN A DIRECTION THAT PARALLELS A~ BUILDING FOOTING, THE BOTTOM OF THE TRENCHES SHALL NOT EXTEND BELOW A 1: 1 PLANE PROJECTED DOWNWARD FROM THE BOTTOM EDGE OF FOOTING. WHERE THIS OCCURS, ADJACENT FOOTING SHALL BE DEEPENED OR UTILITY CONSTRUCTED AND BACKFILLED PRIOR TO BUILDING CONSTRUCTION.

ALL EASEMENlS LISTED HEREON ARE PER A PRELIMINARY mLE REPORT PREPARED BY FIRST AMERICAN TITLE COMPNl'f, FILE NO.DIV-6064191 DATED JUNE 11, 2021 UNLESS 0 TYPE SIZE_ &
~ - . ---
PERMEABLE PAVEMENT -· -· . 4,310 S.F.,
BIOFILTRATION W / 423 S.F. PARTIAL RETENTION
STORM WATER 363 C.F. DETENTION VAULT
N:\200xx\20036\Drawings\Civil\20036-gp-03.dwg 07/26/2023 13:47

OWNERSHIP

SCOTT ANO

KYRA SAREM

SCOTT ANO

KYRA SAREM

SCOTT ANO

KYRA SAREM
@)-INSTALL BIOFILTRATION SYSTEM {423 S.F. MIN. AREA). SEE DETAIL ON SHEET 5. @-CONSTRUCT STORM WATER STORAGE VAULT. SEE DETAIL ON SHEET 4. @-CONSTRUCT DRAINAGE SPREADER. SEE DETAIL ON SHEET 5.
@-INSTALL 5" CHANNEL DRAIN W/ LIGHT TRAFFIC GRATE {NDS 864GMTL OR EQUAL.) @-CONSTRUCT 12" WIDE CONCRETE V-DITCH. SEE DETAIL ON SHEET 5. @-INSTALL SUBDRAIN PER SOILS REPORT. SEE DETAIL ON SHEET 5. @-DOWNSPOUT (PER ROOFING CONTRACTOR). SEE DETAIL ON SHEET 5.

TOAL
ENGINEERING, INC.
@)@@

4. FOR BUILDING FOOTING AND FOUNDATION DESIGN SEE STRUCTURAL PLANS.

5. ALL RECOMMENDATIONS WITHIN THE SOILS REPORT FOR THIS PROJECT PREPARED BY PETRA GEOSCIENCES, INC., REPORT NO. 20-155 DATED MAY 11, 2020, AND ALL ADDENDA THERETO, ARE CONSIDERED A PART OF THIS PLAN.

6. ALL DRAIN LINES SHALL HAVE A MINIMUM SLOPE OF 1 ,r: TOWARDS OUTLETS.

1. WALLS SHOWN HEREON FOR INFORMATION ONLY AND ARE TO BE CONSTRUCTED PER SEPARATE PLAN/PERMIT.

2. ALL PROPOSED WALLS ARE ANTICIPATED TO BE CMU UNLESS OTHERWISE NOTED; SEE SITE WALL PLANS FOR FINAL OESIGN INFORMATION.

3. NO WALLS OR FENCES ARE TO EXCEED 6' IN HEIGHT MEASURED FROM LOWEST ADJACENT GRADE ANO NOT TO EXCEED 42" WITHIN THE REQUIRED FRONT YARD SETBACK. HEIGHT SHALL INCLUDE Nl'f REQUIRED SAF£JY RAILINGS.

NOTED OTHERWISE.
@] AN EASEMENT FOR TELEPHONE AND/OR ELECTRIC POLES AND LINES, AND SEWER, WATER, AND/OR GAS MAINS AND INCIDENTAL PURPOSES RECORDED OCTOBER 13, 1944 IN BOOK 1762, PAGE 126 OF OFFICIAL RECORDS OF SAN DIEGO COUN'IY. 0 10 20 --- THE EXACT LOCATION OF SAID EASEMENT CANNOT BE DEIERMINED FROM RECORD DOCUMENT AND IS NOT PLOTTED HEREON.

SCALE: 1"= 10'-0"

THE LOCATION OF UTILITY LINES SHOWN HEREON PER IMPROVEMENT PLANS FOR SEWER (DWG 119-6) AND WATER (DWG 182-5), AS WELL AS USA

MARKINGS OBSERVED IN THE FIELD BY PETRA GEOSCIENCES (PROJECT

GEOTECHNICAL ENGINEER) AND FIELD SHOT TOPOGRAPHIC SURVEY INFORMATION OBTAINED BY BOTH TOAL ENGINEERING, INC. AND METROPOLITAN MAPPING. ACTUAL SIZES, LOCATIONS, AND DEPTHS MAY VAfff AND SHALL BE FIELD VERIFIED PRIOR TO A~ CONNECTIONS TO, OR OTHER USE OF, THESE UTILITIES.
"AS BUILT''
c:Z(~,
-xP._ RCE 57Sfl I'. 1:.

RE~~

INSPECTOR
e-3,. 7 :1
DATE
DATE
fsHml CITY OF CARIBBAD I SHEETS I
1-----+----+-------------1---+----+------+---1 L_j ENGINEERING DEPARTMENT ~ESSJ~
~<Y'l.ll R lo,§ %
ti ~
~~
~
i,I_,. ',_ No.
0 ::587 / '<r;,,
-~)',..,~,..Q..~
-E::::::=---=-:..:.:::..,e:,.~lf!!!:==·~ 7-Z(;;"-i!,: tor C~ll'<:,~ ~ Rt. . 7 DATE:

GRADING PLANS FOR:
_A_

SAREM RESIDENCE
(4005 SKYLINE ROAD)
6/16/23 I M.F.B. ffi REVISIONS FOR 2nd DRIVEWAY, GARAGE SIDE YARD, /}:;(t ,-:,L, I -, GR2021-0016 DRAINAGE PLAN CD2021-0011 PICKLEBALL COURT, STORMWATER STORAGE SYSTEM, APPROVED: JASON S. GELDERT POOL, POOL DECK, COVERED GAZEBO AREA, r....... e,.,,.,. tt I,,.,. , AND ADD RET WALLS. ENGINEERING MANAGER
I REPLACES SHEET SIGNED 9/28/21. OWN BY: u .-"
• DATE INITlAL DATE INITlAL DATE INITlAL CHKD BY:

ENGINEER OF WORK REVISION DESCRIPTION OlHER APPROVAL CITY APPROVAL RVWD BY:

RCE 63912 EXPIRES 9/30/24 DATE
PROJECT NO. 11 DRAWING NO.

CDP 2020-0017
GRADING SUBMITTAL NO. 1

9.5.2023
March 12, 2024
Item #8 Page 54 of 135
DoouSign Envelope !D: DF442E30--62D9-496A-98BD·C3E::286O8DE1A 310-
EXIST. GROUND
300-
r PROPOS (PER SEPARATEED BUILDING
BUILDING PERMIT) • -CON_STRUCT DR W'-' • SMOOrn """ og,c - .,,,,,-~ " i .. -~_ii';~\~-. -.. ,a -~~~. ,,.,,,~: -~,.~:%~t2M1~1N~_l _____ JS>i<K:ylYU~~~}f-:--B<RO)P.A~D __ _ 20' C-03 2%
~4 LJS...---.., .. -.✓-I ____ FINISHED SURFACE
290-
P.L.
:.,,.,!",(::=---,,­
' ,,:;,·i;~·;f~
,,y,,}"'>;,~~ f'./-Z~ ' , h1/~:), v,
VINYL FENCE AT p
(PROVIDE GAP AT .L.

GROUND LEVEL DRAINAGE PURP62:s) C-04 20
2s,u----'· , " e ---.! I-~-10~•~;;~~-~,<;_,,G'~~d'~.>~~~-~~~-eo~-n;~cc-:~ ,_~--~ ~~~~~s-i'-/'~-,--r.__y·"-~:: . ;.t--;:,t,:l!<-;;;;·-'.};-;;;.p:-j'-PO~L s~~A~~HERS UNDER 1--• '" c _ _ Jf',,, r(,o)\ ~ ,,. ""-f ~ -A;;;PP~R~o~x.yu~MITS;~~~-:~==:::::~--"-=::~'-~
. WALL BACKCUT
~SOILS REPORT
E2(;ST. G OF OVEREXCAVA •
1 ~J_ZONE or
. · TO FJELD VERIFY LIMI~ REPORT; LL ~COTING
--~~----N~----
~1~~:~;i•. . : ,,,~~ :~'\;;~~~~;;;$;i~;;~~7~.';, --~""';'"'""""":,,ck, ,,.,.,,.,,,,,.-==-310 ,v~-~ •w-"'lf'~ ;; _,-• • J/"~"'Z_ " ,. • : -(E) GAs::::7'- 5' MAX ___ : ~ EXIST. GROUND ,.11 & I (
. VERTICAL CUT -~-"' -I \
1: 1 LAYBACK ABOVE 5'PER SOILS REPORT VERTICAL
• WHERE OCCURS) _/ (E) 10"¢ WATER -300
(E) B"¢ SEWER
APl'ROX. LIMITS_OF 0\/EREXCAVATION (3'_MIN .

BELOW FINISHED PAD) PER SOILS REPORT;
SOILS ENGINEER TO FJELD VERIFY LIMITS.
-290
280
C-05 '20
5' MIN. / 6' MAX.

HT. VINYL FENCE
(TYP.; BOTH====ZIDES) PROPOSED BUILDING "1 PROPOSED BUILDING (PER SEPARATE /] (PER SEPA_RATE BLDG, PERM!Tl I
31,1-----1---~ , -1-1-=::::::::=---__ BLDG,_ernMIIc;------1 I , .

P.L. P.L.
-310
I
: STEM WALL PER
---V'--~r--..-l--BLDG. PLANSII I
I
~--------------------
<;)'o
'[ I
5% ! .. I . ;.n •·.
300_==------_ , -~c_·_~ T SLAB=299.82 5% 5% . ~;, t:: -- --;;,:: - -7 --------------------------------------rac """ ·, :~":,"~, y] I,/~,, '~ i70-11 I ----•-
----~~W:LIE AT P.L. W/ INLETS ALONG C.L. AS SHOWN •••
DEEPENED CONG.

EDGE, AS REQ'D
ON PLAN. SEE SIDEYARD SWALE DETAIL HEREON.
5' MAX. VERTICAL CUT
PER SOILS REPORT 290 --------(TYPICA1-BOTH SIDE YARDSJ (1 :1 LAYBACK ABOVE 5'

VERTICAL, WHERE OCCURS)

ED SECTION
2 SCALIE: 1" = 10'
NOTES;
• ALL METAL TO BE DEGREASED, PHOSPHATIZED WITH RUST RETARDANT UNDERCOAT AND DIP COATED WITH TWO COATS OF INDUSTRIAL GRADE FLAT BLACK ENAMEL. • CROSS REFERENCE INFORMATION WITH LANDSCAPE PLAN PRIOR TO CONSTRUCTION. 2"x2" STEEL POSTS
/1
r1 1;4• CHANNEL WITH PICKETS CUT THROUGH AND WELDED
Z.£1/2" X 1/2" SOLID STEEL PICKETS 4" O.C
I
I • ...

I
~~
:!;.,
I
•
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,--' re
I <O
~ .... (TYP.) ~-
APPROX. LIMITS OF OYE'REXCAVATION (~ _ _'_ ~---22990
BELOW FINISHED PAD) PER SOILS REPORT; •
SOILS ENGINEER TO FJELD VERIFY LIMITS.
6' MAX. HIGH

VINYL FENCE PER

LANDSCAPE PLANS
P.L. "'~~'<, /\
I ~~'7',-~-
'K MAX. HIGH

CRAIN LINK FENCE

PER APPROVED

LANDSCAPE PLAN
;1 I ~ 280--:-1 f-----,f-~'e'!', 1 ~ 280
: "'~ I : 0.83%
' EXIST. NEIGHBOR /i
FENCE TO REMAIN :
• • • I
• • -~---­
' ,., ... '.' • •
.·.·£XISJ::.: ,' :.::: .:,,
• GRADE'~:~:,,:_:,
_______ IL1br~-~t:.-:~:--~<:~ .:_ ~
-¼PROX. LIMITS OF
~
I OVEREXCAVATION (12·
BELOW EXIST. GRADE AT

HARDSCAPE) PER SOILS
REPORT; SOILS ENGINEER
TO FIELD VERIFY LIMITS.
0)~~~1:~~~
5' MIN. / 6' MAX. ~:!:i c,
/ HT. VINYL FENCE ,$-~~--------290 29 / ~ .._,CJ
t= 1I-l'OOL_(B'r'_OJl:IERS_JJNDEL
• A SEPARATE PERMIT)
~ •. ,, -. ' _,, _____________ , 280 280 --------P"n"-~-----""-'--··--~------------ §=: SWALE AT P.L. ~~~~:~u:ONG C.L. AS SHOWN
~ ON PLAN. SEE SIDEYARD SWALE DETAIL HEREON.

CD~~~1:~~~
ffi
L=30.5'

ACCESS MANHOLE

PICKLEBALL COURT
SECTION NOTES:

1. ACTUAL LIMITS OF EXCAVATION TO BE DETERMINED IN THE FJELD BY THE SOILS ENGINEER.
2, FOR FOOTING AND FOUNDATION PLANS, SEE STRUCTURAL DRAWINGS,

3. RETAINING WALL BACKFILL SHALL CONFORM TO THE SOILS REPORT AND THE STRUCTURAL DRAWINGS.
4" PVC OUT
(TO BMP:

BIOFlL TRATION
PLANTER)-----<
12" PVC
(TO STORAGE)
I •I . I 6" PVC OUT
(TO DRAINAGE

SPREADER)
4"¢ INLET PIPE --,-------,
8" WIDE CHANNEL W / 2"
HIGH WEIR; (INCREASE
WEIR TO 6" HIGH ON SIDE
FACING 8" INLET PIPE). __y
OPEN :

TO : • BELOW) • 8"¢ INLET PIPE

DIVERTER BOX TOP VIEW
4" PVC OUT (TO BMP:

BIOFlL TRATION PLANTER)
f
4" HIGH WEIR AT 8"¢
PIPE {T/WEIR=277.00)
,,.-4"¢ INLET PIPE
~-
270
STRUCTURAL (POST-CONSTRUCTION} BMP TABLE
TYPE Sl,ZE ffi. OWNERSHIP
~ -
-· .. SCOTT AND PERMEABLE PAVEMENT ... , .... , . ,
4,310 S.F. KYRA SAREM
BIOFILTRATION W/ 423 S.F. SCOTT AND

PARTIAL RETENTION KYRA SAREM
STORM WATER 363 C.F. SCOTT AND

DETENTION VAULT KYRA SAREM

CONSTRUCTION NOTES
(j)-CONSTRUCT CONCRETE DRIVEWAY /HARDSCAPE. SEE DETAIL ON SHEET 5. __ @-coNSTRUCT INTERLOCKING PAVER DRIVEWAY. SEE DETAIL 2 ON SHEET 5 & DETAIL 16 ON SHEET 2.

G)----1NSTALL 4" PVC SCH40 OR SDR35 PIPE DRAIN SYSTEM.
.._
@--INSTALL 6" PVC SCH40 OR SDR35 PIPE DRAIN SYSTEM.
@-INSTALL 8" PVC SCH40 OR SDR35 PIPE DRAIN SYSTEM.
@--INSTALL 6" DECK DRAIN NDS 918B W/ RISER & ADAPTOR, OR EQUAL. (j)--INSTALL 6" ATRIUM DRAIN NOS 90 W/ RISER & ADAPTOR, OR EQUAL. @-INSTALL 12" ATRIUM DRAIN, NOS 1280 W/ RISER & ADAPTOR OR EQUAL ®-INSTALL 24" CONG. CATCH BASIN (BROOKS CB-2424 OR EQUAL). @-INSTALL BIOFILTRATION SYSTEM (423 S.F. MIN. AREA). SEE DETAIL ON SHEET 5 . @--CONSTRUCT STORM WATER STORAGE VAULT. SEE DETAIL ON SHEET 4. @-CONSTRUCT DRAINAGE SPREADER. SEE DETAIL ON SHEET 5 .
@-INSTALL 5" CHANNEL DRAIN W/ LIGHT TRAFFIC GRATE (NDS 864GMTL OR EQUAL.) @-CONSTRUCT 12" WIDE CONCRETE V-DITCH. SEE DETAIL ON SHEET 5. ?:"" ,; .,,., 270 270
ED ~;E~1~1-~~ .•
J Ji.~Jf-f~A~!IfiPE IW~ @-INSTALL 1" WATER METER & SERVICE W/ SPRINKLER PER CITY STD. DWG. NO.~ & GS-26. @-INSTALL PERVIOUS PAVING ON WALKWAYS/PATIOS. SEE DETAIL 2 ON SHEET 5. fil s· ec61!Im~f , ,~ 1 \':::;llr • pea,~~~ ~\_L • • 1 r-::-1 '~EtfFJ'RISER ::J,..: -":T"rrr----+t
~
I ,,.,
' N
WROUGHT IRON HAND RAIL:
2•x2• STEEL POSTS (14 GAUGE) W/
CAST IRON FLAT CAP AND SET 12" INTO
BLOCK. CONCRETE CORE AND POST BASE
TO HAVE TWO (2) 1 "¢ x 6" LONG

ANCHOR BOLTS DRIULED AND FASTENED
WITH LOCK WASHERS.

F.S. OR F.G. PER PLAN
-. IL TTTTJ­
t,---1 -,-,.II ~1 ~ .
lllrlr:
,~_lj _if

CITY STANDARD

SITE RETAINING
WALL; TYPE AND

HEIGHT PER PLAN
~.1111-1
F.S. OR F.G. PER PLAN = I :~ I -=--::
• i •. I l :I . jll i-. 1:-:11 -r ~I
-J 11~1 I~
'"~I 111 [c.11 ._11 I I l.Jil ._.I'
DETAIL

FENCING FOR SITE WALLS

NOT TO SCALE
N:\200xx\20036\Drawings\Civil\20036-gp-04.dwg 07/26/2023 13:47 ~
I
I
I
I FlLOW LINE
[I]
[K]
[[]
-----■ -] --'le I

LANDSCAPE I HARDSCAPE
A* I 6" MIN. 4" MIN.
8 I 5% MIN. 2% MIN.

C I 2% MIN. 1% MIN.
* OTHER VALUES MAY APPLY

DEPENDING UPON ARCHITECTURAL

DETAILS
DETAIL

TYPICAL SIDE YARD SWALE

NOT TO SCALIE
TOP or SLAB
TOAL
l'N'GINEERll'l<i, INC.
@(~@]
@--INSTALL SUBORAJN PER SOILS REPORT. SEE DETAIL ON SHEET 5.

I~ 5• WIDE CHANNEL

1.\ 1 W/ 2" HIGH WEIR
1-A (T/WEIR=276,83)
@-DOWNSPOUT (PER ROOFING CONTRACTOR). SEE DETAIL ON SHEET 5. @-CONSTRUCT SCREEN WALL (CITY STD. C-05; PERMIT REQ'D FOR WALLS >4') \ \----\ \':::-276.67
-I\ \ \ INV
:::\1-~ 363 CU. FT. STORAGE 24" SQ. OIVERTER BOX =:: J\ I -I I
\::::I 274.35
J:fi\1 INV I cJ lf 6" OUT (TO DRAINAGE
1-SPREADER); PIPE
-::;;,\~\ I.D.=5.62" AT OPENING
@-CONSTRUCT RETAINING WALL (CITY STD. PER PLAN; PERMIT REQ'D FOR WALLS >4') @--coNSTRUCT CONCRETE DRIVEWAY IN RIGHT OF WAY. SEE DETAIL 1 ON SHEET 5. ~ \' ,-l \ -\ I ~ \~ \ I I ,-\~ \ \ I \ -\~ ~ -- 2 INV -;~ -I\\::=:\\ ~d\\~\ \~~F,~-~n\~~~lw~~~ ~ \ --.\ _ _J._

CIVIL ENGINEERING

LAND SURVEYING

STORMWATER QUALITY
139 Avenida Navarro
San Clemente, CA 92672
949 492 8586
www toatengineering.com
30"~ HDPE PIPE (77 L.F.; OR • • 274.33
ENGINEER APPROVED EQUAL) -• INV
DETAIL

DETENTION / FLOW CONTROL SYSTEM
SCALIE: 1 "=2'
ffi
ffi
"AS BUILT"
6¼~·.
'F 5,-- -.:f/m EXP, __ _
8-7/·Z.S
DATE
REVIE\./ED ~;{---· __ /
~(/;-~ V
IUE:r□ R DATE
t---+---+---------------+---+----+---+---1 w CIJNirNE~!G ~~~~AD I SHSTS I GRADING PLANS FOR:
8/21/23 I M.F.B. SAREM RESIDENCE
ACCESS t.1ANHOLIE ADDED TO DETENTION SYSTEM. I { 4005 SKYLINE RO.AD) , 6/16/23 I l,tF.B. I/ 1 \ REVISIONS FOR 2nd DRIVEWAY, GARAGE SIDE YARD, 8/3/23 /TT'--. GR2021-0016 SECTIONS CD2021-0011 ' PICKLEBALL COURT, STORMWATER STORAGE SYSTEM, APPROVED: JASON S. GELDERT Poot. POOL oEcK. COVERED GAZEBO AREA. T¼ e-a P" s 1912.il.2..3. , AND ADD RET WALLS. ENGINEERINGMANAGER RCE 63912 EXPIRES 9/30/24 DATE I ( ~? C °"
CALEB RIOS DATE:

I REPLACES SHm SIGNED 9/28/21. OWN BY· u •.B.
• DATE INITIAL DATE INITIAL DATE INITIAL • , PROJECT NO. DRAWING NO.

ENGINEER Of \I/ORK REVISION DESCRIPTION OTHER APPROVAL CITY APPROVAL ~~~g :~: CDP 2020-0017 531-lA GRADING SUBMITTAL NO. 1
<5% GRADE

8/3/23
DocuSign Envelope ID: DF442E30-62D9-496A-98BD-C3E286D8DE1A

9.5.2023
March 12, 2024
Item #8 Page 55 of 135
MAIN DIA. RISER DIA.

NOTE: DO NOT USE
90' ELLS OR TEES 3" 3"
IN DRAINLINE SYSTEM 4" MIN. > 3" (U.N.O.)
GRATE TYPE PER PLAN~
\ TOP OF GRATE
):----..1. ELEV. PER PLAN
::---/ \ / \ --=:
v".'< ~ ~ ~-
/~~~(>,,,,-....-,Q«"'-»"0 /, /, '.<'(. ,._.....,. ~;,(, /•

PVC WYE (SIZE PER
PLAN) ( 45' ELL @

ADAPTOR(S)

AS REQUIRED
END OF LINE)--~ "-PVC RISER

PVC DRAIN LINE
(SIZE PER PLAN), PVC 45" ELL
/*:««':((<~'<(:<.\.
'' ,'-.. '-.. ✓, '\ /'" /'' /"
·'>-'-.. >'-
DETAIL

TYPICAL DRAIN INLET

NOT TO SCALE
ORCO 24"x24" PERVIOUS INTERLOCKING

PAVERS INSTALLED PER MANUFACTURER'S
RECOMMENDATIONS.
•'......:...:'.c"~·'..:..:_•·.------"-,
,, '1/"-" y,
2" SAND
4" ROAD BASE

SUBGRADE REQUIREMENTS PER PETRA
GEOTSCIENCES, INC. SOILS REPORT DATED
MAY 11, 2020 (PROJECT: 2D-155)
G)DETAIL ~&
2 INTERLOCKING PAVER SECTION

NOT TO SCALE
3" DIA POP-UP EMITTER~ 1FG
NDS 420 OR EQUAL. _ /
FASTEN TO PIPE WITH --~ j ____ .

