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Home My WebLink AboutSDP 93-09A; AVIARA PA 26 NORTH - UNIT 1; Site Development Plan (SDP)---------------------------------------------~ \J\ .,.. 1,T 0 CITY 01<' CARLSBAD 0 LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT IV\ b ~ jfj ~,,i) ~ t!\~tt (FOR DEPT USE ONLY) USE ONLY) □ Master Plan □ General Plan Amendment □ Specific Plan □ Local Coastal Plan Amendment ~ Development Plan □ Precise Development Plan ' ~• r Ai' <fJ-D4(J'/ ~ I "" r ( d'"" , □ Tentative Tract Map □ Zone Change □ Planned Development Permit □ Conditional Use Permit □ Non-Residential Planned Development □ Hillside Development Permit □ Conciominium Permit □ Environmental Impact Assessment □ Special Use Permit □ Variance □ Redevelopment Permit □ Planned Industrial Permit □ +eRrati\·e PaFeel Map Obtain from Eng. ·Dept □ Coastal Development Permit □ Administrative Variance □ Planning Commission Determination □ Administrative Permit -2nd Dwelling Unit □ List any other applications not specified 2) ASSESSOR PARCEL NO(S). 215-643-10 3) PROJECT NAME: AVIARA PLANNING AREA 26 NORTH -UNIT NO. 1 4) BRIEF DESCRIPTION OF PROJECT: SITE DEVELOPMENT. PLAN FOR 18 SINGLE FAMILY UNITS ON 18 EXISTING SINGLE: FAMILY LOTS IN CONFORMANCE WITH THE APPROVED AVIARA MASTER PLAN & EIR.' -~~',QWNER AV (LARA. 'LAND '.A86OGIATES LIM. PTNRSHIP. 6) APPLICANT TAYLOR WOODROW NAME (PRINT OR TYPE) NAME (PRINT OR TYPE LARRY CLEMENS ALFREDO AYUYAO MAILING ADDRESS MAILING ADDRESS 2011 · PA60MAR,AIRPORT RD., ff 206 ,..',..f/· ·, i44_61 RIDGE ROUTE DR, ST.K. 1.00 .. . •"· CITY AND ST ATE ZIP TELEPHONE .f~~t!N1N\h5ltl~ CA 921!53 6ELEPHONE CARLSBAD,· CA. ,92009·, . __ ,...,_., ( 619) 931-1-l90-, (,714),,581.,.,2 6 2 • 'f ~ ....... , ... _ ........... ____ ., ____ I CERTIFY THAT I AM JHE LEGi.J. ,:>;.,;\:.::?. A. liD THAT ALL THE I CERTIFY THAT I AM THE LEGAL'REPRESENTATIVE OF THE OWNER ABOVE INFORMATION JS TRuE A.,;D CO:S:RECT TO THE BEST OF AND THAT ALL THE ABOVE INFORMA T!ON IS TRUE AND CORRECT MYKNOWLr. .. ,, ~~~M'7!~-GE. . , _OCT 16 B!m ~ ,E ,.·. i<: ,.~•:·.· .. ..: -~~/: :;,,.,.•:· I . ···\~sIGNATuRE ., ·····•·,DATE ll 7 "j,/, X .. -· /I \ \ "-.__.,/ t~•·., .•. ,:1-....t ·:-·~ '.::._.::! ' 7) BRIEF LEGAL DESCRIPTION: PORTION OF LOT 4, CT 89-37, AVIARA PHASE II, ACCORDING TO MAP 12967, FILED IN THE COUNTY RECORDER1·s OFFICE 9/16/92. --------------------' ~·.,,;..·---...;..._--------------::··-:::·~=;~:-:-· -=:~--'------------------....:_-----, } r -: CITY OF CARLSBAD r"'\ " · (J LAND USE REVIEW. APPLICATION FORN.,_) ______________ __, PAGE 2 OF 2 8) LOCATION OF PROJECT : _N_O_NE......,"r-'~_s_s_I_GN_E_D_Y_E_T ___________ _ • STREET ADDRESS ON THE __ S_O_U_T_H _________ ~I SIDE OF ..... 1 _~A=L=G=A---"-'RD=------------' (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN KESTREL DR AND BLACKRAIL COURT (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION (RES/ COMM/ INDUS) 16) PERCENT AGE OF PROPOSED PROJECT IN OPEN SPACE - 19) GROSS SITE ACREAGE 22) EXISTING ZONING ~ 11) NUMBER OF EXISTING ~ RESIDENTIAL UNITS 12) PROPOSED NUMBER ,:::; RESIDENTIAL UNITS IRES7 14) PROPOSED INDUSTRIAL ~ 15) PROPOSED COMMERCIAL t...:=..__J OFFICE/SQUARE FOOTAGE~ SQUARE FOOTAGE ~ 17) PROPOSED INCREASE IN rTiffi7 18) PROPOSED SEWER USAGE ~ ~ AVERAGE DAILY TRAFFIC L__J IN EQUIVALENT DWELLING l..J:U UNITS r-:--:-7 20) EXISTING GENERAL ~ PLAN ~ 23) PROPOSED ZONING ~ 21) PROPOSED GENERAL PLAN ~ L:::::.:.J DESIGNATION ~ 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD ~-!Ec',IBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PR~OPER~Y THAT IS~ SUBJECT OF THTS APPLI.CATION. 1/\VE CONSENT TO ENTRY FOR THIS PURPOSE . ~-~ \7-~y -·--SIGNA URE • ************************************************************************************************************************** FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE TOTAL FEE REQUIRED DATE FEE PAID FRM0016 3/96 FEE REQUIRED rJOV -8 1996 RECEIVED BY: RcCBIPT NO. 0 0 GUARANTEE First American Title Insurance Company H 124110 Form No. 1282 (Rev. 12/15/95) / SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taices or assessments of any taicing authority that levies taices or assessments on real property; or, (2) Proceedings by a public agency which may result in taices or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown hy the records of the taicing authority or by the public records. (c) (1) Un patented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to main- tain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do. not result in the invalidity or potential invalidity of any judicial or non- judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the ''Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. 2. (e) "date": the effective date. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall termi- nate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede lia- bility or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or dam- age signed and sworn to by the Assured shall be fur- nished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure (b) If the Company elects to exercise its options as of the Assured to provide the required proof of loss or stated in Paragraph 4(a) the Company shall have the damage, the company's obligation to such Assured right to select counsel of its choice (subject to the right under the Guarantee shall terminate. In addition, the of such Assured to object for reasonable cause) to rep-Assured may reasonably be required to submit to exam- resent the Assured and shall not be liable for and. will not ination under oath by any authorized representative of pay the fees of any other counsel, nor will the Company the Company and shall produce for examination, pay any fees, costs or expenses incurred by an Assured inspection and copying, at such reasonable times and in the defense of those causes of action which allege places as may be designated by any authorized repre- matters not covered by this Guarantee. sentative of the Company, all records, books, ledgers, (c) Whenever the Company shall have brought an checks, correspondence and memoranda, whether action or interposed a defense as permitted by the pro-bearing a date before or after Date of Guarantee, which visions of this Guarantee, the Company may pursue any reasonably pertain to the loss or damage. Further, if litigation to final determination by a court of competent requested by any authorized representative of the jurisdiction and expressly reserves the right, in its sole Company, the Assured shall grant its permission, in discretion, to appeal from an adverse judgment or order. writing, for any authorized representative of the Com- (d) In all cases where this Guarantee permits the pany to examine, inspect and copy all records, books, Company to prosecute or provide for the defense of any ledgers, checks, correspondence and memoranda in action or proceeding, an Assured shall secure to the the custody or control of a third party, which reasonably Company the right to so prosecute or provide for the pertain to the loss or damage. All information desig- defense of any action or proceeding, and all appeals nated as confidential by the Assured provided to the therein, and permit the Company to use, at its option, , Company pursuant to this Section shall not be disclosed the name of such Assured for this purpose. Whenever to others unless, in the reasonable judgment of the requested by the Company, an Assured, at the Company, it is necessary in the administration of the The Company shall have no duty to defend or prosecute Company's expense, shall give the Company all reason-claim. Failure of the Assured to submit for examination any action _or proc_eeding to which the Assure~ is _a able aid in any action or proceeding, securing evidence, under oath, produce other reasonably requested party, notwithstanding _the nature of