HomeMy WebLinkAboutCT 94-09; CARLSBAD RANCH - LEGOLAND; Tentative Map (CT)•
CARLSBAD RANCH SPECIFIC PLAN AMENDMENT
ASSESSOR PARCEL NUMBERS
Carltas Company -
San Diego Gas And Electric Company -
Gemological Institute Of America -
211-022-01, 02, 03, 04, 05, 06
211-023-01, 02, 05, 06
212-010-14
211-010-19, 23, 24
211-023-03, 04
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PROJECT DESCRIPTION/ EXPLANATION
The proposed project is to request a Specific Plan Amendment, Local Coastal Plan Amendment
and Zone Change for 24. 2 acres located north of Cannon Road, between Car Country Drive and
future Faraday Avenue. This proposal is necessary for the future development of two holes of the
nine hole golf course associated with the Carlsbad Ranch Specific Plan.
The Carlsbad Ranch Specific Plan Amendment is currently being processed through the City of
Carlsbad and proposes the development a nine hole golf course as a part of the specific plan. The
golf course was originally planned for 18 holes and was to utilize a large portion of the property
north of Cannon Road. However, since the original submittal of the Carlsbad Ranch Specific Plan
Amendment, the golf course was redesigned. The golf course was redesigned to remove all the
fairways and greens from the north side of Cannon Road with the exception of two. These two
fairways will connect those fairways and greens that are west of Planning Area 1 to the fairways
and greens that are between LEGO Drive and Planning Area 5 of the Carlsbad Ranch Specific
Plan.
The current SDG&E Specific Plan was originally adopted by the City Council on August 3, 1971.
The specific plan covers an area of approximately 680 acres and is bounded by Zol).e 8 on the
east, the Pacific Ocean on the west, the north shore of Agua Hedionda Lagoon on the north and
Cannon Road on the south. This proposal is to remove from the SDG&E Specific Plan the area
identified as Parcel B as shown on the Adjustment Plan provided.
In addition to the amendment to the SDG&E Specific Plan, a Zone Change is requested. The
area identified as Parcel B on the Adjustment Plat is currently zoned PU (Public Utilities). Since
the current General Plan land use designation is OS (Open Space), the Zone Change is required to
bring the zoning into conformance with the General Plan. The new zoning designation will be O-
S (Open Space) and will allow for the development of this area as a golf course.
The final request is for an amendment to the Agua Hedionda Lagoon Segment of the Local
Coastal Program. The details for this amendment accompany this submittal and is identified as
Local Coastal Plan Amendment -Agua Hedionda Lagoon Segment.
MAR 3 0 1995
• •
CARLSBAD RANCH SPECIFIC PLAN AMENDMENT
ASSESSOR PARCEL NUMBERS
Carltas Company -
San Diego Gas And Electric Company -·
Gemological Institute Of America -
211-022-01, 02, 03, 04, 05, 06
211-023-01, 02, 05, 06
212-010-14
211-010-19, 23, 24
211-023-03, 04
Ir
I'\:
• PROJECT,DESCRIPTION/EXPLANATION .,..,,.,.,.(;r''-l~'1"'"<"'"\
l, J. L ... u t. J, i!i--l J .. ..,_ ~ ,:~· J
PROJECT NAME: CARLSBAD RANCH SPECIFIC PLAN
JUL O 5 1994
CBTY OF CA~lSBAD
PltJ\NNSNG DEPT.
AP PUCA NT NAME: __ H_O_F_M_A_N_PL....;A_N_N_I_N_G_A_s_s_o_c_I_A_T_E_s __________ _
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope ar.8/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
PROJECT DESCRIPTION
The project site is in the northwest quadrant of the City of Carlsbad and is located north of
Palomar Airport Road, south of Agua Hedionda Lagoon, east of Paseo Del Norte and Car
Country Drive within Local Facilities Management Zone 13 (see Exhibit 1 ).
The Carlsbad Ranch Specific Plan Amendment includes approximately 578 acres which is
under the ownership of the Carltas Company, the Gemological Institute of America and
SDG & E. This is an increase of approximately 155 acres over the original Carlsbad Ranch
Specific Plan that contained approximately 423 acres. The increase in the overall acreage
of the specific plan area includes approximately 7 acres for Cannon Road, approximately 3
additional acres within Zone 13 between future Cannon Road and the previous northern
boundary of the original specific plan, approximately 23 acres from Zone 5 east of the
existing boundaries of the Carlsbad Ranch Specific Plan, approximately 3 acres from Zone
3 east of the current alignment of Paseo Del Norte and approximately 119 acres north of
future Cannon Road near the south shore of Agua Hedionda Lagoon.
The site is composed of gently rolling topography and contains three north-south trending
ridges. Almost all of the site has been disturbed by agricultural operations.
Environmentally constrained areas of the site are generally located in the north, northeast,
and southeast corners of the property. These constraints consist of steep slopes on the
eastern edge of the property and adjacent to the south shore of the Agua Hedionda
Lagoon. some of these slopes may be covered with sensitive vegetation such as coastal
sage scrub and mixed coastal chaparral.
The purpose of the Carlsbad Ranch Specific Plan Amendment is to provide a
comprehensive set of guidelines, regulations and implementing programs for the orderly
development of the new land uses proposed for the Carlsbad Ranch. Similar to the
approved Carlsbad Ranch Specific Plan, the proposed amendment will ensure that the
subject property is developed in full accordance with the City of Carlsbad's General Plan,
the Local Coastal Program segments, the Zone 13 Local Facilities Management Plan as
amended, the McClellan-Palomar Airport Comprehensive Land Use Plan and the City of
Carlsbad Municipal Code.
The project site is located in the Coastal Zone. In addition, approximately 330.9 acres of
the site are under a Williamson Act agricultural preserve. A cancellation notice was filed
for 163.6 acres of that land in January of 1992. A destination resort and the Lego Family
Park are proposed within this area. This property will be subject to the provisions of the
Williamson Act Contract until December 31, 2002, unless the contract is terminated to
allow for development of the proposed projects prior to that time because of the limited
opportunities for those projects elsewhere in the City of Carlsbad.
It
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On the remaining Williamson Act Agricultural Preserve land (approximately 167 .3 acres), a
portion is already designated Open Space. This Specific Plan Amendment will increase the
Open Space acreage to 253.5 acres to allow for a golf course and accessory uses and for
preservation of the "flower fields" area. While public recreation is permitted under the
Williamson Act legislation, development of the golf course would require an amendment
to the applicant's Land Conservation Contract, an amendment to the Local Coastal
Program and a Conditional Use Permit.
The portion of the site outside of the Williamson Act Agricultural Preserve, are considered
developable per the Local Coastal Program. The Local Coastal Program requires the
approval of the Specific Plan prior to the development of this property.
The proposed land uses for the specific plan amendment will be substantially the same as
approved in the original Carlsbad Ranch Specific Plan, but with a significantly reduced
office/research and development component and the addition of a larger recreational and
visitor serving land use. Proposed land uses for the Specific Plan Amendment reflect a mix
of compatible and complementary non-residential uses, including office, research and
development, related light manufacturing, commercial, hotel, destination resort, golf
course, agriculture, a vocational school campus and the LEGO Family Park. The Lego
Family Park may be described as a "Park within a Park". A majority of the park will
consist of attractive landscaped areas, with an emphasis on native and water-conserving
landscapes. The purpose of the park is to provide fun, creative, educational experiences
for children in the age group 2 through 13 and their families.
The integrated uses will allow for the creation of a low density, relatively low profile
development with appropriate recreational opportunities and services for the community.
It will enhance the regional focus that the Carlsbad Ranch now holds as entry to the
business and industrial corridor and as a visitor and community destination for its
agricultural, aesthetic, retail and entertainment characteristics. The plan contemplates that
where a conscious mixture of retail and commercial/office exists, the retail uses will have a
pedestrian orientation.
An Environmental Impact Report is being prepared concurrently with the Specific Plan
Amendment. In addition to the Specific Plan Amendment, the applicant is processing a
General Plan Amendment, a Local Coastal Plan Amendment, a Zone change, a Local
Facilities Management Plan Amendment, a Tentative Map and a Hillside Development
Permit.
Due to the proposed amendments to the Carlsbad General Plan Land Use Designations, the
land use designations of two of Carlsbad's Local Coastal Program (LCP) must also be
amended. The amended segments will include the Mello-II and the Agua Hedionda.
• •
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this application complete. When the application is complete, the
processing period will start upon the date of the completion letter.
Applicant Signature: (~ 4/44~,,... /1, dc&:10=
Staff Signature: _~ _____ Y_-, _-n. ___ ---=7,d,.._,'4 ______________ _
Date:· 7-S::-9'-/
To be stapled with receipt to application
Copy for file
2. Owner
Carlsbad ·Estate Holding, Inc.
A California Corp.
5600 Avenida Encinas, Suite 130
Carlsbad, CA 92008
INTERLEGO AG
A Swiss Company
Teknisk Forskning og Udvikling
Bachtalen 33
CH-6332 Hagendom
Having an interest as an optionee:
. LEGO Park Planning, Inc.
A California Corporation
5600 Avenida Encinas, Suite 130
Carlsbad, CA 92008
100% owned by LEGO NS
A Denmark Corporation
7190 Billund
Denmark
c
ID:GJH C□wD
GIA Board of Governors:
Frank Maier, Jr., Executive Chairman
Richard T. Liddicoat, Chairman
James C. Clark, Vice Chairman
EH Haas, Secretary
Paul G. Bailey, Treasurer
Arnold Bockstruck
Carleton G. Broer
Gordon Brown, Ph.D.
Paul Campbell
J. F. RJlis, Jr.
Kurt Nassau, Ph.D.
Glenn R. Nord
Joseph H. Samuel, Jr.
Robert E. Spratford
Bert Krashes
Ralph Dcstino
GIA -Executive Officers:
William E. Boyajian, President
Dennis Foltz, Vice President of Education
Courtney A. Walker, Vicel'residentl
Chief Financial Officer/Secretary/Treasurer
4
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Disclosure Statement
(Over)
Page2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards,
Commissions, Cj)mmittees and Council within the past twelve months?
Yes _ No ~ If yes, please indicate person(s) _________________ _
~ is defined u: 'Any Individual, firm, copartnerahlp, joint venture, UIOC.iatlon, aocial club, fraternal organization, corporation, estate, trust,
receiver, syndicate, this and any other county, city and county, city municipality, diatrict or other political subdivision, or any other group or combination
acting u a unit.•
(NOTE: Attach additional pages as necessary.)
CARLTAS COMPANY
By~ fr_-/21-':;_1 Signato er/date
Christopher C. Calkins, Manager
Print or type name of owner
FRM0007 4/91
1L:.e ~~ ~ t -27 -9 'I
Signature of alicantJdate
Bill Hofman
Print or type name of applicant
PROJECT-DESCRIPTION/EXPLANATION ,,...v-.t""~n ~-.....
\, ... J,:,J{. \,,1, ttr ol ,j -· -~--,1,._• /
PROJECT NAME: CARLSBAD RANCH SPECIFIC PLAN
JUL O 5 1994
CITY OF CARLSBAD
PLArtl~~ING DEPT.
APPLICANT NAME: __ H_O_F_M_A_N_P_LA;._N_N_IN_G_A_s_s_o_c_I_A_T_E_s __________ _
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope ar.::/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
PROJECT DESCRIPTION
The project site is in the northwest quadrant of the City of Carlsbad and is located north of
Palomar Airport Road, south of Agua Hedionda Lagoon, east of Paseo Del Norte and Car
Country Drive within Local Facilities Management Zone 13 (see Exhibit 1 ).
The Carlsbad Ranch Specific Plan Amendment includes approximately 578 acres which is
under the ownership of the Carltas Company, the Gemological Institute of America and
SDG & E. This is an increase of approximately 155 acres over the original Carlsbad Ranch
Specific Plan that contained approximately 423 acres. The increase in the overall acreage
of the specific plan area includes approximately 7 acres for Cannon Road, approximately 3
additional acres within Zone 13 between future Cannon Road and the previous northern
boundary of the original specific plan, approximately 23 acres from Zone 5 east of the
existing boundaries of the Carlsbad Ranch Specific Plan, approximately 3 acres from Zone
3 east of the current alignment of Paseo Del Norte and approximately 119 acres north of
future Cannon Road near the south shore of Agua Hedionda Lagoon.
The site is composed of gently rolling topography and contains three north-south trending
ridges. Almost all of the site has been disturbed by agricultural operations.