PVC GLUE. :=£----------!-:·
' ---CX)
-----::.-~~c -I -
DOWNSPOUT----~

DOWNSPOUT OFFSET
WHERE REQUIRED~

DOWNSPOUT

ADAPTOR---
PVC RISER-~

FINISH GRADE
"-...
~\,_Y :-.-..Y.. ' v>... '-/);;y):;.y/,
PVC 45' STREET ELL
PVC 45' ELIL ~

DRAIN LINE /
~),y);;<5-~ //,1//{//{
PER PLAN__;
~
NOTE: DO NOT USE
90" ELLS OR TEES

IN DRAINLINE SYSTEM
~OUT CONNECTION

NOT TO SCALE

EXTRA HEIGHT OF FOOTING

AS DIMENSIONED ON PLAN
12" MIN
• •
{

FINISH SURFACE
(PER PLAN)
'( '--',_/ ~y, ,/ ·:e />:'-/0:;:,,,» • / '-v:--~~ ~~ ~
2 #4 BARS (MIN.) NEAR

TOP AND BOTTOM OF

FOOTING PER SOILS REPORT
· -• .~ l18"M1N
DETAIL

DEEPENED CONCRETE EDGE

NOT TO SCALE
I 1-,,,__ ------ 18" MIN. EMBEDMENT tJ-.· --1~12" WIDE BY 6" THICK INTO COMPETENT --------L _ .J CONG. ANCHOR F'c=3000 psi MATERIAL AS -I 12" I, 4 places
'"'" ~
DETERMINED BY SOIL / 1

ENGINEER

SECTION Y-Y
,6" MIN COVER ;-FG
I
lQUII
12"W x 12" DEEP / 6"¢ PERF._1 LJ LEVEL

GRAVEL SECTION PVC PIPE

WRAPPED IN SECTION X-X

FILTER FABRIC

LENGTH PER PLAN

ALL GRATES TO BE
/~ SET AT SAME
/ ELEVATIO:.
------~-~------
LJ
6" CAP
12" WIDE BY
6" THICK
CONG. ANCHOR
FINISHED GRADE--......, ~
. . . '-"''A~~'« v«<:;:<._<2<{1/ /0
• "-/'0,/ /'
0 SITE RETAINING WALIL PER SAN)/)
DIEGO COUNTY STANDARD . ~
DRAWING C-05 (TYP.) ,
~ / ,,
1/ ,';,,
>//,
~ ~~ ~ '-'./
H

SLOPED OR LEVEL GROUND SURFACE
~---+---COMPACTED ON-SITIE SOIL
• 1
;-..,.___ 117'---RECOMMENDED BACKCUT*

WATERPROOFING COMPOUND

INSTALL SUBDRAIN SYSTEM
MINIMUM 12 INCH WIDE COLUMN OF
3/4"-1 1/2" OPEN GRADED GRAVEL
WRAPPED IN FILTER FABRIC.
h* )SlOd::t.,:0,1~ I I -FILTER FABRIC (SHOULD CONSIST
~ OF MIRAFI 140N OR EQUIVALENT)
4 INCH PERFORATED PIPE. PERFORATED
PIPE SHOULD CONSIST OF 4" DIAMITTR
ABS SDR-35 OR PVC SCHEDULE 40 OR

APPROVED EQUIVALENT WITH THE
PERFORATIONS LAID DOWN. PIPE SHOULD
BE LAID ON AT LEAST 2 INCHES OF
OPEN-GRADED GRAVEL.
* VERTICAL HEIGHT (h) AND SLOPE ANGLE
OF BACKCUT PER SOILS REPORT. BASED

ON GEOLOGIC CONDITIONS, CONFIGURATION
OF BACKCUT MAY REQUIRE REVISIONS.
(i.e. REDUCED VERTICAL HEIGHT, REVISED
SLOPE ANGLE, ETC.)
@DETAIL

RETAINING WALL SUBDRAIN DETAIL
PER PETRA GEOTSCIENCES, INC. SOILS REPORT
DATED MAY 11, 2020 (PROJECT: 20-155)

NOT TO SCALE

STRUCTURAL (POST-CONSTRUCTION) BMP TABLE
TYPE
~

OWNERSHIP
4,310 S.F. \ SCOTT AND PERMEABLE PAVEMENT ~e 5.F':) KYRA SAREM BIOFlLTRATION W/ -SCOTT AND -
PARTIAL RETENTION 423 S.F. KYRA SAREM
STORIA WATER 363 C.F. SCOTT AND

DETENTION VAULT KYRA SAREIA
AREA = 423 SQ. FT.; LAYOUT PER PLAN
14" MIN.
8~ PONDING,
I :
(1
,t
(1 ; 015,;,-' I
le, I(
6"¢ OVERFLOW DRAIN
VEGETATION 7
~~, !' I
I Q,1::ff<f ; , ft>t. IN1t/ ,..__ • I , v 1 ,
'\ I' l = \, '
\ II '
'( i I -I ', '·1' .i_
'' .'\ '. ~-- V I I ·,
I I i •
I
I 4'x4'x3" P.C.C.

I SPLASH BLOCK _j
I
II
:1
12"
\
>'.: >v:: >v:: >v:: "-Y:>v'.: >v:: A.' A.'-• >v:: A.)'; >v:: z1//,«0, /, //, //, «~«<:,«,«,« .-FINISHED GRADE
\
\~ ;:}1};,~y
:V(//W4'f'.'.tNLET PIPE
>) / FROM DIVERTER BOX
' '-
l,1: , 18" MIN. SOIL IAEDIA THICKNESS (60% TO
'-;);' 80% SAND, UP TO 20% TOPSOIL, AND UP
~ TO 20% COMPOST; AUL % BY VOLUME).
)-'.;' INITIAL FILTRATION RATE = 8-12 IN./HR.
~ ( 12" MAX.) PER APPENDIX E.13, SECTION
):;'.-::': BF-2 OF BMP DESIGN MANUAL.
y>-; J" CHOKER / 1" -j" PEA GRAVEL
>): « :y y
'-',
:::;. I 27" MIN. ~-WASHED GRAVEL
;,; «,._
½
*
~
"'
NOTES:

1. OTHER MINIMUM VALUES MAY APPLY BASED

ON ARCHITECTURAL DETAILS AND/OR
GEOTECHNICAL RECOMMENDATIONS.
3" MIN.
(4" ::· M~:E:::~:E~O'IN SIDE YARD)~\\\
I
, TREATED SILL PLATE

I I FINISH FLOOR
I
(ELEV. PER PLAN)

TOP OF SLAB
OF FOUNDATION \ 1 r (ELEV. PER PLAN)
(2019 CBC 1804.4) ,\ r-1 ><
~ t::::::::::==!.:::::::======
,~v~,/~ /~»;v
'-:

DETAIL
., //
✓,✓/-',
//'-,'-·
'--.'-(/
>-

TYPICAL BUILDING DRAINAGE AT HARDSCAPE

NOT TO SCALE
NOTES:

1. OTHER MINIMUM VALUES MAY APPLY BASED

ON ARCHITECTURAL DETAILS AND/OR
GEOTECHNICAL RECOMMENDATIONS.
8" MIN. (2016 CBC
2304.12.1.2) --~
10' @ 5% MIN
(2019 CBC 1804.4)
20% MAX.---~,
J-. -------A~ "''/"''y,,~y~ ---\ /,.///<
SWALES WITHIN 1 O' OF \_ FINISH
FOUNDATION SHALL BE \ GRADE
SLOPED MIN. 2% (2016 \
CBC 1804.4)-----'
DETAIL
I
_:--.::,
/ TREATED SILL PLATE
/ 1-FINISH FLOOR
/
(ELEV. PER PLAN)

TOP OF SLAB
;1 (ELIEV. PER PLAN)
I
~,-('(//,1/
)/~ "-·'
«/

TYPICAL BUILDING DRAINAGE AT LANDSCAPING

NOT TO SCALE
NOTES:

1. VALUES PROVIDED REFLECT SOILS REPORT
RECOMMENDATIONS.

2. PCC IAIX SHALL BE TYPE II CEMENT W/

0.40 WATER/CEMENT RATIO PER SOILS
REPORT; MIX SHALL BE EVALUATED AND

CONFIRMED, OR MODIFIED, BY STRUCTURAL

ENGINEER AND/OR CONTRACTOR
RESPONSIBLE FOR CONCRETE PLACEMENT.

SURFACE TEXTURE, TILE,
PAVERS, ETC. PER

LANDSCAPE PLANS OR

ARCHITECTURAL DETAILS
[fil
((q______ ' w 10
~ ·~r/«~vvv<: ,] p './ ,'-; ., '-;; / ~y");;)./<<. / w
• 0 {' «✓ / C
~\'-/~ ,'<c. • SUBGRADE REQUIREMENTS PER PETRA
GEOTSCIENCES, INC. SOILS REPORT DATED
[I]
MAY 11, 2020 (PROJECT: 20-155)

DRIVEWAYS I HARDSCAPE
A I MIN. SLAB THICKNESS 5• 4"
B I MIN. REINFORCEMENT (O.C. / E.W.) #3@24" #3@24"
C I MAX. SAWCUT OR COLD JT. SPACING 10' 6'
D* I THICKENED EDGE DEPTH 8" 8"
E* I THICKENED EDGE WIDTH a· 6" TO 8"
NOTE:

PROVIDE CONTRACTION JOINTS AT 30' MAX.
,-FINISH
/ GRADE
\,//
;</~'c~
~~~'-"'->~ '>;'y/)v~, '
• /~'0 l 'f >$:t .&.~ .
6" BEHIND WALLS
12"
• 1:z
f,C ~ I·
T.W. ELEV.

PER PLAN

ETAINING
'ALL 4" SIDE YARD SWALE HERE OCCURS)
/Y/~· ,;,'-!
3• THICK 520-'-< V f;.<Y / • !
V-DITCH REINF c;1
250~ CONC. // )/,A.'::lf
W1.4 X W1.4 W 6 X 6" / <_'-( // .W.M.--__1
~
~TEV-DITCH

NOT TO SCALE
&
fill!E:

CONTRACTOR SHALL FOLILOW

MANUFACTURER'S INSTALILATION
INSTRUCTIONS.
1 /8" RECESS FOR PATIOS/WALKWAYS
1 / 4" RECESS FOR DRIVEWAYS
4• GRATE SIZE AND TYPE PER PLAN
(TYP.)
• • • •
• 11
• • ..... •
••
:.,
. "
..

CONC. PAV'T.
• •
4" MIN.

CONCRETE ~EXP. JT.
1 (TYP.)
I .
• • •• • CHANNEL
• • • ' SIZE & TYPE • • • •• PER PLAN
44 4 -"
•
l~'-"'J;,,.'-~ •
1" SAND BASE

ANCHOR STAKE
(NDS 230)
~
~DRAIN INLET

NOT TO SCALE

CONSTRUCTION NOTES
0-CONSTRUCT CONCRETE DRIVEWAY /HARDSCAPE. SEE DETAIL ON SHEET 5 . .&. ®-CONSTRUCT INTERLOCKING PAVER DRIVEWAY. SEE DETAIL ON SHEET 5. & DEfAIL 16 ON SHEEf 2. • @-INSTALL 4" PVC SCH40 OR SDR35 PIPE DRAIN SYSTEM.
@--INSTALL 6" PVC SCH40 OR SDR35 PIPE DRAIN SYSTEM.
®-INSTALL 8" PVC SCH40 OR SDR35 PIPE DRAIN SYSTEM .
@-INSTALL 6" DECK DRAIN NOS 918B W/ RISER & ADAPTOR, OR EQUAL. (j)--INSTALL 6" ATRIUM DRAIN NDS 90 W/ RISER & ADAPTOR, OR EQUAL. @-INSTALL 12" ATRIUM DRAIN, NOS 1280 W/ RISER & ADAPTOR OR EQUAL. @-INSTALL 24" CONC. CATCH BASIN (BROOKS CB-2424 OR EQUAL). @)--INSTALL BIOFILTRATION SYSTEM (423 S.F. MIN. AREA). SEE DETAIL ON SHEET 5. ®-CONSTRUCT STORM WATER STORAGE VAULT. SEE DETAIL ON SHEET 4. @--CONSTRUCT DRAINAGE SPREADER. SEE DETAIL ON SHEET 5.
@-INSTALL 5" CHANNEL DRAIN W/ LIGHT TRAFFIC GRATE (NDS 864GMTL OR EQUAL.) G3)--coNSTRUCT 12" WIDE CONCRETE V-DITCH. SEE DETAIL ON SHEET 5. @, -5
@--INSTALL 1" WATER METER & SERVICE W/ SPRINKLER PER CITY STD. DWG. NO. -& GS-26. @--INSTALL PERVIOUS PAVING ON WALKWAYS/PATIOS. SEE DETAIL 2 ON SHEET 5. :&. @-INSTALL SUBDRAIN PER SOILS REPORT. SEE DETAIL ON SHEET 5. @--DOWNSPOUT (PER ROOFING CONTRACTOR). SEE DETAIL ON SHEET 5. @-CONSTRUCT SCREEN WALL (CITY STD. C-05; PERMIT REQ'D FOR WALLS >4') @--CONSTRUCT RETAINING WALL (CITY STD. PER PLAN; PERMIT REQ'D FOR WALLS >4') @-CONSTRUCT CONCRETE DRIVEWAY IN RIGHT OF WAY. SEE DETAIL 1 ON SHEET 5. 11 AS BUIL T11
~\ 6"¢ PERFORATED PVC PIPE
1 (PERFORATIONS DOWN)
'-Y.."''-. '-> '-\ • '-'-''--'->-.'-. '-..;;
~ __ __. _ __._..;..;..__~ 6" DIA. PERF. PIPE\ ~--------~ * RECOMMENDED WHERE ADJACENT TO LANDSCAPE AREAS. ~~... 6~1-Z.S + X
L~ro--~-
2·-+ Y-7 \ X
TYP. 'I \ j --~---------= -,:,-----------~ -~
0 0 0 0 0 0
b~i __ \.;;._,.._ _,, -;s 6 - -,,
----y ~ -~ ---~;~.~ -:·-1-:" D~;~
6"x6" TEE w/
C.O. RISER
6" PVC GRAVEL SECTION

WRAPPED IN

FILTER FABRIC
PLAN
~
~E OUTLET/SPREADER
PER SOILS REPORT. NOT TO SCALE
N:\200xx\20036\Drawings\Civil\20036-gp-05.dwg 08/31/2021 10:07 (272.67 INV)
&GDETAIL
( ~~B-IO=F=IL~T=R-AT=l~O-N-W~/~P-AR=T=IA_L_R~E=T=E-NT=l~O-N ~ NOT TO SCAl£
TOAL

CIVIL ENGINEERING
L.sfJD SURVEYING

STORMWATER QUALITY
ENGINEERING, INC.
@@@
139 Avsnida l\ovarro
Sa-Clements CA 92672
040 492 8556
www toale1,~ineering :::om
DATE:
~
~DRIVEWAY/ HARDSCAPE SECTION

NOT TO SCALE
RCE,s'7St!iJ7 EXP,____ DATE
RE~~

INSPECTOR DATE
fst@'il CITY OF CARLSBAD I SHEETS I
1----+----+--------------1---+---+----+-----1 L2_j ENGINEERING DEPARTMENT 8 q er __,. ~f:1.8 Rt~:s' ~
~ No. 57587 t
v",-'-. c'"' / 7·.U • Z'.f'-\; r/'-~~"-~'" "-.."--or CAL ,.;:G GRADING PLANS FOR:

SAREM RESIDENCE
(4005 SKYLINE ROAD)
GR2021-0016 DETAILS CD2021-0011
APPROVED: JASON S. GELDERT
r ..... e,..,,.,,tt4.,, 9;2s;2021
I 6/16/23 / M.F.B. /f1\ REVISIONS TO DETAILS 2, 10, & 14, AND PERMEABLE/ I / lcbF, I IENGINEERING ;i-ANAGER RCE 63912 EXPIRES 9/30/22 DATE

DA TE I INITIAL
ENGINEER Of WORK
PAVEMENT AREA.

REVISION DESCRIPTION

DA TE I INITIAL DATE I INITIAL

OTHER APPROVAL CITY APPROVAL
OWN BY: .... , ..... PROJECT NO. DRAWING NO.

CHKD BY: MBI
RVWD BY: DER CDP 2020-0017 531-lA
GRADING SUBMITTAL NO. 1
8 6
TIER 2 CITY STORM WATER POLLUTION PREVENTION PLAN (TIER 2 SWPPP)

STORM WATER POLLUTION PREVENTION NOTES
APN :AREA OF DISTURBANCECONSTRUCTION THREAT: OWNER/APPLICANT: SITE ADDRESS:EMERGENCY CONTACT : SHEET INDEX:

OWNER'S CERTIFICATION:

WEATHER TRIGGERED ACTION PLAN
LEGEND
CASQA DesignationConstruction Activity(BMP) DescriptionBest Management Practice* Erosion Control
Sediment Control BMPs
BMPs
Tracking
Control BMPs
Non-Storm WaterManagement BMPs
Waste Management and Materials
Pollution Control BMPs

BEST MANAGEMENT PRACTICES (BMP) SELECTION TABLE
SITE
1 3 9 A v e n i d a N a v a r r o
S a n C l e m e n t e , C A 9 2 6 7 2
9 4 9 . 4 9 2 . 8 5 8 6
w w w . t o a l e n g i n e e r i n g . c o m

C I V I L E N G I N E E R I N G

L A N D S U R V E Y I N G

S T O R M W A T E R Q U A L I T Y
531-1A
MBI
DER
DocuSign Envelope ID: B4ACC9E2-B80E-4BE8-A100-C7CE44A44F44 9/28/2021
DocuSign Envelope ID: DF442E30-62D9-496A-98BD-C3E286D8DE1A March 12, 2024
Item #8 Page 56 of 135

GENERAL SITE MANAGEMENT REQUIREMENTS
THE FOLLOWING GENERAL SITE MANAGEMENT REQUIREMENTS SHALL 8£ ADHERED TO THROUGHOUT THE DURATION OF THE CONSTRUCTION WORK (YEAR ROUND}.

1. IN CASE EMERGENCY WORK IS REQUIRED, CONTACT.· JEFF PIVA AT (TEL.NO.} (760) 500-1276

2. DEVICES SHOWN ON CITY APPROVED PLANS SHALL NOT 8£ MOVED OR MODIFIED WITHOUT THE APPROVAL OF THE ENGINEERING INSPECTOR.

3. THE CONTRACTOR SHALL RESTORE ALL EROSION CONTROL DEVICES TO WORKING ORDER TO THE SATISFACTION OF THE CITY ENGINEER AFTER EACH RUN-OFF PRODUCING RAINFALL.

4. THE CONTRACTOR SHALL INSTALL ADDITIONAL EROSION CONTROL MEASURES AS MAY 8£

REQUIRED BY THE CITY ENGINEER DUE TO UNCOMPLETED GRADING OPERATIONS OR UNFORSEEN CIRCUMSTANCES WHICH MAY ARIS£

5. THE CONTRACTOR SHALL 8£ RESPONSIBLE AND SHALL TAKE NECESSARY PRECAUTIONS

TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATERS CREA TE A HAZARDOUS CONDITION.

6. GRADING AREAS AROUND THE PROJECT PERIMETER MUST DRAIN AWAY FROM THE FACE OF SLOPE AT THE CONCLUSION OF EACH WORKING DAY.

7. ALL REMOVABLE PROTECTIVE DEVICES SHALL 8£ IN PLACE AT THE END OF EACH WORKING DAY WHEN FIVE (5) DAY RAIN PROBABILITY FORECAST EXCEEDS FORTY PERCENT (40%}. SILT AND OTHER DEBRIS SHALL 8£ REMOVED AFTER EACH RAINFALL.

8. ALL GRAVEL BAGS SHALL CONTAIN 3/4 INCH MINIMUM AGGREGATE.

9. ALL EXPOSED DISTURBED AREAS MUST HA VE EROSION PROTECTION BMPs PROPERLY INSTALLED. THIS INCLUDES ALL BUILDING PADS, UNFINISHED ROADS, AND SLOPES.

10. ADEQUATE PERIMETER PROTECTION BMPs MUST BE INSTALLED AND MAINTAINED AND WILL BE UPGRADED, IF NECESSARY, TO PROVIDE SUfflCIENT PROTECTION FROM RUNOFF DURING RAIN EVENTS.

II. ADEQUATE SEDIMENT CONTROL BMPs MUST BE INSTALLED AND MAINTAINED.

12. ADEQUATE BMPs TO CONTROL OFFS/TE SEDIMENT TRACKING MUST 8£ INSTALLED AND MAINTAINED.

13. A MINIMUM OF 125% OF THE MATERIAL NEEDED TOO INSTALL STANDBY BMPs TO

PROTECT THE EXPOSED AREAS FROM EROSION AND PREVENT SEDIMENT DISCHARGES, MUST BE STORED ONSITE. AREAS ALREADY PROTECTED FROM EROSION USING PHYSICAL STAB/LIZA TION OR ESTABLISHED VEGETATION STAB/LIZA TION BMPs ARE NOT CONSIDERED TO BE "EXPOSED" FOR PURPOSES OF THIS REQUIREMENT.

14. THE OWNER/DEVELOPER/CONTRACTOR MUST FOLLOW "M'A THER TRIGGERED" ACTION PLAN AND 8£ ABLE TO DEPLOY STANDBY BMPs TO PROTECT THE EXPOSED PORTIONS OF THE SITE WITHIN 48 HOURS OF A PREDICTED STORM EVENT (A PREDICTED STORM EVENT IS DEFINED AS A 40% CHANCE OF RAIN WITHIN A 5-DA Y NATIONAL WEATHER SERVICE FORECAST). ON REQUEST, THE OWNER/DEVELOPER/CONTRACTOR MUST PROVIDE PROOF OF THIS CAPABILITY.

15. DEPLOYMENT OF PHYSICAL OR VEGETATION EROSION CONTROL BMPs MUST COMMENCE AS SOON AS SLOPES ARE COMPLETED. THE OWNER/DEVELOPER/CONTRACTOR MAY NOT RELY

ON THE ABILITY TO DEPLOY STANDBY BMP MATERIALS TO PREVENT EROSION OF SLOPES THAT HA VE BEEN COMPLETED.

16. THE AREA THAT CAN BE CLEARED, GRADED, AND LEFT EXPOSED AT ONE TIME IS

LIMITED TO THE AMOUNT OF ACREAGE THAT THE CONTRACTOR CAN ADEQUATELY PROTECT PRIOR TO A PREDICTED RAIN EVENT. FOR LARGER SITES, GRADING SHOULD BE PHASED.

IT MAY BE NECESSARY TO DEPLOY EROSION AND SEDIMENT CONTROL BMPs IN AREAS THAT

ARE NOT COMPLETED, BUT ARE NOT ACTIVELY BEING WORKED BEFORE ADDITIONAL GRADING IS ALLOWED TO PROCEED, AT THE DISCRETION OF THE CITY INSPECTOR.

17. ALL DISTURBED AREAS THAT ARE NOT COMPLETED AND/OR NOT BEING ACTIVELY GRADED MUST BE FULLY PROTECTED FROM EROSION IF LEFT FOR 14 OR MORE DAYS. THE ABILITY TO INSTALL BMP MATERIALS IN A PROMPT MANNER IS 1Kll SUFFICIENT. BMPs NEED TO BE INSTALLED IN THESE AREAS.

18. BMPs MUST BE STOCKPILED AT VARIOUS LOCATION THROUGHOUT THE PROJECT SITE THROUGHOUT THE YEAR. WHENEVER THERE IS A 40% CHANCE OR GREATER OF A RAIN WITHIN A THREE (3) DAY FORECAST, THE INSPECTOR WILL VERIFY THAT BMPs ARE ADEQUATELY STOCKPILED. BMPs MUST BE STOCKPILED AND READY FOR DEPLOYMENT WHEN THERE IS 50% CHANCE OF RAIN WITHIN A 48 HOUR FORECAST. FAILURE TO COMPLY WITH

THIS REQUIREMENT COULD RESULT IN THE ISSUANCE OF A STOP WORK NOTICE OR OTHER ENFORCEMENT ACTION.

19. ALL TREATMENT AND EROSION CONTROL BMPs MUST BE INSPECTED M'EKLY AND PRIOR TO A FORECASTED RAIN EVENT OF GREATER THAN 50%; AND AFTER A RAIN EVENT.

IN ADDITION, TREATMENT CONTROL BMPs MUST BE SERVICED AS NEEDED THROUGHOUT THE YEAR.

20. IF SELECTED BMP FAILS DURING A RAIN EVENT, IT MUST BE REPAIRED OR IMPROVED OR REPLACED WITH AN ACCEPTABLE AL TERNA TE AS SOON AS IT IS SAFE TO DO SO. THE

FAILURE OF A BMP INDICATES IT WAS NOT ADEQUATE FOR THE CIRCUMSTANCES IN WHICH IT WAS USED. REPAIRS AND REPLACEMENT MUST THEREFORE PUT A MORE ROBUST BMP MEASURE IN PLACE.

21. ALL CONSTRUCTION EMPLOYEES MUST BE TRAINED ON THE IMPORTANCE OF STORM

WATER POLLUTION PREVENTION AND BMP MAINTENANCE

THE DEVELOPER SHALL DEPLOY STANDBY BEST MANAGEMENT PRACTICE MEASURES TO COMPLETELY PROTECT THE EXPOSED PORTIONS OF THE SITE WITHIN 48 HOURS OF A PREDICTED STORM EVENT ( A PREDICTED STORM EVENT IS DEFINED AS A FORECASTED, 40% CHANCE OF RAIN BY THE NATIONAL M'A THER SERVICE), IN ADDITION TO BMPs IMPLEMENTED

YEAR-ROUND INCLUDING PERIMETER CONTROL, WIND EROSION CONTROL, TRACKING, NON-STORM WATER CONTROL, WASTE MANAGEMENT, AND MATERIALS POLLUTION CONTROL.

THE NATIONAL WEATHER SERVICE FORECAST SHALL BE MONITORED AND USED BY THE DEVELOPER ON A DAILY BASIS. IF PRECIPITATION IS PREDICTED ( 40% CHANCE OF

RAIN), THEN THE NECESSARY WATER POLLUTION CONTROL PRACTICES SHALL BE DEPLOYED WITHIN 48 HOURS AND PRIOR TO THE ONSET OF THE PRECIPITATION.

THE DEPLOYMENT OF THE BMPS SHALL INCLUDE BUT NOT BE LIMITED TO GRAVEL BAGS AND SILT FENCES. A MINIMUM OF 125% OF THE MATERIAL NEEDED TO INSTALL STANDBY BEST

MANAGEMENT PRACTICES MEASURES TO PROTECT THE EXPOSED AREAS FORM EROSION AND PREVENT SEDIMENT DISCHARGES MUST BE STORED ON-SITE. AREAS THAT HAVE ALREADY

BEEN PROTECTED FROM EROSION USING PHYSICAL STAB/LIZA TION OR ESTABLISHED

VEGETATION STAB/LIZA TION BMPS AS DETERMINED BY THE CITY OF CARLSBAD ARE NOT CONSIDERED TO 8£ "EXPOSED" FOR THE PURPOSES OF "WEATHER TRIGGERED ACTION PLAN~

AN ADEQUATE SOURCE OF EQUIPMENT AND WORKERS SHALL BE AVAILABLE FOR DEPLOYMENT OF "WEATHER TRIGGERED BMPS~
N:\200xx\20036\Drawings\Civil\20036-gp-06.dwg 08/31/2021 10:07

EROSION CONTROL HYDROSEEDING, PLANTING AND /RR/GA TION

1. ALL PERMANENT AND TEMPORARY EROSION CONTROL PLANTING AND /RR/GA TION SHALL BE INSTALLED AND MAINTAINED AS REQUIRED IN SECTION 212 OF THE STANDARD SPECIF/CATIONS AND THE FOLLOWING:

A HYDROSEEDING SHALL BE APPLIED TO:
1 ALL SLOPES THAT ARE GRADED 6: 1 (HORIZONTAL TO VERTICAL} OR STEEPER WHEN THEY ARE:
a. THREE FEET OR MORE IN HEIGHT AND ADJACENT TO PUBLIC
WALL OR STREET.
b. ALL SL OPES 4 FEET OR MORE IN HEIGHT.
2 AREAS GRADED FLATTER THAN 6: 1 WHEN ANY OF THE
FOLLOWING CONDITIONS EXIST:
a. NOT SCHEDULED FOR IMPROVEMENTS (CONSTRUCTION OR
GENERAL LANDSCAPING) WITHIN 60 DAYS OF ROUGH GRADING.
b. IDENTIFIED BY THE PARKS AND RECREATION DIRECTOR AS
HIGHL Y VISIBLE TO THE PUBLIC.
c. HA VE ANY SPECIAL CONDITION IDENTIFIED BY THE CITY
ENGINEER THAT WARRANTS IMMEDIATE TREATMENT.

B HYDROSEEDING AREAS SHALL BE /RR/GA TED IN ACCORDANCE WITH THE FOLLOWING CRITERIA:

I ALL SLOPES THAT ARE GRADED 6: 1 OR STEEPER AND THAT AR£· a. THREE TO EIGHT FEET IN HEIGHT SHALL BE /RR/GA TED BY HAND

WATERING FROM QUICK COUPLERS/HOSE BIBS OR A

CONVENTIONAL SYSTEM OF LOW PRECIPITATION SPRINKLER
HEADS PROVIDING 100% COVERAGE
b. GREATER THAN 8 FEET IN HEIGHT SHALL BE WATERED BY A

CONVENTIONAL SYSTEM OF LOW PRECIPITATION SPRINKLER HEADS PROVIDING 100% COVERAGE.
2 AREAS SLOPED LESS THAN 6:7 SHALL BE IRRIGATED AS APPROVED BY THE CITY ENGINEER, PRIOR TO HYDROSEEDING. THE DEVELOPER SHALL

SUBMIT A PROPOSED SCHEME TO PROVIDE /RR/GA TION TO THE CITY ENGINEER. THE PROPOSAL SHALL BE SPECIFIC REGARDING THE
NUMBERS, TYPE, AND COSTS OF THE ELEMENTS OF THE PROPOSED SYSTEM. 3 /RR/GA TION SHALL MAINTAIN THE MOISTURE LEVEL OF THE SOIL AT THE OPTIMUM LEVEL FOR THE GRADING OF THE HYDROSEEDED GROWTH.

C HYDROSEEDING MIX SHALL CONSIST OF ALL OF THE FOLLOWING:

I SEED MIX SHALL CONSIST OF NO LESS THAN:
a. 20 lbs. PER ACRE OF ROSE CLOVER
b. 20 lbs PER ACRE OF ZORRO FESCUE
c. Jibs PER ACRE OF £ SCHOOL CIA CALIFORNICA
d. 4 lbs PER ACRE OF ACHILLEA MILLEFOLIA
e. Jibs PER ACRE OF AL YSSUM (CARPET OF SNOW)
f. I /2 lb. PER A CR£ IF DIMORPHOLECA
g. ITEMS c, d, e, AND f OF THIS SUBSECTION MAY BE OMITTED ON

VISIBLE FROM EITHER A PUBLIC STREET OR RESIDENTIAL
STRUCTURES.
h. ITEM a OF THIS SUBSECTION MUST BE INOCULATED WITH A

NITROGEN FIXING BACTERIA AND APPLIED DRY EITHER BY
DRILLING OR BROADCASING BEFORE HYDROSEEDING.
i. ALL SEED MATERIALS SHALL BE TRANSPORTED TO THE JOBS/TE

IN UNOPENED CONTAINERS WITH THE CALIFORNIA DEPARTMENT
OF FOOD AND AGR/CUL TUR£ CERT/FICA TION TAG ATTACHED TO, OR PRINTED ON SAID CONTAINERS.
j NON-PHYTO-TOX/C WEmNG AGENTS MAY BE ADDED TO THE
HYDROSEED SLURRY AT THE DISCRETION OF THE CONTRACTOR.
2 TYPE I MULCH APPLIED AT THE RA TE OF NO LESS HAN 2000 lbs PER ACRE. TYPE 6 MULCH (STRAW) MAY BE SUBSTITUTED, WHEN STRAW IS USED,

IT MUST BE ANCHORED TO THE SLOPE BY MEGHAN/CALLY PUNCHING NO LESS THAN 50% IF THE STRAW INTO THE SOIL.
3 FERTILIZER CONSISTING OF AMMONIUM PHOSPHATE SULFA TE, 16-20-0 WITH 15% SULPHUR APPLIED AT THE RA TE OF 500 lbs. PER ACRE.

D AREAS TO BE HYDROSEEDED SHALL BE PREPARED PRIOR TO HYDROSEEDING:

I ROUGHENING THE SURFACE TO BE PLANTED BY ANY OR A
COMB/NATION OF:
a. TRACK WALKING SLOPES STEEPER THAN 6: 1.
b. HARROWING AREAS 6: I OR FLATTER THAT ARE SUFFICIENTLY FRIABLE.
2 AREAS GRADED FLATTER THAN 6: I WHEN ANY OF THE FOLLOWING CONDITIONS EXIST.·
a. ADJUSTING THE SURFACE SOIL MOISTURE TO PROVIDE A DAMP BIT NOT SATURATED SEED BED.
b. THE ADDITION OF SOIL AMENDMENTS, PH ADJUSTMENT. LEACHING

COVERING SALINE SOILS TO PROVIDED VIABLE CONDITIONS FOR GROWTH.
£ HYDROSEEDING AREAS SHALL BE MAINTAINED TO PROVIDE A VIGOROUS GROWTH

UNTIL THE PROJECT IS PERMANENTLY LANDSCAPED OR, FOR AREAS WHERE

HYDROSEEDING IS THE PERMANENT LANDSCAPING, UNTIL THE PROJECT IS COMPLETED AND ALL BONDS RELEASED.

2. ALL SLOPES SHALL HA VE /RR/GA TION INSTALLED AND BE STABILIZED, PLANTED AND/OR HYDROSEEDED WITHIN TEN (10) DAYS OF THE TIME WHEN EACH SLOPE IS BROUGHT TO GRADE AS SHOWN ON THE APPROVED GRADING PLANS.

3. SHOULD GERM/NATION OF HYDROSEEDED SLOPES FAIL TO PROVIDE EFFICIENT COVERAGE OF GRADING SLOPES (90% COVERAGE} PRIOR TO OCTOBER I, THE SLOPES SHALL BE STABILIZED BY AN APPROPRIATE EROSION CONTROL MAmNG MATERIAL APPROVED BY THE PUBLIC WORKS INSPECTOR.

4. LANDSCAPING SHALL BE ACCOMPLISHED ON ALL SLOPES AND PADS AS REQUIRED BY

THE CITY OF CARLSBAD LANDSCAPE MANUAL, THE LANDSCAPING PLANS FOR THIS PROJECT OR AS DIRECTED BY THE CITY ENGINEER OF PLANNING DIRECTOR.

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Gradinn /Soil Disturbance y y y
Trench in a /Excavation
~
Stockoilina X X
Ori/Jinn /Barino
A Concrete/Asohalt Sawcuttina
Concrete Fla/work
)( Pavina
Conduit/Pine Installation
)( Stucco/Mortar Work
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Other Oist l:

Instructions:

I. Check the box to the left of all applicable construction activity (first column) expected to occur during construction.

2. Located along the top of the BMP Table is a list of BMP's with it's corresponding California Stormwater Quality Association (CASQA) designation number. Choose one or more BMPs you intend to use during construction from the list. Check the box where the chosen activity row intersects with the BMP column.

3. Refer to the CASQA construction handbook for information and details of the chosen BMPs and how to apply them to the project.

DESCRIPTION SYMBOL
EC-4, HYDROSEEDING (SIDE YARD SLOPES) EC-4
EC-7, GEO TEXTILES &: MA TS EC-7
SE-I, SILT FENCE (REAR P.L.) -x--x-
SE -5, FIBER ROLLS
5£-6, GRAVEL BAG I I I I !
5£-7, STREET SWEEPING/VACUUMING SE-1
5£-10, STORM DRAIN MANAGEMENT
0 m11111111111111111~ TR-I, STABILIZED CONSTRUCTION ENTRANCE Wl,/-1, MATERIAL DELIVERY AND STORAGE Wl,/-1
Wl,/-5, SOLID WASTE MANAGEMENT Wl,/-5
Wl,/-8, CONCRETE WASTE MANAGEMENT Wl,/-8
Wl,/-9, SANITARY/SEPTIC WASTE MANAGEMENT Wl,/-9

QUANTITY
3,000 SF
5,000 SF
480 LF
200 LF
1,200 EA
DAILY
70 EA
400 SF
1 EA
1 EA
I EA
I EA
I UNDERSTAND AND ACKNOWLEDGE THAT I MUST.· (1) IMPLEMENT BEST MANAGEMENT PRACTICES (BMPs) DURING CONSTRUCTION ACTIVITIES

TO THE MAXIMUM EXTENT PRACTICABLE TO A VOID THE MOB/LIZA TION OF

POLLUTANTS SUCH AS SEDIMENT AND TO A VOID THE EXPOSURE OF STORM WATER TO CONSTRUCTION RELATED POLLUTANTS; AND (2) ADHERE TO, AND AT ALL TIMES, COMPLY WITH THIS CITY APPROVED TIER 2 CONSTRUCTION SWPPP

THROUGHOUT THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL THE CONSTRUCTION WORK IS COMPLETE AND SIGNED OFF BY THE CITY OF CARLSBAD.

SCOTT SMEii
OWNER(S)/ OWNER'S AGENT NAME (PRINT}
~
OWNER(S)/ OWNERS AGENT NAME (SIGNA TUR£)
91112021
DATE
9/1/2021
DATE

VICINITY

CITY OF OCEANSIDE
HIGHWAY, _?8

PACIFIC
OCEAN
\:I-
MAP
'O
\
-'%­·~
(c,iat-
ROA
AVE

CITY OF ENCINITAS
SHEET 6: TIER 2 SWPPP -NOTES
SHEET 7: TIER 2 SWPPP -PLAN
4005 SKYLINE ROAD
CARLSBAD, CA 92008
207-072-17
NOT TO
SCALE

CITY OF VISTA
c~ <1-'.;1/

CITY OF
:::,..---\L\ SAN MARCOS
AREA OF DISTURBANCE 26,435 S.F.
(THIS AREA INCLUDES BUT IS NOT LIMITED TO

OFF-SITE WORK INCLUDING PUBLIC IMPROVEMENTS

AND TEMPORARY DISTURBANCE SUCH AS VEHICLE

AND EQUIPMENT STAGING AREAS, CONSTRUCTION

WORKER FOOT TRAFFIC, SOIL/GRAVEL PILES, UTILITY

TRENCHES, BACKFILL CUTS AND SLOPE KEYWA YS)
CONSTRUCTION THREAT TO STORM WATER QUALITY (CHECK BOX}:
~ HIGH □ MEDIUM
NAME: SCOTT & KYRA SAREM
ADDRESS: 6684 LEMON LEAF DRIVE, CARLSBAD, CA 92011
TELEPHONE NO.: TEL: (760) 533-2470
NAME: BMG CONSlRUCTION -JEFF PIVA
ADDRESS: P.O. BOX 131433, CARLSBAD, CA 92013
TELEPHONE NO.: TEL: (760) 500-1276

5. THE OWNER/APPLICANT SHALL ENSURE THAT ALL CONTRA
COORDINATE THE WORK OF THIS CONSTRUCTION SWPPP SHOWN 0,

PLANS, LANDSCAPE AND /RR/GA TION PLANS, AND IMPROVEMENT P, REQUIRED FOR THIS PROJECT WORK.
~o:iys:;1/NG l----+---+--------------1---+---+----+------11 SHEET I CITY OF CARIBBAD I SHEETS I .ANS AS t-----+--+---------------+-----+--+-----+--------1 ENGINEERING DEPARTMENT GRADING PLANS FOR:

SAREM RESIDENCE
ESSJ t----+---+--------------+----+---+----+------1 (4005 SKYLINE ROAD) ~0. AL ~~ R,~ % l----+----+--------------+----+------,1----+------I GR2021-0016 TIER 2 SWPPP _ NOTES CD2021-0011 I ' ~-1. g / tr' j t-----+--+---------------+-----+--1-----+--------1 APPROVED: JASON S. GELDERT ENGINEERING, INC. ii No. s1sa1 g;: t-----+--+---------------+-----+--1-----+--------1L .., ..... ""u6a=""'"""" ... tt,r,I,,"",,-----------__ ~ ~@ /J. ,,, ,,. ENGINEERING ~ANAGER RCE 63912 EXPIRES 9/30/22 DATE V '(!Y ~~ 9-/.7/ ~,,.~ orc1;~l1,"',..~ DATE INITIAL DATE INITIAL DATE INITIAL g~~D B~~: """ PROJECT NO. DRAWING NO.

CALEB Rios R.C.E575s7 DATE: ---~~ .::::::::::::::-ENGINEER oF WORK REVISION DESCRIPTION OlHER APPROVAL c1TY APPROVAL RVWD BY: --CDP 2020-0017 GRADING SUBMITTAL NO. 1

E E E E E E E E
275
LOT 25 (POR)
30'
30'
N89°28'48"E 286.90'
N84°57'43"W 272.03'
N08°14'58"W 79.37'
4005 SKYLINE ROAD
MAP 2647 / CARLSBAD HEIGHTS
LOT 24 (PORTION)
207-072-17-00
SAREM FAMILY TRUST 07-17-08
3975 SKYLINE ROADLOT 25 (PORTION)
207-064-05-00
COVIELLO FAMILY TRUST 06-04-97
4020 SUNNYHILL DRIVE
LOT 29
207-064-04-00

EDWARDS JOSHUA B & TERRI

L REVOCABLE LIVING TR
4030 SUNNYHILL DRIVE
LOT 30
207-072-01-00

TUOMI NATALIE FAMILY
TRUST 04-24-95
4015 SKYLINE ROADLOT 24 (PORTION)
207-072-16-00
COX FAMILY 2001 TRUST 12-19-01
R=1170.00 L=99.97'

MAIN LEVEL
T/SLAB=298.32
PAD=297.65
2-CARGARAGE
1-CAR
GARAGE
GYM
T/SLAB=299.82
PAD=299.15
POOL

BY OTHERS
8 7
NOTE
1 3 9 A v e n i d a N a v a r r o
S a n C l e m e n t e , C A 9 2 6 7 2
9 4 9 . 4 9 2 . 8 5 8 6
w w w . t o a l e n g i n e e r i n g . c o m

C I V I L E N G I N E E R I N G

L A N D S U R V E Y I N G

S T O R M W A T E R Q U A L I T Y
531-1A

STAPLE DETAIL
PLAN

SECTION B-BSIGN DETAIL
DETAIL

WATERPROOFED CONCRETE WASHOUT AREA
DETAIL

GRAVEL BAG BERM
PLAN

SECTION X-X
DETAIL

STORM DRAIN INLET PROTECTION
DETAIL

FIBER ROLL
DETAIL

STABILIZED CONSTRUCTION ENTRANCE
MBI
DER
DocuSign Envelope ID: B4ACC9E2-B80E-4BE8-A100-C7CE44A44F44 9/28/2021
DocuSign Envelope ID: DF442E30-62D9-496A-98BD-C3E286D8DE1A March 12, 2024
Item #8 Page 57 of 135
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2"X 4" WOOD POST. STANDARD OR NETTER OR
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FILTER FABRIC t.tATERIAL 60" WIDE ROLLS.

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DETAIL

SILT FENCE

NOT TO SCALE
18"
N:\200xx\20036\Drawings\Civil\20036-gp-07.dwg 08/31/2021 10:07

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NOT TO SCALE

FIBER ROLLS
ENTRENCHMENT DE[AlL
~INSTALL A FIBER ROLL NEAR
• SLOPE WHERE IT TRANSITIONS

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Ill "\
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JYPI®. FJBER RQLl INSJALLADPN
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ENGINEERING, INC.
10·
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PER C.A.S.Q.A. WM-8. NOT TO SCALE NOT TO SCALE

THE LOCATION AND TYPE OF EROSION

AND SEDIMENT CONTROL MEASURES

TO BE USED MAY CHANGE DURING
THE COURSE OF CONSTRUCTION. ll-lE

CONTRACTOR SHALL IMPLEMENT THE

CONTROLS NECESSARY TO PREVENT

NON-STORMWATER, SEDIMENT, AND

CONTAMINATED RUNOFF DISCHARGES
FROM THE SITE AT ALL TIMES.
/ ~ESS/~
8'#,tY"ts R lo,§ %
C, -
fsHml CITY OF CARIBBAD I SHEETS I
1------+---+--------------+----+---+----+---1 L_j ENGINEERING DEPARTMENT 1------+---+--------------+----+---+----+---1
GRADING PLANS FOR:

SAREM RESIDENCE
(4005 SKYLINE ROAD)
1----+---+--------------+---+---+---+---1 'GR2021-0016 TIER 2 SWPPP -PLAN CD2021-0011 APPROVED: JASON S. GELDERT
r,,,.. e,,.,.,.,,a 1,,,.,
@@@
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"""""' " • ,.,.z)\~ ~-.,.
· · · 57587 DATE: ~~OF c~Ll'<:l
ENGINEERING MANAGER RCE 63912 EXPIRES 9/30/22 DATE
• ' ' DWN BY: M.F,B,
• DATE I INITIAL DATE I INITIAL DATE I INITIAL CHKD BY: __ _ ENGINEER OF WORK REVISION DESCRIPTION OlHER APPROVAL CITY APPROVAL RVWD BY:

PROJECT NO. 11 DRAWING NO.

CDP 2020-0017
GRADING SUBMITTAL NO. 1

E E E E E E E
MAIN LEVELT/SLAB=298.32PAD=297.65
2-CAR
GARAGE
1-CARGARAGE
GYM
T/SLAB=299.82
PAD=299.15

POOL & SPA
LOT 25 (POR)
N89°28'48"E 286.90'
N84°57'43"W 272.03'
N08°14'58"W 79.37'
4005 SKYLINE ROAD
MAP 2647 / CARLSBAD HEIGHTS
LOT 24 (PORTION)
207-072-17-00
SAREM FAMILY TRUST 07-17-08
3975 SKYLINE ROADLOT 25 (PORTION)
207-064-05-00
COVIELLO FAMILY TRUST 06-04-97
4020 SUNNYHILL DRIVE