any allegation inoobtaining witnesses, prosecuting or defending thoinformation or grant permission to secure reasonably such action or proceeding. action or lawful .ict which in the opinion of the Compan necessary information from third parties as required Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) 0 0 First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company Of (f 4 ✓, ~PAESIDFNT a,~ ~DRfZEDSIGNATDR'I 0 0 SCHEDULE A PROPERTY OWNER'S NOTICE GUARANTEE ORDER NO. 149555-M LIABILITY $200 FEE $125 1. NAME OF ASSURED: THE CITY OF CARLSBAD 2. DATE OF GUARANTEE: MARCH 31, 1997 THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: 1. THAT, ACCORDING TO THE LAST EQUALIZED ASSESSMENT ROLL ("ASSESSMENT ROLL") IN THE OFFICE OF SAN DIEGO COUNTY ASSESSOR'S OFFICE A. THE PERSONS LISTED BELOW AS "ASSESSED OWNER 11 ARE SHOWN ON THE ASSESSMENT ROLL AS OWNING REAL PROPERTY WITHIN 6 0 0 FEET OF THE LAND IDENTIFIED ON THE ASSESSMENT ROLL AS ASSESSOR'S PARCEL NUMBER (S) : 215-643-10 B. THE ASSESSOR'S PARCEL NUMBER (APN) AND ANY ADDRESSES SHOWN BELOW ARE AS SHOWN ON THE ASSESSMENT ROLL. 2. THAT, ACCORDING TO THE COMPANY'S PROPERTY RECORDS (BUT WITHOUT EXAMINATION OF THOSE COMPANY RECORDS MAINTAINED OR INDEXED BY NAME) , THERE HAVE BEEN NO DOCUMENTS RECORDED SUBSEQUENT TO MARCH 31, 1997 PURPORTING TO TRANSFER TITLE TO ANY OF THE PROPERTIES LISTED BELOW, EXCEPT AS INDICATED. (5 continued) to the Assured s~all potexoeed the least of: r"\ If a payment on account of a claim does not fully • b h I h'b't d b I Q (a) the amount of liability stated in Schedule A or( ,r,over the loss of the Assured the Company shall be in the a ove paragr~p , un ess pr_o 1 1 e Y ~':" or in Part 2. \....J subrogated to all rights and remedies of the Assured governmental regulation, shall terminate any hab1hty of ' . . . . after the Assured shall have recovered its principal, the co~pany under this Guarantee to the Assured for (b) the amount of the unpaid pnncIpal indebted-interest and costs of collection. that claim. ness secured by the mortgage of an Assured mortgagee, ' 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebt- edness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reason- able attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. . Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all lia- bility of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebted- ness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligat- ed to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or dam- age by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee as limited or provided under Section 6 of these 12. Arbitration. Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest theron: or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or dam·age to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except pay- ments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment ofloss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subroga- tion shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any per- son or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pur- suant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitra- ble matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 114 East Fifth Street, Santa Ana, California 92701. SUBDIVIL) 61955841414:# 2 ORnE~ NO. 1139762-15 i FIRST AMERICAN TITLE INSURANCE COMP 411 IW STREET, SAN DIEGO, CALIFOR?iIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92ll2 (G 9) 238-1776 OCTOBER 10, 1996 HILLMAN' ~ROPERTIES WEST 2011 PALOMAR AlRPORT RD. #206 SUITE 206 CARLSBAD, CA 92009 ATTN: SCOTT MED.~SKY YOUR REF; PA 26 NO. UNIT l OUR ORDER NO. 1139762-15 IN RESPONSE TO THE HEREIN REFSRENCED APPLICATION FO. A POLICY OF.TITLE • •. I INSURANCE, THIS COMP~ HEREBY REPORTS THAT IT IS P~EP~.RED TO ISSUE, OR CAUSE TO.BE ISSUED, Aq OF THE DATE HEREO~, A POL~CY OR POLiqIES OF TITLE INSURANCE DESCRIBING THE LAND .~'1\ID THE ESTATE O!f. INTEREST ;EREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH ~y BE StJSTA NED ~y REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN <pR REFERRED: TO· AS OR NOT EXCLUDED FR.OM COVERAGE PURSUANT TO THE PRINTED SQ.HE~ULES, CO!WITIONS AND STIPULATIONS OP SAID POLICY FORMS. •• THE PRI~'TED EXCEPTIONS AND EXCLUSIONS ~ROM THE COVE IGE OF SAID OLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE P~ICY FORMS HO~"'LD 3E READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH r1s'CJED THIS RE~ORT. . . . . I PLEASE READ 'l'HE EXCEPTIONS SHO'\ffl OR REFERRED 'l'b B~LOW AND THE EXCEP'l'IONS AND. l!JXCLUSIONS SET FORTE IN EXHIBIT ~ OF THIS ~B:PORT • CAREFULLY,· • THE: EXCEPTIONS AND EXC!JUS!ONS ARE ME~'l' TO l?ROVJ:~E YOU WlTH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDtRiTHE TERMS 0F THE TITLE INSURANCE POLIC~ AND SHOULD BE CAREFULLY CONSIDERED. I IT IS IMPORTANT TO NOTE THAT THIS PRELIMIN~RY RE?ORTf,S NOT AiITTEN . REPRESENTATION AS TO .THE CONDITION OF TITLE A.NI> Y NOT LI T ALL LIENS, DEF~CTS, AND ENCOMB:RANCES AFFECTING TITL~ TO THE LAND. THIS REPORT (AND ANY SUPPLEMEN'TS OR AMENDMENTS H.J;.:RETO) IS 4SSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POL~CY OF TITLE INSURANCE· A."'ID NO LIABIL;I:TY IS ASSUMED HEREBY. I IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO TEE ISSUANCE or 4 POLICY OF TI1LE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUES D. DATED AS OF OCTOBER 4, 1996 AT 7:30PA.M. ··--·· .. -.. -.·: ,,._ .. GREG SPANIOL DIRECT DIAL P FAX NO. 23l-464i P,1·.GE 1 ..,_ ,· 61955841414;# 3 ',SENT BY:fATCO 9: 18 SUBDIVU ORDER ~O. l139762-15 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPOR IS: TO BE DETERMlNED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOf rs VBSTED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A =DELAWARE IMITED PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP : j THE ESTATE OR I~TEREST IN THE LAND HEREINAFTER DES~RIBED ORR FERRED TO COVERED BY THIS REPORT IS: : I FEE I THE LAND REFERRED TO HEREIN rs DESCRIBED AS FOLLOWS\: (SEE ATTACHED LEGAL DESCRIPTION) i AT THE DATE HEREOF EXCEPTIONS TO COVERAG~ IN ADDITibN TO THE~ INTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY;FORM WOULD1BE AS FOLLOWS: , 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1996-91 NOW PAYABLE, A LIEN NOT YET DELINQUENT. I 2. THE LIEN OF SuPPLEMENTAL TAXES OR ASSESSMENTS, iIF ANY, AS ESSED PURSUANT TO CHAPTER 3. 5 COMMENCING WITH SEd.:TION 75 0 THE 3. 4, CALIFORN!A REVENUE AND TAXATION CODE AND ANY \OTHER APPL\' CABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXAT!O~ CODE. I SUPPLEMENTAL TAXES: • . • I I THE REQUIREMENT THAT THIS COMPANY BE F~IBHED WIT~ ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE P.JEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. I THE FACT SAID LAND LIES WITHIN A 11 BRIDGE ~D THOROU HFARE DISTRICT NO. l" ESTABLISHED BY RESOLUTION NO. 87!44 BY TE:E CITY OF CARLSBAD A CERTIFIED COPY OF WIUCH WAS· RECORDED AUGUST 19, 11986, RECORDER'S FILE NO, 86-356638, j I I I PAGE 2 5, 6. ; 1 o-, 0-96 SUBDIVIS!O~ 61955841414:# 4 0 0 ORD~R NO. li39762-15 SAID INSTRUMENT, AMONG OTHER THINGS, PROVIPES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE!GENERATED BY FEES COLLECTED AS BUILDING PERM!TS ARE ISSUED FOR PSVELOPMENT WITHIN THE BOtJNDAR!ES OF' THE DISTRICT. • Al~ AGREEMENT REG~.RDING TITLE SETTLEMENT A..~D ~XCHANGE AGREEMENT AND co:NVEYANCE OF PUBLIC ACCESS EASEMENT (L.j\.GOON NORTH SHORE TRAIL), DA'l'ED JUNE 6, 1988, UPON THE TERMlc,, COVENP.NTp, AND CONDITIONS CONTAINED THEREIN. ! EXECUTED BY AND BETWEEN: THE STATE OF CAL FORNIA, ACTING BY AND THROUGH ~HE STATE LANDS COMMISSION, WIT! THE CON~ENCE ~DTH:A~i~o~ ~~~R~is~I~~~~ LIMITED PARTNER HIP, A D LAWARE . LIMITED PARTNER HIP. RECORDED; JUNE 10, 1988 AS FILE NO. 88-27!452 OF OF1FI ICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTicUlfRs. A DEED OF TRUST TO SECURE .z-..,N INDEBTEDNESS IN THE OR~GIN.A.L PRINCIPAL SUM OF $125,000,000.00, AND ANY THER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 23, 1988 ~ FILE NO. 88-661636 OF OFFIC!AL RECORDS. DATED: DECEMBER 20, 1988 TR.USTOR: AVIARA LAND ASSOCIATES LIMITE± PARTNERS ,rp, A DELAWAAE LIMITED PARTNERSHIP TRtJSTEE: FIRST INTERSTATE BANK OE' CALIFO • 1IA, A CALifORNIA CORPOR.