HomeMy WebLinkAboutPIP 05-14; MAMMOTH PROFESSIONAL OFFICE BUILDING; Planned Industrial Permit (PIP)CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed or other security Instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those
shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company
shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the
Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commit-
ment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant
to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to
eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the
policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and
Stipulations, and Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured where are hereby incorporated by reference and are made a part of this Commitment except
as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
NOTE: The language contained in the Conditions and Stipulations of the policy committed for may be examined by
reference to forms on file in the office of the Department of Insurance or by inquiry at the office which issued this
Commitment.
COMMITMENT FOR TlnE INSURANCE
SCHEDULE A
ORDER NO. 53010ll3C Ul3
1. Effective Date: April 21, 2005
2. Policy or Policies to be issued:
ALTA OWNER'S POLICY
PROPOSED INSURED:
TBD
Your Ref:
at 7:30 AM
Amount $0.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE
4. Title to said estate or interest in said land is at the effective date hereof vested in:
LR PALOMAR, LLC, A DELAWARE LIMITED LIABILITY COMPANY
5. The land referred to in this Commitment is in the State of California, County of SAN DIEGO
and is described as follows:
SEE ATTACHED DESCRIPTION
COMMITM>2/215/ll2-lrc
Page l
Order No. 53 010ll3C DESCRIPTION
PARCEL 1: (APN 209-083-22)
ALL THAT PORTION OF LOTS 33 AND 34 OF CARLSBAD TRACT NO. 74-21 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
10372 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL
13, 1982, DESCRIBED AS FOLLOWS:
PORTIONS OF PARCEL l AND PARCEL 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED IN LOT LINE ADJUSTMENT N. 00-02 AS SHOWN IN
CERTIFICATES OF COMPLIANCE, RECORDED MAY 9, 2000 AS FILE NOS. 2000-0238910 AND
2000-0238909, BOTH OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1, DESCRIBED IN LOT LINE ADJUSTMENT
NO. 00-02 AS SHOWN IN CERTIFICATE OF COMPLIANCE, RECORDED MAY 9, 2000 AS FILE
NO. 2000-0238909 OF OFFICIAL RECORDS OF SAID COUNTY. THENCE ALONG THE WESTERLY
LINE OF SAID PARCEL l, NORTH 02° 36' 41 11 WEST 355.98 FEET;
THENCE SOUTH 87° 23' 20" WEST, 195.34 FEET, NORTH 15° 33' 55" BAST, 68.42 FEET AND
SOUTH 87° 23' 19" WEST, 12.43 FEET TO AN ANGLE POINT IN THE COMMON LINE BETWEEN
SAID PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO. 00-02;
THENCE ALONG SAID COMMON LINE, NORTH 810 49' 00 11 WEST, 57.58 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL 2, AT THE BEGINNING OF A NON-TANGENT CURVE FOR
THE WESTERLY LINE OF SAID PARCEL 2, SAID CURVE IS CONCAVE WESTERLY, HAVING A
RADIUS OF 336.00 FEET, AND TO WHICH BEGINNING OF A RADIAL LINE BEARS SOUTH 79°
01' 00 11 EAST;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE THE FOLLOWING THREE (3) COURSES: (1)
ALONG SAID CURVE, SOUTHWESTERLY, 137.59 FEET THROUGH A CENTRAL ANGLE OF 23° 27'
42";
(2) SOUTH 34° 26' 42" WEST, 231.98 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 264.0 FEET;
(3) ALONG SAID CURVE, SOUTHWESTERLY, 174.01 FEET THROUGH A CENTRAL ANGLE OF 37°
45' 5811 TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 25.00 FEET, AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 86° 40'
44 11 WEST;
THENCE ALONG SAID CURVE, SOUTHEASTERLY, 42.36 FEET THROUGH A CENTRAL ANGLE OF 97°
04' 48" TO THE SOUTHERLY LINE OF SAID PARCEL 2:
THENCE ALONG SAID SOUTHERLY LINE, NORTH 79° 36' 32" EAST, 470.48 FEET TO THE
POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT 20 FEET WIDE AS CONTAINED IN A DOCUMENT ENTITLED "RECIPROCAL
EASEMENT AGREEMENT", RECORDED APRIL 27, 2005, AS FILE NO. 2005-0351113 OF
OFFICIAL RECORDS FOR INGRESS AND EGRESS BEGINNING AT POINT X AS DESCRIBED BELOW
OVER AND ACROSS ALL THAT PORTION OF LOTS 32, 33 AND 34 OF CARLSBAD TRACT NO.
74-12 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 10372 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON APRIL 13, 1982, DESCRIBED AS FOLLOWS:
Page 2 DESCRIPTION
Or<ier No. 53010ll3C
PORTIONS OF PARCEL 1 AND PARCEL 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED IN LOT LINE ADJUSTMENT NO. 00-02 AS SHOWN IN
CERTIFICATES OF COMPLIANCE, RECORDED MAY 9, 2000 AS FILE NO. 2000-0238909 AND
FILE NO. 2000-0238910, BOTH OF OFFICIAL RECORDS OF SAID COUNTY, THE CENTER LINE
OF SAID 20 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1:
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, SOUTH 33° 32' 25" EAST, 205.06
FEET AND SOUTH 02° 36' 40" EAST, 1031.50 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL l;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 79° 36' 32' WEST, 335.85
FEET, BEING POINT X, THE TRUE POINT OF BEGINNING OF SAID 20 FOOT STRIP;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL l, NORTH 02° 36' 41" WEST, 355.98
FEET;
THENCE SOUTH 87° 23' 20 WEST, 195.34 FEET, NORTH 15° 33' 55" EAST, 68.42 FEET TO
THE TERMINUS THEREOF.