Environmentally constrained areas of the site are generally located in the north, northeast,
and southeast corners of the property. These constraints consist of steep slopes on the
eastern edge of the property and adjacent to the south shore of the Agua Hedionda
Lagoon. some of these slopes may be covered with sensitive vegetation such as coastal
sage scrub and mixed coastal chaparral.
The purpose of the Carlsbad Ranch Specific Plan Amendment is to provide a
comprehensive set of guidelines, regulations and implementing programs for the orderly
development of the new land uses proposed for the Carlsbad Ranch. Similar to the
approved Carlsbad Ranch Specific Plan, the proposed amendment will ensure that the
subject property is developed in full accordance with the City of Carlsbad's General Plan,
the Local Coastal Program segments, the Zone 13 Local Facilities Management Plan as
amended, the McClellan-Palomar Airport Comprehensive Land Use Plan and the City of
Carlsbad Municipal Code.
The project site is located in the Coastal Zone. In addition, approximately 330.9 acres of
the site are under a Williamson Act agricultural preserve. A cancellation notice was filed
for 163.6 acres of that land in January of 1992. A destination resort and the Lego Family
Park are proposed within this area. This property will be subject to the provisions of the
Williamson Act Contract until December 31, 2002, unless the contract is terminated to
allow for development of the proposed projects prior to that time because of the limited
opportunities for those projects elsewhere in the City of Carlsbad.
,,
On the remaining Williamson Act Agricultural Preserve land (approximately 167.3 acres), a
portion is already designated Open Space. This Specific Plan Amendment will increase the
Open Space acreage to 253.5 acres to allow for a golf course and accessory uses and for
preservation of the "flower fields" area. While public recreation is permitted under the
Williamson Act legislation, development of the golf course would require an amendment
to the applicant's Land Conservation Contract, an amendment to the Local Coastal
Program and a Conditional Use Permit.
The portion of the site outside of the Williamson Act Agricultural Preserve, are considered
developable per the Local Coastal Program. The Local Coastal Program requires the
approval of the Specific Plan prior to the development of this property.
The proposed land uses for the specific plan amendment will be substantially the same as
approved in the original Carlsbad Ranch Specific Plan, but with a significantly reduced
office/research and development component and the addition of a larger recreational and
visitor serving land use. Proposed land uses for the Specific Plan Amendment reflect a mix
of compatible and complementary non-residential uses, including office, research and
development, related light manufacturing, commercial, hotel, destination resort, golf
course, agriculture, a vocational school campus and the LEGO Family Park. The Lego
Family Park may be described as a "Park within a Park". A majority of the park will
consist of attractive landscaped areas, with an emphasis on native and water-conserving
landscapes. The purpose of the park is to provide fun, creative, educational experiences
for children in the age group 2 through 13 and their families.
The integrated uses will allow for the creation of a low density, relatively low profile
development with appropriate recreational opportunities and services for the community.
It will enhance the regional focus that the Carlsbad Ranch now holds as entry to the
business and industrial corridor and as a visitor and community destination for its
agricultural, aesthetic, retail and entertainment characteristics. The plan contemplates that
where a conscious mixture of retail and commercial/office exists, the retail uses will have a
pedestrian orientation.
An Environmental Impact Report is being prepared concurrently with the Specific Plan
Amendment. In addition to the Specific Plan Amendment, the applicant is processing a
General Plan Amendment, a Local Coastal Plan Amendment, a Zone change, a Local
Facilities Management Plan Amendment, a Tentative Map and a Hillside Development
Permit.
Due to the proposed amendments to the Carlsbad General Plan Land Use Designations, the
land use designations of two of Carlsbad's Local Coastal Program (LCP) must also be
amended. The amended segments will include the Mello-II and the Agua Hedionda.
-• b. Provision of lagoon trails and access.
c. Boat launching facilities including parking.
d. Preservation of slopes containing coastal sage, chaparral or other sensitive species located
within the planning area.
e. Increase of Travel Services Commercial property in the Agua Hedionda Lagoon LCP with a
corresponding reduction in open space property.
2. Presentation of the project to the Agua Hedionda Lagoon Foundation is recommended to determine
if there are additional issues which can be resolved through project revisions.
3. The Environmental Impact Report (EIR) required for the project will need to include adequate_
baseline studies for the areas being proposed for inclusion in the new specific plan boundaries.
Studies on archaeology, paleontology, biology, noise, etc. are needed. These items will be
addressed in the EIR consultants scope of work.
4. The project will require review by SANDAG and the Palomar Airport Manager to obtain comments
relative to it's compliance with the Comprehensive Land Use Plan for Palomar Airport. It is
anticipated that the project will be brought before the Palomar Airport Advisory Committee staffed
by the County Airports Division prior to the Airport Manager providing a response.
5. Areas of the project site are within Preserve Planning Area 3 of the Draft Habitat Management Plan.
This may impact the project primarily through the potential for inclusion of a fee if approved to
implement that plan.
6. The area of the golf course proposed on the Hub Park lease site will require City Council approval
as to whether the Council will support allowing the lease area to be utilized for the golf course.
The issue of the lease may be able to be considered by the City Council prior to the project
applications going to Planning Commission Hearing.
7. Before requests for proposals can be sent out to environmental consultants for preparation of an
Environmental Impact Report (EIR) a letter of authorization agreeing to assume all costs for the
preparation of the EIR must be submitted by the project applicant.
8. Several issues exist with the proposed Land Conservation Contract Cancellation and are as follows:
a. The agricultural preserve boundaries must also be amended. It appears that this will create
areas which are nor contiguous but are proposed to remain under contract. It has not yet
been determined if this is permitted by the Williamson Act. The application letter should
be revised to include the amendment to the agricultural preserve boundaries.
b. The request should also be revised to include a cancellation request for the Specialty Retail
area and GIA expansion area which are presently under contract. Commercial and industrial
land use designations are proposed for these areas and therefore they can not be left under
contract.
c. A copy of the Land Conservation Contract and agricultural preserve boundary map for
assessor parcel number 212-041-05 must be submitted to verify that the contract on that
property has expired and that the parcel is no longer contained within an agricultural
preserve.
3
9.
10.
11.
12.
• d. The appropriate timing must be detennined for requesting that rhe County Assessor certify
to the Ciry Council the cancellation valuation of the land under contract.
e. The minimum parcel size in· the agricultural preserve is 10 acres. Parcels 2 and 3 on the
Tentative Map are less than 10 acres in size. This is related to item "b" above. Parcel 12
is also less than 10 acres.
The 500 scale proposed General Plan and Zoning exhibits submitted both need revisions which are
noted on the enclosed exhibits. Please return the original checkprints with the revised exhibits.
The acreage of the SDG&E Travel Service Commercial property is proposed to increase resulting in
a corresponding decrease in open space designated acreage. An analysis as to the facilities impacts
of this change should be covered in the Local Facilities Management Plan. In addition, the findings
of the General Plan Open Space and Conservation Element must be made since the open spac~
boundaries are proposed to be adjusted. Of particular concern is the finding concerning the
proposed open space area being of equal or greater area. Justification for the proposed findings
must be provided.
A revised (8 1/2" x 11 ") land use map will be needed for the Agua Hedionda Lagoon Local Coastal
Plan.
Issues of concern and requested revisions to the Draft Carlsbad Ranch Specific Plan SP 207(A) are
contained in the enclosed copy of the plan. Please return this first draft of the plan containing city
staff comments with the revised text to assist us in our review of the project.
Sections of the Carlsbad Ranch Specific Plan Amendment are missing and include the following:
a. Capital Improvements Program
b. Financing Plan
c. Development Phasing Program
d. Grading Phasing
13. The exhibit provided for the SDG&E Specific Plan Amendment (SP 144 (G)) should be revised as
follows:
16.
a. The exhibit shows the middle and inner lagoons as proposed for removal from the SDG&E
Specific Plan yet the parcel numbers for each area are listed under the heading of "Parcels
Inside The Boundaries Of SP 144(G)." The middle and inner lagoons should remain in the
SDG&E Specific Plan along with the outer lagoon. Please revise the exhibit boundaries.
A lane striping plan should be provided for the Tentative Map.
The issue of the export resulting from grading for the Cannon Road right-of-way must be clarified
as the Cannon Road project is based on obtaining this material for use in other segments of the
project.
Provide a list of items to be considered for inclusion in a Development Agreement if a development
agreement is desired.
4
-• 17. The Market Feasibility Study was nor received until August 3, 1994. Review and approval of the
Market Feasibility Study is pending. Subsequent preparation of a Fiscal Impact Analysis will follow.
18. Comments on the Draft Local Facilities Management Plan Amendment for Zone 13 will be provided
from Growth Management in a separate letter.
19. The following revisions need to be made to the constraints map in addition to those listed under
the incomplete items section:
0
0
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The Hub Park lease area is shown as a property line. Revise to note it as a lease boundary.
Show existing assessor parcel numbers and lot lines to serve as points of reference.
Revise the boundary for property currently subject to a Land Conservation Contract. Old
boundary lines were included on sheet 2.
20. The following revisions need to be made to the Tentative Map in addition to those listed under the
incomplete items section:
b.
d.
'l/rs e.
0
Use the buildout ADT for the traffic generation table located on sheet I. Year 2000 ADT
was used.
Create a separate parcel for Planning Area 9 of the Specific Plan (Agua Hedionda Lagoon
Waterfront).
Label designated remainder parcels, the Travel Services Commercial parcel west of the golf
course on the SDG&E property and the Open Space parcel located east of the golf course,
as required by section 20.04.120 of the Carlsbad Municipal Code.
The minimum parcel size in the agricultural preserve is 10 acres. This affects parcels 2, 3
and 12 as well as their status in regard to the Land Conservation Contract, the Preserve and
the proposed land use designations.
Provide an irrevocable offer of dedication for all trails included in the Open Space and
Conservation Resource Management Plan. All remaining trails should be contained within
an easement. Provide sections for the trails including those which are proposed to be
utilized for golf carts also and plot their width on the plans.
Provide a section for the proposed street under-crossings.
Provide phasing if any will be requested.
Plot required Coastal Commission easements and deed restrictions from CT 92-7.
Indicate the owner for all easements located on the easement table.
Add to the legend a symbol indicating areas where access rights are to be relinquished and
plot their locations. This applies to Cannon Road, Palomar Airport Road and the R&D lots
adjacent to the LEGO Driveway.
The limits of grading symbol does not show up well on the blueprints. Please improve
legibility.
5
n.
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s.
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The land use an!oning table must be revised as indic! on the enclosed checkprint.
The proposed street sections must be revised as indicated on the enclosed checkprint.
A reservation should be made on the map for a boat launch and parking area. It must be
demonstrated that the golf course will not preclude the ability to site a boat launch and
parking area in the future.
The map shows conflicts between the location of the proposed trails and the access road to
the lagoon beach area for the property on the north side of Cannon Road.
Show the contour for the approximate mean high tide line shown on the map and indicate
the source for this information. ( rn oo ~ ~ "FL-oc'p Ln M t'T)
Show the easement for the transmission corridor and the gas pipeline on the property north
of Cannon Road.
Revise the map to create one parcel where parcels 1, 2 and 3 are proposed. This requires
the removal of parcels 2 and 3 from the agricultural preserve and cancellation of the land
conservation contract for those areas. Parcel 2 does not have required public street frontage
and both parcels 2 and 3 are below the minimum 10 acre parcel size in the agricultural
preserve. The proposed land use designation of commercial also requires that the property
be removed from the agricultural preserve and contract.
Revise the map to create a single parcel for the GIA site. Similar reasons for requesting one
parcel for the specialty retail site also apply to GIA.
Plot the location of the edge of the CALTRANS right-of-way for the area immediately west
of the proposed Paseo Del Norte realignment.
In the southwest comer of Lot 14 revise the grades so that the maximum wall height above
the adjacent sidewalk is 3 feet as required by Figure 42 in the specific plan.
Revise the lot line for lot 23 as shown on the enclosed checkprint. The southern most area
of this lot should be added to lot 13 so that it can be landscaped to screen views of the
LEGO parking area. In addition, the application of the required setbacks to this parcel make
this area unbuildable.
Show the existing Price Club entrance at the signalized intersection.
Provide legible road spot elevations along all on site roads as well as Palomar Airport Road
and Cannon Road.
Provide a detail for the 150 foot landscape buff er area along Palomar Airport Road. The
maximum slope height permitted is 30 feet with a maximum length of 200 feet. A three
dimensional perspective would be helpful.
It appears that a slope height of 35 feet is reached at the southeast comer of lot 13 which
exceeds the ordinance maximum height of 30 feet.
Revise the property line location to show Lego Drive south of the roundabout as being a
private access.
6
-• incompleteness in Item 13, above. The phasing and phase lines must be reviewed and
approved at the tentative map stage.
f. Why parcel off Lots 6 and 7 when they are one project under one owner, GIA?
t/ 15 1.