~TION I BENEFICIARY: FIRST INTERSTATE BANK OF CP.LIFORf IA, A CALiiORNIA CORPORATION SAID DEED OF TRUST IS SUBORDINATE TO THE DEED ~ESTRICTION1 (OPEN SPACE) RECORDED APRIL 14, 1989 AS FILE NO. 89-1~6176 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMEtn RECORDED \APRIL 14, 1989 AS FILE NO. 89-196177 OF OFFICIAL RECIRDS, j SJl.ID DEED OF TRUST rs SUBORDINATE TO THE DEED RE9TRICTION (']/RAIL) RECORDED ll.PRIL 14, 1989 AS FILE NO. 89-l961J-78 OF OFRICIAL RECORDS' BY THE TERMS OF A SUBORDINATION AGREEtllE,fi;T RECORDED IAPRIL 14, 1989 AS FILE NO, 89-196179 OF OFFICIAL REClRDS. i SAID DEED OF TRUST rs SUBORDINATE TO THE IRREfOCABLE OFF8R TO DEDICATE OPEN-SPACE EASEMENT AND DEC!.iARATION I OF RESl'RiqTIONS RECORDED .~PRIL 14, .1989 AS FILE NO. 89-196~80 OF OF,ICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEME~T RECORDED !l.1.PRIL 14, 1989 AS ~ILE NO. 89-196181 OF OFFICIAL RECO DS. I I \ I PAGE 3 . ·-. ·•·.-·-.---. ' 61955841414;# 5 ,· SENT BY:fATCO ;10-10-96 0 SUBOIV!SlON-1 0 ' . ORDER NO. ll3976~w15 SAID DEED OF TRUST rs· SUBORDINATE To THE EAsELENT RECORDED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RElORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED_ JUNE 29, 1989 AS FILE NO. 89-345766 OF OFFICIAL RECORDS. • S.t\..ID DEED OF TRUST IS SUBORDINA'l'E TO THE M..l\STER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JULY 5, 198.9 AS FIL:S NO. 89-354659 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 24, 198]19 AB. FILE NO. 89- 388407 OF OFFICIAL RECORDS. SAID DEED OF TR.UST IS SUBORDINATE TO THE EAS!::iMENT AND COVENANT REGARDING CATV SERVICE RECORDED JONE 1, 1999 AS FILE N.O. 90- 298175 OF OFFICIAL RECORDS, BY THE TERMS Olf A SUBORD~NATION AGREEMENT RECORDED JUNE 1, 1990 AS FILE NO. 90-298174 OF OFIFICIAL RECORDS, SAID DEED OF TRUST IS SUBORDINATE TO THE DEED REST~ICTION RECORDED JULY 3, 1991 AS FILE.NO. 91-0327678 OF OFFICIAL RECORDS, ~.S FI1E NO. 91-0327680 OF OFFICIAL RECORDS. \ SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTR~CTION I RECORDED SEPTEMBER 25, 1991 AS FILE NO. 91-04 3746 OF OFfICIAL R3CORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED SEPTEMBER 25, 1991 AS FILE NO. 91-0493747 OF O~ ... FICIAL RECf!WS. SP.ID DEED OF TRUST IS SUBORDINATE TO THE EED RESTRICTION RECORDED DECEMBER 5, 1991 AS FILE NO. 91-0626216 OF OFFICIAL RECORDS I BY THE TERMS OF A SUBORDINATION A(=iREEMENT RE¢0RDED DECEMBER 5 1 1991 AS FILE NO. 91-0b26217 OP OFFICIAL RECORIDS. I I ~.N INSTRDMENT DATED u1JNE 22, 1992, RECORDED JUN~ 29, 1992 A? FILE NO. 1992-0406651 OF OFFICIAL RECORDS, EXECU1TED AVIARA\ LP.ND ASSOCIATES LIMITED PARTNERSHIP, '/!>. DELAWARE LH'fITED !?ARTN~RSHIP AND FIRST INTERSTATE BANK OF CALIFOR.~lA, A CALIF9RNIA CORPO¥TION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF iRUST AS TF.EREIN -PROVIDED. I SAID DEED OF TRUST IS SUBORDINATE TO THE AMENDED AND RESTATED DEED RESTRICTION RECORDED NOVEMBER 17, ::.992 AS F!LE NO. \1992- 0734 638 OF OFFICIAL RECORDS, BY THE TERMS OF' A SUBORDINATION AGREEMENT RECORDED NOVEMBER 17, 1992 AS FILE NO. :i.992-07346' 1 39 OF OFFICIAL RECORDS. • I PAG:S 4 . . ' ' . . .. , I I SUBDIVISION""' 61955841414:# 6 , • SENT BY: FATCO ; 1 o-, 0-96 0 Q: 7. 8. 9. 10. ORD~R NO, 1l39762-l5 AN INSTRUMENT DATED AUGUST 31, 19.94, RECORDEDjSEPTEMBER 22, 1994 AS FILE NO. 19.94-0563996 OF OFFICIAL RECORDS, 'EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A ;DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE :SANK OF CALIFORN:CA, A CALI?ORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVInED. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY ~OR THE PAYMENT OP THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIG~"TMENT WAS EXECUTED EY: AVIARF. LAND ASSOCIATES LI¥ITED PARTN1·RSHIP, A DEL.A.WARE LIMITED PARTNERSHIP TO FIRST INTERSTATE BANK QF CALIFOR 1 IA, A CALIFORNIA CORPORJl.TION , J RECORDED DECEMBER 23 1 1988, RECORD~R'S FILE ~O, 88- 661637 \ i ' ' • A FINANCING STATEMENT FILED IN THE OFFICE OF TnE COUNTY R~CORDER SHOWING: \ DEBTOR: AVIA'R.A LJI.ND ASSOCIATES LIMITED PARTN RSHIP SECURED PARTY: FIRST INTERSTATE BANK OF dALIFORNIA RECORDED: DECEMBER 23, 1988 AS FILE\NO. 88-661 38 OF OFFICIAL RECORDS. i PROPERTY COVERED: AS SET FORTH THEREIN i I I .AN AMENDMENT TO SAID INSTROMEi1T RECORDED JUNEi29, 1992 Ai F!LE NO. 1992-0406652 OF OFFICIAL RECORDS, ' \ A CONTINUATION OF SAID FINANCING STATEMENT WHICH,RECORDEB JULY 15, 1993 AS FILE NO. 19.93-0453042 OF OFFICIAL tECORDS. 1! AN AMENDMENT TO SAID FINA..llJCING STATEMENT WHICH RECORDED SEP'!'E!'llBER 22, 2994 AS FILE NO. 1994-0563997 OF OFFICIAL tECORDS. l THE FACT THAT SAID Ll,ND LIES WITHIN THE PROPOSED BOUNDARJES OF COMMUNITY FACILITIES DISTRICT NO. l OF THE pARLSBAD ~IFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MAR.OH 14, 1989 AS F!LE NO. 89-242769 OF OFFICIAL RECORDS.I l .NOTICE OF SPEC!AL TAX LIEN RECORDED APRIL 9, 1!90, AS FI NO. 90-189679 OF OFFICIAL RECORDS, • : )l..N INSTRUMENT ENTITLED J1DEED RESTRICTION (OPE SPACE) II' bATED MARCH 22, 1989, UPON THE TERMS, COVENANTS, ANJP CONDITION~ ~-'l'ID RESTRICTIONS CONTAINED THEREIN EXECUTED BY .AN~ BETWEEN AJVIJi.RA LA.~D ASSOCIATES·LIMITED PARTNERSHIP, A DELAWARE 1CORPOR.A.TION~ AND THE CALIFOR..~IA COASTA.1, COMMISSION, RECORDED AP IL 14, 198r, AS FILE NO, 89-196176 OF OFFICIAL RECORDS. •• I I ! PJl.GE 5 ... -~·· ... -..... ·• .. · .. • I SUBDIVISIOt\4 61955841414;# 7 'SENT BY:fATCO ; 10-10-96 0 9:20 0 11. 1.2. 13. 14. 113.9762 .. 15 A. RE:LEASE OF DEED RESTRICTION (OPEN SPACE) RE ORDED JULY 3, 1991 AS FILE NO. 91-0327679 OF OFFICIAL RECORDS . . ?\N AGREEMENT REGARDING DEED RESTRIC'l'ION (L GOON NORTH SHORE TRAIL), DATED MARCH 13, 1989, UPON 'I'HE TER S, COVENA..~TS, AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN: AVIARA LAND A SOCIATES .LIMITED PARTNERSHIP, • A ·pELAWARE CORPORATION ANr THE .· CALIFORNIA COASTAL COMMISS~ON, ' RECORDED: APRIL 14, 1989 AS FILE NO. 89-116178 OF Ol:i'FICIAL RECORDS, J · · REFERENCE IS MADE TO SAID INSTRUMENT FOR FUR;,ER PARTicrllf'Rs. A DOCUMENT ENTITLED II IRREVOCABLE OFFE:R TO D~DICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS 11 (Lfi.GOON NORTH SHORE 100' BUFFER) DATED MJ-.RCH 13, 1989, EXECUTED BY AVI~ LAND ASSOCIATES LIMITED PARTNERSHIP, A.DELAWARE COR 10RATION, R~CORDED APRIL 14, 1989, RECORDER'S FILE NO, 89-19 180 OF O~FICIAL RECORDS. I I REFERENCE IS MADE TO SAID INSTRUMENT FOR FURT ER PARTICULtS. AN AGREEMENT REGARDING THE PAYMEtTT OF A PUBLI FACILITIE FEE, DATED MARCH 31, 1989, UPON THE TERMS, COVENANT, AND COND TIONS CONTAINED THEREIN. I ; EXECUTED BY AND BETWEEN: AVIARA LAND AsaocIA'I'ES, L~MITED PARTNERSHIP, A LI)MITED PARTNERSHIP AND THE CITY OF CARLSBAD. ! RECORDED: JUNE 5, 1989 AS FILE NO, 89-296176 OF bFFICIAL RBtORDS. . I . I RE.FERENCE IS M.~E • TO SAID INSTRUMENT FOR FURTHiR PARTICULrS. AN EASEMENT FOR ~UBLIC STREET PURPOSES, AN EASE¥ENT FOR D~INAGE PURPOSES, .AN EASEYiENT FOR SIDEWALK PURPOSES .~p AN EASEM~NT OF RELINQUISHMENT AND WAIVER OF ABUTTER'S RIGHJ OF ACCES~ A.ND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBJµ), RECORDE9 JUNE 29, 1989 AS FILE NO, 89-345765 OF OFFICIAL iECORDS, LqCATED WITHIN LOT 4 AS SHOWN ON MAP NO. 12967. 1 l • i REFERENCE IS MADE TO SAID !NST~UMENT FOR FURTH8R PARTICULA.