PARCEL 3:
AN EASEMENT 35 FEET WIDE AS CONTAINED IN A DOCUMENT ENTITLED "RECIPROCAL
EASEMENT AGREEMENT", RECORDED APRIL 27, 2005, AS FILE NO. 2005-0351113 OF
OFFICIAL RECORDS FOR INGRESS AND EGRESS BEGINNING AT POINT Z AS DESCRIBED BELOW
OVER AND ACROSS ALL THAT PORTION OF LOTS 32, 33 AND 34 OF CARLSBAD TRACT NO.
74-12 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 10372 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON APRIL 13, 1982, DESCRIBED AS FOLLOWS:
PORTIONS OF PARCEL 1 AND PARCEL 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED IN LOT LINE ADJUSTMENT NO. 00-02 AS SHOWN IN
CERTIFICATES OF COMPLIANCE, RECORDED MAY 9, 2000 AS FILE NO. 2000-0238909 AND
FILE NO. 2000-0238910, BOTH OF OFFICIAL RECORDS OF SAID COUNTY, THE CENTER LINE
OF SAID 35 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1:
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL l, SOUTH 33° 32' 25" EAST, 205.06
FEET AND SOUTH 02° 36' 40" EAST, 1031.50 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL 1;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 79° 36' 32' WEST, 335.85
FEET;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL l, NORTH 02° 36' 41" WEST, 355.98
FEET;
THENCE SOUTH 87° 23' 20 WEST, 195.34 FEET, NORTH 15° 33' 55" EAST, 68.42 FEET
BEING POINT Z, THE TRUE POINT OF BEGINNING OF SAID 35 FOOT STRIP THENCE SOUTH 87°
23' 1911 WEST, 12.43 FEET TO AN ANGLE POINT IN THE COMMON LINE BETWEEN SAID
PARCELS l AND 2 OF LOT LINE ADJUSTMENT NO. 00-02;
THENCE ALONG SAID COMMON LINE, NORTH 81°49'00" WEST, 57.58 FEET TO THE SOUTHWEST
Page 3 DESCRIPTION
Order No. 53010113C
CORNER OF SAID PARCEL 1 TO THE TERMINUS THEREOF.
SAID 35 FOOT STRIP TO BE EXTENDED EASTERLY TO THE EASTERLY LINE AND ITS
NORTHERLY EXTENSION OF PARCEL 2 HEREINBEFORE DESCRIBED.
Order No.
Pa.ize 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 1
53010113C Ul3
Your Ref:
REQUIREMENTS
The following are the requirements to be complied with:
Instruments in insurable form which must be executed, delivered and duly filed for record:
A A.) INTENTIONALLY OMITI'ED.
COMMIT&02/2!1/112-lr<:
B.) THE REQUIREMENT THAT ESCROW INSTRUCTIONS DETAILING THIS TRANSACTION
BE SUBMITI'ED TO THIS COMPANY.
C.) THE REQUIREMENT THAT AN UPDATED ALTA/ACSM SURVEY BE SUBMITTED TO
THIS COMPANY.
D.) THE REQUIREMENT THAT ENTITY DOCUMENTS, CERTIFICATES OF GOOD STANDING
AND RESOLUTIONS FOR THIS TRANSACTION BE SUBMITTED TO THIS COMPANY.
E . ) THE REQUIREMENT THAT ANY OTHER DOCUMENTS NECESSARY FOR THE PROPER
CONSUMATION OF THIS TRANSACTION BE SUBMITTED TO THIS COMPANY.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 2
Order No: 53010ll3C Ul3 Pa11;e 1 Your Ref:
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the
same are disposed of to the satisfaction of the Company:
A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records, or attaching subsequent to the effective date hereof but prior to the date the
proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by
this Commitment.
B. In addition to the Exceptions shown below, any standard coverage policy of title insurance issued under the
terms of this commitment will contain the applicable Exclusions and Exceptions shown on attached list.
Exceptions:
s 1 . PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 2005-2006 THAT ARE A LIEN NOT YET DUE.
c 2 . INTENTIONALLY OMITI'ED.
D 3 . THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND
TAXATION CODE OF THE STATE OF CALIFORNIA.
E 4. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND
EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY, WHERE REQUIRED
FOR THE CONSTRUCTION AND MAINTENANCE, AS CONTAINED IN THE DEED RECORDED
OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 AND OCTOBER 2, 1940 IN BOOK 1069,
PAGE 456 OF OFFICIAL RECORDS.
F 5 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN
BY AND BETWEEN:
RECORDED:
REGARDING:
TITLE INSURANCE AND TRUST UNDER HOLDING AGREEMENT
NO. 409 IN FAVOR OF THE CITY OF CARLSBAD
MARCH 29, 1982 AS FILE NO. 82083817 OF OFFICIAL
RECORDS
HOLD HABMLl!:SS AGUBHZNT -DRAIHAGB
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
c 6. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE
MAP OF:
PROVISIONS:
COMMITBZ-o2/~/82-ltc
10372
THIS SUBDIVISION IS APPROVED UPON THE EXPRESS
CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED
FOR DEVELOPMENT OF THE SUBJECT PROPERTI UNLESS THE
CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE
AVAILABLE AT THE TIME OF APPLICATION FOR SUCH
PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL
TIME OF OCCUPANCY IF THE CITY ENGINEER DETERMINES
THAT SEWER FACILITIES ARE NOT AVAILABLE, BUILDING
PERMITS WILL NOT BE ISSUED
Page 2
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 2
( Continued)
OrderNo: 53010113C Ul3 Your Ref:
H 7 . THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF
ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID IJWD, SUCH RIGHTS
HAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT.