®
i}i~ 1.
p/15 m.
0
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Will Lots 2 and 3 be removed from the Williamson Act lands? If not, they will be too small
to be two separate lots per the SMA, Section 66474.4.
On the Key Map, include the existing surrounding street and freeway system close to the
project, such as 1-5, and all of Cannon Road, Palomar Airport Road, Paseo del Norte and
Car Country Drive.
The full width of Street "D" needs to be a general access easement, not just the outside 8
feet as shown on the cross-section. Engineering prefers the width of Street "D" (private) to
be 48 feet between curbs, unless parking will be prohibited. The Planning Deparnnent will
make the final determination on private streets.
Street "D" need not make a skewed intersection \vith Armada Drive. The street could have
a "T' section connected between Lots 19 and 21; and thence continue to a cul-de-sac in Lot
23.
If the re-location of Paseo del Norte to the old curved alignment is ultimately approved, the
allowed access(s) to Lot 1 will be on the tangent sections only.
Lot lines, especially for Lots 11 and 13, need more data, such as bearings and curve data.
If Lot 8 is no longer part of the golf course, why is an under-crossing from Lor 10 to Lor 8
being shown?
It is our understanding that the under-crossing of Lego Drive between Lots 10 and 16 will
no longer be needed, per the roundabout consultant.
We will want an extra right lane, south bound, to be added to Armada Drive to begin south
of Cannon Road and to be dropped at the first GIA entrance.
The location, \vidth, grades of Hidden Valley Road as well as the utilities therein will need
to be coordinated with the proposed City golf course project manager John Cahill. Per John
Cahill, at this time the City is not in agreement on the location, width, grades and slopes
on the property as is shown on this tentative map.
Showing grading on the extreme east side of Lot 11, just north of the water tank does not
appear to be needed at this time. At the scale shown, very little grading is taking place.
Letters of permission to grade on other property will be needed prior to approving the
tentative map.
The trail as shown on Lot 9 has steep slopes. We need to see in more detail in order to
determine if it can be constructed.
There are some arrowhead-like-symbols along the north side of future Cannon Road, sheet
3 of 5. What do these symbols mean ?
8
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• Please clarify and label what appears to be an odd shaped parcel around a drainage facility
on the north side of PAR Gust above the word "AIRPORT'), sheet 4 of 5.
Show existing Price Club driveway on the south side of PAR.
The general utility and access easement to Lot 9, starting near Car Country Drive, does not
appear to have the best alignment for grades.
The grading in the vicinity of the future boat launch area, Lot 9, appears confusing as
shown. The line between cut and fill is not clearly defined. It appears that in reality part
of the cut area cannot be graded because it is too close to the lagoon.
The future boat launch facility has not been reviewed. It does not appear that parking can
be provided for the facility. The golf course appears to constrain the boat launch option.
We may need the reference to the boat launch removed from the exhibits or labeled in such
a way that this project's action does give a prior approval to that facility.
SP 207A
Engineering Deparnnerit comments on the Specific Plan have been incorporated into the Draft
Specific Plan text enclosed for your use in revising that document.
LCPA 94-03
Mello II Segment:
a. Page 5; item 14 should read west of 1-5 of Armada Drive.
Agua Hedionda Segment:
No Comments.
AP 76-01
Should include the specialty retail phase area in the removal from Williamson lands.
EIR 94-07, GPA 94-03, ZC 94-02 and HOP 94-07
No comments.
The engineering red-lined checkprints were given to the applicant's engineer, Jerry O'Connell, on July 14,
1994 at a meeting held to alert the engineer to the basic incomplete items and the issues. It is requested
that the applicant return the checkprints with the next submittal.
9
TABLE OF CONTENTS
~
ARTICLE I -DESIGN REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.1 Design Review Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.2 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.3 Plan Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.4 Design Review Exemptions . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . 6
1.5 Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.6 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.7 Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.8 No Liability for Approval Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE II -ASSOCIATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
21 Organization and Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.2 Duties . . . . . .. .. .. .. .. . . . . . . . . . . .. . . .. . .. .. . . . .. . . . . . . 8
2.3 Powers .. .. .. .. .. .. . . . . . . . . . . .. . . . . . .. .. . . . .. . . . . . . .. 8
2.4 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ARTIO..E m -MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3.1 Maintenance and Repair by Association . . . . . . . . . . . . . . . . . . . . . 11
3.2 Public Trail System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3.3 Private Street Maintenance to City Standards . . . . . . . . . . . . . . . . . 12
3.4 Storm Drain Maintenance . . . .. .. . . .. . . . .. . . . . . .. . . . . . .. . . 12
3.5 Sewer Facilities Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3.6 Reservation of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3.7 Parcel 18 Owner Maintenance Obligations . . . . . . . . . . . . . . . . . . . 13
3.8 Maintenance and Repair of Individual Projects . . . . . . . . . . . . . . . . 14
3.9 Owner Failure to Maintain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3.10 Pollutant Discharge Elimination . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3.11 Enforcement of Maintenance Obligations . . . . . . . . . . . . . . . . . . . . 16
3.12 Leasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE IV -ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4.1 Agreement to Pay Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4.2 Allocation of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
(b) Parcel 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
(c) Parcel 18 Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
( d) Change in Allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4.3 Annexation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
(a) GlA Annexation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
(b) Annexation Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4.4 No Offsets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4.5 Transfer of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
SDR2\6816S2-t8
i
1667
ARTICLE V -PROHIBITED USES AND PROTECTION OF VIIDV
CORRIDORS •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5.1 Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5.2 Prohibited Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5.3 View Corridors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5.4 Protection of View Corridors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE VI -ENFORCE?dENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
6.1 Court Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
6.2 Llens . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 21
(a) Right to Enforce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(b) Creation of Llen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(c) Notice of Default; Foreclosure . . . . . . . . . . . . . . . . . . . . . . . 21
(d) ~~aiver of Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
ARTICLE VII -MORTGAGEE PROTECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . 22
7.1 Breach Shall Not Defeat Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . 22
7.2 Subordination of Llen and Foreclosure . . . . . . . . . . . . . . . . . . . . . . 22
7.3 Notification of Breach and Right to Cure . . . . . . . . . . . . . . . . . . . . 22
7.4 E!toppel Certificate ......... ,. . . . . . . . . . . . . . . . . . . . . . . . . . . 22
ARTICLE VIII -BINDING EFFECT, DURATION FUTURE AMENDMENTS . . . 23
ARTICLE IX -NOTICES ............ •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
ARTICLE X -NOTICE OF DEED RESTRICTION . .. . . . . . . . . . . . .. . . . . . . . . 23
ARTICLE XI -NOTICE OF AGRICULTURAL USE ..................... , 23
ARTICLE xn -NOTICE OF PROHIBmON AGAINST REMOVAL OF
NATIVE VEGETATION AND DEVELOPMENT OF PARCEL 16 . . . . . . . 24
ARTICLE XIIl -COPIES OF DOCUMENTS . . . . . . .. . . . . . . . . . . . . . . . . . . . . 24
ARTICLE XIV -COUNTERPARTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
ARTICLE XV -GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
15.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
15.2 Assignment of Declarant's Rights and Duties . . . . . . . . . . . . . . . . . 26
15.3 Common Interest Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
15.4 Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
15.5 Goverrung Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
15.6 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
15.7 Attorneys' Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
SOR2\6816S2-18
ii
DECLARATION OF
COVENANTS, CONDmONS AND RESTRICTIONS
FOR
CARLSBAD RANCH
1668
This Declaration of Covenants, Conditions and Restrictions for Carlsbad Ranch
("Declaration"), dated as of March 12, 1997, is executed by CARLSBAD RANCH
COMPANY, L.P., a California limited partnership ("Declarant"), with reference to the
following facts:
A. The real property described in Exhibit A attached hereto and
incorporated herein constitutes a master planned, mixed use development generally
known as the "Carlsbad Ranch." A site plan of the Carlsbad Ranch is depicted in
Exhibit A-1 attached hereto and incorporated herein (the "Site Plan"). Any reference
hereinafter to parcels ("Parcel" and collectively, ''Parcels") by a specific number shall
refer to the corresponding parcel depicted in the Site Plan.
B. The Carltas Company, a California limited partnership ("Carltas"), was
the prior owner and the original developer of the Carlsbad Ranch. Declarant is the
successor-in-interest to Carltas as de"l!eloper of the Carlsbad Ranch. The portion of
the Carlsbad Ranch currently owned by Declarant is legally described in Exhibit B
attached hereto and incorporated herein.
C. During Carltas' ownership of the Carlsbad Ranch, Carltas imposed on a
portion of the Carlsbad Ranch certain mutual beneficial covenants, conditions and
restrictions under a general plan or scheme of improvement for the benefit of the
Carlsbad Ranch and the future owners of land within the Carlsbad Ranch pursuant
to the terms of a certain Declaration of Covenants, Conditions and Restrictions
recorded in the Official Records of the Office of the County Recorder of San Diego
County, California (the "Official Records"), on January 12, 1994 as Document
No. 94-0027697 (the "First CC&Rs").
D. The First CC&Rs were intended to cover the portion of the Carlsbad
Ranch subject to the planning area covered by the City of Carlsbad specific plan (207)
(the "Original Specific Plan").
E. Declarant has obtained the City of Carlsbad's approval of an
amendment to the Original Specific Plan to include land adjacent to the Original
Specific Plan area in order to accommodate certain uses not contemplated by the
Original Specific Plan, such as a resort hotel use for Parcel 17 and a LEGOLAND
family park use for Parcel 18 (the Original Specific Plan, as amended and as the same
may be hereafter amended, shall be referred to as the "New Specific Plan"). As used
herein, the "Carlsbad Ranch" means all property included in the New Specific Plan
and legally described in Exhibit A attached hereto.
SOR2\6816S2-18
1
1669
F. The portion of the Carlsbad Ranch currently owned by the Gemological
Institute of America ("GIA") is legally described in Exhibit C attached hereto and
incorporated herein (the "GIA Parcels").
G. Declarant transferred to National Association of Music Merchants, Inc.,
a New York not-for-profit corporation (''NAMM") certain land depicted as Parcel 8 on
the Site Plan and more particularly descrihed in Exhibit D attached hereto and
incorporated herein (Parcel 8 may be hereinafter referred to as the "NAMM Paree!").
H. Declarant has granted to LEGOLAND Carlsbad, Inc., a California
corporation ("LEGO") (successor by name change to LEGO Park Planning, Inc.), an
option to acquire a portion of the Carlsbad Ranch depicted as Parcels 18 and 19 on
the Site Plan. As used herein, "LEGO" means LEGOLAND Carlsbad, Inc. or any
successor owner of the option to acquire Parcels 18 and 19 or, after exercise of such
option and conveyance of Parcels 18 and 19 pursuant thereto, the Owner (as defined
below) of fee title to Parcels 18 and 19. LEGO may also be hereafter referred to from
time to time as the "Parcel 18 Owner."
I. Declarant transferred to CB Ranch Enterprises, a California corporation
("CB Enterprises"), certain land depicted as Parcel 1 on the Site Plan and more
particularly described in Exhibit E attached hereto and incorporated herein (Parcel 1
may be hereinafter referred to as the "CB Enterprises Parcel").
J. Declarant transferred to Craig Realty Group -Carlsbad, LLC, a
California limited liability company ("Craig Realty Group"), certain land depicted as
Parcels 2 and 3a on the Site Plan and more particularly described in Exhibit F
attached hereto and incorporated herein (Parcels 2 and 3a may be hereinafter referred
to as the "Craig Realty Group Property").
K. Declarant transferred to Carlsbad Estate Holding, Inc., a California
corporation and an affiliated entity of LEGO (''Estate Holding"), certain land to be
subdivided as Parcel 17 of the Carlsbad Ranch and other adiacent land, all of which
land so conveyed is more particularly described in Exhibit G attached hereto and
incorporated herein (which land may be hereinafter referred to as the "Estate
Holding Property"), subject to Estate Holding's obligation to reconvey such other
adjacent land after the creation of Parcel 17 as a legal lot in compliance with the
California Subdivision Map Act.
L. The parcels within the Carlsbad Ranch shall be created in units
(''Unit(s)") ,and each Unit shall be reflected in a Final Map recorded in the Office of
the County Recorder of San Diego County. Each legal parcel created by a Final Map
for the Carlsbad Ranch, or any resubdivision thereof, shall be a "parcel" or "lot" (the
terms may be used herein interchangeably) as referred to herein.