~S. PAGE 6 . . ,· . -... .,.. ... \ I I I I ! i I I i I I ! I I l ' , SENT BY:fATCO ;10-10-96 ; 9:21 0 ORDER NO. 1139762-lS 15, THE LIMITATIONS, COVENANTS, CONDITtONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR REST~ICTION INDICATING A PREFERENCE, LIMITATION OR DISC:_~fMINATION B?.SED OIJ RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR ' I NATIONAL ORIGIN '1'0 THE EXTENT SUCH COVENAN!t'S, CONDJ::T~ONS OR RESTRICTIONS VIOLATE 42 USC 3604 {C) AS CONTA!NED •• ,1:N THE DECLARATION OF RESTRICTIONS RECORDED JULYS, 1.989 AS ?ILE N 1 0, 89- 354659 OF OFFICIAL RECORDS. \ • SAID INSTRUMENT ALSO PROVIDES . THAT ALL LIEN$ · :C~EATED ~y TRIS . DECLARATION OF RESTRICTIONS, INCLUDING, BUT N1T LIMITED 10, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, S¥ALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE, • . \ • SAID INSTRUMENT PROVIDES TH.AT A V!OLATION THE~EOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DfED OF TRUST MADE FOR VALUE. i FIRST AMENDED AND RESTATED MASTER DECLARATI N OF COVE~ANTS, CONDITIONS AJW RESTRICT!Ol\TS FOR AVIARA, RECORDE JULY 31, ~990 AS FILE NO, 90-418521 OF OFFICIAL RECORDS. \ S:SCOND Al\1ENDED AND RESTATED MASTER DECLARATI1 N OF COVENANTS, CbNDITlONS AND RESTRICTIONS FOR. AVIARA., RECORDElD FEBRUA.~Y ~, 1991 AS FILE NO. 91-0057543 AND RE-RECORDED MARCH lSJ 1991 1'.S FI'fiB NO. 91-0114756, BOTH OF OFFI~!AL RECORDS. \ J SAID COVENANTS, CONDITIONS AND RESTRICTIONS WER~ INCORPoRAtED BY A·DECLARAT!ON OF ANNEXATION RECORDED JUNE 7, 199\1 AS FILE N9, 91- 0273692 OF OFFICIAL RECORDS. j I THIRD AMENDED A.."'JD RESTATED lV!A.STER DECLARATiqN OF COVEl'fANTS, CONDITIONS AND RESTRICTIONS FOR AVIMA, RECOR~ED SEl?TEMB4R 16, 1991 AS ?ILE NO. 91-0475307 OF OFFICIAL RECORD\. \ FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DlCLAR.ANT 1 s ~IGHTS UNDER MA.STER • DECLARATION OF COVEN.~TS, CONDITION'S.; AND RESTRICTIONS FOR THE AVIARA COUNTRY CLUB AND R SORT, DATE~ Jm.J"E 2 2 , l 9 9 2 , UPON THE TERMS, COVENANTS, AND CONDITT IONS CON'IIAINED THEREIN EXECUTED BY AND BETWEEN AVIA..RA L~.ND AJ~OCIATES LI~!TED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERpTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, 1 CORDED JUNE 29, 1992 AS FILE NO, 1992-0406653 OF OFFICIAL RECORDS. ~ A RESTATED SUPPLEMENTARY MTNEXJ:l.TION FOR PHASE I I AND ADMIN!STRATIVE MODIFICATION OF DECLARATION WHICH REC RDED FEBRUARY 2~, 1994 AS FILE NO, 1994-0124630 OF OFFICIAL REC·RDS. ' I !?AGE 7 . · .. ;··••,•--"; ·-.. -· 61955841414:# 9 ,: SENT BY: FATCO 15, 17, 18. 19. ORDER NO. 1139762-15 I COVENANTS, CONDITIONS AND RESTRICTIONS, ~U'l' DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATtNG A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, conoR, RELIGIO~, SEX, HAl\TD!CAP, FAMILIAL STATUS, OR NATIONAL: ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 tJSC 3604\(C), IN AN INSTRUMENT RECORDED NOVEMBER 1, 1989 AS FIL NO. 89-593671 OF OFFICIAL RECORDS. -I i I A..~ EASEMENT FOR UNDERGROUND FACILITIES AND APP TENANCES fOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICifY, COMMUN~CATION FACILITIES, AND APPURTENANCES AND INCIDENTAL P~RPOSES IN F?VOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORP~RATION, RE;CORDED FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OF,lCIAL RECO~DS., THE ROUTE OF SA!D EASEMENT IS SET OUT IN ~AID DOCUMEkT AND AFFECTS 1'. PORTION OF THE HEREIN DESCRIBED PRO,ERTY. \ REFERENCE IS MADE TO SAID INSTR'CJI'1ENT FOR FURT\ER PARTICUL!ARS, AN AGREEMENT REGARDING UNITY OF CONTROL, DATED IEBRUARY 20,1~1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CON~~INED THERE N. EXECUTED BY AND BETWEEN: AVIARJ:i. LAND ASlOCIATES L MITED PARTNERSHIP, A DELAWARE L~MlTED PARTNERSHIP; AVIDSON tOSCAN I PARTNERS, A CA~IFORNIA G~NERAL PARTNERSHIP; LYjON COMiv!UNfTIES, INC. , A CALIFORrIA CORPO~T1ON; RDC DEVCO II LIM+TED PARTNE~SBIP, A DELJ..WA.'R.E LIMITED PARTNERSHIP i P.- M HOMES, A CAJLIFORNIA L~MITED PARTNE~SHIP ND BRA~ALEA CALIFORNIA INC. A CALIEORNIA CORPORATION. \ RECORDED: APRIL 16, 1990 AS. -FILE NO. 90-204778 OF OFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULJ S. AN EASEMENT AND COVENANT REGARDING CATV SERVICE,\ DATED APRI~ 17, 1990, UPON THE TERMS, COVENANTS AND CONDITIONS cqNTAINED THE~EIN, EXECUTED BY M"'D BETWEEN AVIARA LAND ASStpCIATES Lii"JITED PARTNERSHIP, A DELAWARE LIMITED l?ARTNERSH~P AND DAf\JIELS CJ..BLEVISION, INC., A DEL.~WARE CORPORJ>.TION, RECORDED JUNE 1,j 1990 AS FILE NO. 90-298175 OF OFFICIP.L RECORDS. \ I AN ASSUMPTION -Min-EASEMENT AGREEMENT DATED APRI~ 17, 1990, UPON THE TERMS, COVENANTS, P.ND CONDITIONS CONTAINED fHEREIN, \ EXECUTED BY AND BETWEEN: DJl.NI:SLS CABLEVISION, INC. y A DEL~WARE CORPOR.~TION AND A-M P.<1.GE 8 _ ....... ,. ·····-·-··-1' • • : • 61955841414;;;10 • SENT BY: FATCO i 1 o-, 0-96 0 9:22 SUBDIVlSILlN-1 0 20, 21. 22. ORD?~ NO. 1139762-15 HOMES, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: JUNE 1, 1990 AS FILE NO. 9~-298179 01 OFFICIAL RECORDS, REFERENCE rs MADE TO SAID INSTRUMENT FOR FURT ER PARTICULARS. • I . • ',I -A • PORTION OF SAID LAND WAS RELEASED FROM S ID INSTRUMENT BY --CORPORATION QUITCLAIM DEED, DATED MARCH 26, 1991,'.:ExEctjTEDBY DANIELS CABLEVISION, INC. , A DELAWARE CORPORATION,· RECORDE:p AP'.R.IL 15, 1991 AS FlLE NO. 91-0168675 OF OFFICIAL R,C◊RDS, i FIRST AMENDMENT TO EASEMENT AND COVENANT REGARiING CATV sJRVICE:, RECORbED APRIL 15, '1991 AS FILE NO. 91-01J8678 OF OPiFICIAL RECORDS. i THE FACT THAT SAID LAND LIES WITHIN THE ASSES MENT DISTR~iCT NO. 88-1 (ALGA ROAD) , AS DISCLOSED BY INSTRUMENT REfORDED OCTO ER 31, 1990 AS FILE NO. 90-590739 OF OFFICIAL RECORD1. . \ REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTJ~R PARTrcOlf-Rs. THE FACT THAT sAID LAND LIES WITHIN THE PRoPokEn BOUNDAR.~Es oF COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLO~ED BY INSTRUMENT RECORDED DECEMBER 19, 1990 AS FILE NO. 90-06 4118 OF OFfICIAL RECORDS. I NOTICE OF SPECI~.L TAX LIEN RECORDED MAY 20, 1991 AS F!LE N?, 91- 0236959. OF OFFICIAL RECORDS, i . I l>.N INSTRUMENT ENTITLED 11 DEED RESTRICTION", DATEJ1) MAY 8, 199? UPON THE ~ERMS, COVENl>.NTS, CONDITIONS AND RESTRI~TlONS CO~11'AINED THEREIN, EXECUTED BY -~D BETWEEN AVIARA LAND A9SOCIATES L~MITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP Al-'{D THE CAL!~ORNIA ·coASTAL COMMISSION, RECORDED JULY 3, 1.99_1 AS Fir'TE NO. 91-0~27678 OF OFFICIAL RECORDS, I i i AN AMENDED AND RESTATED DEED RESTRICTION WAS ~CORDED NOUEMBER l7, 1992 AS FILE NO. 1992-0734638 OF OFFICIAL CORDS. I 23. A .HOLD HARMLESS AGREEMENT'DATED JUNE 18, 1991, $RMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. , EXECUTED BY AND BETWEEN: . AVIARA L.Z1.ND AS OCIATES LI~ITED PARTNERSHIP. A.'1-ID THE CITl OF CARLSBAD. • • I RF.COROE:D; JULY 10, 1991 AS FILE NO. 91-0337 23 OF OFF~C!AL RECORDS. I REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHE PA.~T!C~S. PAGE 9 . . ' ' • I 61955641414;#11 • SENT BY:fATCO ;10-10-96 0 SUBD!VISIOl\4 o: 24. 25. 26. 27. 28. 29. 30. ORDER NO, 1139752-15 AN INSTRUMENT ENTITLED 11 DEED RESTRICTION11 , .bATED SEPTEMBER 4, 1991, UPON THE TERMS, COVENANTS, CONDITIONS: AND RESTRICTIONS CONTAINED THEREIN, EXECUTED BY A.ND BETWEEN AVIARA ~.STER ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION, AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, ~ DELAWARE LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COM1-'IISSION, . RJ;;CORDED SEPTEMBER 25, 1991 AS FILE NO. 91-0493746 OF IFFICIAL.RE1ORD,S, Ai."J INSTRUMENT ENTITLED "DEED RESTRICTION11 , D.j;.TED NO. VE~[ER 15, 1991, UPON THE TERMS, COVENANTS, CONDITIONS j AND. 'B.EST:RiTIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVI~ LAND'..ASS CIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARj'I':C-{E.RSHIP THE CALIFORNIA COASTAL COMMISSION, RECORDED DECEMB~RS, 1991 Jl;.S FILE NO. 91-0626216 OF OFFICIAL RECORDS. . .' I • I THE FOLLOWING RECITAL AS SHOWN ON MAP NO. 129 7: THE OWNER OF THIS PROPERTY ON BEHALF OF !TSE F AND ALL ~FITS SUCCESSORS IN INTEREST HAS AG~EED TO HOLD HARM ESB AND INDrMNIFY THE CITY OF CARLSBAD FROM ANY ACTION THAT MAY ISE THROUGH ANY GBOLOGICAL FAILURE, GROUND WATER SEEPAGE OR LAtJD SUBSIDENCE AND SUBSEQUENT DAMAGE THAT MAY OCCUR ON OR ~JACENT To,\ ___ TIUS SUBDIVISION DUE TO ITS CONSTRUCTION, OPERATIO:LOR MAINTEN)lliCE. THE SUBDIVISION ~l~PS REFERRED TO IN THE LEGAL D~SCRIPTION ~ERE!N CONTAIN VA.'R.IOUS RESTRICTIONS IN IMPROVING Olf DEVELOPIN1G THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TJ SAT.D PARCEf,J MA.PS FOR FURTHER PARTICULARS, . i • I I THE FACT THAT THE OWNERSHIP OF SAID LAN!l DOES NOT INCL~E ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM KESTREL DRIVE EXCEPTITHOSE I I POTIONS NOTED -~S 11ACCESS OPENINGS II ADJACENT THErETO, SAID !