AFFECTS: LOT 34
SAID LAND HOWEVER, ABUTS UPON A PUBLIC THOROUGHFARE OTHER THAN THE ROAD
REFERRED TO ABOVE, OVER WHICH RIGHTS OF VEHICULAR INGRESS AND EGRESS HAVE
NOT BEEN RELINQUISHED.
r 8 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
SAN DIEGO GAS AND ELECTRIC COMPANY
ACCESS AND UTILITIES
JUNE 11, 1986 AS FILE NO. 86-233721 OF OFFICIAL
RECORDS
LOT 34
J THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF
RECORD.
K 9. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY
COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP,
FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT
THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE
UNITED STATES CODE OR (B} RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE
AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT.
RECORDED: AUGUST 24, 1988 AS FILE NO. 88-422107 OF OFFICIAL
RECORDS
L NOTE: SECTION l.2956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF
THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, FAMILIAL STATUS, MARITAL STATUS DISABILITY, NATIONAL ORIGIN, OR
ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS
AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE
GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE
AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT
BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS.
M AMONG OTHER THINGS, SAID DOCUMENT PROVIDES;
LIENS AND THE SUBORDINATION THEREOF TO A FIRST MORTGAGE.
N 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
COMIT82Co2/2S/112~
Page 3
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 2
( Continued)
OrderNo: 53010ll3C Ul3 Your Ref:
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
CARLSBAD OAKS EAST BUSINESS PARK ASSOCIATION, A
CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION
MONUMENT AND WALL MAINTENANCE, AND EROSION CONTROL
AND INCIDENTAL PURPOSES
FEBRUARY 14, 1989 AS FILE NO. 89-077101 AND
RB-RECORDED MARCH 28, 1989 AS FILE NO. 89-157006
BOTH OF OFFICIAL RECORDS
LOT 32, 33, 34
o THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY
DESCRIBED IN SAID DOCUMENT.
P 11. A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS, CASE NO. PIP98-06,
RECORDED OCTOBER 13, 1998 AS FILE NO. 1998-0657773 OF OFFICIAL RECORDS.
SAID MATJ'ER AFFECTS: LOTS 32, 33 AND 34
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS
o 12. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN
DATED:
BY AND BETWEEN:
RECORDED:
REGARDING:
NOVEMBER 17, 1998
INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC., A
DELAWARE CORPORATION AND THE CITY OF CARLSBAD
JANUARY 11, 1999 AS FILE NO. 1999-0014966 OF
OFFICIAL RECORDS
DJ:CLARAT:tON OJ' NON-BUILD BASDBNTS
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
R 13 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
SAN DIEGO GAS AND ELECTRIC COMPANY
ACCESS AND UTILITIES
SEPTEMBER 17, 1999 AS FILE NO. 1999-0638042 OF
OFFICIAL RECORDS
AFFECTS LOTS 32 AND 33
s THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF
RECORD.
v 14 . A RECIPROCAL EASEMENT AGREEMENT MADE AND ENTERED INTO AS OF APRIL 22,
2005, BY AND BETWEEN LR LOKER, LLC, A DELAWARE LIMITED LIABILITY COMPANY
AND LR PALOMAR, LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED-,
SUBJECT TO THE TERMS, COVENANTS AND CONDITIONS AS CONTAINED THEREIN.
COMITl!2C-02/20/~lro
Page 4
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 2
(Continued)
OrderNo: 53010113C Ul3 Your Ref:
T END OF SCHEDULE B
u JP
COMITB2C-02/2!5/82•ln:
\
..
11944
E. Loker and Palomar are entering into and recording this Agreement to provide for
mutual, non-exclusive use, as well as the maintenance of the Entry and Access Way.
NOW, THEREFORE, for good and adequate consideration, the receipt and sufficiency
of which is hereby acknowledged, Loker and Palomar (together, the "Parties" and each
sometimes a "Party") hereby act, covenant and agree as follows:
1. Access Easements. To the extent that the Entry and Access Way lies within the Loker
Parcel, Loker hereby grants to Palomar, for the benefit of the Palomar Parcel, a non-exclusive
easement for vehicular and pedestrian access, and for underground utility access with respect to
any utilities existing as of the date hereof, to the Palomar Parcel under, across and through the
Entry and Access Way. To the extent that the Entry and Access Way lies within the Palomar
Parcel, Palomar hereby grants to Loker, for the benefit of the Loker Parcel, a non-exclusive
easement for vehicular and pedestrian access, and for underground utility access with respect to
any utilities existing as of the date hereof, to the Loker Parcel under, across and through the
Entry and Access Way.
2. Maintenance Easement Palomar hereby grants to Loker, for the benefit of the Loker
Parcel, a non-exclusive easement under, across and through a ten foot strip of land (the
"Maintenance Easementj, immediately adjacent to, and paralleling, the south and east
boundaries of the Entry and Access Way, for the purposes of performing maintenance of and
repairs to the Entry and Access Way.
3. Tenn of Easements. The term of the casements granted herein (the "Easem•tl"} shall
be perpetual and shall not be terminable for any reason. other than by a recorded instrument of
tennination that has been executed and acknowledged by all persons then holding either a fee
interest in or the beneficial interest under any deed of trust or mortgage encumbering either
Parcel.
4. Limitations on Us. The Parties' use of their respective Easements over, under and
across the Entry and Access Way shall be limited to (A) vehicular and pedestrian passage by the
Parties and their respective employees, contractors, vendors, visitors and invitees and (B)
tmderground utility lines serving their respective Parcels as of the date hereof (if any). In no
event shall a Party use, or permit those tmder its control to use, the Entry and Access Way for the
parking or unloading of vehicles, except that Loker may pennit such parking or unloading as
reasonably required for its maintenance and repair of the Entry and Access Way or for the
installation of utility lines. In no event shall Palomar cause or permit the drainage of surmce
water from the Palomar Parcel onto the Entry and Access Way or onto the Loker Parcel. Neither
Party shall make any use of the Entry and Access Way that would prevent or materially impair
the other Party's use, nor shall Palomar make any use of the Maintenance Easement area that
would materially impair Laker's use of the Maintenance Easement; provided, however, that
Loker shall be pennitted to close part of the Entry and Access Way for reasonable periods (not to
exceed 30 consecutive days or 60 days in any 12-month period), with at least five days prior
written notice to Palomar, to comply with its obligations under Section 5, so long as each Parcel
continues to have access to Loker A venue East.