M. A portion of the Carlsbad Ranch has previously been subdivided by a
Final Map, specifically Lots 1 through 8 of Carlsbad Tract No. 92-7 in the City of
SDR2\681652-18
2
1670
Carlsbad, County of San Diego according to Map No. 13078 filed in the Office of the
County Recorder of San Diego County, on December 28, 1993, and Lots 9 through 14
of Carlsbad Tract No. 92-7 in the City of Carlsbad, County of San Diego, according to
Map No. 13215 in the Office of the County Recorder of San Diego County on June 30,
1995.
N. The City of Carlsbad has approved a new master tentative map
(Carlsbad Tract No. 94-09) corresponding to the New Specific Plan (which tentative
map shall be referred to as the "Carlsbad Ranch Master Tentative Map").
0. Declarant has recorded a Final Map covering Unit 1 of the Carlsbad
Ranch Master Tentative Map, according to Map No. 13357 in the Office of the County
Recorder of San Diego County on September 11, 1996.
P. Upon recordation of this Declaration, that portion of the Carlsbad Ranch
which is legally described in Exhibits B. D. E. F and G. excluding the GIA Parcels
legally described in Exhibit C, shall be subject to the terms and conditions of this
Declaration (the property initially subject to the terms and conditions of this
Declaration shall be all of the property described in Exhibits B. D, E, F and G.
inclusive, all of which together shall hereinafter be referred to as the "Property").
Q. Any references in this Declaration to parcels within the Carlsbad Ranch
shall mean only those parcels within the Carlsbad Ranch covered by this Declaration.
R. The term "Property" as used herein, shall not include the GIA Parcels
unless and until they are annexed into the Property covered by this Declaration.
S. The term "Owner" as used herein means each current and successor
owner of fee title to any Parcel. The current Owners are Declarant, CB Enterprises,
NAMM, Craig Realty Group and Estate Holding. An Owner shall be deemed an
Owner only during its period of ownership of a portion of the Property.
T. Declarant, as successor developer of the Carlsbad Ranch, desires to
establish this Declaration as a general plan of improvement for the Property in order
to, among other things, establish a design review committee to administer design
guidelines and to provide a mechanism for maintenance of certain portions of the
Property. Declarant, on behalf of itself as Owner of that portion of the Property
legally described on Exhibit B and on behalf of successor Owners of such property,
intends, by execution and recordation of this Declaration in the Official Records, to
establish this Declaration and to be bound thereby as a covenant running with the
land.
U. At the request of Declarant, NAMM, CB Enterprises, Craig Realty
Group and E.~tate Holding, as Owners of those portions of the Property legally
described on Exhibits D, E. F and G. respectively, on behalf of themselves and
successor Owners of their respective properties, hereby (i) consent to the terms of this
SDR2\681652-18
3
Declaration and agree to be bound by the obligations of an Owner hereunder,
(ii) agree that this Declaration, upon recordation in the Official Records, shall be an
encumbrance against title to their respective properties, and (iii) agree to hold title to
their respective properties subject to this Declaration as a covenant running with the
land. The foregoing consent and agreement of the Owners is evidenced by their
execution of this Declaration as provided below.
V. Certain capitalized terms used in this Declaration are defined in
Paragraph 15.1 below.
1671
NOW, 1HEREFORE, the Property and each portion thereof is and shall be
held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and
improved subject to the following covenants, conditions and restrictions all of which
are declared to be in furtherance of a plan for the subdivision, improvements and
sales of the lands and are established and agreed upon for the purpose of enhancing
and protecting the value, desirability and attractiveness of the Property and every
part thereof. All of the covenants, conditions and restrictions set forth herein are
equitable servitudes and shall run with the land and shall be binding upon and inure
to the benefit of all Owners having or acquiring any part thereof and their respective
hE'irs, successors and assigns.
ARTICLE I -DESIGN REVIEW
1.1 Design Review Committee. There shall be a Design Review Committee
comprised of two (2) persons appointed by Declarant, two (2) persons appointed by
the Parcel 18 Owner, and one (1) person appointed by Owners comprising the
Association (described in Paragraph 2.1 below), with the exception of Declarant and
the Parcel 18 Owner. Declarant shall have the right and power to remove and
replace any members of the Design Review Committee initially appointed by
Declarant. The Parcel 18 Owner shall have the right and power to remove and
replace any members of the Design Review Committee initially appointed by the
Parcel 18 Owner. The Association, without participation by either Declarant or the
Parcel 18 Owner in any such vote by Owners comprising the Association, shall have
the right and power to remove and replace any members of the Design Review
Committee initially appointed by the Association. If either Declarant or the Parcel 18
Owner fails to make any appointment within sixty (60) days after the date a vacancy
on the Design Review Committee becomes available, the Association shall have the
right and power to appoint such member(s). In appointing members to the Design
Review Committee, Declarant, the Parcel 18 Owner and the Association shall give
preference to individuals with architectural and engineering backgrounds who are
familiar with the Carlsbad Ranch. At such time as Dedarant has sold, conveyed or
otherwise transferred parcels representing more than fifty percent (50%) of the total
votes (as set forth in Paragraph 2.4 below) within the Carlsbad Ranch excluding the
votes attributable to the Parcel 18 Owner, Declarant may, at any time thereafter,
transfer to the Association its right and power to remove and replace one (1)
additional member of the Design Review Committee. At such time as Declarant has
SDR2\681652-18
4
1672
sold, conveyed or otherwise transferred parcels representing one hundred
percent (100%) of the total votes within the Carlsbad Ranch, Declarant shall be
deemed to have automatically transferred to the Association its right and power to
remove and replace members of the Design Review Committee. Thereafter, the
Association shall have the right and power to remove and replace three (3) members
of the Design Review Committee without participation by the Parcel 18 Owner in any
such vote by Owners comprising the Association, and the Parcel 18 Owner shall have
the right and power to remove and replace two (2) members of the Design Review
Committee. The Design Review Committee shall administer the covenants,
conditions and restrictions contained in this Declaration and the Design Guidelines
(as defined below). The Design Review Committee members may designate a single
representative to act for it, and the Design Review Committee may hire an
independent consultant to review any Submittal (as defined below) and make
recommendations to the Design Review Committee. The Design Review Committee
shall act by majority vote of its members, but it shall require the unanimous vote of
the Design Review Committee members to designate a single representative to act for
it.
1.2 Guidelines. Declarant (with the consent and approval of the Owners)
has promulgated design guidelines (the "Design Guidelines") setting forth the
procedures for submission and approval of and the form and content of submittals
for the use, erection, construction, installation or alteration of Improvements (as
defined below), including Landscape Improvements (as defined below). The Design
Guidelines are in addition to any design guidelines contained in the New Specific
Plan. The Design Guidelines shall be and become effective as of the date upon
which this Declaration is recorded in the Official Records. Notwithstanding
Article VIII of this Declaration pertaining to amendment of this Declaration, the
Design Review Committee may promulgate, from time to time, changes to the Design
Guidelines so long as a majority of the members of the Design Review Committee are
in agreement on any such change(s), unless the change(s) pertain to Paragraph 5.0 of
the Design Guidelines containing design standards for the Central Ranch Area (as
defined below), in which event a majority of the members of the Design Review
Committee and the Parcel 18 Owner must be in agreement on any such change(s).
The Design Guidelines shall be promulgated to assist Owners of Parcels within the
Carlsbad Ranch in the submission of plans and specifications. The Design Review
Committee shall promulgate design criteria for signage. The Design Review
Committee's design criteria for signage shall provide that for any tenant signage on
the exterior of the specialty retail buildings, the City of Carlsbad's approval of any
tenant building signage as being consistent with the City's sign criteria or otherwise
acceptable to the City shall exempt such tenant building signage from any
requirement of plan review under this Declaration. In promulgating any changes to
the Design Guidelines, the Design Review Committee shall apply standards
consistent with the Government Regulations (as defined below) and the purpose of
this Declaration. The Design Guidelines shall be made available, upon request, to the
Owner of any Parcel within the Carlsbad Ranch. "Improvements" shall mean and
refer to all structures and appurtenances thereto of every type and kind, including,
SORZ,681652-18
5
1673
but not limited to, buildings, outbuildings, garages, irrigation and drainage devices
or systems, fences, screening walls, retaining walls, parking areas, loading areas,
poles, light standards, monument signage and exterior building signage visible from
any street and Landscape Improvements (as defined below), and excluding interior
building improvements. "Landscape Improvements" shall mean and refer to any
plantings, ground cover, trees and shrubbery existing on a Parcel or within dedicated
streets or private streets as of the date of this Declaration or thereafter installed,
together with any alterations, irrigation systems and equipment installed in order to
enable reasonable maintenance of the plantings, ground cover, trees and shrubbery.
1.3 Plan Review. No Improvement of any nature whatsoever, including,
but not limited to, any alteration or addition to any Improvements existing from time
to time shall be constructed, installed, assembled, maintained or permitted to remain
on any lot until plans and specifications for such Improvement ("Submittal") shall
have been approved in writing by the Design Review Committee. All Submittals
shall be prepared by an architect, landscape architect and/or engineer, licensed to
practice in the state of California and shall be submitted in writing over the signature
of the Owner or its authorized agent. Each Submittal shall conform to the Design
Guidelines.
1.4 Design Review Exemptions. Any Improvements approved by Declarant
under the First CC&Rs prior to the Effective Date shall be exempt (i.e.,
grandfathered) from the requirement of any plan review by the Design Review
Committee and any View Corridor restrictions or limitations to the extent
inconsistent therewith, provided that any material alteration, modification or addition
to such Improvements shall be subject to plan review by the Design Review
Committee pursuant to Paragraph 1.3 above. Prior to the Effective Date, Declarant
has approved Improvements under the First CC&Rs for Parcels 2 and 3a (Craig
Realty Group), Parcel 8 (NAMM), and Parcel 14a (hotel/timeshare resort). Declarant
has also approved Improvements under the First CC&Rs prior to the Effective Date
for the GIA Parcels; however, the GL.\ Parcels shall not, as of the Effective Date, be
covered by this Declaration.
1.5 A12provals. The Design Review Committee shall base its approval or
disapproval of any Submittal on, among other things, the adequacy of site
dimensions; the conformity and harmony of external design and the Improvements
located on other Property within the Association; the effect of location and use of
Improvements on other Property within the Association, operations and uses; the
relation of the topography, grade and finished ground elevation of the site being
improved to that of other Property within the Association; the proper facing of
elevations with respect to nearby streets; and the conformity of the Submittal to
(i) any present and future governmental law&, statutes, codes, ordinances, rules,
regulations, limitations, restrictions, orders, judgments and any other applicable
governmental requirements (collectively, the "Government Regulations"), (ii) this
Declaration , and (iii) the Design Guidelines. H the Design Review Committee fails
either to approve or disapprove any Submittal within thirty (30) days after the same
SOR2\681652-18
6
has been submitted to and received by the Design Review Committee, it shall be
conclusively presumed that the Design Review Committee has disapproved the
Submittal. No Owner may commence the construction of any Improvement until
such approval is obtained. Notwithstanding anything herein to the contrary,
approval by the Design Review Committee is not exclusive and all plans and
specifications required to be approved by the City of Carlsbad or any other
governmental agency, whether through the building permit process or otherwise,
must be so approved prior to the commencement of construction. Each Owner is
responsible for identifying and conforming with all requirements of Government
Regulations. If any requirement imposed by the City or other Government
Regulations is different from a requirement contained herein or in the Design
Guidelines, the more restrictive requirement shall control.
1.6 Construction. Upon receipt of approval from the Design Review
1674
Committee pursuant to this Article I, the Owner to whom the same is given shall, as
soon as practicable, satisfy all conditions thereof and diligently proceed with
commencement and completion of all approved construction and alterations. Such
Owner shall conduct its construction project using reasonable and diligent efforts to
minimize any interference or inconvenience to other Owners. In all cases, work shall
be substantially completed within twenty-four (24) months from the date of such
approval unless such approval contemplated a phased construction project and/ or a
longer period of time for substantially completing the work. The term "substantial
completion" shall mean the date on which final city inspection is obtained for the
building shell. Any 1:::>wner shall use its reasonable best efforts to substantially
complete, or cause to be substantially completed, any approved construction and
alterations within twenty-four (24) months after receipt of the Design Review
Committee's approval. If there is a failure to comply with this Paragraph, then the
approval given pursuant to this Paragraph shall be deemed revoked unless the
Design Review Committee, upon request made prior to the expiration of such
twenty-four (24) month period, extends the time for completing the work.
1.7 Landscaping. Landscape Improvements for each lot, as approved by the
Design Review Committee, shall be installed prior to the date of occupancy by any
Owner, lessee or sublessee of such lot or date of substantial completion of the
building, whichever occurs first, unless the Design Review Committee shall have
approved in writing another final date of landscape installation.