}IGHTS HAVING BEEN RELINQUISHED ON MA~ NO. 12967, 1 . . i THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLU~E ~.NY RIGHTS OF INGRESS OR EGRESS TO OR FR.OM ALGJl. ROAD ADgAcENT ·rHERE'i'o, SAID RIGHTS F.AVING BEEN RELI!<lQUISHED 9N MAP NO. t2967. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOS~S .i\S DELI~EATED A..l'W DES I GN]:). TED ON MAP NO . 12 9 6 7, SUBJECT TO ANY TERMS .?l_l~D CONDITIONS CONTAINED THEREIN. I \ AFFECTS: THAT PORTION OF THE HEREIN DESCRIBED PROPERTY AS ,HOWN PAGE 10 . . . SUBDIVISION-+ 61955841414;#12 ·SENT BY:fATCO ;10-10-96 0 0 31. 32. 33. 34. 35, 36. o~nt~ No. 1133762-15 AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT Dl\TED JULY 29, 1.993 1 UPON THE TERMS, COVENANTS, AND CONDITIONS CON AINED THER~IN. EXECUTED BY AND BETWEEN: AVIARA LAND A SOCIATES LIMITED PARTNERSHIP, A DELli~WARE ~IMITED PARTNERSHIP THE CijTY OF CARLSBAD, A MUIU !PAL CO,R)201f.A.TlON. RECORDED: :~gg:~s~S, 1993 AS FILE NO. 1993-0 54264.);Pt:,oi_FIC!AL· • I • I REFERENCE IS MADE TO ER,PJL~Trcu:4AAs. ON SAID MAP, I AN AGREEMENT TO PAY DRAINAGE FEES Jl.S REQUI ED BY THE !GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACI ITIES.MAN 1GEMENT PLAN FOR ZONE 19 CT 90-38, UNITS l, f 1L'IW 3, RE ORDED JANU Y 25, 1994 AS FILE NO. 1994-0056014 OF OFFICIAL REC RDS. JANUARY 25, 1994 AS FILE NO. 1994-0056015 OF O PICIAL REC RDS. A HOLD HARMLESS AGREEMENT REGA.~DING DRAINAGE, RECORDED J ARY 25, 1994 AS FILE NO. 1994-0056016 OF OFFICIAL fECO~DS, i A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL\ IMPACTS, \WHICH RECORDED FEBRUARY 16, 1994 AS FILE NO. 1994-0116040 OF OF:fIC!AL RECORDS. \ . -i REFERENCE IS MADE TO S~ID INSTRUMENT FOR FURT,R PARTrcuur-s. lill EASEMENT FOR MAINTENANCE AND REPAIR. A.."!® INClDEN'!'AL PURl?O~ES IN FAVOR OF AVIARA MASTER ASSOCIATION, A C)).LIFbRNIA NON-P.ROFIT CORPORATION, RECORDED NOVEMBER 1·, l994 AS FILE NO. 1994-0~37358 OF OFF!CIAL RECORDS. I I THE ROOTE OF 81'.ID EASEMENT rs SET OUT lN S~ID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. l . I REFERENCE rs MADE TO SAID INSTRUMENT FOR FURTHiR PARTIC~S. 3 7 . AN EASEMENT FOR MAINTENANCE Al\1D REPAIR AND INCID1¥NTAL PUR!?O~ES IN FAVOR OF AVIARA MASTER ASSOCIATION, A CALIFlRNIA NON-P~OFIT CORPORATION, RECORDED NOVEMBER 29, 19~4 AS FILE O. 1994-06pS304 OF OFFICIAL RECORDS. . I THE ROUTE OF SAID EASEMENT IS SET OUT IN SA D DOCOMEw.ri AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPE 1 TY. I REFERENCE rs MADE TO SAID INSTRUMENT FOR FURTHE P.ARTIC~S- 1 i PAGE 11 .. ' . . .· .. ' ' .. . SENT sy:fATCO :,o-,o-s6 0 SUBDIVISIO~ 0 61955841414:#13 ORDER NO. 1139762-15 38. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSH!P AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FA!ttlRE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. , 1996-1997 TAX INFORMATION: CODE AREA: • PA..'ltCEL NO. : • 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 090:27 215-643-10-00 $18,968.77 OPEN $18,968.77 OPEN $720,000.00 $·-o- $-o- PAGE: 12 . " ," "\, ,,, . . .· ·" . ',. • . .. • • . • . -. ·• .. i SUBDIVISIO~ 61955841414;#14 . i Si:NT BY:fATCO () Oro)E:R. N0,·1139762-15 LEG~.L DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED I~ THE STA~E OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 4, OF CITY OF CARLSBAD.TRACT NO. 8~-371 AVI1\.RA PHASE II, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12967, FILED IN THE OFFICE OF THE COUNTY RECOP.DER OF SAN DIEGO COUNTY, SEPTEMBER 16:1 1992, DES~RIBED AS FOLLOWS: \ COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY BOUND~.RY OF SAID LO'r 41 SOUTH 4?0 10' 50'' WEST 350.89 FEET; THENCE SOUTH 40°43'12 11 WEST 575.49 FEET;; THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY OF SAID LOT 4, NORTH 20°16'0.2 1' WEST 61.38 FEET; THENCE NORTH 08°04 1 19." WEST 151.04 FEET; THENC~ NORTH 35°25'44 11 WEST 115.16 FEET; THENCE NORTH 63°59'00 11 WEST 163.49; FEET TO A ijINT ON 'I'HE WESTERLY BOT.Jh'IDARY OF SAID. LOT 4; ALSO.THE BEG;l:NNING OF A NON- TAi.'\TGENT.330,00 FOOT RADIUS CURVE CONCAVE WESTERLY, Jir RADIAL LI.., TO SAID POINT BEARS SOUTH 78 ° 07' ll II EAST; THENCE NOR~ERLY ALONG I SAID CURVE THROUGH A CENTR.11.L ANGLE OF 04°14_'14 11 A DISTANCE: OF 24.41 lfEETi TH.ENCE TANGENT TO SAID CURVE. NORTH 07°38'35 11 EAST 10~54 FEET TO THE BEGINNING OF A TANGENT 270. 00 FOOT RADIUS CURVE ca CAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL AN: LB OF 29°Sd1 1 50" A DISTP..NCE, OP 140. 65 FEET; THENCE NONT.ANGENT TO SAlD CUR.VE ~RTH 73°35'46" EAST 8.0!7 FEETi THENCE NORTH 34.0 37 1 1611 EJ}ST 36.94 F;EET; TI:lENCE NORTH 42°541 3?11 EAST 199.17 FEET TO THE BEGJ:NN~NG OF A TANfENT. 25.0D FOOT RADIUS CURVE CONCAVE SOUTHERLYi THENCE EAS~~ERLY ALONG oAID CURVE Th'ROUGH A CENTRAL ANGLE OF 77°21'43" A DISTA..~CE OF 33.76 F?ET; THENCE NONTANGENT TO SAlD CURVE -soUTH 24°03'19 11 EAT 10.00 J:IEET; THENCE SOUTH 69°28'23" EAST 42.74 FEET TO TH~ BEGINNING OF A NONTANGENT 901.00 FOOT RADIUS CURV~ CONCAVE NORTHERLY) A RADIAL ~INE TO SAID POINT BEARS SOUTH' 27°0~1 30 11 WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°59'30 11 A DISTANCE <DF 377.28 FEET; THENCE TANGENT TO ·sA!D CUR.VE SOUTH 86°55'00" EAST 217.114 FEET TOl'l'HE POlNT OF BEGINNING, I .. ----------.-.--·--------------·-·· PAGE 13 • I • ,: • !• ; ,' -~ --~ '. '•, ·-..... -···-·· . ..• 1 .. _, - \ ' i I I i i I I I I I l , I . :'.'/1tSfA;.rt~i~':,':4•J1~!\9~lli:;2:;,'J\W<;eP:i'.;1:r:{!~f~:,'•i:tft•,~j!1i~f,!}l{1~1~.!.1}~~:1~~~r.:~~:tt~'(%:::'.1;~rr,rt'.7.r;1~:~Jf.:~~·:}~~f~f~~'.<1ft~tP7i;;w~f.i'3~(~fi;1~%o/fr!;,W~1~/,:{~~ljc;fr,;1t1li'~•r~ih1r:1?l1fi1';:r,;t;1fr%:~ ! I U4< _I,.., .;;,,, -. • . . . ·. ·-CITY OF CARLSBAD • . .• . . • ~-~--5-,· · 1200 CARLSBAD VILLAGE.DRIVE. • CARLSBAD, CALIFORNIA 92008 .• I I I · . . . ' I/. It I • 1 ! I I• Ii i I ACCOUNT NO. I I \ ' \~ l=t I'' • Y1.·l-t RECEIPT ·NO. ~r.1lt 8· .9 t.-,< •.1 ..... @) Printed on recycled paper. 43.4-2867. • . DESCRIPTION. AMOUNT ----\'\ ,· •-/ ,-,.•~ I"'\ .,. I'/ ,,.L.~-,A ) t... ~-,. . ( , ... Q 1., .... ..1 . ~ -·;1 ( • i ·•.,, .Jt <~~,, 1) c~, -:.~,.) -. .. .._ CA /~1 ) 3<.) C/() . .i I ~~M ... ~ ··--~--<J&...,f/' .,.,, 4,Jf 71' WV.I. Ql 02 C-Pf?MT 3;)0 40 ,_\\~.23LSZ ..000.1.--0J 05-I I M~-,. 7h t.r. , ... ~ -.. ....-..J..::~~ -. - I I I .it> I -~,...., I NOT VALID UNLESS VALIDATED BY TOTAL I j(\ _.,<...J :C . CASH REGISTER 1 I 1 l ... "'"" ·,• ·t,n-;,..,j'k 1" • ,4'"' ::I: t: ·1::1",.:;_ ,•s:¥i:-:1:-''n1 ,:;;• ··" ,..,. :-, •i '•i:..1Yif-i''z'/e'~,,;.:;,...,;,.,-.:,.'•,,,.::ue:~•V,,1 ·,\,,?f··;1;i:.•~,.·•~'i'l'·)•:',:~~,>/~ "-;',:,,& n .. ;· !:'/',,,';" ,_,:e1,..,.;4,. .,,s4 \~1,h•·".1•-~_,,,,-• ,,',~·-;/' ,;., ,·{fr'=L~>-'.t ~--,.· ..._ ,., ,:/,#·, , -.. ,11• ·.,, ·,1• .,, •• ,,. •· Account No. 0013210-4911 CITY OF c:ARLSBAD REQUEST FOR REFUND Vendor No. Amount of Refund __ $_4_3_8_0_. ___ Fee Paid For: -=•==i~..::9..::6_-..:,;12::.._ _____________ -;;;--___ _ Date Fee Pa,a: __ t_l _-S_-_9_6 ____ Fee Paid By: TAYLOR WOODROW HOMES Facts Supporting Request: __ C_H_A_N_G_E_D_T_O_.....;:..A_f.._~---EN..:.:.D_t.._1E_N_T ___ .:...{ S=-D~P_9=-3=-----=0--=9-=-A.:..::.)--=--______ --'----- TAYLOR WOODROW. Name of Applicant:----------------------------------- Address: 24461 RIDGE ROUTE DR #100 LAGUHIIIAHILLS CA 92653 (714) 581-2626 Street City State Zip Telep~one Dept. Justification: 1 ' ' . ' 7 • .l ( . .,,,/q-1 I , Rec: ' _,,J.. ~ ............ I :I ,, :V,,,,,::: ~ --[2] pprove ,., □ Disapprove Date f .,, ' , Finance lnvestigatioi"l: I l Rec: : 'D· □ l\pprove . □ 1sapprove Dept. Head Signature Date . ' 1 u{_ • r_ "' (,, City Manager's Action: □ Approve □ Disapprove City Manager Signature Date ~ 1....ll k Ur 1....AK.L.::)!>A!J tT'· ~ C: LAND usE REVIEW APPLICATION A-11-·~-• ____ F_o_R_P_A_G_E_1_o_F_2 ____ --1 J 1). A1PL-IC_A_T_I_O_N_S _A_P_PL_IE_D_F_O_R_:_(_C_R';'1 ,.._) BOXES) u ~ t~a~ □ □ □ □ D □ □ □ □ □ □ □ Master Plan Specific Plan Precise Development Plan Tentative Tract Map Planned Development Permit Non-Residential Planned Development Conciominium Permit .. Special Use Permit Redevelopment Permit +e11ta;i~·e Pa~;;el Ma? Obtain from Eng. Dept Administrative Variance Administrative Permit -2nd Dwelling Unit (FOR DEPT USE ONLY) 2) ASSESSOR PARCEL NO(S). 215-643-10 D General Plan Amendment D Local Coastal Plan Amendment ~ Development Plan D Zone Change □ Conditional Use Permit D Hillside Development Permit □ Environmental Impact Assessment □ Variance □ Planned Industrial Permit □ Coastal Development Permit □ Planning Commission Determination □ List any other applications not specified \ (FOR DEPT USE ONLY) 3) PROJEC'i' NAME: AVIARA PLANNING AREA 26 NORTH -UNIT NO. 1 4) BRIEF DESCRIPTION OF PROJECT: SITE DEVELOPMENT-PLAN FOR 18 SINGLE FAMILY UNITS ON 18 EXISTING SINGl FAMILY LOTS IN CONFORMANCE WITH THE APPROVED AVIARA MASTER PLAN & EIR 5) OWNER AV'J.ARA. •t:AND ·-ASSOCIATES LIM. PTNRSHIP. 6) APPLICANT TAYLOR WOODROW NAME (PRINT OR TYPE) NAME (PRINT OR TYPE LARRY CLEMENS ALFREDO AYUYAO MAILING ADDRESS MAILING ADDRESS 2011 PAI:.OMAR,AIRPORT RD., fl 206 . ' .. .-, . 24461 RIDGE ROUTE DR, STE 100. CITY AND ST ATE ZIP TELEPHONE Cffi'~DflATE ~ lELEPHONE CARLSBAD, CA. 92009 ·-. .,_ ·, (619) 931-1190 .LA,.,U H LS, CA 9 3 (7l4} ... 58b262 ~----•·-.. ·--~--~---·· I CERTIFY THAT I AM THE LEG/.!. ()',;-.:x·~~ ,\'t-ii) THAT ALL THE I CERTIFY THAT I AM THE LEGAL' REPRESENTATIVE OF THE OWNER ABOVE INFORMATION IS TRTj!:, A?-;u ,:o;:_)<l:.CT TO THE BEST OF AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT MYKNOWL;r. .. ~O-~M17~GE. OCT16 &!II& ~ E •·· ,.· . ' ... \y:7,, I s;rs;-G;;;TIJRE •. · •.• DATE ./\ \ \ '-..-/ ,.· .. 7) BRIEF LEGAL DESCRIPTION: PORTION OF LOT 4, CT 89-37, AVIARA PHASE II, ACCORDING TO MAP 12967, FILED IN THE COUNTY RECORDER'S OFFICE 9/16/92. NOTE: CITY OF CARLSBAD 1200 CARLSBAD _ jLLAGE DRIVE CARLSBAD, C,_i..lFORNIA 92008 434-2867 REc·o FRoM -r~ u~ k ut,z I I t ACCOUNT NO. DESCRIPTION DATE I/ -~- AMOUNT I I ~/\ /) ~3-ot'f (}}) -tt k ' !"' , )/l I ' I ~' J ,lj "\ -~ I I /' I ' I f , I 1, I { I l ( I I) Ii ' I _J { ( --. ' ' --: ") (') I 08~1 11 /1\Q 191, 0001 01 n, I I : ,.~ I I '1 r (/ (. r, C-PRMT 630 .oo I I I I I I I I I I RECEIPT NO. 35162 NOT VALID UNLESS VALIDATED BY TOTAL ft, I ,_ ( : ((1 I @ Printed on recycled paper. CASH REGISTER 1!1111::1. VICIHrTT MAP ..,ic.itJ ••=-~~r-<,qr,:i\'"'fJIU.....,•ct"'looo n =u~-::"'I ""'-... •-W'I 9'll""'C -"( •,o,9 1 " ...... "'-'"'--.. ----oo-.... ,, l'9 o0 t-.i I ••• ,..,_ "'C .,..__ '-"ti\ PH'",c.,., • •• s?::ri:~1iJ:g1~!;~~, TYPICAL FINISf!ED LOT OrtAO:HG f9T'NO\RDOR'r¥'l0'-1!11 SITE DEVELOPMENT PLAN AVIARA PLANNING AREA 26 NORTH -UNIT NO. 1 CITY OF CARLSBAD, CALIFORNIA LEGEND /JUIRUSlt mA'T, C411""-l'lACl" STREET SECTIONS ~OITJltf(TlllOlfT ~,~~ ~TN'.Jl~Cll'IA8C BUILDING MIX/COVERAGE SUMMARY GENERAL NOTES fOULlrtlMflA flACM.8 NtoPOtrOUll: lltf(ILl.r,t,llllYMMJl'MTW.. USIJNQIOfMI>:: ,C ~DP--, t'C 4. ll!ln«JOOl[,W.P\MOEIIOMhUt IIC,OQ.,__.,,_IC:c """"°"lDOUCIW.ruJlf.ll~nott fllC,O&. ...... lll!M.HC I. T'OlA&.I oP lDTI. JI MKlt.JffW.• \I Df"lN•Aa.• l PllO'OKDti(Ne,TT: UDI.I..-C ('IIW"~G~ MMUOl'IIP'NICCI.MA«Jl: 11~19 H~ffOOfV.o-flQI.MHTTT-C.• Q/1° I.CICII CY. •U• l.0ni:1 C.Y II. alf#ICJ,Uk0PflltWJ.• tt....._ M. ~ IOI.I Nl'Of'T l'MPMED IT: lhW'C CCIIN<M.n«J Cll"ICU", ,c. l:ltOl'IV.Dlll\>c:l.a.nltOI t.-.NDC.OO.tA. a,11 lllf'IULlfCII 11 ,U~UT'Ut"'-IT011f~. ti ~; f'WOTOOlOO("nC e<.lN""OM-TIIO't a,,ura 11,11.-t lffJ P't"'9ll MTM,C.t.•11 ti AW"-"Ot.Cllt.l,.T l'M'IC; flEI M TOJH, It~ CX,l[JV,t)( • I. IN;. (11 ''I II ....._..\OTatt.1.JGD .,, ......... tftl,l,CU, M"I\ ft~ AW,I\A w.af?." l'\Nc •"01'ff• It' IC«.: In rY LOT 'HID?li ltt,l,II; l1M,W.Ql..r.tntO[Yl#IJ IP n•MMt.N0~111"1~0ll"t:OI..NC'lfrll9CHMOVl'l'tACClAI h~fHl.,...OAC"lNtlA 11 ~TVl ~ 4NQ tTDftW ""°"" l.NI M.1. "'l1 TIii Hro ~,n ~Ol.MI ~lllW.~ ,. I.Ab;Uol(lftl,I\NCl.,,,c,,w,:u. C°"''"' DUO MfTIIIICffO M(A ~-A PQIITION C.-CPIN IHQ. lDT II. 1\1 NftC'[Nt~ -"""'1IOJl:MA.m,y,o~ LEGAL DESCRIPTION IK"1'°"hOftO,lOTMO.,o, CAlll~J'AACT,-;J. N-JF .... ~rt4il.&1;1l, )(IHI CITY 01 Col,Jl:U;AAD. crvrcrr 0--~ OIIOO. 11>,JI c.-·~°""" ~ JO n« i&Y fltlMCf NO. u11r r1..u,"' n-4: o,ra o, 1')(f. cc,,,,rry ~or"""' MOO~ lf"1'fl,llll(1'. ti. UN. DEVELOPER TA'I\.Of\WOOCfl:OW , .... tM)Of.llt()U'fl.Dll.llOZI VmM.\tP.1.1.c.-..nesi (114JNl,J919 F'REPARED BY: OWNER A\o'l,,V\,\I.HtO>-ISOCIATUL-.a-nD,-Mn,,(11\91.- JOll ,.H.D,AM~T.-t>,noe C.W.N\AO,CA '200I flllfJIJl,lfC,O PREPAAED: OCTOOER 10, f01II! "AS BUILT" f-A.IN!Ntl:11 A.HD Maoct.t. n I 1AH t'll.00. NC. oq __ .... ___ .... .0-.J, ._ ,.._,,_"' IQHI HUE.NNf:J(lJCI If .. ITt.. I JOO INtl'lll.00.C>.. 121H (llltJS,.__.,00 PUBLIC UTILITIES 6A't'IOA.KA.lll'liLUI JlC.L NNJ ttAft ..,M:Dltl1'Ufl0'tta'tftl.lDN-.,.W lt"Wtlll. ·····-·-·--·-··--·-··-·c,nttC'Jll~ yro.,tl\ .. ____ ........................ ______ tfnO,C.l,"'1~ lf()lll'l,I Dl'l>,a,t .................................. ____ an OI e,...,_W,D '""---····-·· . -······· ... ··········-·--·-·c,fYo, CAM.UAO rtlUct.. • ••• ·--··-· ·-·-··-·--· c,r, o, ~MAO ICHonl -··-····.. .... .. . . ... _ .. ________ . CA,111,.~ ~~ IC:HDOl Mf. a,.,.s I f.UCTlllC --·---................... _, _____ IOO,&l t--,r--t-------1--+-+--+--d, LTif~IT.!JlJ:CJ~.~;ml□:l SrTI! Dl!VELOPMEHTPUJi . • AVIARA l'l.lJlHfHQ Alll!A 29 NORllt rtu"tCJNt .... --•••••• ·····--··--· .. ·--·--· ,Al:JTJC JIit\..&. CAIII.I....... • ................. ••·--·--·--~--~ w.o. I OQ-171 ------------------------------------------- ' !' ~CUl"tflC'SCALI "AS BUILT" -----...- ! f::J I N.T.S LOCATION MAP AVIARA PLANNING AREA 26 NORTH UNIT NO. 1 KESTRAL DR. PROJECT SITE BLACK RAIL CT. ALGA RD. ..... < .... 0,: nsaker ssociates San Dkgo, Inc. Pu.NNINC•ENGIHFDJNG•SURYf:YING -------------- - - ---------------------------------------------------------• R.OORPlAN :H:AA GARAGE fit.AN 1 2111111 SF': ---IXI-C-DP. -----.CA- , ... T\011 WOCJ0lllaW' ~ - - ....... """" .... .,; O:::::.~ b;....;l,..;..J LJLJ LEFT a.EV A TION SCAL.e:;11,·:t'-o" I i..__ ===-== REAR ELEVATION -----81GKT..ELEVATION FROfllT a.EV A TION :--- 1=;: ___ , J CII CII Elevation Halal l==::= , ____ _ ·---·--. ----,__..,. .. __,. ~ KJTOel R.OOR Pl.AN ALTERNATE GARAGE 2-CAR 5ITlMI '----------.;..--•---- ! 46"-o"l.._ _________ _,.. :xnaa,:. .. _________ _ ult------,.,- .. ______ _ =------- ult------- - """' ... i _iJ, LEFT B..EV A TION -~~ -:-g-,-. -1.iun I ---===' L......! .-.:y -.. ;,.. REAR B..EVATION ,-- C BIGHT B-EY A TION_ .., ... ,,i. ii FRONT ELEVATION .:.....' !--, ' J N N ----------- Ele¥atlon Nalls , ___ _ 2c-... __ ·-----·--·----·-- --- TA\'\.QIIWUCIJIIIOW'~ - .. It::::::::::::= rr•--··-. -.-.-rt.'° ·-•• • -: •. ,;-.. SECOND FLOOR L Pl.AN 2 1583Sf'. Pl.AN 2 152119.F mzTOTM..~ .• 1· . . . ll t l l J J Ef H 8] ~ I· I•· . ~ ii [ □ ~ cm EI D t I . :D i: ! BB ]) ; )> Em a z RT I I DJ ] nn j __ _ J_ U CJ _ □: [] J I CJ [] 8 ] 1 26 ' - 6 ' II II ! II [] J I ! __ _ ] ll f l L I : I ll. 1 1 !I : 11 1 '1 1 1 1 I II :I II i 11 1 1 1 . 1 1 1 11 1 1 1 1 1 1 11 1 1 1 1 1 1 11 1 1 1 1 1 1 II I I I I L I 1 II~ Ii ii ll l i l l l t, ~ , ';: ° · ' ~ : •_ f _' .. , • ~ • JI O U t ll r II I O E V t- ' , : i : - . . :. ' · . . :: - . : • . .