2 30233777\V-2
.. •.·.
11945.
5. Maintenance of Entry and Access Way. Loker shall reasonably maintain, repair, replace,
and protect the Entry and Access Way area for the uses herein granted, subject to the terms and
conditions contained herein. Loker shall be responsible for 78.13%% and Palomar shall be
responsible for 21.87% of the reasonable and actual costs of maintaining the Entry and Access
Way area, including, without limitation, the driveway, curbs, gutters and directional and traffic
signage (collectively, the "Entry and Acceu Way Areaj. Palomar shall ftom time to time
reimburse Loker for its share of such costs, in each instance within 20 days after receiving a
written invoice for such share, accompanied by copies of the invoices or other written evidence
of the costs then being billed. Notwithstanding the foregoing, any damage to the Entry and
Access Way Area caused by a Party's (or its employees'. agents', contractors', vendors',
visitors' and invitees') negligence, misconduct, misuse, overuse or intentional act, or caused by a
utility company installing, maintaining, repairing, replacing, and/or removing any utilities
exclusively serving a Party's Parcel, shall be paid entirely by such Party.
6. Insurance. Each of Loker and Palomar shall carry (or cause to be carried), during the
term of this Agreement, comprehensive general public liability insurance in an amount not less
than $2,000,000 (the "Coverage Amounf') combined single limit. On each fifth year_
anniversary of the date hereof, the Coverage Amount shall be increased by 10%, rounded-up to
the nearest $100,000. Therefore, on April 22, 2010 the Coverage Amount shall be increased to
$2,200,000, on April 22, 2015 the Coverage Amount shall be increased to $2,500,000, and so on.
7. Mutual Indemnification. Each of Loker and Palomar (each referred to as "IDdemnitor")
shall indemnify, defend and hold harmless the other and its officers, directors, managers,
employees, agents, shareholders, members and partners (collectively, "Indemnitee''), against
any and all claims, demands, costs, expenses and liabilities (collectively, "Claims") arising from
the death of or any accident, occurrence, injury, loss or clamage whatsoever caused to any natural
person or to the property of any persons as shall occur in or on its own Parcel except to the extent
that such Claims are caused by Indemnitee or any contractor or invitee of Indemnitec.
8. Amendments. Palomar shall agree to amendments to this Agreement to satisfy the
reasonable concerns of any prospective encumbrancer of the Loker Parcel in connection with the
debt financing ( or refinancing) of the Loker Parcel, so long as no such modification or additions
materially and adversely affect the rights or obligations of Palomar. Otherwise, this Agreement
may be amended only by the written agreement of all the Parties.
9. Entire Agreement This agreement contains the entire agreement of the Parties with
respect to the matters covered by it, and no other agreement, statement, or promise made by
either Party to the other, or by an agent of either Party, which is not contained in this Agreement
shall be binding or valid.
3 30233777\V-2
---~--------------------
11948.-
10. Notices. Any notice~ co~sent, demand or other communication to be delivered to a ·party
hereunder shall be made in writing and transmitted to the applicable Party either by receipted
courier service, or by the United States Postal Service, registered or certified mail, postage
prepaid, return receipt requested, or by electronic facsimile transmission ("Fax"), at the address
or addresses indicated for the recipient Party below (and/or to such other address as such Party
may from time to time by written notice designate to the other)
To Loker:
With a copy to:
To Palomar:
With a copy to:
LRLokerLLC
c/o Lowe Enterprises Real Estate Group-West, Inc.
11777 San Vicente Blvd., Suite 900
ios Angele~, California 90049
Fax No.: (310) 207-1132
Attention: Joe Madding, Senior Vice President
Lowe Enterprises, Inc.
11777 San Vicente Boulevard, Suite 900
Los Angeles, California 90049
Attn: Corporate Counsel
Facsimile No.: (310) 207• l l 32
LR Palomar, LLC
c/o Lowe Enterprises Real Estate Group-West, Inc.
11777 San Vicente Blvd., Suite 900
Los Angeles, California 90049
Fax No.: (310) 207-1132
Attention: Joe Markling, Senior Vice President
Lowe Enterprises, Inc.
11777 San Vicente Boulevard, Suite 900
Los Angeles, California 90049
Attn: Corporate Counsel
Facsimile No.: (310) 207-1132
and shall be deemed delivered and received (A) if delivered or transmitted before 5:00 pm
recipient's local time on a business day, or if delivery is unsuccessfully attempted between the
hours of 9:00 am and 5:00 pm on a business day, then on the date of actual delivery or
transmittal or of such attempted delivery, and (B) otherwise on the business day next following
the day of actual delivery or transmittal. For purposes of this Section, the date and time of
delivery, attempted delivery or transmittal shall be established by postal or courier receipt or by a
transmittal confinnation log sheet generated by the sending Fax machine. To be effective, any
delivery by Fax must be confirmed within three business days by duplicate notice delivered as
otherwise provided herein.
11. Successors and Assigns: Appurtenant Easement. The provisions of this Agreement shall
be binding upon and shall inure to the benefit of Loker and Palomar, their respective heirs,
successors (by merger, consolidation otherwise) and pennitted assigns and all others acquiring a
4
30233777\V-2
11947
fee interest in either Parcel (or any portion thereof). whether by operation of law or in any
manner whatsoever. All of the provisions of this Agreement shall be covenants running with the
land.