1.8 No Liability for Approval Errors. Declarant, the Association, the Board,
the Design Review Committee, and their respective agents, employees, members or
officers shall not be liable for any damage, loss or prejudice suffered or claimed by
any Person on account of (i) the approval or disapproval of any plans or
specifications for Improvements in conformance with this Declaration; (ii) the
construction or performance of any work or improvement; (iii) any defects in any
plans, drawings, specifications or other documentation or any structural or other
defects in any work, whether or not pursuant to approved plans or specifications; or
(iv) the development of any Parcel within the Property; provided, however, that
SDR2\681652-18
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1675
nothing in this Paragraph 1.8 shall prohibit any claim against any Person by reason
of the construction of hnprovements by or on behalf of such Person.
ARTICLE Il -ASSOCIATION
2.1 Organization and M1;mbership. Every Owner shall automatically upon
becoming the record Owner of a Parcel be a member of the Carlsbad Ranch
Maintenance Association n (the "Association") and shall remain a member until such
time as the Owner ceases to be an Owner for any reason, at which time its
membership in the Association shall automatically cease. Such membership shall be
appurtenant to and pass with the ownership of the Parcel. Declarant shall form the
Association promptly after the recordation of this Declaration in the Official Records.
The Association shall be organized as a California corporation under the California
Nonprofit Corporation Law.
2.2 Duties. The Association shall be charged with the duties prescribed by
law and set forth in this Declaration, the Association articles (" Articles") and bylaws
("Bylaws"), including, without limitation, the following:
(a) Fix, levy, collect and enforce assessments.
(b) :Maintain, repair and manage the Landscape Maintenance Areas
and all facilities and Improvements located thereon, and any other areas, facilities
and Improvements required by this Declaration.
(c) Discharge by payment, if necessary, any lien against the
Landscape Maintenance Areas.
(d) Maintain such policy or policies of insurance as it deems
necessary, to the extent available at a reasonable cost
(e) Pay all expenses and obligations incurred by the Association in
the conduct of its business.
2.3 Powers. The Association shall have the following powers and rights, in
addition to those provided elsewhere in this Declaration, the Articles and the Bylaws
and those powers granted to a nonprofit mutual benefit corporation pursuant to the
California Corporations Code:
(a) Acquire, own, convey, lease, transfer, dedicate for public use or
otherwise dispose of real or personal property in connection with the affairs of the
Association.
(b) Levy and collect Assessments pursuant to Article IV and to
perfect and enforce liens in accordance with the provisions of Article VI.
SDR2\681652-18
8
ASSOCIATIO:t!fVonNG . . . ..
PARCl!L icae;·om,. .• Y9'DB.
•6a GIA (Lot 6 of CT 92-7) 7.70 7.70
6b R&D 4.84 4.84
7 R&D 4.95 4.95
8 R&D(NAMM) 3.95 3.95
9 R&D 5.77 5.77
10 R&D 5.78 5.78
11 R&:D 4.00 4.00
12 R&D 3.79 3.79
13 Private Street "D" 1.97 .00
14a Hotel/Retail (Lot 14 of CT 92-7) 10.48 10.48
14b R&:D 3.38 3.38
15 R&D 3.45 3.45
16 Open Space 10.00 .00
17 Resort (Estate Holding) 52.89 52.89
18 LEGOLAND 128.32 128.32
19 LEGO Drive .88 .oo
Public Roads 21.74 .00
Total New Specific Plan Acres (Net) (excluding the 407.82 305.14
GIA Parcels and public road rights of way)
• = Not Applicable unless and until the GIA Parcels are covered by this
Declaration.
ffl7'1
The allocation of votes is based upon one vote for each net acre in a Parcel, except
any acreage zoned exclusively for private street, agriculture and/or open space use
shall be excluded and any acreage zoned exclusively for golf use shall be afforded
only a one-half vote for each net acre. A fractional vote shall be allocated for each
fractional net acre. Should more than one person hold an ownership in any parcel,
other than solely as security for an obligation, then the vote shall be allocated as such
Owners agree, or in the absence of such agreement, in proportion to their interests
therein in the manner provided in such bylaws. Any action by the Association which
must have the approval of the membership of the Association before being
undertaken shall require the vote or written assent of more than fifty percent (50%)
SDR2\68l652-!8
10
of the votes held by all Owners. If the net acreages of any of the Parcels covered by
this Declaration hereafter change as a result of boundary adjustments reflected in a
Final Map or lot line adjustments between or among any of the Parcels, or if any
additional property is annexed to the Property subject to this Declaration, the
allocation of votes described in this Article II and the assessments described in
Article IV shall be proportionately adjusted.
ARTICLE m -MAINTENANCE
3.1 Maintenance and Repair by Association. The Association shall be
responsible for the maintenance and repair of all of the Landscape Maintenance
Areas (as defined below) within the Property. The Association may hire a qualified
landscape maintenance company to perform such maintenance and repair. Such
obligation shall not apply to public improvements, the responsibility for which has
been assumed by the City of Carlsbad. "Landscape Maintenance Areas" shall mean
and refer to those portions of the Property depicted in Exhibit H attached hereto and
incorporated herein on which are located plantings, ground cover, planted trees,
shrubs, other plant materials, irrigation systems and equipment, walls, sidewalks,
embellished pavement, signs, and other landscaping improvements over which the
Association shall have an easement and which are to be maintained by the
Association in accordance with the provisions of this Declaration. The Landscape
Maintenance Areas depicted in Exhibit H may be revised, supplemented or expanded
by either a Supplemental Declaration unanimously approved by the Board or
adopted by amendment to this Declaration. The Landscape Maintenance Areas shall
include, without limitation, all landscaped areas within any public right-of-way
within the boundaries of the Carlsbad Ranch Master Tentative Map, except (i) the
medians in Palomar Airport Road and Cannon Road, which are to be maintained by
the City and (ii) the medians and roundabout in LEGO Drive, which are to be
maintained by the Parcel 18 Owner. If other real property is later annexed to this
Declaration, the Landscape Maintenance Areas shall then include such portions of the
annexed property designated as Landscape Maintenance Areas. Without limiting the
generality of the foregoing nor the description of the powers and duties of the
Association, the Association shall be required to accomplish the following, subject to
the obligations of any individual Owners pursuant to Paragraphs 3.7 and 3.8 below:
(a) Oean, maintain and repair the community entries, slopes,
parkways, signage, medians, lighting, landscaping, irrigation systems, and other
improvements within the Landscape Maintenance Areas.
(b) Maintain and/ or coordinate with any utility or similar service
company as may be required in connection with the installation, maintenance, repair
or relocation of all gas lines, electric lines, utility lines and all easements therefor and
all connections thereof located in or serving the Landscape Maintenance Areas.
(c) To the extent located within the Landscape Maintenance Areas,
maintain and repair all slopes (whether manufactured or natural), and all
SDR2\6al652·18
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1678
1679
landscaping and open space, fences, irrigation and erosion control improvements and
perform all other work, including without limitation, brush clearance and pruning
within any fire suppression zones as required by the Carlsbad City Landscape
Guidelines, maintain and repair the water conservation improvements (immediately
down stream from any portion thereof owned and/or maintained by the City or any
other local government agency regulating the use of reclaimed water or such
improvements), maintain and repair any and all concrete terrace drains and other
drainage, erosion control improvements, catch basins, siltation improvements
(including any equipment and/or monitoring program related thereto).
3.2 Public Trail System. Easements are hereby reserved for and established
in favor of Declarant, together with the right to grant the same to the Association,
Owners or others in, over and across all those portions of the Carlsbad Ranch subject
to use as a part of the trail system. To the extent reasonably feasible, the easements
shall not be located within any portion of Parcel 18, other than the portion of
Parcel 18 subject to either a City or private setback requirement and adjacent to
Palomar Airport Road, Hidden Valley Road or Parcel 17 (the parcel zoned for resort
use). The Association shall maintain the trail system; provided, however, the
Association shall have full power and authority to submit an application to the City
of Carlsbad to either (i) establish or create a district for the perpetual maintenance of
the trail system or any other portions of the Landscape Maintenance Areas which are
required to be made available for public use, or (ii) annex into an existing
maintenance district the trail system or any other portions of the Landscape
Maintenance Areas which are required to be made available for public use. Owners
shall not have individual responsibility for the maintenance of any portion of the trail
system located on an Owner's parcel.
3.3 Private Street Maintenance to City Standards. Except as described in
Paragraphs 3.7 and 3.8 below, the Association shall maintain and repair all private
streets (including the pavement, medians, sidewalks and street lights) designated as
such on the Carlsbad Ranch Master Tentative Map. The Association shall maintain
such private streets in a safe, functional and attractive condition that is consistent
with the standards adhered to by the City of Carlsbad for the maintenance of similar
public improvements.
3.4 Storm Drain Maintenance. The surface of the storm drainage easements
shown on final maps for the Property and all desiltation detention basins, concrete
terrace drains and underground storm drains and storm drainage disposal facilities
located within such storm drainage easements shall be maintained by the Association
where located within Landscape Maintenance Areas and by the Owner of each parcel
where located within an individual parcel (and not otherwise located within the
Landscape Maintenance Areas) free of any obstructions which would interfere with
the normal collection, passage and disposal of storm waters accumulating within or
flowing through the Property.
SDR2\681652-18
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1680
3.5 Sewer Facilities Maintenance. Sewer mains and other sewer facilities
located within the private sewer easements shown on any final maps shall be
maintained by the Association if located within the Landscape Maintenance Areas
and by the Owner if located within an individual Parcel free of any obstructions
which interfere with the normal passage of sewage to the public sewer system and
shall also be maintained free of unreasonable amounts of inflow or infiltration;
provided, however, that each Owner of a parcel shall be individually responsible for
maintaining any sewer lateral which connects the sewer system serving a building or
structure on the parcel to a sewer basin located within the private sewer easements
even though a portion of such sewer lateral is located within the boundaries of the
private sewer easements.
3.6 Reservation of Easements. Easements are hereby reserved for, granted
to and established in favor of the Association, its successors and assigns, together
with the right to grant or transfer the same to its agents, in, over, under and across
all such portions of the Property adjacent to or connecting the Landscape
Maintenance Areas as are (i) reasonably necessary to discharge the maintenance and
repair obligations of the Association as described herein, (ii) reasonably necessary to
enter upon, maintain and repair fences, fire suppression zones and the slopes,
landscaping and improvements located within the Landscape Maintenance Areas and
(iii) reasonably necessary to maintain and repair fences and walls to the extent
located within the Landscape Maintenance Areas.
3.7 Parcel 18 Owner Maintenance Obligations. Notwithstanding anything
to the contrary in this Declaration, and in consideration for Parcel 18 Owner being
excluded from all obligations to pay any maintenance assessments arising from this
Article, the Parcel 18 Owner shall, at its sole cost and expense, maintain and repair
the following:
(a) Any portion of the private street portion of LEGO Drive to the
extent within the street right-of-way (including the pavement, sidewalks, street lights,
storm drains and sewer facilities located therein but excluding any underground
portion of the major storm drain within LEGO Drive which collects surface water
from parcels north of Parcel 18) in a safe, functional and attractive condition that is in
compliance with the standards imposed by the Amended Specific Plan and the City
of Carlsbad for the maintenance of such public street improvements;
(b) All slopes (whether manufactured or natural), parkways, signage,
medians, lighting or other improvements within the LEGO Drive right-of-way and on
the east and west sides of the curbs of both the private and public portions of LEGO
Drive from its terminus at Parcel 18 to Cannon Road, including, without limitation,
any landscaping and fences, irrigation and erosion control improvements within the
right-of-way and the roundabout;
(c) All slopes (whether manufactured or natural), parkways, signage,
lighting or other improvements within the right-of-way of Hidden Valley Road t.o the
SDR2\681652-18
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1683
shall meet federal, state, county and city requirements as prescribed in their
respective containers.
(c) Owners and all lessees of property within the Carlsbad Ranch
shall noc perform any changes to landscaping or surface improvements without
complying with best management practices as referenced in the "California Storm
Water Best Management Practices Handbook" in order to eliminate or reduce surface
pollutarts when planning any landscaping or surface improvements to their
respective parcels.
(d) Each Owner must adopt a program of best management practices
appropriate for its parcel based upon the proposed development and use of its parcel
and any other relevant circumstances. An example or a sample of a program of best
management practices for an office manufacturing building is contained in Exhibit I
attached hereto and incorporated herein. All leases of property within the Carlsbad
Ranch shall include a provision obligating tenants to comply with the program of
best ml'.nagement practices applicable thereto.