LOT 29
207-064-04-00

EDWARDS JOSHUA B & TERRI

L REVOCABLE LIVING TR
4030 SUNNYHILL DRIVE
LOT 30
207-072-01-00

TUOMI NATALIE FAMILY
TRUST 04-24-95
4015 SKYLINE ROADLOT 24 (PORTION)
207-072-16-00
COX FAMILY 2001 TRUST 12-19-01
R=1170.00 L=99.97'
DMA-1
DETAIL

BIOFILTRATION W/ PARTIAL RETENTION
1PERVIOUS
PAVEMENTSEMI-ANNUALLY SD-6B 2,540 SF.ANNUALLY

PROPOSED PERVIOUS PAVING
2BIOFILTRATION W/
PARTIAL RETENTIONMONTHLY PR-1423 SF.ANNUALLY
DMA-1 TABLE

WQMP LEGEND

PROPOSED IMPERVIOUS PAVEMENT

PROPOSED BUILDING ADDITION

PROPOSED STORM DRAIN
INLET

PROJECT AREA BOUNDARY

PROPOSED BIOFILTRATION BMP

1. THESE BMPS ARE MANDATORY TO BE INSTALLED PER MANUFACTURER'S RECOMMENDATIONS OR THESE PLANS.

2. NO CHANGES TO THE PROPOSED BMPS ON THIS SHEET WITHOUT PRIOR APPROVAL FROM THE CITY ENGINEER.

3. NO SUBSTITUTIONS TO THE MATERIAL OR TYPES OR PLANTING TYPES WITHOUT PRIOR APPROVAL FROM THE CITY ENGINEER.

4. NO OCCUPANCY WILL BE GRANTED UNTIL THE CITY INSPECTION STAFF

HAS INSPECTED THIS PROJECT FOR APPROPRIATE BMP CONSTRUCTION AND INSTALLATION.

BMP NOTES:

PARTY RESPONSIBLE FOR MAINTENANCE:

NAME

ADDRESS
PHONE NO.

PLAN PREPARED BY:

NAME

ADDRESS
PHONE NO.

COMPANY

5. REFER TO MAINTENANCE AGREEMENT DOCUMENT.

6. SEE PROJECT SWMP FOR ADDITIONAL INFORMATION.

BMP CONSTRUCTION AND INSPECTION NOTES:

THE EOW WILL VERIFY THAT PERMANENT BMPS ARE CONSTRUCTED

AND OPERATING IN COMPLIANCE WITH THE APPLICABLE
REQUIREMENTS. PRIOR TO OCCUPANCY THE EOW MUST PROVIDE:

1. PHOTOGRAPHS OF THE INSTALLATION OF PERMANENT BMPS

PRIOR TO CONSTRUCTION, DURING CONSTRUCTION, AND AT
FINAL INSTALLATION.

2. A WET STAMPED LETTER VERIFYING THAT PERMANENT BMPS

ARE CONSTRUCTED AND OPERATING PER THE REQUIREMENTS
OF THE APPROVED PLANS.

3. PHOTOGRAPHS TO VERIFY THAT PERMANENT WATER QUALITY
TREATMENT SIGNAGE HAS BEEN INSTALLED.

PRIOR TO RELEASE OF SECURITIES, THE DEVELOPER IS RESPONSIBLE

FOR ENSURING THE PERMANENT BMPS HAVE NOT BEEN REMOVED OR

MODIFIED BY THE NEW HOMEOWNER OR HOA WITHOUT THE
APPROVAL OF THE CITY ENGINEER.

SCOTT SAREM
4005 SKYLINE ROAD
CARLSBAD, CA 92008
(760) 533-2470
CALEB RIOS, P.E.

TOAL ENGINEERING, INC.
139 AVENIDA NAVARRO
SAN CLEMENTE, CA 92672
(949) 492-8586
BMP TYPE BMP ID #SYMBOL BMP NO.MAINTENANCE

FREQUENCY

BMP TABLE

INSPECTION

FREQUENCY QUANTITY

TREATMENT CONTROL
LOW IMPACT DESIGN (L.I.D.)

SOURCE CONTROL
4TRASH ENCLOSURESC-5
1 1
2 4
8 531-1A
8 1 3 9 A v e n i d a N a v a r r o
S a n C l e m e n t e , C A 9 2 6 7 2
9 4 9 . 4 9 2 . 8 5 8 6
w w w . t o a l e n g i n e e r i n g . c o m

C I V I L E N G I N E E R I N G

L A N D S U R V E Y I N G

S T O R M W A T E R Q U A L I T Y
3STORM WATER
DETENTION VAULTMONTHLY MP-50363 C.F.ANNUALLY
3 DETAIL

WATER QUALITY SIGN
·
·

WATER QUALITY SIGN - SEE DETAIL HEREON
4,310 SF.
8/3/23

DocuSign Envelope ID: DF442E30-62D9-496A-98BD-C3E286D8DE1A 8/9/2023
March 12, 2024
Item #8 Page 58 of 135
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~ .." VEGETATION
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I r-1/:' INITIAL FILTRATION RATE = 8-12 IN./HR.

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PERMANENT WATER QUALITY

TREATMENT FACILITY

KEEPING OUR WATERWAYS CLEAN
~NTAIN Wf1H CARE -NO MODIFICATIONS WITHOUT AGENCY APPROVM.

NOTES:

POST SIGN IN BIOFILTRATION BASIN;

SIGN SHALL BE VISIBLE AT ALL TIMES

NOT TO SCALE
SITE AREA 0.572 IC 24,904 S.F.

DISTURBED AREA 0.607 IC 26,435 S.F.

HYDROLOGIC SOIL GROUP NRCS lYPE B
DEPTH TO GROUNDWATER >20 FT.

POST-PROJECT PERVIOUS AREA 0.248 IC 10,804 S.F.

IMPERVIOUS AREA
PRE-PROJECT 0.139 IC 6,043 S.F.

NEW OR REPLACEMENT 0.324 IC .. 14,100 S.F.

POST-PROJECT 0.324 IC 14,100 S.F.
•• THE IMPEIMOUS SURFACE OF 14,100 S.F. IS FROM PROJECT.-L1_ CDP APPROVAL, AND USED FOR BMP SIZING HEREON.

THE PERMITTED IMPEIMOUS AREA FOOTPRINT ~ 11,858 S.F. 11,720 S.F .. (SEE IMPEIMOUS AREA NOTE ON GRADING PLAN SHEET 2)
fsHml CITY OF CARIBBAD I SHEETS I
r---t1-r---------+--r---+1-r---t1-----1 L_J ENGINEERING DEPARTMENT 1-· ---+· ---+· -------------t----,-1----1---1-· --1-I GRADING PLANS FOR:

SAREM RESIDENCE
(4005 SKYLINE ROAD)
1-.~.~ .. -._+--+-A~-------·-·---c-----.-__ -__ -------t---,1----1--1--,.....,--11GR2O21-OO16 SINGLE SHEET BMP SITE PLAN CD2021-0011 6/16/23 M.F.B. 1/1\ REVISIONS FOR 2nd DRIVEWAY, GARAGE SIDE YARD, ./;+ APPROVED: JASON S. GELDERT PICKLEBALI. COURT, STORMWATER STORAGE SYSTEM, r ..... {}..,,.,,,tt /,n, POOL, POOL DECK, AND COVERED GAZEBO AREA. ENGINEERING MANAGER RCE 63912 EXPIRES 9/30/24 DATE REPLACES SHEET SIGNED 9/28/21. DWN BY: " •" PROJECT NO. 1 f DRAWING NO./ DATE INITlAL DATE INITlAL DATE INITlAL CHKD BY:

ENGINEER OF WORK REVISION DESCRIPTION OTHER APPROVAL CITY APPROVAL RVWD BY: CDP 2020-0017 GRADING SUBMITTAL NO. 3
TOAL ENGINEERING, INC.

CIVIL ENGINEERS AND LAND SURVEYORS
139 A venida Navarro, San Clemente, CA 92672
Tel: (949) 492-8586 • www.toalengineering.com
08/23/23
City of Carlsbad
Construction Management and Inspection
Attn: Inspector
1635 Faraday Avnue
Carlsbad, CA 92008
Re: Permanent BMP Construction Certification for Sarem Residence Project No. CDP 2020 -0017; Drawing 531- lA
4005 Skyline Road
Portion of Lot 24 and 25, Map 2647 (Carlsbad Highlands) APN: 207-072-17
T
he permanent BMPs associate with this project are functional. They have been installed, inspected and are in full conformance with the approved grading plans and City standards. This Certification includes the f ollowing BMPs; • PR-1 Biofiltration Basi n (w/Partial Retention )
• SD-6B Pervious Pav ers (Source Control)
• MP-50 Storm Water Detention Vault
The Pa
rty responsible for the long term inspection, Maintenance and annual verification:

Scott Sarem
6684 Lemon Leaf Drive
Carlsbad, CA 92011
760-533-2470
Enclosed please find:

1. S ingle sheet BMP Pla n for SWQMP prepared by Toal Engineering, Inc dated 8/31/21

2. Photographs of the i nstallation of the BMPs prior to and during construction.

3. Photographs of the c ompleted BMPs installed.

EXHIBIT 9
March 12, 2024
Item #8 Page 59 of 135
If you have any questions or need any additional information please contact me at your earliest convenience.

CR/sw
20036FGC
Respectfully Yours,
Caleb 0. Rios, RCE 57587
March 12, 2024
Item #8 Page 60 of 135

E E E E E E E
MAIN LEVELT/SLAB=298.32PAD=297.65
2-CAR
GARAGE
1-CARGARAGE
GYM
T/SLAB=299.82
PAD=299.15

POOL & SPA
LOT 25 (POR)
N89°28'48"E 286.90'
N84°57'43"W 272.03'
N08°14'58"W 79.37'
4005 SKYLINE ROAD
MAP 2647 / CARLSBAD HEIGHTS
LOT 24 (PORTION)
207-072-17-00
SAREM FAMILY TRUST 07-17-08
3975 SKYLINE ROADLOT 25 (PORTION)
207-064-05-00
COVIELLO FAMILY TRUST 06-04-97
4020 SUNNYHILL DRIVE
LOT 29
207-064-04-00

EDWARDS JOSHUA B & TERRI

L REVOCABLE LIVING TR
4030 SUNNYHILL DRIVE
LOT 30
207-072-01-00

TUOMI NATALIE FAMILY
TRUST 04-24-95
4015 SKYLINE ROADLOT 24 (PORTION)
207-072-16-00
COX FAMILY 2001 TRUST 12-19-01
R=1170.00 L=99.97'
DMA-1
DETAIL

BIOFILTRATION W/ PARTIAL RETENTION
1PERVIOUS
PAVEMENTSEMI-ANNUALLY SD-6B 2,540 SF.ANNUALLY

PROPOSED PERVIOUS PAVING
2BIOFILTRATION W/
PARTIAL RETENTIONMONTHLY PR-1423 SF.ANNUALLY
DMA-1 TABLE

WQMP LEGEND

PROPOSED IMPERVIOUS PAVEMENT

PROPOSED BUILDING ADDITION

PROPOSED STORM DRAIN
INLET

PROJECT AREA BOUNDARY

PROPOSED BIOFILTRATION BMP

1. THESE BMPS ARE MANDATORY TO BE INSTALLED PER MANUFACTURER'S RECOMMENDATIONS OR THESE PLANS.

2. NO CHANGES TO THE PROPOSED BMPS ON THIS SHEET WITHOUT PRIOR APPROVAL FROM THE CITY ENGINEER.

3. NO SUBSTITUTIONS TO THE MATERIAL OR TYPES OR PLANTING TYPES WITHOUT PRIOR APPROVAL FROM THE CITY ENGINEER.

4. NO OCCUPANCY WILL BE GRANTED UNTIL THE CITY INSPECTION STAFF

HAS INSPECTED THIS PROJECT FOR APPROPRIATE BMP CONSTRUCTION AND INSTALLATION.

BMP NOTES:

PARTY RESPONSIBLE FOR MAINTENANCE:

NAME

ADDRESS
PHONE NO.

PLAN PREPARED BY:

NAME

ADDRESS
PHONE NO.

COMPANY

5. REFER TO MAINTENANCE AGREEMENT DOCUMENT.

6. SEE PROJECT SWMP FOR ADDITIONAL INFORMATION.

BMP CONSTRUCTION AND INSPECTION NOTES:

THE EOW WILL VERIFY THAT PERMANENT BMPS ARE CONSTRUCTED

AND OPERATING IN COMPLIANCE WITH THE APPLICABLE
REQUIREMENTS. PRIOR TO OCCUPANCY THE EOW MUST PROVIDE:

1. PHOTOGRAPHS OF THE INSTALLATION OF PERMANENT BMPS

PRIOR TO CONSTRUCTION, DURING CONSTRUCTION, AND AT
FINAL INSTALLATION.

2. A WET STAMPED LETTER VERIFYING THAT PERMANENT BMPS

ARE CONSTRUCTED AND OPERATING PER THE REQUIREMENTS
OF THE APPROVED PLANS.

3. PHOTOGRAPHS TO VERIFY THAT PERMANENT WATER QUALITY
TREATMENT SIGNAGE HAS BEEN INSTALLED.

PRIOR TO RELEASE OF SECURITIES, THE DEVELOPER IS RESPONSIBLE

FOR ENSURING THE PERMANENT BMPS HAVE NOT BEEN REMOVED OR

MODIFIED BY THE NEW HOMEOWNER OR HOA WITHOUT THE
APPROVAL OF THE CITY ENGINEER.

SCOTT SAREM
4005 SKYLINE ROAD
CARLSBAD, CA 92008
(760) 533-2470
CALEB RIOS, P.E.

TOAL ENGINEERING, INC.
139 AVENIDA NAVARRO
SAN CLEMENTE, CA 92672
(949) 492-8586
BMP TYPE BMP ID #SYMBOL BMP NO.MAINTENANCE

FREQUENCY

BMP TABLE

INSPECTION

FREQUENCY QUANTITY

TREATMENT CONTROL
LOW IMPACT DESIGN (L.I.D.)

SOURCE CONTROL
4TRASH ENCLOSURESC-5
1 1
2 4
8 531-1A
8 1 3 9 A v e n i d a N a v a r r o
S a n C l e m e n t e , C A 9 2 6 7 2
9 4 9 . 4 9 2 . 8 5 8 6
w w w . t o a l e n g i n e e r i n g . c o m

C I V I L E N G I N E E R I N G

L A N D S U R V E Y I N G

S T O R M W A T E R Q U A L I T Y
3STORM WATER
DETENTION VAULTMONTHLY MP-50363 C.F.ANNUALLY
3 DETAIL

WATER QUALITY SIGN
·
·

WATER QUALITY SIGN - SEE DETAIL HEREON
4,310 SF.

March 12, 2024
Item #8 Page 61 of 135
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I ,,,);;' INITIAL FILTRATION RATE = 8-12 IN./HR.

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CALEB RIOS R,C.E. 57587 DATE:
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• • • • • ~;;MANENT WATER QUALITY
--~l,ii-1&

TREATMENT FACILITY

KEEPING OUR WATERWAYS CLEAN
t.WNTMN WITH CARE -NO MODFICATIONS WITHOUT AGENCY APPR<WAI.

NOTES:

POST SIGN IN BIOFILTRATION BASIN;

SIGN SHALL BE VISIBLE AT ALL TIMES

NOT TO SCALE
SITE Nl.fA 0.572 Af:. 24,904 S.F.

DISTURBED AREA 0.607 Af:. 26,435 S.F.

HYDROLOGIC SOIL GROUP NRCS TYPE B
DEPTI-1 TO GROUNDWATER >20 FT.

POST-PROJECT PERVIOUS AREA 0.248 Af:. 10,804 S.F.

IMPERVIOUS AREA
PRE-PROJECT 0.139 Af:. 6,043 S.F.

NEW OR REPLACEMENT 0.324 Af:. .. 14,100 S.F.

POST -PROJECT 0.324 Af:. 14,100 S.F.
•• THE IMPERVIOUS SURFACE OF 14,100 S.F. IS FROM PROJECT_ & CDP APPROVAL, AND USED FOR BMP SIZING HEREON.

THE PERMITTED IMPERVIOUS AREA FOOTPRINT ~ 11,658 S.F. 11,720 S.F., (SEE IMPERVIOUS AREA NOTE ON GRADING PLAN SHEET 2)
fsHEETl CITY OF CARLSBAD I SHEE'TS I
t-1 ------+1---+--------------+1--1t-------<1--t-1 ----11 L_j ENGINEERING DEPARTMENT GRADING PLANS FOR:

SAREM RESIDENCE
( 4005 SKYLINE ROAD)
1-------+---+---A------------+---+----+-----+-----t I GR2021-0018 SINGLE SHEET BMP SIIE PLAN CD2021-0011 16/16/23 I M.F.B. 1(1\ REVISIONS FOR 2nd DRIVEWAY, GARAGE SIDE YARD, I I I I 11 APPROVED:

PICKLEBALL COURT, STORMWATER STORAGE SYSTEM,

JASON S, GELDERT
1 POOL, POOL DECK, AND COVERED GAZEBO AREA. I ENGINEERING MANAGER RCE 63912 EXPIRES 9/30/24 DATE I I REPLACES SHEET SIGNED 9/28/21. DWN BY: M.• H PROJECT NO. I I DRAYIING NO.I ' DATE INITIAL DATE INITIAL DATE INITIAL CHKD BY:

ENGINEER OF WORK REVISION DESCRIPTION OTHER APPROVAL CITY APPROVAL RVWD BY: CDP 2020-0017 GRADING SUBMITTAL NO. 3
March 12, 2024
Item #8 Page 62 of 135
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Engineering Department
Security Release/Reduction Authorization
GR2021-0016 CDP 2020-0017 (DEV2020-0110) Project #: Permit #:

Sarem Residence Project Name: Date: 13-Sep-2023
Authorized by:

Grading & Erosion Control Agreement Agreement #: SEC2148 DWG 531-1A Drawing #: Completion Date: Punch List Completed 9/6/23 New Amt Reduce/Release Security Type Bond # Original Amt Current Amt X $0.00 Grading- Bond 1001143774 $586,151.90 $586,151.90 Grading- Cash
Security
89766 $65,128.00 $65,128.00
Surety:

AMERICAN CONTRACTORS INDEMNITY COMPANY
801 SOUTH FIGUEROA STREET, STE 700
LOS ANGELES, CA 90017
5/15/23: Rcvd address confirmation from John Yi
([email protected])
Developer:

SCOTT ALEXANDER SAREM & KYRA BUSH SAREM,
SAREM FAMILY TRUST DATED JULY 17, 2008
4005 SKYLINE ROAD
CARLSBAD, CA 92008
9/7/23: Rcvd address confirmation from Scott Sarem
([email protected])
1635 Faraday Ave  Carlsbad, CA 92008-7314  442-339-2750  [email protected]  www.carlsbadca.gov DocuSign Envelope ID: 07744A89-4CF1-4744-8565-3C7A595EBB27 9/14/2023
Exhibit 10
March 12, 2024
Item #8 Page 86 of 135
( City of
Carlsbad
Request for Refund
Fee Paid For: Amount of Refund: $65,128.00 GR2021-0016
GL Account Paid AmtDate PaidFee Name Refund Amt
88613102751 GRADING CASH DEPOSIT 09/17/2021 $65,128.00 $65,128.00 Facts Supporting Request:

Project Complete – Inspector Authorizing Release
CDP 2020-001, Sarem Residence, DWG 531-1A, SEC2148
NAME OF APPLICANT:

STREET ADDRESS:

CITY, STATE & ZIP:

Scott Alexander Sarem and Kyra Bush Sarem, trustees under the Sarem Family Trust Dated July 17, 2008
4005 Skyline Road
Carlsbad, CA 92008
PREPARED BY:

APPROVING DEPARTMENT OFFICIAL:

DATE: 9/13/2023
DATE:

*Please issue one check to the applicant name as listed on the agreement 















Exhibit 11
March 12, 2024
Item #8 Page 87 of 135
{ cityof
Carlsbad
6(&












March 12, 2024
Item #8 Page 88 of 135

GRADING AND EROSION CONTROL AGREEMENT
Project ID: COP 2020-0017
NAME OF APPLICANT: Scott Alexander Sarem and Kyra Bush Sarem, trustees or their successor trustee(s) under the Sarem Family Trust Dated July 17, 2008 DATE OF AGREEMENT:
(referred to as "Ap~;r)
~ p'l,,, Ji '.JUZ.:,l-
GRADING PERMIT NO.: 2021-0016
{referred to as "Grading Permit ")
LOCATION: 4005 Skyline Road, Carlsbad, CA 92008
(referred to as "Gra ding Site")
OFFSITE LOCATION (IF ANY): _n __ / __ a ____________ ______ _ (referred to as ' Offsite Grading Location")
NAME OF DEVELOPMENT: Sarem Residence
------------------------(referred to as "Development")
GRADING PLAN NUMBER: 531-1A ---,-...;..;.----,---,-----,--,----,,,..-----,.,-------- (referred to as "Grading Plans and Specifications"
SURETY/FINANCIAL INSTITUTION: American Contractors Indemnity Company ADDRESS: 625 The City Drive So., Ste. 205, Orange, CA 92868 TOTAL AMOUNT OF SECURITY: $651,279.90
------- -------------------
TAXPAYER I.D. NO:

AMOUNT OF SECURITY POSTED AS CASH $65,128
DEPOSIT:

RECEIPT NO.
'tflltau
AMOUNT OF SECURITY POSTED OTHER THAN CASH: $586,151.90 ____ ....._ ___________ _ SECURITY FORM FOR AMOUNT OTHER THAN CASH: _S_u_re_ty...__B_on_d ________ _ (Surety Bond, Letter of Credit)
This agreement is made and entered into by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as City, and the Applicant.

RECITALS
A. The Applicant has applied for a Grading Permi~ pursuant to Chapter 15.16 of the Carlsbad Municipal Code (hereinafter referred to as "Code"), to perform grading work including excavation, fill, installation of drainage facilities, installation of desiltation/retention basins, landscaping, erosion control or any combination thereof and storm damage protection, within the City of Carlsbad, State of California, more specifically described in the application for Grading Permit referred to above and incorporated by reference herein.
1 Q.',CISJ\LilndOevlPROJECT5'COl"\COP2020 0P2020-0017 s-m Resldonco • R,ok\B & A\GRAOING ANO EROSION CONTRCl. AGREEMENT.doc.REV 01125/13 












March 12, 2024
Item #8 Page 89 of 135
novation shall relieve the Applicant of the obligations under Paragraph 10 for the work or improvement done by Applicant.

12. Time is of the Essence. Time is of the essence In this agreement.

13. Time for Commencement of Work: Time Extensions. Applicant shall commence substantial construction of the grading and erosion control work not later than three months prior to expiration of the Grading Permit I the event good cause exists as determined by the City Engineer, the time of commencement of construction may be extended. The expiration of the Grading Permit may also be extended by the City Engineer upon a showing of good cause and payment of a Grading Permit Extension Fee in he amount established by City Council Resolution. Neither extension shall be effective unless and until provided to Applicant in writing by the City Engineer. Any such extension may be granted without notice to the Applicant's Surety and shall in no way affect the validity of this agreement or release the surety on any bond given for the guarantee of performance of this agreement. As a condition of such extension, the City Engineer may require Applicant to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to compensate for any increase in construction cost as determined by the City Engineer.

14. No Vesting of Rights. Performance by Applicant of this agreement shall not be construed to vest Applicant's right with respect to any change in any zoning or building law or ordinance.

15. Notices. All notices required or provided for under this agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided In this paragraph. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices, security releases and refunds shall be addressed as follows unless a written change of address is filed with the City :

Notice to City:

Notice to Applicant :
760-533-2470
(Print Phone Number Here)
Notice to Surety:
(714) 740-7000
(Print Phone Number Here)
City Engineer
1635 Faraday Avenue
Carlsbad, CA 92008
Scott Alexander Sarem
6684 Lemon Leaf Dr
Carlsbad, CA 92011
(Print Name and Address Here)
FreddyAnvari
American Contractors Indemnity Company
625 The City Drive So., Ste. 205, Orange, CA 92868
(Print Name and Address Here)
7 [email protected]
(Print Email Address Here)
[email protected]
{Print Email Address Here)
Q:ICED1Land0ev\PROJECTS\CDF'ICOP2ll20\C0P2020-0017 Sa-em Resldonco • Ricl<IB & AIGRAOING ANO EROSION CONTRO. AGR ENT.docREV. 01125/13 EXHIBIT 12
March 12, 2024
Item #8 Page 90 of 135DocuSign Envelope ID: A37 A3620-7C7D-4 777-B00E-544 ?EA 708FE6

RECORDED REQUESTED BY

CITY OF CARLSBAD

AND WHEN RECORDED PLEASE
MAIL TO:

City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Notice is hereby given that:

DOC# 2023-0257426
111111111111 11111111111111111111 1111111111 lllll 11111 11111 1111111111111 Sep 21, 2023 03:01 PM

OFFICIAL RECORDS
JORDAN Z. MARKS

SAN DIEGO COUNTY RECORDER
FEES $0.00 (SB2 Atkins $0.00)
PAGES: 1
Space above t his line for Recorder 's use.

PARCEL NO: 207-072-21-00

NOTICE OF COMPLETION
l. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full names of the undersigned are City of Carlsbad, a municipal corporation and Carlsbad Municipal Water District (CMWD), a public agency organized under the Munic ipal Water Act of 1911, and a subsidiary district of the City of Carlsbad.

3. The fu ll address of t he undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.

4. The nature of the t it le of the undersigned is: In fee.

5. A work or improvement on the property hereinafter described was completed on Sept. 6, 2023.

6. The name of the contractor for such work or improvement is Scott Alexander Sarem and Kyra Bush Sarem, trustees or their successor trustee(s) under the Sarem Family Trust Dated July 17, 2008.

7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: CDP 2020-0017, Sarem Residence, SEC2149, DWG 531- lA, ROW2021-0729.

8. The street address of said property is 4005 Skyline Road, in the City of Carlsbad.

CITY OF CARLSBAD/CARLSBAD MUNICIPAL WATER DISTRICT
w q_
Geoff Patnoe, Assistant City Manager/Assistant Executive Manager

VERIFICATION OF CITY CLERK/ SECRETARY
I, the undersigned, say:

I am the City Clerk/ Secretary of the City of Carlsbad/ Carlsbad Municipal Water District, 1200 Carlsbad Village Drive, Carlsbad, California, ~008; t e Assistant City Ma~~er / Assistant Executive Manager of said City/ Board on n-- • \ 20P., accepted t he above described work as completed and ordered that a otice of Completion be filed.

I declare under penalty of perjury that th e foregoing is tru e and correct.

Executed on ,,Sip±·\ j , 20..:h) at Carlsbad, California.

CITY OF CARLSBAD/CARLSBAD MUNICIPAL WATER DISTRICT
Q1L

ANA MARIE ALARCON
Deputy City Clerk/ Deputy Secretary
Q:\Public Works\CM&IIA PRIVATE DEVELOPMEN T\CDP\CDP 2020--0017 GR2021-0016 Sarem Residence\NOC-APII NOC SEC2149.doc March 12, 2024
Item #8 Page 91 of 135
DocuSign Envelope ID: A37A3620-7C7D-4777-B00E-5447EA708FE6

CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT

ACCEPTANCE OF PUBLIC IMPROVEMENTS

COMPLETION OF PUBLIC IMPROVEMENTS
Scott Alexander Sarem and Kyra Bush Sarem, trustees or their successor trustee(s) under the Sarem Family Trust Dated July 17, 2008, have completed the contract work required for CDP 2020-0017, Sarem Residence, SEC2149, DWG 531-1A, and ROW2021-0729. City forces have inspected the work and found it to be satisfactory. The work consisted of:

Water (CMWD)
Streets (City)

IMPROVEMENTS
(Specify if City or CMWD)
$2,978
$4,135
VALUE

CERTIFICATION OF COMPLETION OF IMPROVEMENTS
9/13 / 2023
Date

CITY MANAGER'S/EXECUTIVE MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted.

The City Clerk or Secretary to the Board of Directors is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances.

The City of Carlsbad and Carlsbad Municipal Water District are hereby directed to commence maintaining the above described improvements.
~ Q.-
Geoff Patnoe, Assistant City Manager I Assistant
Executive Manag er
APPROVED AS TO FORM:

CINDIE K. MCMAHON, City Attorney/General Counsel
By: GiM i:ruYtr~
Deputy City Attorney/Deputy General Counsel
Date
Q:\Public Worl<s\CM&IIA PRIVATE DEVELOPME NT\CDP\CDP 2020.(1017 GR202 1-0016 Sarem Reside nce\NOC-API\API SEC2 149.doc EXHIBIT 13
March 12, 2024
Item #8 Page 92 of 135
• C IT Y OF
~ --~ CARLSBAD
•
1 : . • Office of the City Attorney
March 1, 2024

VIA EMAIL AND CERTIFIED MAIL
Aannestad Andelin & Corn
Attn : Lee Andelin, Esq. and Arie Spangler, Esq.
160 Chesterfield Drive, Suite 201
Cardiff-by-the-Sea, CA 32007
[email protected] : [email protected]
www.carlsbadca.gov
RE: Josh and Terri Edwards Appeal of City Engineer Decisions - Sarem Residence (4005 Skyline Road, Carlsbad, CA, 92008)
Dear Mr. Andelin and Mr. Spangler,
Notice is hereby given that the City Council of the City of Carlsbad will hold a public hearing on Tuesday, March 12, 2024, at 5:00 p.m., at the City Council Chamber at 1200 Carlsbad Village Drive, Carlsbad, California to hear the Grading Ordinance Appeal of Josh and Teri Edwards.

Copies of the staff report will be available on or after Friday, March 8, 2024. If you have any questions , please contact me at gina.herrera@carslbadca .gov or at 442.977.0057. If you would like to include written materials, please send those to me via email by 5:00 p.m. on Wednesday, March 6, 2024. Otherw ise, you may submit correspondence directly to the City Clerk at [email protected] by no later than 2:00 p.m. on Tuesday, March 12, 2024, for distribution to the City Council.

If you challenge the results of the appeal in court, you may be limited to only raising issues presented at the public hearing .

Sincerely,
Gina Herrera
Assistant City Attorney
City Attorn ey
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 442-339-2891 I 760-434-8367 fax EXHIBIT 14
March 12, 2024
Item #8 Page 93 of 135

CITY OF

CARLSBAD
Office of the City Attorney
March 1, 2024

VIA EMAIL AND CERTIFIED MAIL
Scott Sarem and l<yra Sarem
4005 Skyline Road
Carlsbad, CA 92008