12. Liens Not Impaired. No breach of the terms, conditions and covenants of this Agreement
or any other enforcement thereof shall defeat or render invalid the lien of any mortgage or deed
of trust made in good faith and for value. None of the terms and provisions of this Agreement
shall supersede or in any way reduce the security or affect the validity of any such mortgage or
deed of trust; provided, however, that any such term, covenant, condition or restriction shall be
binding upon and effective against any owner of Parcel (or any portion thereof) whose title
thereto is acquired by foreclosure, trustee's sale or otherwise.
[SIGNATURES FOLLOW ON NEXT PAGE/
5 302337mV-2
· I
...
30233777\V-2
'I
11950'
EXHIBIT A
DESCRIPTION OF LOKER PARCEL
[ sec attached]
A-1
EXHIBIT A
11951
(APN 209-083-21)
ALL THAT PORTION OF LOTS 32, 33 AND 34 OF CARLSBAD TRACT NO. 74-12 IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 10372 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON APRIL 13, 1982, DESCRIBED AS FOLLOWS:
PORTIONS OF PARCEL l AND PARCEL 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED IN LOT LINE ADJUSTMENT NO. 00-02 AS
SHOWN IN CERTIFICATES OF COMPLIANCE, RECORDED MAY 9, 2000 AS FILE NO.
2000-0238909 AND FILE NO. 2000-023B910, BOTH OF OFFICIAL RECORDS OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1:
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, SOUTH 33° 32' 25h EAST, 205.06
FEET AND SOUTH 02° 36' 40" EAST, 1031,50 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL l;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 79° 36' 32' WEST,
335.85 FEET;
THENCE ALONG THB WESTERLY LINB OP' SAID PARCEL 1, NORTH 02° 36' 41" WEST, 355.98
FEET;
1'HHNCB SOOTH 87• 23' 20 WBST, 195.34 FEET, )mltTH 15• !3' ss• BAST, 68.42 PD'!'
AND SOUTH 87° 23' 19" WEST, 12.43 PBBT TO AN ANGLE POINT IN THE COMMON LINB
BETWEEN SAID PARCELS 1 AND 2 OP LOT LINE ADJUSTMENT NO. 00-02;
THENCE ALONG SAID COMMON LINE, NORTH 81° 49' 00" WEST, S7.58 FEET TO THE
SOlJTHWEST CORNER OF SAID PARCEL l, AT THE BEGINNING OF A NO TANGENT CURVB POR
THE WESTERLY LINE OF SAID PARCEL 1, SAID CDRVB rs CONCAVE WESTERLY, HAVING A
RADIUS OF 336.00 FEET, AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 79° 01'
0011 EAST;
THENCE NORTHERLY ALONG SAm 'HESTERLY LINE THE FOLLOWING TWO (2) COURSES:
(1) ALONG SAID CURVE, 254.11 FEET THROUGH A CENTRAL ANGLE OF 43° 19' 53 11 ;
(2) THENCE NOR'l'H 32° 20' 53" WEST, 249,10 FEET TO THE NORTHWEST CORNER OF SAID
PARCEL l;
THENCE ALONG THE NORTHERLY LINE OP SAID PARCEL l, NOR'l'H 57• 39' 07" EAST,
724.11 FEET TO THE POINT OF BEGINNING.
11952
EXHIBITB
DESCRIPTION OF PA.LQMAR PARCEL
[ see attached] · .,
· ...
30233777\V•2
EXHIBIT ■ I 11953·
ALL THAT PORTION OF LOTS 33 AND 34 OF CARLSBAD TRACT NO. 74-21 IN THB CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OP CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 10372 FILED IN THB OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
APRIL 13, 1982, DBSCRIBED AS FOLLOWS:
PORTIONS OP PARCEL 1 AND PARCBL 2, IN '1'HI cnT 01'. CARL.9UD, COUll'lT OP SAN
DIEGO, STATB OP CALI:PORNIA, DBSCRIBED IN LOT I.D1B ADJUSTMENT N, 00-02 AS SHOWN
IN CERTIPICATBS OP COMPLIANCE, RBCORDBD MAY 9, 2000 AS PILB NOS. 2000-0238910
AND 2000-0238909, BOTH OP Ol"l"ICIAL RBCORDS OF SAID COUNTY, DBSCRI:BED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCBI, 1, DESCRIBED IN LOT LINE
ADJUSTMENT NO. 00-02 AS SHOWN IN CERTIFICATE OF COMPLIANCE, RECORDED MAY 9,
2000 AS FILE NO. 2000-0238909 OP OFFICIAL RECORDS OF SAID COUNTY. THBNCB ALONG
THE WESTERLY LINE OF SAID PARCEL 1, NORTH 02° 36' 41" WEST 355.98 FEST;
THENCE SOUTH 87° 23' 20" WEST, 195,34 FEET, NORTH 15° 33' 55" EAST, 68.42 P.BBT
AND SOUTH 87° 23' 1911 WEST, 12,43 PEET TO AN ANGLE POINT IN THE COMMON LINE
BETWEEN SAID PARCELS 1 AND 2 OF LOT LINE .ADJUSTMENT NO. 00-02;
THENCE ALONG SAID COMMON LINE, NORTH 81° 49' 00" WEST, 57.58 FEET TO THB
NORTHWEST CORNER OF SAID PARCEL 2, AT THB BEGINNING OF A NON-TANGENT CURVE FOR
THE WESTERLY LINB OF SAID PARCEL 2, SAID CURVE IS CONCAVB WBSTBRLY, HAVING A
RADIOS or 336, 00 !'BET, AND TO WHICH BBGINNING OF A RADIAL LINS BEARS SOUTH 79•
01' 00" EAST;
THENCE SOUTHBRLY ALONG SAID WBSTBRLY LINE THE FOLLOWING 'l'HRBB (3) COURSES: (1)
ALONG SAID CURVB, SOUTHWESTBRLY, 137,59 FBBT THROUGH A CENTRAL ANGLE OF 23° 27'
4211 ;
(2) SOUTH 34• 26' 42 11 MBST, 231.98 P'BB'l' 'l'O THB BEGINNING OP A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 264.0 FEET;
(3) ALONG SAID CURVE, SOUTHWBSTBRLY, 174.01 FBBT THROUGH A CBH'rRAL ANQLB OP 37•
45' 58" TO THB BBGIHHI:N(] OP A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIOS OF 25.00 FEBT, AND TO WHICH BEGINNING A RADIAL LINS BEARS SOOTH 86• 40'
4411 WBST;
THENCE ALONG SAID CURVE, SOUTHEASTERLY, 42 . 3 6 FEET THROUGH A CENTRAL ANGLE OF
97° 04' 48 11 TO THE SOOTHBRLY LINE OF SAID PARCEL 2:
THBNCB ALONG SAID Sot11'HERLY LINE, NOR'l'K 79• 36' 3211 EAST, 470.48 FBBT TO THE
POINT OF BEGINNING.