3.11 Enforcement of Maintenance Obligations. Notwithstanding the
provisions of Article VI below, the Association, the Owner of any benefitted Parcel
and the City of Carlsbad shall have the right to enforce the maintenance obligations
and covenants set forth in this Article m, provided, however, no person shall
demand, require, or otherwise compel the City of Carlsbad to exercise its right under
this Paragraph 3.11.
3.12 Leasing. The Owner of any Parcels within the Carlsbad Ranch shall be
responsible for any and all lessees' compliance with the provisions of this
Declaration.
ARTICLE N -ASSESSMENTS
4.1 A~eement to Pay Assessments. Declarant and each other Owner
hereby covenant and agree, on behalf of themselves and each successor Owner of a
parcel within the Property by acceptance of a deed therefor is deemed to covenant
and agree, to pay maintenance and other assessments to the Association as
authorized pursuant to this Declaration.
4.2 Allocation of Assessments.
(a) General. Any assessments must be reasonable and shall be levied
among the Parcels on a basis equivalent to the number of votes afforded each parcel,
excepting any acreage zoned exclusively for golf use shall be levied assessments as if
the number of votes afforded such golf acreage is only a one-quarter vote for each
net acre (even though any acreage zoned exclusively for golf use shall be afforded a
one-half vote for each net acre pursuant to Article II above). Each Owner of a Parcel
shall pay assessments incurred by the Association multiplied by a fraction, the
SDR2\681652-18
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1684
numerator of which shall be the number of votes afforded such parcel and the
denominator of which shall be the total number of votes of all parcels within the
Property, except for Reimbursement Assessments which shall be levied in accordance
with Paragraph 3.9.
(b) Parcel 13. Notwithstanding the foregoing, assessments for
maintenance with respect to the private street constituting Parcel 13 shall be levied
exclusively among the Owners of Parcels 6 through 12, inclusive, 14b and 15 (i.e., the
R&D Parcels) on a pro rata basis comparing the number of votes afforded each such
Parcel in relation to the total number of votes attributable to all of the R&D Parcels.
(c) Parcel 18 Owner. Notwithstanding Paragraph 4.2(a), in
consideration for the Parcel 18 Owner assuming responsibility for one hundred
percent (100%) of the costs of performing the obligations described in Paragraph 3.7
above, it shall not have any obligation to contribute to the cost of maintaining or
repairing any slopes, parkways, signage, median, lighting, or other improvements
within the Landscape Maintenance Areas. A separate formula shall be adopted for
the maintenance cost incurred by the Association in performing its obligations under
Paragraphs 3.1, 3.2, 3.3, 3.4 and 3.5 above, which formula shall be the same as the
one contained in the preceding sentence except that the denominator shall exclude
the number of votes afforded the Parcel 18 Owner because the Parcel 18 Owner shall
not be required to contribute towards such maintenance cost.
(d) Change in Allocations. A separate formula shall be adopted
upon annexation or rezoning of any portion of the Carlsbad Ranch currently
designated for agricultural use or open space accompanied by a change in zoning to
other uses. This formula shall reflect only the improvements required to be
maintained by Association as a result of such use and the following:
(1) If access is taken from Armada Drive, and not from a
separate roadway, then a portion (if any) of all maintenance related to Armada Drive
shall be allocated to such rezoned area, on a net acreage basis.
(2) If a common detention basin or other Association
maintained storm water system is utilized by such rezoned property, then a portion
of such maintenance shall be allocated to euch rezoned area, on a net acreage basis.
4.3 Annexation.
(a) GIA Annexation. Declarant shall use its reasonable efforts to
annex the GIA Parcels to the Property by recording a notice of annexation in the
Official Records. Declarant and all of the other Owners agree in advance to annex, if
possible, the GIA Parcels to the Property covered by this Declaration, and Declarant
and all of the other Owners authorize the Board to execute any notice of annexation
and/ or amendment to this Declaration in connection with the annexing of the GIA
Parcels to the Property covered by this Declaration. Upon such annexation, the term
SOR2\68!652-18
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1685
''Property" as used herein shall be defined to include such annexed parcels, and such
parcels shall be subject to all of the terms and conditions of this Declaration. At such
ti.me as the GIA Parcels are annexed into the Property covered by this Declaration,
the allocation of votes and the assessments described in Article IV above shall be
proportionately adjusted. Until the GIA Parcels are annexed into the Property
covered by this Declaration, the GIA Parcels shall continue to be subject to the First
CC&Rs, and any assessments assessed against the GIA Parcels pursuant to the First
CC&Rs shall be used by the Association (to the extent received by the Association)
for the purpose of paying the maintenance costs incurred by the Association pursuant
to Article m above a.s if the GIA Parcels are included within the Property covered by
this Declaration.
(b) Annexation Generally. Except as provided in Paragraph 4.3(a),
any other real property may be later annexed to this Declaration by amendment to
this Declaration.
4.4 No Offsets. All assessments shall be payable in the amounts specified
by the particular assessment, and no offsets against such amount shall be permitted
for any reasons, including, without limitation, a claim that the Association is not
properly exercising its duties of maintenance, operation or enforcement
4.5 Transfer of Property. After transfer of any Parcel within the Carlsbad
Ranch, the transferring Owner shall not be liable for any assessment levied on the
transferred Parcel after the date of transfer and delivery of written notice of such
transfer to the Association. The transferring Owner shall remain responsible for all
assessments and charges levied on its Parcel prior to any such transfer.
ARTICLE V -PROHIBITED USES AND PROTECTION OF VIEW CORRIDORS
5.1 Permitted Uses. Unless otherwise specifically prohibited herein,
permitted uses shall include those uses permitted by the Amended Specific Plan, as
amended by the City ("Permitted Uses").
5.2 Prohibited Uses. No parcels within the Carlsbad Ranch shall be used
for any of the following uses ("Prohibited Uses"):
(a) Residential use (i.e., single-family or multi-family residential
dwelling units, but not including either (i) any hotel/timeshare use or similar
lodging concepts or (ii) any use of dormitories or similar kinds of residential facilities
for students or faculty on Parcel 4) before the year 2002 and thereafter residential use
shall be prohibited only on Parcels within the Central Ranch Area (i.e., Parcels 1, Sb,
9, 10, 11, 14a, 14b and 15). If the GIA Parcels are annexed to the Property covered by
this Declaration as contemplated in Section 4.3 above, any use of dormitories or
similar kind;; of residential facilities for students or faculty on the GIA Parcels shall
not be a Prohibited Use.
SDR2\681652-18
18
(b) Indoor or outdoor theme parks, water parks, amusement or
recreation centers, zoos, circuses, carnivals or other family entertainment facilities
comparable in character or scale to LEGOLAND or which otherwise compete with
LEGOLAND, as reasonably determined by the Parcel 18 Owner; provided, however,
an outdoor theme park shall not be a Prohibited Use for Parcel 18;
(c) Uses involving any noxious odors or danger of fire or explosion,
including drilling for and remcving oil, gas or other hydrocarbon substances or
refining of petroleum or petroleum products or the commercial storage thereof, or
smelting of any ore, to the extent that the foregoing would have an adverse impact
on the use of any other Parcels within the Carlsbad Ranch;
(d) Uses involving excessive emission of dust, fumes, smoke, steam,
heat, vapor, noise or radiation to the extent such uses are not contained within a
structure and to the extent that the foregoing would have an adverse impact on the
use of any other Parcels within the Carlsbad Ranch;
(e) Uses involving or emitting air or water pollution or violating
applicable zoning or any other governmental laws or regulations;
(f) Except for customary access, maintenance and construction, all
business and other activities (excepting only al fresco dining which shall be
permitted) within the Central Ranch Area shall be conducted within the buildings
and other enclosures permitted thereon and there shall be no outside display or sale
of merchandise within the Central Ranch Area except as expressly permitted by this
Declaration or the Design Guidelines;
(g) Hospitals, sanitariums, health or veterinary clinics exceeding
10,000 square feet in any one instance or as other than ancillary uses within the
Central Ranch Area;
(h) Exploration or mining operations which involve surface
disruptions to the site or which otherwise interfere with the use of any other Parcels
within the Carlsbad Ranch;
(i) Waste disposal, or other dumping, incineration or reduction of
garbage, sewage, offal, dead animals or other refuse or junk yards or recycling sites;
(j) Cemeteries;
(k) Stockyard or slaughter of animals;
(1) Gambling facilities and casinos;
(m) "Adult" bookstores, movie theaters, nightclubs or other
objectionable sexually oriented facilities;
SDR2\681652-18
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(n) Jail or honor farms; and
(o) Fast food restaurants or concessions or free standing restaurants
within the Central Ranch Area.
5.3 View Corridors. In .no event shall any Improvements be constructed
encroaching into the protected view corridors described as follows:
(a) From Interstate 5 in a northeasterly direction toward Parcel 18,
depicted as View Corridor 1 on Exhibit T attached hereto;
(b) From Parcel 18 in a westerly direction over Parcels 6, 7, 8 and
toward the Pacific Ocean, depicted as View Corridor 2 on Exhibit T: and
(c) From Interstate 5 in a southeasterly direction toward Parcel 18,
depicted as View Corridor 3 on Exhibit J.
(Referred to individually as "View Corridor 1," "View Corridor 2" and "View
Corridor 3" and collectively as the "View Corridors.") The purpose of View
168?
Corridor 1 is to protect an unobstructed partial view of Parcel 18 (LEGOLAND) from
the northbound lanes of I-5, the purpose of View Corridor 2 is to protect an
unobstructed partial view of the Pacific Ocean from Parcel 18, and the purpose of
View Corridor 3 is to protect an unobstructed partial view of Parcel 18 from the
southbound lanes of I-5. The View Corridors may not be changed or materially
obstructed without Parcel 18 Owner's prior written consent.
5.4 Protection of View Corridors. In order to protect the views
contemplated by the View Corridors, the following restrictions or limitations shall be
applicable:
(a) No improvement shall exceed the higher of three (3) stories or
forty-five (45) feet in height as projected to a vertical plane, on any of the
R&D Parcels (the Parcels zoned for Research and Development/Office use (39 acres))
and Parcel 14a (the Parcel zoned for Community Hotel and Retail use (10 acres))
(collectively, the "View Corridor Parcels"). A variance in excess of any of these
limitations may be granted upon application for review and approval by the Design
Review Committee for architectural decorations only.
(b) The building pads on the View Corridor Parcels shall be rough
graded in accordance with the mass grading specifications set forth in the tentative
subdivision map covering the Research and Development/Office and Community
Hotel and Retail portions of the Carlsbad Ranch as approved by the City.
(c) Improvements on the View Corridor Parcels shall not be
monolithic in appearance or located (i.e., configured) so as to create the appearance
of a solid barrier, thereby obstructing views.
SDR2\68!652-18
20
ARTICLE VI -ENFORCEMENT
6.1 Court Action. The Association and any Owner shall have the right to
commence and maintain actions for damages or to restrain and enjoin any actual or
threatened breach of any provision of this Declaration.
6.2 Liens. In the event any Owner fails to comply with the terms of this
Declaration including, but not limited to, the assessments described in Article IV,
then the Association may take any action necessary to bring su.ch delinquent Owner
and/or lot into conformity with this Declaration. Any costs incurred by the
Association to bring the delinquent Owner and/or lot into conformity shall be
assessed to the Owner and shall be immediately due and payable upon the
delinquent Owner's receipt of the Association's written notice of assessment.
(a) Right to Enforce. The right to collect and enforce assessments is
vested in the Association. The Association can enforce the obligation of any Owner
to pay any assessment by commencement and maintenance of a suit at law or in
equity, or the Association may foreclose by judicial proceedings or through the
exercise of the power of sale pursuant to Paragraph 6.2(c) to enforce the lien rights
created. Suit to recover a money judgement for unpaid assessments shall be
maintainable without foreclosing or waiving the lien rights.
(b) Creation of Lien. If any Owner of a lot fails to pay any
assessment within thirty (30) days after receiving a written notice of assessment, the
assessment and all costs that are incurred by the Association or its authorized
representatives in the collection of the amounts, including reasonable attorneys' fees
and court costs shall be a lien against such lot upon the recordation in the Official
Records of a notice of delinquent assessment The notice of delinquent assessment
shall not be recorded unless such delinquency has not been cured within thirty (30)
days after delivery of the notice of default and demand for payment. The lien shall
expire and be void unless within one (1) year after recordation of the notice of
delinquent assessment the Association or its authorized representative records a
notice of default as provided in this Declaration or institutes judicial foreclosure
proceedings.