scott@everydayenergy .us
www.carlsbadca .gov
RE: Josh and Terri Edwards Appeal of City Engineer Decisions - Sarem Residence (4005 Skyline Road, Carlsbad, CA, 92008)
Dear Mr. and Mrs. Sarem,
Notice is hereby given that the City Council of the City of Carlsbad will hold a pub.lie hearing on Tuesday, March 12, 2024, at 5:00 p.m., at the City Council Chamber at 1200 Carlsbad Village Drive, Carlsbad, California to hear the Grading Ordinance Appeal of Josh and Teri Edwards.

Copies of the staff report will be available on or after Friday, March 8, 2024. If you have any questions, please contact me at gina.herrera@cars lbadca.gov or at 442.977.0057. If you would like to include written materials, please send those to me via email by 5:00 p.m. on Wednesday, March 6, 2024. Otherwise, you may submit correspo nde·nce directly to the City Clerk at clerk@carlsbadca .gov by no later than 2:00 p.m. on Tuesday, March 12, 2024, for distribution to the City Cou nci I.

If you challenge the results of the appeal in court, you may be limited to only raising issues presented at the publ ic hearing.

Gina Herrera
Assistant City Attorney
City Atto rney
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 442-33~-2891 I 760-434-8367 fax EXHIBIT 15
March 12, 2024
Item #8 Page 94 of 135
March 6, 2024
Via Email Only
Ms. Gina Herrera
Assistant City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008

THE JON CORN LAW FIRM
160 CHESTERFIELD D RIVE • SUITE 201
CARDIFF BY THE SEA • CALIFORNIA 92007
www.joncornlaw .com • 760-944-9006
Coastal Property Rights, Land Use & Litigation
RE: Appeal of Engineering Decision for Sarem Residence (4005 Skyline Road) - Supporting Materia ls Dear Ms. Herrera,
We represent Josh and Terri Edwards, owners of the property located at 4020 Sunny hill Drive in Carlsbad ("Edwards Property") . The Edwards Property is located adjacent to and directly to the west of the property owned by Scott and Kyra Sarem, located at 4005 Skyline Drive in Carlsbad ("Sarem Property").

The Sarem Property is the subject of an appeal of a City of Carlsbad Engineering Decision broug ht by the Edwards, which will be before the City Council on March 12, 2024.

The Edwards are requesting that the City Council approve their appeal and invalidate, rescind, or void the City Engineer's decis ion to issue final approval for the Sarem grading permit, in accordance with Carlsbad Municipal Code, Section 15.16.11 0(B), which provides, in relevant portion: "The issuance or granting of a grading permit or approval of grading plans, specifications and computations shall not be construed to be a permit for, or an approval ot: any violation of any of the provisions of this chapter or any other chapter of this code. Permits presuming to give authority to violate or cancel the provisions of this chapter or any other chapter of this code shall not be valid ." (Carlsbad Mun. Code, §

15.16.1 I 0(B) [ emph. added].)
Since November 2022, after significant grading commenced on the Sarem Property, and on several occasions thereafter, the Edwards Property has been inundated by a. substantial and abnormal amount of surface water that collects along the rear fence line of the Sarem Property prin1arily during rainstorms (but also during periods of dry weather). The surface water is released from the catch basin on the Sarem Proper ty in a concentrated flow that travels directly onto the Edwards Property and has caused serious damage to our clients' backyard landscaping and improvements.

Moreover , the sudden and unexpected flo'vV of water onto the Edwards Property has frequently occurred in the middle of the night. In an effort to mitigate damages to their property and avoid damages to their home, the Echvards have frequently been forced to take emergency measures in the middle of the night in an e1fort to redirect surface water that comes gushing into their backyard from their shared property line, away from the foundatio n of their house and landscaping improvements.

March 12, 2024
Item #8 Page 95 of 135
Ms. Gina llerrera
City of Carlsbad
RE: Appeal of Engineering Decision for Sarem Residence
March 6, 2024

Below are photographs depicting the Edwards Property after the November 2022 storm:
-----...n11.:u.a. .... ___ __. ...._
Edwards Property, J\Tovember 8. 2022 Ed·wards Property, November 8, 2022 See also, videos at the following links:
• https://www.dropbox.com/scl/fi/5rz9lxc7lj8bvhcc0zexm/IMG 6558.MOV?rlkey =j81dy3ovd456e g5akl5idnu4b&dl =0 (January 16, 2023 Storm Event: concentrated storm water traveling from Sarem Property, through Edwards Property, causing damage and erosion to Edwards backyard.) • https://www.dropbox.com /scl/fi/ll9rj3ngtlcjfqydbwzwf/JMG 6566.MOV?rlkey =der3rrvua0y3fr2b 27ud ldyp7&dl =0 (January 16, 2023 Storm Event: concentrated storm water traveling from Sarem Property, through Edwards Property , causing damage and erosion to Edwards backyard.) • https://www.dropbox.com/scl/fi / l 4dommgrqck9x0920t5kl/IMG I 206.MOV?rlkey=iedeuvos6don jn9ayn2m3vpv4&dl=0 (February 25, 2023 Storm Event: concentrated storm water traveling from Sarcm Property basin, under property line fence , and onto Edwards Property.) March 12, 2024
Item #8 Page 96 of 135
Ms. Gina HeJTera
City of Carlsbad
RE: Appeal of Engineering Decision for Sarem Residenc e March 6, 2024

• https://www .dropbox .com/scl/fi/ccshd6vmlasy7e51oggna/IMG 6783 .MOV?rlkey=a2kh2823filh3 volb5vii0g3r9&dl =0 (March 10, 2023 Storm Event: storm water basin and adjacent areas on Sarem Property.)
• https://www.dropbox.com/scl/fi/96u8vv7p1heajuleninjj/IMG 6782 .MOV?rlkey =10a015firnsb7gx rnk.pflwzflb5&dl=0 (March 10, 2023 Storm Event: concentrated storm water from Sarem Property flowing through Edwards Property.)
• https ://www.dropbox .com/scl/fo/ 1 tvxb466dugl7hh8r66d3/h ?dl=0&e= 1 &preview=Stormwater+ Ru noff+-+4020 +Sunnyhill+ -+ 1.22.24+ Video+4.MOV &rlkey=vhs9zs95nkbcu3 3 knntbp4 fn8 ( January 22, 2024 Storm Event: concentrated storm water from Sarem Proper ty flowing through 1-<:dwarcls Property.)
• https://www.dropbox .com/scl/fo/1 tvxb466dugl7hh8r66d3/h?dl =0&e= l&preview=Stormwater+Ru noff +-+4020+Sunnyhill+ -+ 1.22.24+ Video+ 2.MOV &rlkey=vhs9zs95nkbcu3 3 knnfhp4 fn8 (January 22, 2024 Storm Event: concentrated storm water from Sarem Property flowing through Edwards Properly.)
The following photographs shO\.v the dramatic difference in impervious surface area at the Sarem Prope1iy before and during construction:
.

Sar em Property, prior lo constructi on of new residence, pickteball court, retention basin and additional impervious surfaces.

March 12, 2024
Item #8 Page 97 of 135
Ms. Gina HeJTera
City of Carlsbad
RE: Appeal of Engineering Decision for Sarem Residence
March 6, 2024

Sarem Property, afier construction ofne1-v residence and impervious siufc1ces including pickleball court and retention basin.

Our clients have owned and resided at the Edwards Property since 2009. While the past year has been especially rainy, many storms have occuned during the past 25 years. The Edwards have never had issues with massive amounts of concentrated water flowing from the Sarem Property - or any other uphill neighbor's property - into their yard, prior to the commencement of the Sarems' construction activities.

The Edwards understand that construction activities often result in a temporary increase in noise and dirt that can be an inconvenience for neighbors. However , the severe flooding and erosion that the Edvvards have experienced on their property is far beyond what any reasonable person could be expected to tolerate March 12, 2024
Item #8 Page 98 of 135
Ms. Gina Hen-era
City of Carlsbad
RE: Appeal of Engineering Decision for Sarem Residence
March 6, 2024

from a neighbor's constructio n activities. Indeed, it has caused them a great deal of stress, anxiety and lost productivity at work, which equates to financial damages (as Mr. Edwards is forced to miss work to prepare their propc1ty every time a storm is on its way). Additionally, the Edwards believe that it will cost a significant amount of money to repair the damage that the erosion and flooding has caused to their backyard. Even after repairs are completed and the Sarem drainage issues are sufficiently addressed, the Edwards Property is likely to suffer stigma damages as a result of the storm water problems.

Based on the amount of water that collected along the fence line and flowed directly and repeatedly onto the Edwards Property during construction, it is obvious that the Sarems and their contractors did not implement a proper construction stormwater pollution prevention plan ("SWPPP") prior to the conunencernent of construction , as required by section 15.04.020 of the Carlsbad Municipal Code. Nor did they follow section 15.16. 120 of the Carlsbad Municipa l Code, which requires the installation of erosion and sedin1entation control protective measures in advance of the start of the grading \Vork.

Finally, the project was not built in compliance with its design. All of these deficiencies have led to massive amoun ts of water inundating the Ed\vards Property.

The City of Carlsbad signed off on the grading permit, issued a notice of completion for the Sarem residence, and released the bond and deposit to the Sa.rems and/or their contractors without confirming that the drainage system was operat ing as designed and intended. In fact, at the time of final approval and sign otl: the system \Vas very obvious ly still deficient. In an effort to prevent the City from signing off on a deficient and improperly constructed drainage system, the Edwards freque ntly met with and communica ted with multiple individuals at the City of Carlsbad starting in January 2023, to no avail.

Based on the Edwards' multiple communications, the City knew that the project was not properly constructed, as it continued to cause damage to the Edwards ' Property even after the Sarems' contractors indicated that their work was complete.

City staff should not have given final signoff on the grading permit, release of bond, and notice of complet ion because of the multiple violations identified, which appear to be indisputable, regardless of whether the violations \Vere committed by the permittee in the course of completing cons truction or by the City itseU'. Specifically, these various signoffs by the City are improper because the construction does not comply ,:i.,ith section 15.16. I 30(A)(3) prohibiting damage lo adjacent property; the construction docs not comply with section 15. l 6. l 30(A)( 5) requiring protection of downstream property from adverse impacts and increased surface ,,vater runoff ; because the city engineer failed to conduct, or require the permittee to conduct, adequate testing as mandated by section 15.16. l 30(A); the post-construction runoff exceeds pre­ construct ion runoff by more than 10% in violation of the city's BMP Design Manual ~ 2.3.2(a); the work is not in substantial compliance with the terms and conditions of the permit and all app licable code provisions as required by section 15.16.140; and the construction endangers adjacent property and vvas perfom1ed without application of all BMPs and city standards as required by section 15.16.170.

Section 15.16.110( 13) provides that "[t]he issuance of a 6'1."ading permit based on approved grading plans, construct ion S WPPP, specifications and other data shall not prevent the city engineer.from thereafter requiring correction of errors in said plans, specifications and other data, or.from preventing grading opera/ions being carried on thereunder when in violation of this chapter or any other chapter of this March 12, 2024
Item #8 Page 99 of 135
Ms. Gina Herrera
City or Carlsbad
RE: Appeal or Engineering Decision for Sarcm Residence
March 6, 2024

code." (Emphas is added.) City staff should not have provided final signoff without requiring correct ion of the violations identified in the notice of appeal.

The Edwards retained Civil Engineer Brooke Spruit and Gcotechnical Engineer Josef Tootle ofEngeo to investigate the possible cause of the inundation of storm water onto the Edwards Property. (See Hydrologic Summary, dated March 5, 2024, attached.) Engeo found evidence of significant flows discharging from 4005 Skyline Road onto 4020 Sunnyhill Drive in a concentrated manner. They have not yet completed a full investigation. Based on their initial investigation, they believe this may be indicative of improperly constructed stormwater controls, including the bioretention basin and the drainage spreader that are not functioning in the intention of the proposed design. Engco believes this concentrated discharge may also be a result of limited capacity in the bioretention basin. Tt is also possible the drainage spreaders are not level or may be partially filled with sediment and may be causing an increased flow at the northern end of the spreader, resulting in a concentrated flow where the Edwards are experiencing elevated discharge. Engeo concluded that stormwater control measures were likely not constructed or installed to specification on the Sarem Property, resulting in elevated concentrated flow at one location rather than dispersed as intended.

Indeed, regm·dless of the specific cause of concentrated flov,,, the Sarems also believe their projed v,,as negligently constructed and/or that their contractors did not follow applicable codes. Enclosed please find copies of complaints filed in two separate lawsuits brought by the Sarems against their contractors: (J) Sarem v. B1vJG Construction, San Diego Superior Court Case No. 37-2023-00049569-CU-NC, filed on November 15, 2023, and (2) Sarem v. Chicweed Design & Landscape LLC, San Diego Superior Comt Case No. 37-2023-00054534-CU-BC-NC, filed on December 18, 2023. The allegations in these pleadings may be relied upon as judicial admissions by the Sarcms. (See Dang v. Smith (2010) 190 Cal.App.4th 646, 657 ["[A] pleaded fact is conclusively deemed true as against the pleader."].) We appreciate your consideration of this matter and look forward to presenting the Edwards appeal to the City Council on March 12, 2024.

Sincerely,
~~
Arie L. Spangler
cc: Clients
Lee M. Andelin, Esq.

Attachments:

1. IJydrologic Summary prepared by Brooke Spruit, PE, and Josef J. Tootle, GE, of Engeo, dated March 5, 2024;
March 12, 2024
Item #8 Page 100 of 135
Ms. Gina llerrera
City of Carlsbad
RE: Appeal or Engineering Decision for Sarem Residenc e March 6, 2024

2. Complaint in Sarem v. B}vJG Construction, San Diego Superior Court Case No. 37-2023- 00049569-CU-NC, filed on November 15, 2023; and

3. Complainl in Sarem v. Chicweed Design & Landscape LLC, San Diego Superior Court Case No. 37-2023-00054534 -CU-BC-NC , filed on December 18, 2023.

GEOTECHNICAL

ENVIRONMENTAL

WATER RESOURCES

CONSTRUCTION SERVICES

COASTAL/MARINE GEOTECHNICS

3890 Murphy Canyon Road, Suite 200  San Diego, CA 92123  (858) 573-6900 Fax (888) 279-2698 www.engeo.com

Project No.
24409.000.001
March 5, 2024

Josh & Terri Edwards
4020 Sunnyhill Drive
Carlsbad, CA 92008

Subject: 4005 Skyline Road
Carlsbad, California

HYDROLOGIC SUMMARY

References: 1. Toal Engineering, Inc. 2021. Hydrology Study, 4005 Skyline Road, Carlsbad, California. May 26, 2021.

2. Toal Engineering, Inc . 2021. Stormwater Quality Management Plan, 4005 Skyline Road, Carlsbad, California. April 14, 2021.

Dear Josh & Terri Edwards:

At your request and with your authorization, we performed a hydrologic review of the upgradient 4005 Skyline Road project based on the observed concentrated discharges you are experiencing on your property (4020 Sunnyhill Drive) . We reviewed the referenced Hydrology Study and Stormwater Quality Management Plan in addition to publicly available documents provided by the City of Carlsbad for the 4005 Skyline Road project. We also reviewed photographs, videos, and correspondence provided by you which depict concentrated discharge onto your property from the recently reconstructed improvements at 4005 Skyline Road, located upgradient from you.

The Hydrology Study presented runoff calculations in conformance with the San Diego County Hydrology Manual for the pre - and post-project condition. The hydrologic analysis indicated a pre-project 100-year runoff of 1.31 cubic feet per second (cfs) and a post-project 100-year runoff of 2.52 cfs. To match the pre-project flow rate of 1.31 cfs, the project requires a minimum detention storage of 363 cubic feet during the 100 -year peak event. Based on our review of the study, we concur with the results of the study.

We understand a detention and bioretention basin was constructed at 4005 Skyline Road that is intended to treat 363 cubic feet of water to match pre-development flow condition. The drainage was designed to convey runoff from roofs, drain inlets, and pipes to the rear of the site where an underground stormwater detention basin detains peak flows and flows are infiltrated through a bioretention unit and then dispersed through a 6-inch drainage spreader across the entire western end of the property. The intent of the spreader is to limit the concentration of post-development runoff from the property. Based on the design provided in Reference 2, this design is in conformance with the hydrologic requirements identified in the Hydrology Study to treat flows in conformance with San Diego County Low Impact Design (LID) requirements.

We performed a site reconnaissance of the Property on November 21 and December 8, 202 3, and observed the concentrated flow path as shown in the provided photos/videos. Based on our review and observations, it is evident significant flows are discharging from 4005 Skyline Road

March 12, 2024
Item #8 Page 101 of 135
ENGEO
-Expect Excellence-------------------

Josh & Terri Edwards 24409.000.001
4005 Skyline Road March 5, 2024
HYDROLOGIC SUMMARY Page 2

onto 4020 Sunnyhill Drive in a concentrated manner . This may be indicative of improperly constructed stormwater controls, including the bioretention basin and the drainage spreader that are not functioning in the intention of the proposed design.

Concentrated discharge may also be a result of limited capacity in the bioretention basin. Based on your correspondence with the City of Carlsbad and site inspection summaries, it appears construction stormwater pollution prevent program (SWPPP) best management practices (BMPs) may not have been fully implemented during construction activities after the bioretention unit and bioretention soil mix was in place. Elevated concentrations of sediment-laden flow were observed by City staff throughout the property due to lack of stormwater best management practices (BMPs) and may have impacted the percolation rate of the bioretention soil mix. This may result in a decrease in functionality and capacity of the bioretention system during high flows , and therefore, a decreased detention time and increased runoff during peak flows.

Further, it is possible the drainage spreaders are not level or may be partially filled with sediment and may be causing an increased flow at the northern end of the spreader, resulting in a concentrated flow on your property where you are experiencing elevated discharge. Based on our site reconnaissance, it appears that a high volume of runoff from the drainage spreader is concentrating on the northern end, adjacent to your property and not fully utilizing the length of the spreader.

In summary, it is our opinion that the stormwater control measures were likely not constructed or installed to specification resulting in elevated concentrated flow at one location rather than dispersed as intended. Further, the performance of the bioretention area may be resulting in less detention/infiltration capacity than designed.

If you have any questions, please do not hesitate to contact us.

Sincerely,

ENGEO Incorporated

Brooke Spruit, PE Josef J. Tootle, GE

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March 12, 2024
Item #8 Page 102 of 135
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No.

STEPHEN C. GREBING, State Bar No. 178046
[email protected]

WINGERT GREBING BRUBAKER & JUSKIE LLP
1230 Columbia Street, Suite 400
San Diego, CA 92101-3370
(619) 232-8151; Fax (619) 232-4665

Attorneys for Plaintiff

SCOTT SAREM

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN DIEGO – NORTH COUNTY DIVISION

SCOTT SAREM,

Plaintiff,

vs.

BMG CONSTRUCTION, a sole proprietorship;
JEFFREY PIVA, an individual; and DOES 1
through 20, inclusive,

Defendants.

Case No.:

COMPLAINT FOR:

1. BREACH OF CONTRACT; AND

2. NEGLIGENCE

COMES NOW PLAINTIFF SCOTT SAREM [hereinafter “SAREM”] by and through his attorneys, and alleges as follows:

PARTIES

1. Plaintiff SAREM is, and at all times herein mentioned was, an individual residing in San Diego County and the joint owner of real property located at 4005 Skyline Road, Carlsbad, California 92008 [hereinafter “Subject Property”].

2. Defendant BMG CONSTRUCTION is a sole proprietorship owned exclusively by Defendant JEFFREY PIVA [with BMG and PIVA hereinafter as “BMG”]. BMG is licensed to do business in San Diego County, California. BMG is a contractor licensed by the Contractor’s State License Board.
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No.

3. SAREM is ignorant of the true names and capacities of defendants sued as DOES 1-20, inclusive, and therefore sues those defendants by fictitious names. SAREM will amend this Complaint to allege their true names and capacities when ascertained. SAREM is informed and believes and thereon alleges that each of these fictitiously named defendants is legally responsible in some manner for the actions herein alleged, and that SAREM’s damages were proximately caused by their conduct.

JURISDICTION AND VENUE

4. Venue for this action is proper in that all of the actions of Defendants as alleged herein which serve as the basis for the damages alleged by SAREM occurred and were performed in the County of San Diego, State of California. The contract entered into by SAREM and BMG was for services to be performed in the County of San Diego, State of California. The Subject Property is located in the County of San Diego, State of California.

GENERAL ALLEGATIONS

5. On or about January 15, 2021, in San Diego County, California, SAREM entered into a written contract with BMG for the furnishing of labor, supervision, materials and supplies for the construction of a new residence on the Subject Property. A true and correct copy of the contract is attached hereto as Exhibit “A” – the “Contract”). The Contract also included a schedule of values for the costs associated with the various trades and suppliers.

6. Prior to contracting with BMG, SAREM retained several design professionals to provide plans, designs and specification for the remodel of the Subject Property. The plans, designs and specifications were reviewed and approved by the City of Carlsbad and building and grading permits were issued. The structural engineering plans provided the specifications for the structure to be built in the manner of the architectural plans and building plan approved by the City. The civil engineering plans called out all of the grading requirements as well as water remediation and drainage.