APN: 209-083-22
•:.
11954'
EXHIBITC
DESCRIPTION OF ENTRY AND ACCESS WAY
[ see attached]
D-1
30233777\V-2
11955
EXHIBIT "C"
PARCEL 2:
AN EASEMENT 20 FEET WIDE AS CONTAINED IN A DOCUMENT ENTITLED "RECIPROCAL
EASEMENT AGREEMENT", RECORDED APRIL 'l-7!' r 2.a>S , 2005, AS FILE NO.
2005-Q,3$' fl(~ · FOR INGRESS AND EGRESS BEGINNING AT POINT X AS DESCRIBED
BELOW OVER AND ACROSS JI.LL THAT PORTION or LOTS 32, 33 AND 34 OF CARLSBAD TRACT
NO. 74-12 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 10372 FILED IN THE OFFICE OF THE COUNTY RECORDER or
SAN DIEGO COUNTY ON APRIL 13, 1982, DESCRIBED AS FOLLOWS:
PORTIONS OF PARCEL 1 AND PARCEL 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED IN LOT LINE ADJUSTMENT NO. 00-02 AS SHOWN IN
CERTIFICATES OF COMPLIANCE, RECORDED MAY 9, 2000 AS FILE NO. 2000-0238909 AND
FILE NO. 2000-0238910, BOTH OF OFFICIAL RECORDS OF SAID COUNTY, THE CENTER LINE
OF SAID 20 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1,
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, SOUTH 33° 32' 25" EAST, 205.06
FEET AND SOUTH 02° 36' 4011 EAST, 1031.50 FEET TO THE SOOTHEAST CORNER OF SAID
PARCEL l;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 79• 36' 32' WEST, 335.8S
FEET, BEING POINT X, THE TRUE POINT OF BEGINNING OF SAID 20 FOOT STRIP;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL l, NORTH 02° 36' 41" WEST, 355.98
FEET;
THENCE SOUTH 87° 23' 20 WEST, 195,34 FEET, NORTH 15° 33' 55" EAST, 68.42 FEET TO
THE TERMINUS THEREOF.
PARCEL 3:
AN EASEMENT 35 FEET WIDE AS CONTAINED IN.,.& DOCUMENT ENTITLED "RECIPROCAL
EASEMENT AGREEMENT", RECORDED APRIL ?-7,-.., 'ltx)~, 200s, AS FILE No.
2005-Q3S:: (lf .3 FOR INGRESS AND EGRiss BEGINNING AT POINT Z AS DESCRIBED
BELOW OVER AND ACROSS ALL THAT PORTION OF LOTS 32, 33 AND 34 OF CARLSBAD TRACT
NO. 74-12 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OP CALIFORNIA,
ACCORDING TO MAP THEREOF NO, 10372 FILED IN 'l1lB OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON APRIL 13, 1982, DESCRIBED AS FOLLOWS:
PORTIONS OF PARCEL l AND PARCEL 2, IN THE CITY OF CARLSBAD, COUNTY OF SJUi DIEGO,
STATE OF CALIFORNIA, DESCRIBED IN LOT LINE ADJUSTMENT NO. 00-02 AS SHOWN IN
CERTIFICATES OF COMPLIANCE, RECORDED MAY 9, 2000 AS FILE NO. 2000-0238909 AND
FILE NO. 2000-0238910, BOTH OF OFFICIAL RECORDS OF SAID COUNTY, THB CENTER LINB
OF SAID 35 POOT STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1:
---~----------
11956
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, SOUTH 33° 32' 25 11 EAST, 205.06
FEET AND SOUTH 02° 36' 40" EAST, 1031.50 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL l;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 79° 36' 32' WEST, 335.85
FEET;
THENCE ALoONG THB WESTERLY LINE OF SAID PARCEL 1, NORTH 021> 36' 41• WEST, 355.98
FEET;
THENCE SOUTH 87° 23' 20 WEST,· 19s:·34 PEET, NORTH 151> 33' ss" EAST, 68,<12 FEET
BEING POINT Z, THE TRUE POINT OF BEGINNING OF SAID 35 FOOT STRIP THENCB SOUTH 87°
23' 19• WEST, 12.43 FEET TO AN ANGLE POINT IN THE COMMON LINE BETWEEN SAID
PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO, 00-02;
THENCE ALONG SAID COMMON LINE, NORTH 81°49'00" WEST, 57,58 FEET TO THE SOUTHWEST
CORNER OF SAID PARCEL l TO THE TERMINUS THEREOF.