(c) Notice of Default Foreclosure. Not more than one (1) year nor
1688
less than ten (10) days after the recording of the notice of delinquent assessment, the
Association or its authorized representative may record a notice of default and can
cause the lot to be sold by trustee's sale (i.e., by power of sale) in the same manner
as a sale is conducted under California Civil Code Sections 2924, 2925b-2924c, or
through judicial foreclosure. However, as a condition precedent to the holding of
any such sale under Section 2924c appropriate publication shall be made. In
connection with any sale under Section 2924c, the Association is authorized to
appoint its attorney, any officer or director, or any title insurance company
authorized to do business in California as trustee for purposes of conducting the sale.
If a de inquency is cured before sale, or before completing a judicial foreclosure, the
SDR2\68l ,52-18
21
Association or its authorized representative shall cause to be recorded in the Official
Records a certificate setting forth the satisfaction of such claim and release of such
lien on payment of actual expenses incurred, including reasonable attorneys' fees, by
any delinquent Owner. The Association shall have the power to bid on the lot at the
foreclosure sale and to acquire, hold, lease, mortgage and convey the lot.
(d) Waiver of Exemptions. Each Owner to the extent permitted by
law, waives, to the extent of any liens created pursuant to this Article VI the benefit
of any exemption laws of California in effect at the time any assessment becomes
delinquent or any lien is imposed.
ARTICLE VIl -MORTGAGEE PROTECTIONS
7.1 Breach Shall Not Defeat Mortgage. A breach of any of the terms,
conditions, covenants, or restrictions of this Declaration shall not defeat nor render
invalid the lien of any Mortgage but such terms, conditions, covenants or restrictions
shall be binding on and effective against any of the parties whose title to the
1689
Property or any portion thereof is acquired by foreclosure, trustee's sale or otherwise.
7.2 Subordination of Lien and Foreclosure. Any lien created or claimed
under the provisions of this Declaratic•n is expressly made subject and subordinate to
the rights of any Mortgagee unless the Mortgagee expressly subordinates its interest,
in writing, to such lien. The foreclosure of any lien created by any provision set
forth in this Declaration for assessments shall not impair the lien of such Mortgage.
7.3 Notification of Breach and Right to Cure.
(a) Any Mortgagee, upon written request stating which Parcel(s)
is/are encumbered by such Mortgage, shall be entitled to written notification from
the Association of any default by the Owner of the Parcel(s) subject to such Mortgage
in the performance of such Owner's obligations under this Declaration or the Bylaws.
Except as provided in this Paragraph 7.3, a Mortgagee's rights pursuant to this
Declaration, including, without limitation, the priority of the lien of Mortgages over
the lien of assessments levied by the Association hereunder shall not be affected by
the failure to deliver a notice to the Board.
(b) Any Mortgagee shall have the right, but not the obligation, to pay
any assessments, to make any repairs and improvements, and to do any act or thing
which may be necessary and proper to be done in the performance and observance of
the agreements, covenants and conditions hereof to prevent or cure a breach or
default by an Owner under this Declaration and shall be as effective as the same
would have been if made, done and performed by the Owner instead of by the
Mortgagee.
7.4 Estoppel Certificate. The Association shall, at the request of any Owner
or Mortgagee, furnish to such requesting Owner and/or Mortgagee a certificate in
SOR2\681652-18
22
writing signed by an officer of the Association stating (i) the nature and extent of
assessments to which the Owner's Parcel is subject, the due dates thereof, and
whether or not any delinquency exists; and (ii) whether or not, to the actual
knowledge of the Association, the Owner is in compliance with its obligations under
this Declaration.
ARTICLE VIII -BINDING EFFECT, DURATION FUTURE AMENDMEN1S
This Declaration may be amended by the consent of the Owners of more than
two-thirds (2/3) of the total number of votes allocated to all of the parcels comprising
the Property. In addition to the foregoing, Articles m, XI and XII of this Declaration
may not be amended or revoked without the prior written consent of the City of
Carlsbad Planning Director.
The covenants, conditions and restrictions set forth in this Declaration shall
run with the land and shall be binding on all parties and all persons claiming under
them for a period of thirty (30) years from the date this Declaration is recorded.
Thereafter, this Declaration shall be automatically extended for successive periods of
ten (10) years unless the Association records a document changing the duration of
this Declaration.
ARTICLE IX -NOTICES
All notices and deliveries provided for herein shall be in writing and deemed
to have been given or made when personally delivered or mailed, postage prepaid,
addressed to the receiving party at an office where it conducts business, or such
other p1ace as the parties may designate in writing from time to time for such
purpost. Notice to the Association shall be delivered to the Association's principal
place oJ business as filed with the Secretary of State of the State of California.
ARTICLE X -NOTICE OF DEED RESTRICTION
Notice is hereby given to all current Owners and prospective owners of
property within the Carlsbad Ranch that Parcel 1 of the Carlsbad Ranch (also known
as the Flower Fields Planning Area in the New Specific Plan) and more particularly
described in Exhibit E attached hereto and incorporated herein, is subject to a deed
restriction which limits its use to flower production. The provisions of such deed
restriction are fully contained in that certain Deed Restriction recorded in the Official
Records on July 10, 1996, as Document No. 96-0343957.
ARTICLE XI -NOTICE OF AGRICULTURAL USE
Owners of property within the Carlsbad Ranch are hereby notified that certain
areas v. ithin the Carlsbad Ranch are currently used for agricultural purposes. As
such, such areas produce dust, pesticides and odors associated with farm operations.
Any Owner of a Parcel adjacent to land used for agricultural purposes shall notify
SDR2\6&1652-18
23
1690
1691
any of such Owner's tenants (other than any tenants pursuant to a lease for a term of
less than thirty (30) days) of the foregoing and that such property is occupied at the
occupier's own risk.
ARTICLE XII -NOTICE OF PROHIBmON AGAINST REMOVAL OF NATIVE
VEGETATION AND DEVELOPMENT OF PARCEL 16
Owners of property within the Carlsbad Ranch are hereby notified that the
removal of native vegetation and development of Parcel 16 (Open Space) is
specifically prohibited (other than as approved as part of a grading plan,
improvement plan, biological revegetation program, landscaping plan or the
Amended Specific Plan), except upon written order of the City of Carlsbad Fire
Department for fire prevention purposes or upon written approval of the Qty of
Carlsbad Planning Director and California Coastal Commission based upon a request
from the Association accompanied by a report from a qualified arborist or botanist
indicating the need to remove specifically identified trees and/or plants because of
disease or impending danger to adjacent structures. If any such request includes area
containing native vegetation, the report required to accompany the request must be
prepared by a qualified biologist.
ARTICLE XIII -COPIES OF DOCUMENTS
Upon the transfer of any lot within the Property, or upon the ground leasing
of any such lot, the transferor shall deliver a copy of this Declaration as may be
amended to the date of such transfer to the transferee or lessee. Within thirty (30)
days after such transfer, such transferee shall deliver written notice thereof to the
Association and the failure of the transferee to deliver written notice thereof shall not
invalidate this Declaration or make it unenforceable as to such transferee.
ARTICLE XIV -COUNTERPARTS
This Declaration may be executed in any number of identical counterparts,
each of which shall be deemed to be an original, and all of which together shall be
deemed to be one and the same instrument when each party has signed one such
counterpart.
ARTICLE XV -GENERAL PROVISIONS
15.1 Definitions. The following defined terms shall have the following
meanings:
(a) "Articles" means the Articles of Incorporation of the Association
which are or shall be filed in the Office of the California Secretary of State, as
amended and supplemented from time to time.
SDR2\68!6S2-IB
24
l69z
(b) "Assessment" means certain costs of the Association to be paid by
the Owner of each Parcel, as determined by the Board pursuant to Article IV.
(c) "Association" means the Carlsbad Ranch Maintenance
Association Il, a California nonprofit mutual benefit corporation
(d) "Board" or "Board of Directors" means the Board of Directors of
the Association, as the same may be constituted from time to time.
(e) "Bylaws" means the Bylaws of the Association, as amended and
supplemented from time to time.
(f) "Central Ranch Area" means the portion of the Carlsbad Ranch
designated as Parcels 1, Sb, 9, 10, 11, 14a, 14b and 15 in the Site Plan
(g) "City" means the City of Carlsbad, California, a municipal
corporation
(h) "Landscape Maintenance Area(s)" means the Landscape
Maintenance Areas shown on Exhibit H as slope a,:ea, detention/ desiltation basin
area, parkway area, median area, trail area, open space area, promenade area and
promenade wall, and any bus shelters, and any other portion of the Property or off-
site areas over which all Owners and/or the Association have rights or obligations of
use, beneficial enjoyment or maintenance obligations pursuant to the terms of this
Declaration or the conditions of approval of the Final Map, or any other
governmental approval affecting the Property. The location of the initial Landscape
Maintenance Areas within the Property subject to this Declaration are identified on
Exhibit H. The Landscape Maintenance Areas indicated on Exhibit H may be
modified from time to time to change the location or configuration thereof or to
reflect the requirements of the City or other governmental authorities by recordation
of a Supplemental Declaration unanimously approved by the Board or adopted by
amendment to this Declaration.
(i) "Member" means every Owner who is a Member of the
Association pursuant to Article II.
(j) ''Mortgage" means any mortgage or deed of trust made in good
faith and for value which is secured in whole or in part by an Owner's interest in its
Parcel.
(k) "Mortgagee" means any holder of a beneficial interest under any
Mortgage.
(1) "Owner" means the record owner, whether one or more Persons,
of fee simple title to any Parcel or Parcels within the Property, including Declarant,
SDIC2\6816S2-18
25
but excluding those holding such an interest merely as security for the performance
of an obligation.
(m) "Person" means a natural person, a corporation, a limited liability
company, a pa,rtnership, a trustee, or other legal entity.
(n) "Project Documents" means this Declaration, the exhibits attached
hereto, the Articles and the Bylaws, all as amended or supplemented from time to
time.
(o) "Property" means all of the of real property, including all
facilities and Improvements located thereon, which is hereby subjected to this
Declaration. The Property is also referred to herein as the Carlsbad Ranch.
15.2 A$$ignment of Declarant's Rishts and Duties. Any and all of the rights,
powers and reservations of Declarant set forth herein may be assigned to any Person,
provided such assignee agrees in writing to accept such assignment and to assume
the duties of Declarant pertaining thereto. An assignee may succeed to the same
rights, powers and reservations and be subject to the same obligations and duties as
are herein given to and assumed by Declarant, as a successor Declarant, provided
such assignee: (i) holds or acquires record title to all or any portion of the Property;
and (ii) Declarant (or a successor Declarant) executes and records a document which
expressly names such party as successor Declarant and assigns the rights and duties
of Declarant hereunder. Notwithstanding any provision of this Declaration to the
contrary, Declarant a,.ay, at any time, relieve itself of its rights and obligations under
this Declaration by recording a notice stating that Declarant has surrendered such
rights and obligations and, upon recordation of such notice in the Official Records,
even if it is not specified therein, such powers and obligations shall immediately vest
in the Association. If at any time Declarant ceases to exist and has not made such an
assignment, the rights and obligations of Declarant shall automatically vest in the
Association.
15.3 Common Interest Subdivision. It is intended that California Civil Code
Sections 1351, Et Seq. apply to this Declaration and the Carlsbad Ranch to the extent
required by law. To the extent California Civil Code Section 1351, Et Seq. is
applicable, the Carlsbad Ranch shall be a planned development type of common
interest subdivision.
15.4 Effective Date. This Declaration shall be effective against the Property
as of the date upon which it is recorded in the Official Records, but the provisions of
Articles m and IV shall only become applicable at such time as Parcel 18 of the
Carlsbad Ranch is conveyed to LEGO. Prior to the conveyance of Parcel 18 to LEGO,
any assessments shall be controlled by the First CC&Rs. After the conveyance of
Parcel 18 to LEGO, this Declaration shall amend and modify the First CC&Rs to the
extent that any confli,ct between the two exists. Notwithstanding the foregoing, if
Parcel 18 is not conveyed to LEGO on or before December 31, 2000, the effectiveness
SOR2\681652-18
26
1693
1695
By signing below, the following Owners hereby consent to this Declaration.
DATED: , 1997.
DATED: __ __, 1997.
DAT.ED: __ __, 1997.
DATED: __ __, 1997.
SDR2\681652-18
ES, a California corporation
NATIONAL ASSOCIATION OF MUSIC
MERCHANTS, INC., a New York not-for-profit
corporation
By: ---------------Larry R Linkin, President/CEO
CARISBAD ESTATE HOLDING, INC., a California
corporation
By: ---------------Print Name and Title: _________ _
CRAIG REALTY GROUP -CARISBAD, LLC., a
California limited liability company
By: ---------------Print Name and Title: _________ _
28
1696
By signing below, the following Owners hereby consent to this Declaration.