7. BMG’s estimated scope of work and the cost for the same as incorporated into the Contract were based upon the approved plans, designs and specifications for the Subject Property.

BMG estimated the total construction cost to be $2,300,000. BMG was to be paid a fee of $259,000 ///
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No. to act as the general contractor for the Subject Property remodel. BMG had sole responsibility for estimating the cost of the project.

8. In the Contract, BMG agreed to do the following:
a. Construct a new custom home according to the plans and specifications as shown on the approved drawings provided by Sarem;
b. Observe all building requirements of the City of Carlsbad; c. Handle all inspections;
d. Manage/supervise all subcontractors and suppliers hiring and scheduling; e. Only contract with licensed and insured subcontractors; and f. Indemnify and defend SAREM harmless from and against all claims and damages arising from any “act or omission” in the performance of services by BMG pursuant to the contract.

9. Unfortunately, there were several issues with the services performed by BMG at the Subject Property. Those issues included:
a. Failing to enter into written contracts with subcontractors; b. Approving payment to subcontractors when substandard work had been performed; c. Contracting with unlicensed subcontractors;
d. Hiring PIVA’s son (Bryant Piva Builders) without a contract and resulted in an increase in price from the estimate for framing to exceed over $100,000 from the budget provided by Piva in the contract;
e. Representing the subcontractors were competent and had adequate experience; f. Failing to obtain competitive bids from suppliers and subcontractors; g. Failing to properly schedule and manage the project keep it on time and within the agreed upon budget;
h. Failing to inspect the work of the subcontractors to ensure compliance with the building codes enacted by the City of Carlsbad, industry standards and the building and engineering plans and specifications for the project. As an example, BMG ordered and installed the wrong sized sliding doors. These doors were supposed to March 12, 2024
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No. be 9 feet tall and installed using a flush beam according to both the architect’s and structural engineering plans that has been approved by the City. The error was the result of BMG’s failure to correctly read the plans and specifications and failing to consult with either the architect or the structural engineer as described in the attached letters from the architect and structural engineer. ; Another example was Piva’s representation that drainage work performed by CW Landscape was done correctly and that they were “Rock Stars.” In reality, Piva failed to check CW’s work against the civil engineering plans, which was a requirement of the grading permit, and the drainage failure caused significant damage and delay from December 2, 2022 through August 10, 2023.
i. Failing to adequately prepare the project for inclement weather to prevent damage to the project and adjacent properties; and
PIVA routinely failed to properly prepare the property for rain events. Many times PIVA would tell SAREM that it never rains and that concerns about the rain are overblown. When taken in the context of PIVA’s failure to supervise CW Landscape’s work, PIVA’s representations that the work was done properly when he failed to confirm that the drains were installed per the specifications in the grading plans. When PIVA failed to properly prepare for rain and water and mud runoff flowed onto SAREM’s neighbors below him. PIVA admitted that his actions caused the damage and he agreed to pay to fix the damage to the neighbors’ property as a result of PIVA’s negligence. The faulty drainage that was installed by CW Landscape, who was recommended by PIVA, caused significant damage to the property from December 2, 2022 to August 10, 2023. It is important to note that once the drainage was fixed and installed in accordance with the Civil Engineering grading plans, Carlsbad experienced a once in a lifetime tropical storm where 3 inches of rain fell in 24 hours on August 21, 2023. The result was that the system worked and the runoff to the neighbor’s property as well as the runoff in the front of SAREM’s home and front door was successfully diverted to the water retention system that was supposed to have been operational by March 12, 2024
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No.

December 2, 2022. Had the water remediation plans been followed, the damage and delay incurred at the property would not have occurred.

10. The failure of BMG to properly manage and supervise the project resulted in damage to the Subject Property and an adjacent property. In December 2022, there were significant rain events at the Subject Property. As a result of the construction issues identified above, the Subject Property experienced significant flooding issues and resultant damage. The rear of the Subject Property flooded and there were mudslides. The flooding and mudslides extended to the neighbor’s property and resulted in significant damage to the property.

11. The cause of the flooding and damage was the failure of BMG and the landscape to install the drainage components in compliance with the grading permit and plans and specifications.

As a result, the drainage and water retention basin improvements did not function as intended.

However, BMG had represented to SAREM the drainage improvements had been inspected and approved in accordance with the civil engineering plans and grading permit. This was false.

12. The City of Carlsbad was notified of the flooding/mudslide events. The project civil engineer, Toal Engineering, was advised of the flooding and mudslides. The City and Toal Engineering initiated an investigation. It was determined the cause of the flooding and mudslides was the defective work of the landscape contractor and BMG’s failure to supervise the installation and secured the required testing of the drainage system.

13. As a result of the issues at the Subject Property, the City of Carlsbad required the installation of a much more stringent BMPs be instituted at the Subject Property to prevent further flooding and damage, including the installation of a concrete lined v-ditch. The original BMP budget in the Contract was $18,000. As a result of the City’s new requirements and heightened scrutiny, the BMPs cost was $150,000.

14. PIVA admitted that his negligent behavior caused damage to the adjacent property and paid the neighbor in addition to fixing the damage to the neighbor’s structure.

15. In April 2023, BMG left the project and did not complete its scope of work as provided in the Contract. BMG had been paid the entirety of its fees under the contract. SAREM was left with ///
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No. no alternative but to retain and other general contractor to complete the work at significant additional cost and expense to SAREM.

16. In total, SAREM paid $275,000 to BMG for its services at the Subject Property under the Contract. Although the entire fee had been paid to BMG, the project was only half finished.

BMG was overpaid by SAREM.

17. The construction was supposed to be finished and a final certificate of occupancy was supposed to be completed by March 2023. Delays caused by the drainage issues and an overall lack organization resulted in PIVA being paid in full and then moving on from the project before it was finished even though he had been paid for a completed project.

18. Upon the departure from the project, SAREM learned BMG had not entered into contracts with the framer (Bryant Piva Builders), grader (JC Grading) and concrete supplier/installer (Nolan Concrete).

19. Because no contracts had been secured, these subcontractors (including the plumbing subcontractor – Ironwood Plumbing) were not bound to the verbal estimates they had provided BMG.

As a result, the budgets for grading, masonry walls/foundation, framing and plumbing as provided for the in Contract were grossly exceeded, resulting in additional cost and expense to SAREM. This could have been avoided had BMG entered in to contracts with these subcontractors as was required by the Contract. In fact, in subsequent conversations between PIVA and SAREM, PIVA stated that “time and material contracts are how homeowners get screwed,” as he was referencing work after he had left. PIVA knew that his price estimates were incorrect and proceeded to hire his friends and family to perform work as time and material, with no set price and not timeframe for finishing work.

FIRST CAUSE OF ACTION
(Breach of Contract – Against All Defendants)

20. SAREM re-alleges and incorporates, as though fully set forth herein, Paragraphs 1 through 18, inclusive.

21. The Contract entered into by SAREMS and BMG specified general contracting services BMG was to perform at the Subject Property for the construction of a new residence. The obligations imposed upon BMG included:

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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No. a. Constructing a new custom home according to the plans and specifications as shown on the approved drawings provided by Sarem;
b. Observing all building requirements of the City of Carlsbad; c. Handling/scheduling/coordinating all inspections;
d. Managing/supervising all subcontractors and suppliers hiring and scheduling; e. Contracting only with licensed and insured subcontractors; and f. Indemnifying and defending SAREM harmless from and against all claims and damages arising from any “act or omission” in the performance of services by BMG pursuant to the Contract.

22. SAREM performed all of the obligations imposed upon him under the Contract.

23. BMG failed to perform its obligations under the Contract by failing to complete the services as established in the Contract, both in time and cost, and in conformance with the standards set forth in the Contract.

24. BMG also failed to properly contract, supervise and manage the work of the subcontractors and material suppliers at the Subject Property as it was required to do so under the Contract. This resulted in the delays in the completion of the work and additional cost to finish or correct work to conform to the appropriate building standards and the plans and specifications, and budget overruns. The failure to adequately supervise and oversee the work of the subcontractors, and test the same upon “completion,” also resulted in damage to a property adjacent to the Subject Property. BMG failed to defend and indemnify SAREM against claims for damage made by third parties arising from services performed by BMG. Lastly, although BMG had been paid by SAREM all of the fees provided for the in the Contract, BMG did not complete its scope of work and left the project half finished.

25. As a direct and proximate result of the multiple breaches of Contract by BMG, SAREM has been harmed and damaged in an amount in excess of $800,000. ///
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No.

SECOND CAUSE OF ACTION
(Negligence – Against All Defendants)

26. SAREM re-alleges and incorporates, as though fully set forth herein, Paragraphs 1 through 24.

27. BMG owed certain duties to SAREM to exercise reasonable care in performing its services at the Subject Property, including, but not limited to, the performance of the work in accordance with the project plans and specifications, with local building codes and standards of the construction industry.

28. Notwithstanding these duties, BMG breached its duties to SAREM by negligently, carelessly and wrongfully failing to perform its services at the Subject Property in accordance with the plans and specifications, with local building codes and the standards imposed by the construction industry by generally failing to use reasonable care in connection with its performance of construction services at the Subject Property.

29. As a direct and proximate result of the negligence of BMG, SAREM has been harmed and damaged in an amount in excess of $800,000.

PRAYER FOR RELIEF
SAREM requests judgment be entered in his favor and requests the following be awarded:

1. For compensatory, general and consequential damages according to proof in a sum in excess of $800,000.00;

2. For interest and penalties as provided by statute and/or contract; and

3. Such other further relief as the Court deems just and proper.

Dated: November 15, 2023 WINGERT GREBING BRUBAKER & JUSKIE LLP

By:

STEPHEN C. GREBING
Attorneys for Plaintiff

SCOTT SAREM

March 12, 2024
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No.

INDEX OF EXHIBITS TO COMPLAINT

EX Description Page No.

1. Construction Contract 10 - 14

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I - I
EXHIBIT A PAGE 10
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CONSTRUCTION AGREEMENT
This coristn.&t.1ion "Agreement" is entered into this 1st day of November, 2021, by and between BMG ComtrtKtioa. a sole proprietorship. hereinafter c:aJ1ed "'Contractor''. License No #746131(active), and #45502l(mactive)., whose address is PO Box- 131433, C'..arlsbad. C..a 92013 and
Scott Sarem, a married man. hereinafter called "Owner", who,se address is 3935 Skyline Drive.

Carlsbad, Ca. 92008
The Construction Lender is TBD
The Architect/Designer is Todd Bnzzoa, AIA, (619) 677-3224 BMG Construction. "Contractor", is a C',eneral Contracting firm cnpged in the business of residential and commercial construction. Contractor represents and warrants that it is duly licensed and bonded u n:quircd by law, and that said license and bond is current and in good standing as of the date of this Agreement
Owner desires to enter into this Agreement with Contractor for the cotlstruetion services set forth bdow:

I . Services-Contractor agrees to remove/demo the existing home and then construct a ne\V Custom Home at the address of 4005 Skyline Rd. Carlsbad, Ca. 92008, according to the plans and specifications as shown on the approved drawings provided by the Owner, which were dra-wn by the above referenced architect. Contractor will observe an building requirements by the City of Carlsbad. California and enforce an saf ecy practices standard to the industry, handle an in~'tions, managc/supavise all subcontractors and supplier hiring and scheduling. handle required lien releases., and is.w.e project payments with the Owner's approval The Owner's preferences and approval '!Nill be the first priority (within the means of the budget and the Owner's ability to pay) as the project proceeds Contractor ,.,,;u also provide 2 million doitar (aggregate) liability policy. Contractor v.iU ooly hire property licensed and insured subccmtnn."ton. Contractor and Owner'lJ.'ill agree on a project budget and Contractor will manage and adjust u needed during the construction.

2. Feo- Owner agrees to pay Contractor a fixed sum of2,293.000.00 Dollars, over a period of74 weeks or k.-ss. plus the pro-rated cost for liability insurance (approx 3Jl7T The supervision (contractor's fee) is 259.(100.

J. Term~ledlod of Payments• The insurance premium is to be paid within 7 days prior to the start of construction. The Contractor's fee will be paid by the Owner according to the following schedule: Contractor to invoice Owner $7,000. every other week, starting from the Owner's "Notice to Proceed" and will continue until final inspection is completed. Contractor will not biH for non performing work weeks (rain/etc). Fmal payment is due no la.er than 14 days after final inspection and punch list is completed.

Payments to be made by check: or fund control voucher payable to Contractor, subcontractors, or suppli~ unless otherwise Bf,rn::cd upon Pagel of 4
EXHIBIT A PAGE 11
March 12, 2024
Item #8 Page 113 of 135
-t Exdus•)ns- Contrac:tof' 1101 responsible for any Labor. Mate-rials. Servi«:~. Permit.-;. <"'!" Co~. perl.lltt~.,g t!." :my work ror.~tb:i or~""-~ ~y the o-:,..,,e .. out,ide of t1:h contract. 0-., • ~,, also agJ--.~e<- to reimburse C:.-·,1ractorfor aP'- cost asso,:,a:~·..l v.Tth thi~ pr,, e;:l

5. lademaifit·;ttioa- Owner will defend. intkmnify and holu Contractor and it's affiliates. aoo their respe.:tivt..: officcn. directon, emph.lyecs. and 1ge:1ts h3rmless mvn and ~mst •nv and all claim'- acti(H1~. p~ings, judgment~ expco~, dc:m,1:0;,,:,. and lit~1ti:,'='•; (includ ng ,., !.hoot lirr..:t:at:.::·t: anom~ . ..,· lt:I;":> and cot::-: costs) "' !0 : n:ay resul: . •. ·•m 1ny actic,r. A't:'1is Agreer! er,~ aey ad or ommion bJ· o~ ner. hs agents. rrprr,ent2lbves. <iffi cers. <bre~tt.'t1-, and emp~m ees ansrng 1)u! 0f \ms Agreem~:1t Tt-.;1 secti¢t, ~hall survive be·.-ond the tem,,n:.Hi.:.,n of the Ag:eement. 6 lndemnifkatio11- C:w:ract.or "'' l d,·:~·nd. indc·:-::'.·:f,_ and hold ci,.~·1...,- and it':, a:ff: ;:;:6., arld th~:: '.,'.:-'JcctiYe off~ers dfrecttY<- .:r:·:·loyccs.. i~;: 2. ... ~ents harri:~,., from .-nJ :{gainst any a.ud aH da1,1h., a.:.:!it)n~ pH,~-«<l1~gs. f::cigwcnu.. e"<p~rh.o, damages, !r:d liabilities foh.:luding without :imitation. au0n.~y~· fees and '":zurt costs! '.,hich w.y re,;.Jh from a~:y anion of this Agr~ement, ~m~ art or omi5sion by Contractor. ~1, r.,.p...,or. .... , ••. ~:, ,_,. offi".-· ·, t ........ t,...,."' a~·· ..... ,..,10\'-s 'ir·,, ... 1.· ~•t ot·tl :, :j. .,_ "''°' f'-1•~'"-"~....._~ "i_.;..:,., \..,'-,, , '-..,,, '\."'l~ t~_.,_ ..,._•~ ~ ,,,' 'l;_:it;; ..,., ,,, ::' \"..J ., ,' As,ree:'·ent. ·n,is ,e.:.< n s.haH sa:~, .. ;., ..:.· t>eyond. C' t-e 'linatit.XI • '•h. ~grc-cmc~ - Relationship of the Part.it~- The rclations.hip of the pan:t::. under th,~. At-7ccmcnt b t:1.u of :n::tperi~~ent cont:-<'i>-.:tor::. and not tn3! ('•:' employe: ~m:,loyec, prir.cipal.lagent, p:. • ,. ,·· .~~:p. joint· ... :~-_: .. e or rep-e-:-.tr:r.ctl\ e.

8. Tt'rmination for Corn enienct. -:-· ·::, Agrcemcr:.:.. ,·t:tv..ith~u·,di: _ .:Jtvthini.r ·•.' conmr, - .. - - liett:in ab.1\T or set forth hereafter, ma~ t,e :erminatcd b1 O""ner orb-.· C\;ntractor fo,r an:, •l.:'.!'lSOO.. wi:h ci, -;vithout c.1.u,~ r1r legal ex,:~;:~'.. at any time t·.: providing { ·,,1".:ractor <::~ Owncr , •• ;.1,. ,, .. ...: •• ....,. ru·1•1· ...... -, .. l., .... .l..h-, +&.:.-. ,· ~v···, """'( "-••·"-lilC ,.,.._,:_.,.,.;,,n i~ •v~ t"I" ,_«'..,...;\.'e -.'-··· , ••. ..l~t n..\ ,.,. z" . . .,.~ UJ.4l, .. _ ... ~:..-.. _ ,. "4-J·· "·''"".,.. ,..,.,..,, , q• • .1;• ..... ..., \ ,_.., ... ,.·.;.\..u~ • t ,.,.. • .. · ,i,,t·c o:.· • .. ,..., •. :~au·on c•,., .,.,,, ~h,.11 'na•,. · .·· .• r"'h•- ,.\.::, .. , •• •·1 tn (or• .. -.-... and· ·•;, f..:•\JQ 1 .-... ,. ,_-# ., ... i_,,_. • Q.J: 'f- •· , • ,, ,,,._1 \..J'tJ' ·'!!_·'·• • -• 1,.._,,._,._..,,. • l C .. ~'.".:TJ..::~or shall ., e :,:i furthe· _:i,;tion to•~·"'·'~(" under t·, s: \::: tt-m~m • ;:. • ,:!!>-peer w the perto1mar:.;e of futuri.: ·,,. ork. Ov..nt·r s::ail pay to f onr· a.:-tor, subc;.1t1u;:,'1on. or s·.1ppi: e:""S all scrvic.:~ pc:-f.,rmcd and rn~titriaJs St.:pphe..i up w th~~ ,L:u:: oftcrmin,,t1(,n ContraC:1)L :..!all not have ,t~· (;}·,citlod Co t.1..: payment of ove::-head. feel,, !x:nu:-, or orofib Cz.:,r.tnl.ctor wc.uk h..,·,,: ,_. ,-ncd had cerf:~.-nance U";:k:: t' is Agrc1,"7·~:r: ·~-ccn comp'.ci('<::. '~ ~otice- f .acr :1t1ficc. demand. request ror (cha"lt'), «:,· oth~:~ commur:[catic,n required \,r pcrmittco r.::1der this Ag:-ee··ne11t must b(; :7, wntin&. sigru .. ~3 by a duly au:hn:-ized r~presentt1;.1vl'. the part:. !W:ing notice .1.nC: :elivered ::, i.he ,"1dress ~ho\\n below. as r;::<L .tbie. Th:- .,:.f ..:e will he .:ee-r· ~xi gi\'¢" .: _:i, .. :rcd and ,:·~·~·('ct:·,,e if by i'.~ .. d~:;~, :· •. upon re;;,..i· :yr by VS : .. L, on the 3~ ;.y_;, ~es.s day ::!lt .. ·!t)Ol>itcd .... ,•-,·11:,..,.i,r .. ,,.;-:.t ,- ,.) lli.,;1, """b· .·,· ... r ... ;(J .... ,..,.,, 'f'""".::. ,-5' ... !,. r. ..... r· ... v· dw f .. (•.;.;~":-. 11_ .. ~"'• •~•.i•~'-'"~!'1- .. \;1\,;\.I ...... ! -.\ 1 """'"~'·"'~-:-·•" ._1,,_;u ,....,.. ~u ...... u.. .. ~ ~•-A._ ... -... " ,,.~ ...,..11 ....... \;;. \.vith writtec :,r oral contirn:.1t1rin o(reccip'. -.}r by dcctroni.:: rransmiss1on [e-mail) with confrmat,nn of receirH n1 t.e'(t.
:\'1,tk~ 10 C:mtrac-tor'.
:-;\rG Cons·-:.1,:::' n
:•0 8()X- 1:: : -
Carlsb,:,i Ca 920 I ~
Cell ~ ii6:.) 500-1.:: "'(,
Z'-•"1a1l- <_.c-ff;·:. ,.?•idood r,:c.-
'-otic:t-to O" m·,
c;,,otl Sare·:

EXHIBIT A PAGE 12
March 12, 2024
Item #8 Page 114 of 135
EXHIBIT A PAGE 13
March 12, 2024
Item #8 Page 115 of 135
!6 Sdled..,_ ConU'I.QOr ha an csumued ~ duracn of 74 weck.s. Jf Conuaaot is unable to compl~ the project in 11,e es.tinwed time due 10 ~ pen~. or ct~ ddays caused by tlie lack olperf~ by she fontnclOr. C~ will n« be dig,1,l,c for adddiomal ~oa. If c;omplco.m is Jipmcandy dd&yed (4 ~ 0€ more) due 10 dlmaa made by the~. or the Owner's~ or dtiayed by nm~ conditiMS (sud, as~. back orders.. -Vor ddaycd materials) Con~ .. ;n then be due fair and ~le com~ line with this agreement.

Time is oftbe essence, a~ sdectlle mould be .-eec1 upon by badl panics which wiU be jointly amended based on the progreu. and/or~ ~c.1r differing ~tc coudmom u deerr.led ~ by borh panies.
7 Eacitt A~emetd/A~u... Agreement cons.titutcS the entire agrccmem hc1wcen the parties respca to 1hc subiea maer ~ as o(thc <blc bercof and su~ aU prmous •~ r~~ proposals. discussi~ and Uftder.
standing. whether 111niam or or.d, between the panics (unlefl ~IC flOlod within the body ol'tbis documcm:).

By law.~ is al day riptflllcaalladoa for twOwaer ia npnh •dais~ Tim Aveem•t may be amacled modif".ed. o.- tv~tN by mutaial writtea coasent oe<'Uted by die parties -41..- N atuduaeot or* original ag, et:d 11pOa propmaL Notes « Addcndums.. be attached).
0waer $'1,1 & <bk
Scuu Sarcm
5H-:?470
EXHIBIT A PAGE 14
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S0¥#2004 811G Construction

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{00782537.DOCX} 1
COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No.

STEPHEN C. GREBING, State Bar No. 178046
[email protected]
TAYLOR A. GETMAN, State Bar No. 328954
[email protected]

WINGERT GREBING BRUBAKER & JUSKIE LLP
1230 Columbia Street, Suite 400
San Diego, CA 92101-3370
(619) 232-8151; Fax (619) 232-4665

Attorneys for Plaintiffs
SCOTT SAREM and KYRA SAREM

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN DIEGO – NORTH COUNTY DIVISION

SCOTT SAREM and KYRA SAREM,

Plaintiff,

vs.

CHICWEED DESIGN & LANDSCAPE, LLC,
dba CW DESIGN, a California limited liability
company; and DOES 1 through 20, inclusive,

Defendants.

Case No.:

COMPLAINT FOR:

1. BREACH OF CONTRACT; AND

2. NEGLIGENCE

COMES NOW PLAINTIFFS SCOTT SAREM and KYRA SAREM (hereinafter “SAREMS”) by and through their attorneys, and allege as follows:

PARTIES

1. Plaintiff SAREMS are, and at all times herein mentioned were, married persons residing in San Diego County and the joint owner of all real property located at 4005 Skyline Road, Carlsbad, California 92008 (hereinafter “Subject Property”).