SAID 35 FOOT STRIP TO BE IXTENDED EASTERLY TO THE EASTERLY LINE AND ITS
NORTHERLY EXTENSION OF PARCEL 2 HEREINBEFORB DESCRIBED,
2
. j
•.
-......
C.04258
dee"d of~ whi<?h may from time to tim~ enctimber tiie .interest of su¢1 owne .in·
Parcel A or Parcel B, as applicabl~ provided ~ any such mortgage or deed o trust shall
: be and r~ subject and subordinate to this Decraratip~ • . • : .• · •
• SectioR ~.8. Attorneys' F~. If either Owner commenee$ an}, I~ • ol) a.gain~ .
the other <:fwner to enfor.ce this Declaration, the prevailing Owner shall be .' ed to • •
recover from the other Owner its reasonable attorneys' fees actmµIy ~ in nnection
·w.ith such action.·
Section 3.9. NQRights in Public. ;Nothing contained in this Decl~o shall
create oz: be deemed ~ create any rights in the general public, nor be deemed to be a gift
or a dedic.ation of any portion-of the parcels to or for the general public orf or public
pur]_X>S8 whatsoever~ it being the intention that this Declaration shall be strictly • to
and for the purposes herein expressed. •
[SIGNATURE APPEARS ON FOLLOWING PAGE]
-4-
ll03?425hl • IDI!AI.OM,AR NON-BUllD_BASBMENT ll/l0t
Descr:l;pt!cm: San D~eg'!,CA· Docullmlt:-re.u-.Doc.m J..999.2496~ Page: 4. o~ J.2
order: lU Comme,lit:: . .
' •
• Cl Cl Cl
Cl Cl Cl
Cl Cl Cl
TRANSMITTAL NOGLE
ONUFER
ASSOCIATES
ARCHITECTS DATE:
PROJECT NAME :
PROJECT NO.:
TO:
FOR YOUR:
WE TRANSMIT
THEFOLLOWING:
REMARKS:
BY:
CC:
Cl 07-29-05
Cl Mammoth Professional Office Building -
Carlsbad
cAPN: 209-083-22
Cl City of Carlsbad -Planning Department
Cl Review
Cl Copies Date Description
1 07-29-05 Planned Industrial Permit Submittal Package.
Cl
D Ronyt Sprung, NOAA, Inc.
Cl
2398 San Diego Ave.
San Diego, CA 92110
Telephone:
( 619) 297-8066
Fax:
(619) 297-8055
..
INSTRUCTION SHEET FOR FILLING OUT
ENVIRONMENTAL IMPACT ASSESSMENT FORM-PART I
This Environmental Impact Assessment (EIA) Form -Part I will be used to determine what type
of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative
Declaration, Negative Declaration or Exemption) will be required to be prepared for your
application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's
Municipal Code. The clarity and accuracy of the information you provide is critical for purposes
of quickly determining the specific environmental effects of your project.
Judicial decisions have held that a "naked checklist," that is a checklist that is merely checked
"yes impact" or "no impact," is insufficient to comply with the requirements of the California
Environmental Quality Act. When preparing this form, each "yes impact" or "no impact"
answer must be accompanied by a written explanation justifying the "yes impact" or "no
impact" answer. Any environmental studies (i.e., biological, cultural resource, traffic,
noise) that are necessary to substantiate a "no impact" or "yes impact" determination
should be submitted as an attachment to this Environmental Impact Assessment. This is
especially important when a Negative Declaration is being sought. The more information
provided in this form, the easier and quicker it will be for staff to complete the Environmental
Impact Assessment Form -Part II.
. .
ENVIRONMENTAL IMPACT ASSESSMENT FORM-PART I
(TO BE COMPLETED BY THE APPLICANT)
CASE NO: _____ _
DATE: ______ _
BACKGROUND
1. CASE NAME: /V\a.W'lrno::\:'n 'ProCess,oAal Of.~1c.e '.Bu,(d,,o5 -Co.( bh~cl.
MOMM tr+ I, Co..-~ ba.o lLC.
2. LEADAGENCYNAMEANDADDRESS: a,o5~'2 ~\ J:ov:o Rd-Sw-k. Eo:2
l'-"lt>s,on v.~Jo, c.A "'1~6'1'2
3. CONTACT PERSON AND PHONE NUMBER: l f.f-. 'fl..o 4.s hec.K (qyg') 5B3 -·=HSf,
4. PROJECT LOCATION: AJo,...-\h f .,._~+ Co< 0£.r of l=>Alo~r A,,(-'oc ::\: Rd· And.
lo K.e.,,. A~-f~.\.
5. PROJECT SPONSOR'S NAME AND ADDRESS: 5o.me a ~ -.ti. ,2,
6. GENERAL PLAN DESIGNATION: _f't>_~---------------
7. ZONING: _~_,_.L...___,__ ____________________ _
8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): -~/\/,__,_+-/.L..A_,___ __________ _
9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES:
5e e A :ilc.c.J0 Me nJ
1 Rev. 07126/02
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a ''Potentially Significant Impact," or "Potentially Significant Impact
Unless Mitigation Incorporated" as indicated by the checklist on the following pages.
D Aesthetics
D Agricultural Resources
D Air Quality
D Biological Resources
D Cultural Resources
D Geology/Soils 0Noise
D Hazards/Hazardous Materials D Population and Housing
D Hydrology/Water Quality
D Land Use and Planning
D Mineral Resources
D Mandatory Findings of
Significance
2
D Public Services
D Recreation
D Transportation/Circulation
D Utilities & Service Systems
Rev. 07126/02
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental
Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental
Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical,
biological and human factors that might be impacted by the proposed project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or
to rely on a previously approved EIR or Negative Declaration.