- .. . . ' . ' ' .. . . . . . ' .. ' ' ' . '' .. . . . . . ' . ' . ' . ' ' .. ' ,· . ' ' ' '. ' • • • I ' . ·· 1 . ·. · I 'i i i ·1 ·I lr ~ ~ = - - = - - - 1 i,. ~-- ~---·-·. . ·-·'' 0 a! rn LJ' I , = tjt] ffi REAR ELEVATION 1r .. "' [§] m □ □ LEFT ELEVATION [ffi !b:::::i = RIGHT B.EVA TION mm mm ~' DD I I FRONT ELEVATION oc;:: DC □ DO□ t:::::J c::j ' rn I 11 ' ' CJD□□□□□ c□□□□c□□ ei-llonNotea , ____ _ 2~•--, ____ _ ·---,---... .... ----13111....._.c-m. ,_,,. -----CAll:Na:9 fAY\.Qlll 1'00CRM' t-oG3 : _____ _ "------ I d I ! i 11 l 'I ~ , cc Id I J I 11 , o o, I I I I I I I It Io I I Io o I Io I I I IO a I Io o o o o If I I I I I, , 1, , •I • I> • • • IO I I It O O I I I IO O' It IO I Io I' It ' 1 o 1 1 < • • • , ,A ~ O l ' I I Jl l ~ I I O _ l l • , • t~ :, .. ·, . •·. ' .. . ,• • · · a= - - - □- - - - □-- f : : ' s ' • 11 § / I I L M- -· - 1- - , t f - - - - i' I' I I 11 11 JI JI tj Ii Ii !! - - - - .. . . >- . i i ... . . ·: _\ ' , · . · . ·= : ·· 1 • 1 'I ~ -- - ~ - - - · - - -- - - ~ u ·. / I I I • I I I I -·~·z.J·:·· • ::;· ~ -· ----.... ···-··--.. S:S LU 00[:nITJffi REAR EL.EV A TlON ._r: ·:-. LEFT ELEVATION SCAU:.11•·:1·..q" RIGHT 8.EVATION ./,1 ~ / .. ~- .. "'f· ;,ai>; l' 1.'" i -·-· .. ···----· .... -··--.-·--·--· ---. --· ----·· ___ • -• .... ••. E3 • E3 ~ E9 i=::::::::z .c::::::I c::::::::I c:::::l Elevation Notn I----- Jc-•--, ____ _ ·-- " ............ --. FRONT B..EVATlON BE1t5H ==== Bt3t1 ... ··--:-. \ ---,:s,-C-O,. .... .,. TAY\.OI WOCO-:,W MCaiE1 - MAY-01-1997 09:27 HUNSAKER & ASSOCIATES 6195581414 P.01/15 DATE: t5 l C) San Diego, Inc. PLANNING ·ENGINEERING •SURVEYING 10179 Huennekens Street San Diego, Ca 92121 (619) 558 • 4500 • Fax (619) 558. 1414 San Diego ·Iroine ·Riverside •Las ~gas FAX TRANSMITTAL WORK ORDER: Q'-ll--t7 I DESCRIPTION OF DOCUMENT: ( COMMENTS: II FAX: 'i3 B-O~lj ~O. OF PAGES: \ 5 THIS MATERIAL IS SENT FOR: • YOUR FILES YOUR REVIEW :kk msword\document6 WO 999•20 l 8/4/94 'Y-J ' PER YOUR :' OTHER REQUEST PLEASE CALL UPON RECEIPT II MAY-01-1997 09:20 HUNSAKER & ASSOCIATES 6195581414 P.02/15 0 0 INSTRUCTION SHEET FOR FILLING OUT ENVIRONMENTAL IMPACT ASSESS1\1ENT FORM M PART I This Environmental Impact Assessment (EIA) Fonn -Part I will be used to determine what type of environmental documentation (i.e., Environ,mental 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 C~rlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly detennining the specific environmental effects of your project. • Recent judicial decisions have held that a 11naked checklist,'' that is checklist that is merely checlced "yes" or 11no,11 is insufficient to comply with the requirements of the California Environmental -Quality Act. Each "yes" or 11 no" answer must be accompanied by a written explanation justifying the "yes" or "no" answer. 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 -Pan II. MAY-01-1997 09:29 HUNSAKER & ASSOCIATES 6195581414 P.03/15 0 0 ENVIRONMENTAL IMPACT ASSESSMENT FORM -PAR~ l (TO BE COMPLETED·BY THE APPLICANT) CASE NO. DATE: BACKGROUND 1. CASE NAME: AVIARA PLANNING AREA 26 NORTF! 2. APPLICANT: TAYLOR WOODROW ------------- 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 24661 RIDGE ROUTE DR, SUITE 100 LAGUNA HILLS, CA 92653 4. • , DATE EIA FORM PART I SUBMIITED; _1_0_/1_6_/9_6 __________ ~_ 5. PROJECT DESCRIPTION: REQUEST FOR SITE DEVELOPMENT ~LAN FOR 18 SINGLE FAMILY ONITS ON 18 EXISTING Lots. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, i;nvolving at least one impact that is a 11Potentially Significant Impact", or "Potentially Significant Irripact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Land Use and Planning Population and Housing Geological PI"oblems Water Air Qual.i ty Transportation/Circulation Biological Resources Energy and MineI"al ·Resources Hazards Noise Mandatory Findings of Significance 1 Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Rev. 3/28/95 MAY-01-1997 09:28 HUNSAKER & ASSOCIATES 6195581414 P.04/15 0 0 • ENVIRONMENT AL IMPACT~ STATE CEQA GUIDELINES, Chapter 3, Article S, Section 15063 requires that the City conduct an Environmental Impact Assessment to detennine 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 11No Impact" answer is adequately supported if the referenced infonnation sources show that the impact simply do~s not apply to projects like the one involved. A 11No Impact" answer should be explained when there is no source document to refer tot 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 adversely significant, and the impact does not exceed adopted gentral 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 Signif1cant 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 substantjal evidence that an effect is significant. • Based on an 11EIA~Part II", if a proposed. project could have a potentially significant effect on the environment, but all potentially significant 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 environmenta.l document is required (Prior Compliance). • • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an BIR if the significant effect has been analyzed adequately in an earlier BIR 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 effect on the environment. 2 (;." Rev. 3/28/95 MAY-01-1997 09:29 HUNSAKER & ASSOCIATES . 6195581414 P. 05/15 . ,_. 0 0 • If there are one or more potentially significant effects, the City may avoid preparing an BIR if there are mitigation measures to clearly reduce 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. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier BIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of overriding Considerations" for the significant impact has not been made pursuan, to an earlier BIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA~Part II 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 dis<:ussing mitigation for impacts which would otherwise be determined significant. • 3 & Rev. 3/28/95 MAY-01-1997 09:29 HUNSAKER & ASSOCIATES 6195581414 P.06/15 3: -NEGATIVE DECf~JF-~pN FOR AVIARA PA 26 NORTH (CT 90:,P-~). _ 4. INTERIM AS-GRADGGEOTECHNICAL REPORT FOR AVIARA Put 11. Issues (and Supporting Infonnation Sources): I. LAND USE AND PIANNING. Would the proposal: a) Conflict with general plan designation or zoning? (Source #(s): ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over· the project? () c) Be incompatible with existing land use in the vicinity? () d) Affect agricultural resources ~r operations (e.g. impacts to soils or fannlands, or impacts from incompat~ble land uses)? () e) Disrupt or divide the physical arrangement of an established community (including a • low• income or minority community)? () II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? () b) Induce substantial growth in an area either . directly or indirectly ( e.g. through projects in an undeveloped area or extension of major infrastructure)? () c) Displace existing housing, especially affordable housing? () . III. GEOLOGIC PROBLEMS. Would the proposal result . in or expose people to potential impacts involving: a) . Fault ropture? () b) Seismic ground shaking? () c) Seismic ground failure, including liquefaction? () 4 Po1entially SignifiFant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact ( L..2.,3) (1,2,3) (1,2,3) (l,2i3) ••'' Q:.J • Rev. 3/28/95 • ' i MAY-01-1997 09:29 HUNSAKER & ASSOCIATES 0 Issues (and Supporting Inlonnation Sources): d) Seiche, tsunami, or volcanic hazard? () e) Landslides or mudflows? () f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? () g) Subsidence of the land? () h) Expansive soils? () . i) Unique geologic or physical features? () . IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns,. or the rate and amount of sutface runoff? () b) Exposure of people or property to water related hazards such as flooding? () c) Discharge into surface waters or other alteration of surlace water quality (e.g. temperature, dissolved oxygen or turbidity)? () d) Changes in the amount of surface water in any water body? () e) Changes in currents, or the course or direction of water movements? () f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? _ () g) Altered direction or rate of flow of groundwater? () h) Impacts to groundwater quality? () 5 Potentially Significant Impact 6195581414 P.07/15 0 Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact (3,4) . cµ.3.4) (1.2.3) (l,2,3) (1,2,3) (1.2,3) -· (1,2,3) 0 Rev. 3/28/95 MAY-01-1997 09:30 HUNSAKER & ASSOCIATES 0 Issues (and Supponing lnfonnlllion Sources): i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? () V. AIR QUALITY. Would the proposal: a) Violate any air quaHty standard or contribute to an existing or projected air quality violation? () b) Expose sensitive receptors to pollutants? () c) Alter air movement, moisture, or temperature, . or cause any change in climate? () d) Create objectionable oddrs? () VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? . () b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? () c) Inadequate emergency access or access to nearby uses? () d) Insufficient parking capacity on-site or off-site? () • e) Hazards or barriers for pedestrians or bicyclists? 