2. Defendant, CHICWEED DESIGN & LANDSCAPE, LLC dba CW DESIGN (hereinafter “CW DESIGN”) is, and at all times herein mentioned was, a limited liability company registered in California and doing business in San Diego County, California.

3. SAREMS are ignorant of the true names and capacities of defendants sued as DOES 1- 20, inclusive, and therefore sues those defendants by fictitious names. SAREMS will amend this March 12, 2024
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No.

Complaint to allege their true names and capacities when ascertained. SAREMS are informed and believe and thereon allege that each of these fictitiously named defendants is legally responsible in some manner for the actions herein alleged, and that SAREMS damages were proximately caused by their conduct.

JURISDICTION AND VENUE

4. Venue for this action is proper in that all of the actions of Defendants as alleged herein which serve as the basis for the damages alleged by Plaintiffs occurred and were performed in the County of San Diego, State of California. The contract entered into by SAREMS and CW DESIGN was for services to be performed in the County of San Diego, State of California. The Subject Property is located in the County of San Diego, State of California.

GENERAL ALLEGATIONS

5. On or about October 28, 2022, in San Diego County, California, SAREMS entered into a written contract and several change orders thereafter with CW DESIGN for the furnishing of labor, supervision, materials and supplies for remodeling work to be performed on the Subject Property, including in part the installation of irrigation, pavers, drainage, emitters and plant materials.

Ultimately, CW DESIGN completed its work in August 2023. A true and correct copy of the contract is attached hereto as Exhibit “A”.

6. Prior to contracting with CW DESIGN, the SAREMS retained Toal Engineering to provide civil engineering services for the Subject Property. The design included the installation of a water retention basin. The water retention basin required extensive drainage and emitter improvements in order to be operational. The design incorporated the use of emitters throughout the Subject Property with the intention to capture the water and deliver it to the retention basin. The civil engineering plans were reviewed and approved by the City of Carlsbad and a grading permit was issued.

7. CW DESIGN’s estimate for the performance of its services at the Subject Property was based upon the civil engineering plans of Toal Engineering as approved by the City of Carlsbad.

Pursuant to the express terms of the contract, CW DESIGN was obligated to provide all “materials and to perform agreed upon intended design concept as depicted in drawings and photos as agreed March 12, 2024
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No. upon with client.”

8. CW DESIGN began performing services at the Subject Property in November 2022. It installed the drainage line and emitters. However, there were major problems with the work performed by CW DESIGN.

9. First, the Toal Engineering plans called for the installation of a solid drain line from the water retention basin to the emitters. CW DESIGN supplied and supplied a perforated drain line.

10. Second, CW DESIGN installed the drain lines with negative slope such that any draining water captured by the emitters did not flow to the water retention basin but back towards the rear of the Subject Property and a neighbor’s property. The drain lines were also installed at improper heights and not in conformance with the Toal Engineering plans and the City of Carlsbad grading permit.

11. Third, CW DESIGN installed the emitters at the wrong height such that water intended to drain from the Subject Property could not do so.

12. Fourth, CW DESIGN installed the remainder of the drain lines on the Subject Property with negative slope such that water captured by the system flow back towards the residence on the Subject Property as opposed to the intend location.

13. Fifth, when CW DESIGN installed the drain lines, it failed to compact the soil to the specifications provided in the Toal Engineering plans and the City of Carlsbad grading permit.

14. Sixth, pursuant to the City of Carlsbad grading permit, CW DESIGN was required to have the drainage system it installed inspected and tested by Toal Engineering during construction.

CW DESIGN failed to do so. This proved to be a monumental failure.

15. Finally, part of CW DESIGN’s scope of work was to dig trenching for the installation of low voltage wiring and irrigation. The grading permit required these trenches to be compacted to certain standards once compacted. CW DESIGN failed to do so.

16. In December 2022, there were significant rain events at the Subject Property. As a result of the construction issues identified above, the Subject Property experienced significant flooding issues and resultant damage. The rear of the Subject Property flooded and there were mudslides. The flooding and mudslides extended to the neighbor’s property and resulted in March 12, 2024
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No. significant damage to the property.

17. The City of Carlsbad was notified of the flooding/mudslide events. Toal Engineering was advised of the flooding and mudslides. The City and Toal Engineering initiated an investigation.

It was determined the cause of the flooding and mudslides was the defective work of CW DESIGN.

18. As a result of the issues at the Subject Property, the City of Carlsbad required the installation of a much more stringent BMPs be instituted at the Subject Property to prevent further flooding and damage, including the installation of a concrete lined v-ditch. The original BMP budget was $18,000. As a result of the City’s new requirements, the BMPs cost $150,000.

19. CW DESIGN was immediately made aware of the failures and resultant damage at the Subject Property as well as the damage to the neighbor’s property. From December 2022 through July 2023, it attempted to repair and correct the drainage issues at the Subject Property. It was unable to do so. This prevented SAREMS from completing work at the Subject Property and moving into the residence as planned. This resulted in additional and unanticipated costs and expenses to SAREMS.

20. As a result of CW DESIGN’s failure to repair and correct the drainage and related issues, SAREMS were left with no choice but to retain a new contractor to repair and correct the issues with the work of CW DESIGN. This resulted in additional and unanticipated costs and expenses to SAREMS.

21. There were other issues with the work of CW DESIGN at the Subject Property, including but not limited to:
a. Piling of dirt onto the pool coping which resulted in staining, discoloration and scratches;
b. Piling of dirt against the residence which resulted in staining and discoloration of the stucco;
c. Improper installation of the lighting in the masonry walls, including location and exposure of live wiring;
d. Non-functioning pavilion lights;
e. Installation of substandard irrigation valves;
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No. f. Failure to follow the landscape plan for the installation of plant materials; and g. Improper installation of wall lights requiring four separate stucco repairs.

22. In total, SAREMS paid $165,547.93 to CW DESIGN for its services at the Subject Property.

23. As a result of the defective and non-compliant services performed by CW DESIGN, the construction of the Subject Property was severely delayed. This resulted in the delay of the work of other trades. Further, SAREMS were required to retain a competent contractor to repair and complete the work of CW DESIGN, at additional cost and expense. The delay caused SAREMS to incur unanticipated additional costs and expenses associated with alternative housing. SAREMS also bore the cost and expense of repairing the damage to their neighbor’s property as a result of the flooding and mudslide. There are additional damages SAREMS incurred which will be further identified in discovery.

24. Finally, CW DESIGN, aware of the issues identified above, caused to be filed a mechanic’s lien on the Subject Property in the amount of approximately $30,000 for monies it alleges are owed to it for work performed at the Subject Property. SAREMS believe and thereon allege this was done with a malicious intent and in bad faith as an effort to leverage SAREMS to pay the outstanding amount to CW DESIGN. The recording of the lien has caused SAREMS lender to declare a default of the construction loan for the Subject Property.

FIRST CAUSE OF ACTION
(Breach of Contract – Against All Defendants)

25. SAREMS re-alleges and incorporates, as though fully set forth herein, Paragraphs 1 through 24, inclusive.

26. The contract entered into by SAREMS and CW DESIGN specified work CW DESIGN was to perform at the Subject Property.

27. Section 8 of the contract specifically provided “Contractor shall provide its services and meet its obligations under this contract is a timely and professional workmanlike manner.”

28. SAREMS performed all of the obligations imposed upon them under the contract.

29. CW DESIGN failed to perform its obligations under the contract by failing to complete March 12, 2024
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No. the work as established in the contract, both in time and cost, and by failing to perform completed work in a “professional workmanlike manner.”

30. CW DESIGN also failed to properly supervise and manage the construction work at the Subject Property as it was required to do so under the contract. This resulted in the delays in the completion of the work under the contract and additional cost to correct its work to conform to the appropriate building standards.

31. As a direct and proximate result of the breach of contract by CW DESIGN, SAREMS have been harmed and damaged in an amount in excess of $600,000.

SECOND CAUSE OF ACTION
(Negligence – Against All Defendants)

32. SAREMS re-alleges and incorporates, as though fully set forth herein, Paragraphs 1 through 31.

33. CW DESIGN owed certain duties to SAREMS to exercise reasonable care in performing its respective work at the Subject Property, including, but not limited to, the performance of the work in accordance with the plans and specifications, in accord with local building codes, in a “professional workmanlike manner” and preventing cost overruns, delays and allowing the recording of mechanics liens.

34. Notwithstanding these duties, CW DESIGN breached its duties to SAREMS by negligently, carelessly, and wrongfully failing to perform its respective work at the Subject Property, in accordance with the plans and specifications, in accord with local building codes, in a professional workmanlike manner and preventing cost overruns, delays and allowing the recording of mechanics liens, and generally, in failing to use reasonable care in connection with its performance of construction services at the Subject Property.

35. As a direct and proximate result of the negligence of CW DESIGN, SAREMS has been harmed and damaged in an amount in excess of $600,000.
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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No.

PRAYER FOR RELIEF
WHEREFORE, SAREMS pray for judgment against CW DESIGN and requests the following be awarded:

1. For compensatory, general and consequential damages according to proof in a sum in excess of $600,000.00;

2. For interest and penalties as provided by statute and/or contract; and

3. Such other further relief as the Court deems just and proper.

Dated: December 18, 2023 WINGERT GREBING BRUBAKER & JUSKIE LLP

By:

STEPHEN C. GREBING
TAYLOR A. GETMAN
Attorneys for Plaintiffs
SCOTT SAREM and KYRA SAREM

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COMPLAINT FOR BREACH OF CONTRACT AND NEGLIGENCE – Case No.

INDEX OF EXHIBITS TO COMPLAINT

EX Description Page No.

1. Construction Contract 9 - 16

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I - I
EXHIBIT 1 PAGE 9
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September 19, 2022
CW Design and Landscaping
1567 Mission Meadows Drive
Oceanside Ca 92057
Phone number 858-205-8083
Email address: [email protected]
Contractor's Lie # 1000675
RE: Jeff Piva
Project: Sarem Residence
4005 Skyline Road
Carlsbad, CA 92008
Updated Landscape Budget
General Description. Landscape budget is per plan provided by Jeff Piva (drawn by Leo Dieckmeyer, landscape architect, renewal date 9 /2022) and is for the backyard only.

Excluded items: any grading, site preparation, drainage, etc.

I. Pavers. Approximately 2,140 square feet of pavers will be installed. Type of paver will be from Oreo Block & Hardscape, 24" x 24", edge: Micro Chamfer Standard Slate; color: Tusk. Soil will be excavated where needed, and decomposed granite or class II base will be installed, followed by the installation ofleveling sand and the pavers. After the pavers are installed, poly paver sand will be installed, which is vibrated into the joints between the pavers. No seal will be applied to pavers. Total:
$32,100
II. Irrigation.

A. Mainline. A total of 600 linear feet of 1.25-inch schedule 40 mainline will be installed for all valves. Mainline will be installed from water meter to all valve locations. Trench for mainline will be excavated 18 inches deep and 6 inches of sand will be applied over mainline.

B. Controller. A total of 1 - 48-station Rainbird model ESP-LX Basic Internet­ capable irrigation controller will be installed.

C. Rain Sensor. Install 1 Mini Clik wireless rain sensor. Manufacturer: Hunter; model: WR-CLIK.

EXHIBIT 1 PAGE 10
March 12, 2024
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u,
E.
.1v1aster v a1ve. ms tall 1 - L-incn master vaive w1rn now control.

Manufacturer: Superior; model: 950-3000.

Flow Sensor. lnstall 1 - 3/ 4-inch flow sensor. Manufacturer: Hunter; model:

HC-075-FLOW.

F. Ball Valve. Install 1 - 2.5-inch bronze ball valve with screw in bonnet.

Manufacturer: Nibco; model: T-585.

Total: $13,716
III. Valves. A total of 15 - 1-inch in-ground Rainbird valves with plastic box for the irrigation in the backyard will be installed, per plan. This is for 15 stations. Total:
$27,000*
>Kfhe cost of each valve is $1,800
IV. Plant Material- Palms. A total of 12 palms with 12-foot trunks will be installed with location per plan. A crane will be used for palm installation. Contractor will provide all the labor & Plant mix and slow-release fertilizer. The homeowner will pay for the cost of the palms, delivery and crane fee, or any equipment needed for the installation of the palms. Total: $13,000
*Unit price of each plant is 11,084. Homeowner wilt on!J be charged for what is installed. The contractor will shop for alt the palms and wilt coordinate delivery and crane.

V. Plant Material - 36-Inch Box Trees. A total of 2 - 36-inch box crape myrtle trees will be installed with location per plan. Plant mix and slow release fertilizer will be provided.

Total: $1,900
*Unit price of each plant is $950. Homeowner will on!J be charged for what is installed.

VI. Plant Material - 24-Inch Box Trees. A total of 16 - 24-inch box trees will be installed with location per plan. Plant mix and slow release fertilizer will be provided.

Total: $8,800
*Unit price of each plant is $550. Homeowner wilt on!J be charged far what is installed.

VII. Plant Material-15 Gallon. A total of 71 - 15-gallon plants will be installed with location per plan. Plant mix and slow release fertilizer will be provided for each plant. Total: $8,875
*Unit price of each plant is $125 Homeowner will on!J be charged far what is installed.

VIII. Plant Material - 5 Gallon. A total of 406 - 5-gallon plants will be installed with location per plan. Plant mix and slow release fertilizer will be provided for each plant. Total: $18,270
*Unit price of each plant is $4 5. Homeowner will on/y be charged for what is t'nstalled.

IX. Plant Material - 1 Gallon. A total of 65 - 1-gallon plants will be installed with location per plan. Plant mix and slow release fertilizer will be provided for each plant. Total: $1,300
EXHIBIT 1 PAGE 11
March 12, 2024
Item #8 Page 127 of 135
X. Jute Netting Installation. Contractor will purchase and install jute netting in all slopes to meet city's requirements. Total: $2,330
XI. Fuel Surcharge. A fuel surcharge is being assessed due to the rising cost of fuel.

Cost is based on the estimated length of the job, which is 3 months. Total: $900 Total $128,191
(Tot-J includes labor and materials.)
I accept the above stated terms. The landscape work outlined above will be scheduled for beginning or middle of tober 1, 2022. A deposit of $1,000 is required to secure placement on the sch d
Homeou;;-a_tur_e ______ __
Date
lo-s-202.2-
Contractor's signature Date
EXHIBIT 1 PAGE 12
March 12, 2024
Item #8 Page 128 of 135
CW Design & Landscape-Work Contract (License#l000675)
Terms and Conditions relating to CW Design & Landscape and Client This contract for landscape services provided by CW Design & Landscape (Landscape Contractor) is made effective as of:

This contract is valid for 90 days from the date listed. I September 19, 2022

1. Description of Services. . .

Contractor agrees to provide all the materials and to perform agreed upon mtended design concept as depicted in drawings and photos as agreed upon with client.

2. Scope of Work.

Contractor shall provide all labor and materials to complete agreed upon landscape services at specified location within specified timeframe.

3. Timeline.

Contractor will begin and complete scope of work on the agreed upon dates. Any delays or extension of work will be discussed with the client.

4. Work Site.

Client hereby authorizes contractor to commence and complete agreed upon scope of work as specified. All materials and in some instances, dumpsters will need to be delivered to work site.

5. Subcontractors.

Contractor may use subcontractors as needed and upon approval of client, any specific services would be discussed and included within the proposal.

6. Authorized Extra· Work (AEW) including Changes and Delays.

Contractor will discuss any changes or delays in scope of work with the client and will not commence work until approval in changes or delays are confirmed. Any additional cost incurred as a result of the changes and or delays will be discussed with the client and approved in writing. Request by client beyond agreed scope of work will be considered extra work and requiring written authorization. An authorized extra work (AEW) form can be provided for client approval. Any additional materials needed beyond our best estimation will be purchased with clients approval and understanding and agreement of further costs.

7. Completion of Services.

Upon completion of the landscape services contractor agrees remove all materials and debris from job site. '
EXHIBIT 1 PAGE 13
March 12, 2024
Item #8 Page 129 of 135

8. Warranty. Contractor shall provide its services and meet its obligations under this contract in a timely and professional workmanlike manner.

9. Plant Material Warranty.

1. Plant material is subject to availability. If an alternate plant is required a comparable selection will be made according to similar features, size and cost.

2. The contractor at no cost to the client will replace any plants that die within a two­ week period of installation. Any dead loss after the two-week period will be considered past warranty and be the responsibility of the client. Plants will only replaced one time, at CW's cost.

3. Plant replacement as a result of client dissatisfaction with mature growth of plant material will not be covered under warranty.

4. No warranty or guarantee is provided for transplanted materials.

5. Loss of plant material due to the following is not covered under warranty:
• Acts of God including water restrictions, floods, freezes or droughts. • Improper care or maintenance provided by landscape service companies other than CW Design & Landscape
• Damage or vandalism.

10. Payment. Payment by the client shall be made to CW Design & Landscape in the specified agreed amount upon completion of the landscaping services or in accordance to any other specified payment plan.

Failure to pay for Services provided by contractor when due by the client will be considered a breach of contract and work will halt. If payment is defaulted, CW Design & Landscape has the right to refer the account to an attorney or collection agency and the client agrees to pay any legal fees as allowed by California state law. The client also agrees to pay any other collection or court cost incurred as stated by California state law. • No work of any kind will begin until contractor receives a signed contract or an agreement statement via email along with agreed upon deposit or specified payment plan.
• Contractor and client agree that this work contract is enforceable according to California state laws.
• Client's signature below i dicates that it has been agreed to follow the above policies andproc
CLIENT NAME: Sarem Residence
4005 Skyline Road
Carlsbad, Ca 92008
j 6 ,ji -)-)----
DA TE
We appreciate your business, and we look forward to hearing from you! Call us at (858) 205-8083 or email [email protected] to schedule services.

EXHIBIT 1 PAGE 14
March 12, 2024
Item #8 Page 130 of 135
October 26, 2022
CW Design and Landscaping
1567 Mission Meadows Drlvc
Oceanside Ca 92057
Phone number 858-205-8083
Email addtess: [email protected]
Contractols Lie# 1000675
RE: Jeff Piva
Project: Sa.rem Residence
4005 Skyline Road
Carlsbad, CA 92008
V'myl Fence Budget
Vinyl Fence: A total of 507' of 6' H vinyl fence will be installed in the perimeter of the property. The length and the height of the fence is per plans provided by JeffPiva. Please note that the contractor is ex:cluding the "VINYL FENCING AT PROPERTY LINE­ DETAIL on sheet #8 from the construction plans drawn by Theodore Hannegan, Dated 1- 3-2022. The contractor will install the fence per manumcturer recommendations. The fence will be a privacy style in Sandstone color from Ply-Gem products and it will follow the contour of the slope. All posts will be set 8"x20" deep concrete footing. The fence will be charged per linear foot at $70, and the homeowner will only be billed for what is installed.

Totals $35,490*
It includes labor & Materials. Note if any section of the fence is installed on any hardscape su,f ace such masonry walls or concrete, there will be an additional cost due that it will need a metal post.

Payments
Deposit $10,647
2" payment when 150' of the fence Is Installed $8,281
3rd payment when 300' of the fence ft Installed $8,281
EXHIBIT 1 PAGE 15
March 12, 2024
Item #8 Page 131 of 135
I accept the above-stated terms. The landscape wotk outlined above will be scheduled for the begiooiog or middle of October 1, 2022. A deposit of$1,000 is requited to secure pla=~- a --;?7-->►
Homeowner's signature ...,__________ Date
~~~ Date
CW Design & Landscape-Work Contract (License#1000675)
Terms and Conditions rdadng to CW Design & Landscape and Client This contract for landscape services provided by CW Design & Landscape (Landscape Contractor) is made effective as of:

This contract is valid for 90 days from the date listed.

1. Description of Services.

I October 26, 2022
Contractor agrees to provide all the materials and to perform agreed upon intended design concept as depicted in drawings and photos as agreed upon with client

2. Scope of Work.

Contractor shall provide all labor and materials to complete agreed upon landscape services at specified location within specified timeframe.

3. Timeline.

Contractor will begin and complete scope of work on the agreed upon dates. Any delays or extension of work will be discussed with 1he client.

4. Work Site.

Client hereby authorizes contractor to commence and complete agreed upon scope of work as specified. All materials and in some instances, dumpsters will need to be delivered to work site.

5. Subcontracton.

Contractor may use subcontractors as needed and upon approval of client, any specific services would be discussed and included within the proposal.

EXHIBIT 1 PAGE 16
March 12, 2024
Item #8 Page 132 of 135
• No work of any kind will begin until contractor receives a signed contract or an agreement statement via email along with agreed upon deposit or specified payment plan.
• Contractor and client agree that this work contract is enforceable according to California state laws.
• Client's signature below indicates that it has been agreed to follow the above policies and procedures.

CLIENT NAME: Sarem Residence
4005 Skyline Road
Carlabad, Ca 92008
We appreciate your business, and we look forward to hearing from you! Call us at (858) 20S-8083 or email [email protected] to schedule services.

From: Scott Sarem
To: Gina Herrera
Subject: FW: Skyline Home Build Project
Date: Wednesday, March 6, 2024 9:49:50 AM
Ms. Herrera
Please put this in the city council package. It demonstrates the existing water issue with two feet of standing water based on his drainage system being inadequate. His solution is to pressure the city to fix his issue.

I worked with Mr. Edwards to implement his idea of a drainage system. After it was designed and discussed with the city, Mr. Edwards decided he did not want to grant an easement that would have been required to implement his suggested plan. We then went with the plan that was approved by the CDP and the grading permit.

Mr.. Edwards did not object to the plans at the CDP hearing on October 7, 2020. The grading permit was granted a year later and Mr. Edwards did not appeal it or object to it. Mr. Edwards routinely called the city during construction and never appealed any city decision. After I acted on my vested rights and relied on the permits and spent hundreds of thousands of dollars to implement the plans that were inspected by professional engineers, the city inspectors, and the city engineers, the Edwards decided to object to the plans.

Their objection is not timely. They suffer from laches and unclean hands and should not be allowed to have equitable relief here because of his failure to timely raise his objections through the due process that was afforded to Edwards and every other neighbor throughout the CDP, Grading permit, the building process, and city final inspections.

Plus,
his neighbor who apparently suffered earlier flooding with the same pre-existing condition has never complained.

Now, the Edwards come to the city council and ask that a completed project that was executed under tremendous scrutiny and signed off of by licensed civil engineers and city inspectors and ask that the grading plans be changed.

Not only is there no basis in fact or law to do this, it would erode confidence in the development process in the city of Carlsbad. Again laches and unclean hands preclude any equitable relief like an injunction in this case.

Finally, the final grading plans allowed for 14,100 square feet of impervious surface to keep the same conditions that existed before construction when coupled with a barrier to keep water from skyline from entering the property.

We installed 11,700 square feet of impervious surface so the actual conditions are 17% better than when the original conditions.

Thank you
Scott Sarem
760-607-2896
From: Josh Edwards <[email protected]>
EXHIBIT 16
March 12, 2024
Item #8 Page 133 of 135
Date: Friday, May 1, 2020 at 12:57 PM
To: Scott Sarem <[email protected]>
Subject: Skyline Home Build Project

Good Afternoon Scott-

I hope all is well with your family in light of this crazy pandemic.

Thank you for sending out the
personal letter to the Skyline/ Sunnyhill Neighbors in conjunction with your new home build construction project.

It must be an exciting time.

Congrats on purchasing the lot as it is a gem of a
location in Olde Carlsbad.

We met briefly a few months ago while I was working in my yard to the west of you (4020 Sunnyhill).

The purpose of my email is that I wanted to see if you and Kyra were around this weekend to meet.

One ongoing problem we’ve battled being on Sunnyhill is the storm runoff from the Skyline properties above us.

Our adjacent neighbors have similar issues.

Most recently, after that heavy
storm system, our garage flooded because we had 2 feet of standing water in the flat area of our yard because our drainage system was overwhelmed and could not handle the volume of runoff – most of which was coming from the Coviellos next to you and your lot.

Natalie, our elderly neighbor
immediately to our south, also had flooding issues.

Compounding the challenge is that Skyline has a unique sub-ground aquifer that fills up after heavy rains and then drains onto the Sunnyhill properties.

You’ll see the residual effect on our street from
the last storm wherein there is standing water still draining from our backyard and other Sunnyhill lots.

The City of Carlsbad is intimately aware of the situation and has tested water samples to confirm its not coming from an irrigation system or broken plumbing.

Meanwhile, Skyline residents are not allowed to physically connect their drainage systems to the Sunnyhill lots below them (for good reason).

In addition to having your landscape contractor try to build a formidable draining system, my wife and I want to put pressure on the City of Carlsbad to construct a more permanent fix that could include a cement drainage conduit that we often seem with new planned communities. Not an insignificant undertaking, however, its in the best interest of all property owners up and down Sunnyhill and Skyline.

Pleased to talk further so we can build a broad consensus and support from all constituents.

Best,
Josh Edwards

949-683-0657 (mobile)

March 12, 2024
Item #8 Page 134 of 135

CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.

March 12, 2024
Item #8 Page 135 of 135
Tammy Cloud-McMinn
From:

Sent:

To:

Cc:

Subject:

Attachments:

Dear City Clerk
Scott Sarem <[email protected]>
Monday, March 11, 2024 4:19 PM
City Clerk
Gina Herrera; Stephen C. Grebing
Agenda Item No. 8 - Grading Permit Appeal
property
4005 Skyline prior condition.pdf
- Pictures of Original Condition of
All Receive - Agenda Item # _E
For the Inform ation of the:
_ <;ITV COUNCIL
Dat~........--C C...!:::

CM v-1\CM V1J CM (3) _c
I have reviewed the city council package for Item Number 8 for the city council meeting on March 12, 2024. On page 96 of the city packet , Edwards provides a picture of the preexisting conditi on of my property located at 4005 Skyline Rd. This picture is from a time afte r we cleared the property from massive overgrowth and debris. I have provided pictures that show the real status of the property prior to development. It is import ant to correct th e record and show the actual conditi on of the property when we purchased it in November 2019.

Thanks
Scott Sa rem
760-607-2896
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i 1 Tammy Cloud-McMinn
From:

Sent:

To:

Cc:

Subject:

Attachments:

Dear City Clerk
Scott Sarem <[email protected]>
Monday, March 11, 2024 4:35 PM
City Clerk
Gina Herrera; Stephen C. Grebing
Agenda Item No. 8 - Grading Permit Appeal - No Silt in the water retention system silt removal proposal.pdf; Invoice_ 164 7 cm_from_Draves_Pipeline_l nc.pdf; I MG_ 3172.HEIC; IMG_3181.HEIC; IMG_3186.HEIC; IMG_3187.HEIC
I have reviewed the city council package for Item Number 8 for the city council meeting on March 12, 2024.

On page 99 of the city packet, Edwards has an engineer with no first hand knowledge opine that the water retention basin may not be working because of silt buildup. In fact on June 22, 2024, Draves Pipeline, a city approved contractor, did a post construction clean up of the retention basin. There is no silt buildup in the retention basin. I have provided a scope of work, an invoice for the work, and photos that demonstrate the retention basin is clear of any silt. This was a city requirement before the grading permit could be signed off as complete . It is important to correct the record and provide proof that the Edward's hired engineer's theory is not based in fact .

Thanks
Scott Sa rem
760-607-2896
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i 1 TIME AND MATERIAL PROPOSAL
June 21, 2023
Scott Sarem
4005 Skyline Rd.

Carlsbad, CA
RE: Retention basin silt removal

SCOPE OF WORK
Provide 3-man crew, crew truck, silt removal tools
Remove silt from 24" catch basin
Remove silt from 12" connection pipe
Remove silt from 30" retention chamber
Stock pile silt on sports court over plastic sheeting (silt to be removed and disposed by others) Hourly rate: $ 225.00 per hour (3-men and crew truck)
Hourly rate charged porthole to porthole 9hrs per day. 4hr minimum Confined Space Entry Equipment Rates
Confined space ventilator / blower: $ 220.00 per day
2ea. personal 4 gas detector/ oxygen monitor: $ 550.00 per day ($ 225.00ea.) TOTAL ONE DAY COST:$ 2795.00

NOT INCLUDED
Plans/permits
Inspection fees
Bonding
Engineering/survey
Construction water
Encountering ground water
Repairs to unknown facilities
Vegetation re_placement
Blasting/breaking/ripping
Restroom Facilities
Asphalt slurry/chip/seal coatings
Hazardous materials handling
Compaction testing
Excessive excavation (unstable soils/rock)
Private utility locating services
Any work not listed in SCOPE OF WORK may require additional cost. DPI crews will not perform any addition cost work without owner/agent notification and approval. • BID SUBJECT TO REVIEW OF APPROVED PLANS AND OR 30 DAYS

PAYMENT DUE IN FULL UPON COMPLET ION
LATE FEES CHARGED AFTER 14 DAYS AT LEGAL LIMITS

LEGAL FEES CHARGED FOR COLLECTION OF PAST DUE ACCOUNTS
ACCEPTED BY: ___________ _____________ DATE _ __ _

OWNER/AGENT SIGNATURE PRINT NAME
DRAVES PIPELINE INC: ______________ _ _ ___ _ _ DATE ___ _

OFFICER
f<=-·:iORAVES

PIPELIN

INCO RPORATED
UC# 37647 2
P.O. BOX 1051 - BONSALL, CA 92003 - (760) 728-709 4 - FAX (760) 728-0086 Draves Pipeline Inc.

P.O. Box 1051
Bonsall, CA 92003
[email protected]

INVOICE

BILL TO
Scott Sarem
4005 Skyline
Carlsbad, CA 92008
RE:
4005 Skyline

DATE ACTIVITY
06/22/2023 Bioretention
Basin
06/22/2023 Confined Space
Ventilator/Bl9wer
06/22/2023 Gas Detector
06/23/2023 Bioretention
Basin

DESCRIPTION
Retention basin silt removal. 9 hours/3 man
crew.
1 day ventilator/blower.
1 day/2 gas detectors/oxygen monitor.

Retention basin silt removal. 6 hours/2 man
crew @ $175.00/hour. No confined space
equipment.

BALANCE DUE
INVOICE# 1647cm
DATE 06/26/2023
DUE DATE 07/11/2023
TERMS Net 15

QTY RATE
9 225.00
220.00
1 550.00
6 175.00
AMOUNT
2,025.00
220.00
550.00
1,050.00
$3,845.00

Tammy Cloud-McMinn
From:

Sent:

To:

Cc:

Subject:

Attachments:

Dear City Clerk
Scott Sarem <[email protected]>
Monday, March 11, 2024 10:14 PM
City Clerk
Gina Herrera; Stephen C. Grebing
Agenda Item No. 8 - Grading Permit Appeal - Edwards Historical Water issues NOAA Precipitation April2020.pdf
The below email is included as an exhibit to the agenda on page 134. The purpose of this email is to rebut the Edwards assertion on page 97 of the March 6, 2024 letter from their counsel regarding the appeal, that "The Edwards have never had issues with massive amounts of concentrated water flowing from the Sa rem property or any other uphill neighbor's property into their yard prior to the commencement of the Sarem's construction activities ." The below email from Josh Edwards from May 1, 2020 details their "ongoing problem of storm runoff from Skyline properties above us." "Most recently, after that heavy storm system, our garage flooded because we had 2 feet of standing water in the flat area of our yard because our drainage system was overwhelmed and could not handle the volume of runoff- most of which was coming from the Coviellos next to you and your lot." Mr. Edwards is referencing a storm from April 10, 2020 that according to the National Oceanic & Atmospheric Administration reported that it rained 2.88 inches in the city of Carlsbad. I have attached the NOAA Record of Climatological Observations for April 2020.

While the issue around Agenda Item No. 8 involves a very narrow issue, it is important to correct the false assertions made in the Edward's March 6, 2024 letter claiming to provide supporting materials. The Edwards by their own admission have been dealing with ongoing storm runoff from Skyline properties above them well before the CDP and Grading Permits were submitted and granted and clearly before any construction started .

Thank you,
Scott Sa rem
760-607-2896
- -------
From: Josh Edwards <josh.edwards@eurekacap .com>
Date: Friday, May 1, 2020 at 12:57 PM
To: Scott Sarem <scott@everydayenergy .us>
Subject: Skyline Home Build Project
Good Afternoon Scott-
I hope all is well with your family in light of this crazy pandemic. Thank you for sending out the personal letter to the Skyline/ Sunnyhill Neighbors in conjunction with your new home build construction project . It must be an exciting time . Congrats on purchasing the lot as it is a gem of a location in Olde Carlsbad.

We met briefly a few months ago while I was working in my yard to the west of you (4020 Sunnyhill). The purpose of my email is that I wanted to see if you and Kyra were around this weekend to meet. 1 One ongoing problem we've battled being on Sunnyhill is the storm runoff from the Skyline properties above us. Our adjacent neighbors have similar issues. Most recently, after that heavy storm system, our garage flooded because we had 2 feet of standing water in the flat area of our yard because our drainage system was overwhelmed and could not handle the volume of runoff- most of which was coming from the Coviellos next to you and your lot. Natalie, our elderly neighbor immediately to our south, also had flooding issues.

Compounding the challenge is that Skyline has a unique sub-ground aquifer that fills up after heavy rains and then drains onto the Sunnyhill properties. You'll see the residual effect on our street from the last storm wherein there is standing water still draining from our backyard and other Sunnyhill lots. The City of Carlsbad is intimately aware of the situation and has tested water samples to confirm its not coming from an irrigation system or broken plumbing.

Meanwhile, Skyline residents are not allowed to physically connect their drainage systems to the Sunnyhill lots below them (for good reason).

In addition to having your landscape contractor try to build a formidable draining system, my wife and I want to put pressure on the City of Carlsbad to construct a more permanent fix that could include a cement drainage conduit that we often seem with new planned communities. Not an insignificant undertaking, however, its in the best interest of all property owners up and down Sunnyhill and Skyline.

Pleased to talk further so we can build a broad consensus and support from all constituents.

Best,
Josh Edwards
949-683-0657 (mobile)
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe.
2 U.S. Department of Commerce
National Oceanic & Atmospheric Administration
Nati onal Environment al Satellite, Data, and Information Service Current Location: Elev: 313 ft. Lat: 33.1299° N Lon: 117.2765' W Record of Climatological
Observations
These data are quality controlled and may not
be identical to the original observations.

National Centers for Environmental Information
151 Patton Avenue
Asheville, North Carolina 28801
Station: CARLSBAD MCCLELLAN PALOMAR AIRPORT, CA us uswooooa1n Generated on 03/09/2024 Observation Time Temperature: Unknown Observation Time Precipitation: Unknown Temperature (F) Precipitation Evaporation "Soil Temperature (F)" "24 Hrs. Ending et 24 Hour Amounts Ending at At Obs. 4 In. Depth 8 in. Depth V M Observation Time" Observation Time nme
e 0 D Snow,lce 24 Hour n e At Rein, Wind Amount of a t F F Pellets, r h y Obs. Melted I Snow, Ice I Hail, Ice Movement Evap. (In) Ground Ground Max. Min. Pellets~ (ml) Cover Max. Min. Cover Mex. Min. Snow, Etc. a Hail{ln a on (see•) (see•) (in) g g Ground (In)
2020 04 01 65 61 0.00 0.0 0.0
2020 04 02 65 56 0.00 0.0 0.0
2020 04 03 63 52 0.00 0.0 0.0
2020 04 04 63 56 0.00 0.0 0.0
2020 04 05 63 54 0.03 0.0 o.o
2020 04 06 61 53 1.55 0.0 0.0
2020 04 07 62 52 ' 0.32 0.0 0.0
2020 04 08 60 50 0.69 0.0 0.0
2020 04 09 59 50 0.81 0.0 0.0
2020 04 10 55 51 2.88 o.o 0.0
2020 04 11 63 49 T 0.0
2020 04 12 60 55 0.03 0.0 0.0
2020 04 13 63 54 0.06 0.0 0.0
2020 04 14 65 54 o.oo o.o 0.0
2020 04 15 74 52 0.00 o.o 0.0
2020 04 16 68 53 0.00 0.0 0.0
2020 04 17 64 54 0.00 0.0 0.0
2020 04 18 64 56 0.13 0.0 0.0
2020 04 19 64 57 0.00 o.o 0.0
2020 04 20 64 58 0.00 0.0 0.0
2020 04 21 65 58 0.00 0.0 0.0
2020 04 22 73 55 0.00 o.o 0.0
2020 04 23 77 58 0.00 0.0 0.0
2020 04 24 79 61 0.00 o.o 0.0
2020 04 25 79 61 o.oo 0.0 0.0
2020 04 26 84 59 0.00 0.0 0.0
2020 04 27 71 BO 0.00 o.o 0.0
2020 04 28 70 61 0.00 o.o 0.0
2020 04 29 68 61 0.01 0.0 0.0
2020 04 30 69 62 0.00 0.0 0.0
Summary 67 55 6.41 0.0
Empty, or blank, cells indicate that a data observation was not reported. "Ground Cover: 1 =Grass; 2=Fallow; 3=Bare Ground; 4=Brome grass; 5=Sod; 6=Straw mulch; 7=Grass muck; 8=Bare muck; 0=Unknown "s" This data value failed one of NCEl's quality control tests. "At Obs."= Temperature at time of observation ''T" values In the Precipitation or Snow category above indicate a "trace" value was recorded. "A" values in the Precipitation Flag or the Snow Flag column indicate a multlday total, accumula1ed since last measurement, is being used.

Data value Inconsistency may be present due to rounding calculations during the conversion process from SI metric units to standard Imperial units.

Tammy Cloud-McMinn
From:

Sent:

To:

Lee Andelin < [email protected] >
Tuesday, March 12, 2024 1 :47 PM
City Clerk
Cc: Gina Herrera; Arie Spangler; Robin Nuschy; Torrey Wolf Subject: Agenda Item No. 8 - Appeal of City Engineer Decisions - Sa rem Residence (4005 Skyline Road)
Attac hments: AAC Letter to City Council.pdf
Ms. Freisinger,
Please see the attached letter for distribution to the city councilmembers .

Lee
Lee M. Andelin
Partner

AANNESTAD ANDELIN & CORN LLP
160 Chesterfield Drive, Suite 201
Cardiff-by-the-Sea, California 92007
(760) 944-9006
[email protected]
www .aac.law
All Receive - Agenda Item# .R_
For the Inform ation of the:
- ETX c_OUNCIL
Date.112QJ. CA v-c c _:::::

CM V-ACM _!C"DCM (3) _t::::;
CAUTION: Do not open attachments or click on links unless you recogni ze the sender and know the content i safe.
1 March 12, 2024

VIA EMAIL
Carlsbad City Council
c/o Sherry Preisinger, City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
[email protected]

AANNESTAD ANDELIN & CORN LLP
160 CHESTERFIELD DRIVE• SUITE 201
CARDIFF-BY-THE-SEA• CALIFORNIA 92007
www.aac.law • (760) 944-9006
Coastal Property Rights, Land Use & Litigation
Re: Agenda Item No. 8 - Appeal of City Engineer Decisions - Sa rem Residence ( 4005 Skyline Road)
Dear Mayor Blackburn, Mayor Pro Tern Bhat-Patel, and Honorable Councilmembers:

The purpose of this letter is to briefly address the staff report for this agenda item. The thrust of staff's argument is that the final signoff of construction and release of deposit are ministerial acts, and that city engineer's action is supported by the certification of the Sarems' engineer and therefore cannot be questioned.

While the final signoff and release of deposit may be ministerial acts, nothing in the city's appeal ordinance requires the city council to afford such extreme deference to the city engineer-or more accurately, the Sarems' engineer. The appeal statute simply states the following:

An individual may appeal the decision of the city engineer made in regard to administration of this chapter to the city council within 10 calendar days following the decision. Appeals shall be in writing, filed with the city clerk and shall state the basis for the appeal. Fees for filing an appeal shall be in an amount as established by resolution of the city council. The decision of the city council shall be final. (Carlsbad Mun. Code,§ 15.16.160.A)
While it may be natural for the city council to want to defer to the city engineer's expertise in close cases, nothing in the ordinance states that the city council must defer to the city engineer in all cases. Notably, the ordinance states that the city council's decision, not the city engineer's decision, is final.

In any event, the decisions to provide final signoff and release of deposit must be supported by substantial evidence and must be consistent with city standards. The videos we have provided Carlsbad City Council
March 12, 2024