• A brief explanation is required for all answers except "No Impact" answers that are adequately supported
by an information source cited in the parentheses following each question. A ''No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved. A ''No Impact" answer should be explained when there is no source
document to refer to, or it is based on project-specific factors as well as general standards.
• "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not
significantly adverse, and the impact does not exceed adopted general standards and policies.
• "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact."
The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly
explain how they reduce the effect to a less than significant level.
• "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly
adverse.
• Based on an "EIA-Part I", if a proposed project could have a potentially significant adverse effect on the
environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier
EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation
measures that are imposed upon the proposed project, and none of the circumstances requiring a
supplement to or supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional environmental
document is required.
• When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR
if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable
standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made
pursuant to that earlier EIR.
• A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant adverse effect on the environment.
• Ifthere are one or more potentially significant adverse effects, the City may avoid preparing an EIR ifthere
are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation
measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially
Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration
may be prepared.
3 Rev. 07/26/02
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to
the following circumstances: (1) the potentially significant adverse effect has not been discussed or
mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation
measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding
Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3)
proposed mitigation measures do not reduce the adverse impact to less than significant; or ( 4) through the
EIA-Part I analysis it is not possible to determine the level of significance for a potentially adverse effect,
or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a
level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts, which would otherwise be determined significant.
4 Rev. 07/26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
in non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
IV. BIOLOGICAL RESOURCES -Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by California Department of Fish and
Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian,
aquatic or wetland habitat or other sensitive natural
community identified in local or regional plans,
policies, or regulations or by California Department
of Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh,
vernal pool, coastal, etc.) through direct removal,
filing, hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
g) Impact tributary areas that are environmentally
sensitive?
6
Potentially
Significant
Impact
□
□
□
□
□
□
□
□
□
□
Potentially
Significant
Unless
Mitigation
Incorporated
□
□
□
□
□
□
□
□
□
□
Less Than
Significant
Impact
□
□
□
□
□
□
□
□
□
□
No
Impact
Rev. 07/26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
V. CULTURAL RESOURCES-Would the project:
a) Cause a substantial adverse change m the
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the signifi-
cance of an archeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a unique paleontologi-
cal resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside of formal cemeteries?
VI. GEOLOGY AND SOILS -Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury or
death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on-or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
d) Be located on expansive soils, as defined in Table 18
-1-B of the Uniform Building Code (1997), creating
substantial risks to life or property?
7
Potentially
Significant
Impact
□
□
□
□
□
□
□
□
□
□
□
Potentially
Significant
Unless
Mitigation
Incorporated
□
□
□
□
□
□
□
□
□
□
□
Less Than
Significant No
Impact Impact
□
□
□
□
□
□
□
□
□
□
□
Rev. 07/26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
XII. POPULATION AND HOUSING -Would the project:
a) Induce substantial growth in an area either directly
(for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating
the construction ofreplacement housing elsewhere?
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered government facilities, a
need for new or physically altered government
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
XIV. RECREATION
a) Would the project
neighborhood and
recreational facilities
deterioration of the
accelerated?
increase the use of existing
regional parks or other
such that substantial physical
facility would occur or be
11
Potentially
Significant
Impact
□
□
□
□
□
□
□
□
□
□
□
Potentially
Significant
Unless
Mitigation
Incorporated
□
□
□
□
□
□
□
□
□
□
□
Less Than
Significant No
Impact Impact
□
□
□
□
□
□
□
□
□
□
Rev. 07126/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
XV. TRANSPORTATION/TRAFFIC -Would the project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads
or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature
( e.g., sharp curves or dangerous intersections) or
incompatible uses ( e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in insufficient parking capacity?
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation ( e.g., bus turn-
outs, bicycle racks)?
XVI. UTILITIES AND SERVICES SYSTEMS -Would the
project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which would
cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
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Rev. 07/26/02
DISCUSSION OF ENVIRONMENTAL EVALUATION
AIR QUALITY-Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area
for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter
(PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin
(SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution
controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is
embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District
(APCD) and the San Diego Association of Governments (SANDAG).
A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-
mandated plan. This local plan was combined with plans from all other California non-attainment areas having
serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by
the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to
the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly
regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are
incorporated into the air quality planning document. These growth assumptions are based on each city's and the
County's general plan. If a proposed project is consistent with its applicable General Plan, then the project
presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that
the project would not have an adverse regional air quality impact.
Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific
reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality
management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set
forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California
Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the
following:
• Is a regional air quality plan being implemented in the project area?
• Is the project consistent with the growth assumptions in the regional air quality plan?
The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being
implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS.
Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct
implementation of the regional plan.
b) Violate any air quality standard or contribute substantially to an existing or projected air quality
violation?
Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of
Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality
violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in
2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates
in 1996. No violations of any other air quality standards have been recorded recently. If there is grading associated
with the project, the project would involve minimal short-term emissions associated with grading and construction.
Such emissions would be minimized through standard construction measures such as the use of properly tuned
equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project
will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in
the violation of any air quality standard ( comprising only an incremental contribution to overall air basin quality
readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as
less than significant.
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is non-attainment under an applicable federal or state ambient air quality standard?
14 Rev. 07/26/02
..
Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine
particulates. The proposed project would represent a contribution to a cumulatively considerable potential net
increase in emissions throughout the air basin. As described above. however, emissions associated with the
proposed project would be minimal. Given the limited emissions potentially associated with the proposed project,
air quality would be essentially the same whether or not the proposed project is implemented. According to the
CEQA Guidelines Section 15130 (a)(4), the proposed project's contribution to the cumulative impact is considered
de minimus. Any impact is assessed as less than significant.
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning
Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01).
City of Carlsbad Planning Department. March 1994.
15 Rev. 07/26/02
LIST OF MITIGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
16 Rev. 07 /26/02