0 f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? () • g) Rail, waterborne or air traffic impacts? () 6 Po1en1ially Significant Impact 6195581414 P.08/15 0 Potentially Signifieapt Unless Mitigalion Incorpora1ed Less Than Significant Impact No Impact (1.2.3) (!.,d,3) ·0,2,3) (l ,2,3) (l,2,3) (1,2,3) (1,2,3) (1,2,3) (l,2,3) MAY-01-1997 09:30 HUNSAKER & ASSOCIATES 0 Issues (and Supporting Information Sources): VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plartts1 fish, insects, animals, and birds? () b) Locally designated species (e.g. heritage trees)? () • c) Locally designated natural communities (e.g . . • o_ak forest, coastal habitat, etc. )7 () d) Wetland habitat (e.g. marsh, riparian and vernal pool)? () e) Wildlife dispersal or migration corridors? () VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? () b) Use nqn-renewable resources in a wasteful and inefficient manner? () c) Result In the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State?·() IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances.(including, but not limited to: oil, pesticides, chemicals or radiation? () b) Possible interference with an ·emergency response plan or emergency evacuation plan?() c) The creation of any health. hazard or potential • health hazard? () 7 Potentially Significant Impact 6195581414 P.09/15 0 Potentially Significant Unless Less Than Mitigation Significant . No Incorporated Impact Impact (1,2.3) (1,2,.3) ........ 1J Rev. '3/28/95 . ' .. •·' ,, MAY-01-1997 09:30 HUNSAKER & ASSOCIATES 0 Issues (and Supponing lnfonnation Sources): d) Exposure of people to existing sources of potential health hazards? () e) Increase fire hazard in areas with flammable brush, grass, or trees? () X. NOISE. Would the proposal result in: • a) Increases in existing noise levels? () b) Exposure of people to severe nois~ levels? 0 XI. PUBLIC SERVICES; Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? () b) • Police· protection? () c) Schools? () d) Maintenance of public facilities, including. roads? () e) Other governmental services? () XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? () b) Communications systems? () c) Local or regional water treatment or distribution facilities? () d) Sewer or septic tanks? () e) Storm water drainage? () 8 Potentially Significant Impact 6195581414 P.10/15 0 Potentially Significant • Unless u:ss Than Mitigation Significant Incorporated Impact No Impact (1,2,3) (1,2,3) (l.2.3) (l,2.3) (l,2,3) (1,2,3) ----- (1,2,3) (1,2,3) ( L..2..3) (1,2,3) I'.;) Rev. 3/2B/95 MAY-01-1997 09:31 HUNSAKER & ASSOCIATES 0 Issues (and Supporting Information Sources): f) Solid waste disposal? () g) Local or regional water supplies? () XIII. AESTHETICS. Would the proposal: a) Affect a scenic vjsta or scenic highway? () b) Have a demonstrable negative aesthetic effect? () c) Create light or glare? (). XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? O b) Disturb archaeological resources? () c) Affect historical resources? () d) Have the potential to cause a physical change which would affect unique ethnic cultural values? () e) Restrict extsting religious or sacred uses within the potential impact area? O XV. RECREATION. Would the proposal: a) • Increase the demand for neighborhood or regional parks or other recreational facilities? 0 b) Affect existing recreational opportunities? () 9 Polentially Significant Impact 6195581414 P.11/15 0 Potentially Significl\nt Unless Mitigation Incorporated Less Than Significant Impact \ No Impact (l,2.3) (Ll, 3) (1,2,3) _,_. (l,2,3) (1,Z,3) (1,2,3) (Ll. 3) (1,2,.3) (U.3) 0 Rev. 3/'J-8/95 MAY-01-1997 09:31 HUNSAKER & ASSOCIATES 0 Issues (and Supponing Information Sourc:es): XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wild life species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? C'Cumulatively considerable'' means that the incremental effects of a project are considerable when viewed in connection with the effects· of past projects, the effects of other current projects, and the effects of probable future projects) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Potentially Significant Impact 6195581414 P.12/15 0 Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact • No Impact (j...,2,3) (1,2,3) -- Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 10 (1' Rev. 3/28/95 MAY-01-1997 09:31 HUNSAKER & ASSOCIATES 6195581414 P.13/15 0 0 DISCUSSION OF ENVIRONMENTAL EVALUATION AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as. proposed in the updated General Plan wm have cumulative significant impacts on the air quality of the region. To Jessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transpch-tation Dem.and Management; 3) provisions to encourage alternative modes of transportation including!nass transit services; 4)conditions to promote energy efficient building and site design; and S) participation in regional growth management strategies when adopted. The applicable and appropriate Generai Plan air quality . mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within • a "non-attainment basin", therefore, the "Initial Study" checkli~t i~ marked "Potentially Significant Impact". This project is consistent with the General Plan, thereforef the preparation of an EIR is not required because the certification of final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations11 applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, thereforei no further envjronm~ntal review of air quality impacts is required .. This document is available at the Planning Department CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial interse!ctions will be severely impacted by regional through~traffic over which the City has no jurisdictional co1)rol. These generally include all freeway interchange areas and major intersections along Carls j1.d Boulevard. Even with the implementation of roadway impr~veme~ts, a number of int~rsectiops are projected to fail the City's adopted Growth Management performance standards at bulldout. \. ,. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master £IR. These include measures to ensure the provision of circulation facilities concurrent with need; 21 provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulatiop strategies when adopted. The 11 l l l ~> ! ·r Re". 3/28/95 \ . MAY-01-1997 09:32 HUNSAKER & ASSOCIATES 6195581414 P.14/15 0 0 diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic; therefore, the "Initial Study" checklist is marked ''Potentially Significant lmpact0 • This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master BIR 93-01, by City Council Resolution No. 94•246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further enviroI1II1ental review-of circulation impacts is required. 12 (, Rev, 3(28/95 MAY-01-1997 09:32 HUNSAKER & ASSOCIATES .,. .. . , .. 0 0 LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF AEPLICABLE) 13 6195581414 P.15/15 0 Rev. 3/28/95 TOTAL P.15