DATED: ___ 1997.
DATED: t/-, / -. 1997.
DATED: ___ 1997.
DATED: ___ 1997.
SDR2\681652-18
CB RANCH ENI'ERPRISES, a California corporation
By: ----------------Christopher C. Calkins, Vice President
NATIONAL ASSOCIATION OF MUSIC
MERCHANTS, INC., a New York not-for-profit
corporation •
By, !&i?J ~CEO
CARISBAD ESTATE HOLDING, INC., a California
corporation
By:
Print Name and Title: __________ _
CRAIG REALTY GROUP -CARLSBAD, LLC., a
California limited liability company
By: ----------------Print Namf: and Title: __________ _
28
169'1
By signing below, the following Owners hereby consent to this Declaration.
DATED: --~ 1997.
DATED: --~ 1997.
DATED:.M-2U . 1CXl7.
DATED: --~ 1997.
SDR2\681652-18
CB RANOI ENTERPRISES, a California corporation
By: ----------------Ouistopher C. Calkins, Vice President
NATIONAL ASSOCIATION OF MUSIC
MERCHANI'S, INC., a New York not-for-profit
corporation
By: ----------------Larry R. Linkin, President/CEO
CARISBAD ESTATE HOLDING, INC., a California
corporation
"J:. ::!::::ts!~
CRAIG REALTY GROUP -CARLSBAD, LLC., a
California limited liability company
By: ---------------Print Name and Title: __________ _
28
1703
E'A.~CEL •a• (J\D.rosni; l'ORT!ON LOT H AND LOT 8)
SEtNG A E'ORTION OF LOT H OE' MAP NO. 823_ l\ND A E'ORTtON OF LOT a OF
MAP 13078, ANO ADJACENT TO MAE' NO. 'S 13078 AND l32l5, .!N THI:: CITY
OF CARLSBAD, COUNTY OF SAN OIECO, STAT.: OF CALIFOR.'fIA. RSCO.!U>ED IN
THE OFl-'ICE OF.•THE COt'NTY RECORDER OF SM: DIEGO COtINTY, BEING MORE
PMTict1t.A.~Y DESCR.LBED AS FOl:.LOWS:
BEGINNING AT THE SOCTHllSTB!W CORNER OF PO!l.nON OF SAID LOT H.
THENCE sotlTR 70°45'09" IP'..sT 584. 73 FEET TO THE BEGINNING OF A
TANGmlT l9SO FOOT RADIOS c:oavs CONCA.VE 'tO THE NORTH, TIG. RADIAL TO
SAID E'OOl'r BEARS SOOT!l: l.9°l.4'5l." EAST; THENCE lra.STEJU.Y ALONG nra
AllC OF SAID CO'RVE TM1(0tJ'GK A CEN't'lU\1, ANGI.S OF l.8°12'55• A DISTANCE
OF 61!1.94 Fh'r; THENCE NORnt 2°ll'13" W"'-ST 16.96 FSET TO A POlllT ON
nm NORTHERLY RIGtrr-OF-WAY LINE OF PALOMAA AIRPORT ROAD, AS SBOWN
ON SA.ID MAl' NO. 13215; THJ::NO: CONTINt1DlG ALONG SAID RIGRT•OP•WAY.
NORTH 84°55'38" WEST 120.36 FEET TO 'l'H2 BEGINNING OF A TllNC:ENT 2175
FOOT RAIJLOS CURVE CONCAVE TO THE NORTE, Tim RACIAL TO SAID POINT
SEJ>JtS SOOTH oo•ss· 35• WEST; ''rHEN'CE RESTERLY AT,ONG THE l\RC OF Sl\ID
CORVE TKROUCH A CENTRAL ANGLE 01? 01°13'28" 46.48 FEET; THENCE NOR.TH
87°50'57" WEST 239,31 fEET TO THE BEGINNlNC OF A T.P.Nm:NT 25 FOOT
R.ADI'CS CORVE CO!l'c:AVE TO THE BAST, niE RADIAL 'IO SAID l?OINT BWIRS
SOOT'!£ 02"09'03" EAST; THENCE LEAVING TK2 SAID IUGBT-OF•WAY OF
PALOMAR AIRPORT 'ROAi>, WESTERLY AND NORTHERLY ALONG THE ARC OF SAID
COR.VE T!mOtlml A CENTRAL ANGI.13 OF 90°00' oo• A IJJ:STIWCB OF 39.27 F2£T
TO A l?OINT ON THE EASTJ!Rt.'( RIGBT•OF-WA'l LINE OF .MMADA OR:tVE AS
SROWN ON' SAID HAP NO/. 13215; THENCE! NOllTH 02°09'03" EAST 109.71 :
FEET TO '1'HB BEGINNING OP A TANGENT 609 FOOT RADIUS CORW CONCAVE TO
THE EAST, TSE l!.ADIAL TO SAID POINT BEARS NORTH 87°.50'57" NEST;
THENCE NORTHD.LY ALONG THE ARC OF SAID CORVE THROOOH A CENTRAL OF
11°36'42" A DIST:ANCB OF 123.42 FEET; 'rHENCE NOlt'?H 13•45•45• EAST
87. 97 Rn TO THE BEGINNING OF A T.ANGENT 731 FOOT RAOit!S ctlRVE
CONCAW TO THE WEST, THE RADIAt, TO SAID POTNT BEM.S SOOTH 76°14'15"
EAST; THENCE, NOR'lllE!UiY ALONG THI? ARC OF SAID CURVE THROtJGH A
CENTRAL ANGLE OF 3l.•S0'4l." A DISTl\NCE OF 406.2, FEET; THENCE
PAGE 3• OP 6
(
PMCEL "C • (AOJtl'STED LOT 8 J
BEING A E'ORTroi-r OF LOT s OF MAS> NO. 1301s AND A ~RTION or LOT If OF
MAP NO 823, IN nra CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STAl'E OF
OU.IFORNIA, Bot'B RECORDED IN nm OFFICE OF nm COObrr'! RECORDER OF
SAN DIEGO COmlT't I BEING MORE li'AATICO'LARL'! D:ESC::S.IBSD AS FOLLOWS:
BEG:tmn:NG A:r THE NORTHEAST CORN?:R OF SAIC LOT 8; THENCE SOOTH oo•
03'3lw WEST 14.65.19 FEET; nra:NCE NORTH 89° 56'29° lolEST 120.00 F'Sl::T;
Tm:NCZ SOtJ'l'H 00°03'l1" WEST 160.00 FUT; nmNa SOO"l:ll 89°56'29•
~ 120.00 FEET; THENCE SOO'ffl 00°03'31." NB.ST l.10.00 FEET; THENCE
SOlTnI 00°01.'34• WEST 619.1'/ FEET T0 THE BEGINNING OF A NON-TANGENT
31.S FOO'r RADIOS am.vs CONCAVE TO 11m NOR.TEAST, THE RADIAL TO SAID
POil'IT BEARS SOOTK 01•21•1e• llrEST; THENCE WESTERLY ALONG THE ARC OP
SAID C'ORV1:: TKROOGll A CENTRAL .ANGLE. OF 70°42' 12° A DISTANCE OF . .
3,2.41 FEET; THENCE NOR.TH 11•s·s•30• WEST 187.85 fe:.I TO THE
BF.GDINING OF A TAN'GZNT 554 FOOT CtlRVE CO.Nel'.VE: TC nlE SOllTHWEST, THE
RADIAL TO SAID POINT BEARS Noanr 72°03' 30" EI\ST; THE!l!CE WESTERLY
ALONG TBE AAC: OF SAID c::tJRVE THROOGH A CDITaAl. JINGLE OF 44°14' 57• A
DISTANCE OF 427.85 FEET; THENCE NOR.'l'H 62°11'27• WEST 4S7.46 FEET TO
THE BEGDINING OP A TANGl".NT 415 FOOT RADIOS etm.VE CONCAVE TO THE
.SO.rrmi'EST, TEIE RACIAL TO SAID POINT BEARS NOR.'I'H 27°50'41" EAST;
THENCS W%STERI.Y ALONG,: TBE ARC OF SAID CORVE THROOGH A CENTRAL ANGLE
OF 27°49'07" A DISTANCF. OF 201..49 FKF.T; THENCB NORffl a,·sa·2s• WEST
868.60 PEET; 'I'HE!!l'CE NORTH 07°00'26° W!3ST 1001.59 FEET; TKENCE NORTH
70°3S•so• 'WRST 4S4.43 Y~ET TO THE BE.GINNING OF A NON-TANGENT 615
FOOT RADIUS COIi.VE CONOWE TO THE EAST, SAio POINT BEINC ON TEiE
.EASTERLY RIGHT-OP-WAY LINE OF ARMADA DR.IVE, AS SHOWN ON SAm MAP
NO. 13078, THE RADIAL TO SAID POINT BEARS SOCTH 82°01'37" WEST;
PAGE /? O'f' 6
1705
..
nraNC'i ALONG SAIO RIGHT·OF-WJ>,t l'fORT!fEiU.Y A.1.Ct-G ~ ARC O? SAID
ctnlVE TRROC/GH A CENTRAL ANGLE OF ll0 05'07" A o.:s-r.i.:1c:: o. 140,'15
FEET; nGNCS: NOR'tK os•as'44" !AST 190.00 RJ::T TO A PO!blT Ol!. Tim
NOR'OmRt.Y BOIJNlJAAY O, SAID LOT 8 ANO U:AVING "no"ll: SAI:l R!GitT-OF-W;,.y
OF ARHADA ORIV.S; THENCE SOOTK 114•Sl'l6" EAST l-'136.2& FElIT TO T:iE
BEGtmrING OE' A TANGENT 2000 FOOT RADIOS c:ml\/1:: CONO.V.: TO Tira NORTH,
n!E RAD.tAI. TO SAIC POINT BEARS SOOTH 05°06' 14• WEST; THENCE:
D,S,:-~y ALONG THE A."!C OF SP.ID ctJRV:: TMR.OOGH A CEN"J:l'.A!. ANGLE OF
~ 13°48'04" A DISTANCE OF 48:..75 FEET: nmNCE NORT!i 81°l8''l0" EAST
322,18 n:ET 'tO Tm: POINT OF BEGINNING.
PAGE 6 OF 6
•
1706
EXHIBIT A
L.E:GAL DESCR!?T!ON FOR THE "CARLS3AD ::t.J,,:.'ICH ?ROJE:CT"
PARCEL A:
1707
Lots 3,4,S,6,7 and 8 of Carlsbad Tract No. 94-09, Carlsbad Ranch
Ur.it l, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 133S7, filed in the Office
of the County Recorder of _San Diego County, Se:;,tember ll, 1996.
PARCEL A-l:
Lot 3 of Carlsbad Tract No. 92-7 (Carlsbad Tract: No. 92-7 (Carlsbad
Ranch Onit land 2) in the City of Carlsbad, County of San Diego,
State of California, according t:o Map No. 13078, filed in t:he
Office of the Count:y Recorder of San Diego County, December 28,
1993.
Parcel B:
Lots 12, 13 and -14 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 3), in the City of Carlsbad, County
. of San Diego, State of Califomia, according to Map thereof No. 13215, filed in the Office of the County
Recorder of San Diego County, June 30, 1995.
Together with those portions of Armada Drive, all of Fleet Road and all of Sound Street. as
vacated by Resolution No. 967277 of the City Council of the City of Carlsbad recorded
September 11, 1996 as Document No. 96-463215of Official Recor-ds, adjoining said Lots 12
and 13. •
Parcel C:
All of Lot 7 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 21. in the City of Carlsbad,
County of San Diego. State of Califomia, according· to Map thereof Ne. 13078, filed in the Office of
the County Recorder of San Diego County, December 28, 1993, and a portion of Let H cf Rancho Agua
Hedionda, in the Oty of Carlsbad, County of San Diego, State of California, according to Map thereof
No. 823; filed in the Office of the Councy Reccrd11r of San Diego Councy, November 1 6, 1896, being
more particularly described as a whole as follows: •
Beginning at the Northeasterly comer of said Lot 7; thence South 07°00'26" East 1001.59 feet to the
Northerly boundary of the land described in Parcel B in Deed to Carlsbad Estate Holding Inc., recorded
October 24, 1995 as Document No. 1995-0479825 of Official Records; thence along said boundary
North 89° 58'26" West 23.46 feet to a point on the future Westerly right of way line of Lego Drive,
as shown on the Tentative Map for CT 94-09; thence South 00•01•34• West 134.39 feet to another
paint on the future right of way line of Lego Drive;-thence Sq_i,th.57°30'28" West 571.84 feet to the
Easterly boundary af Carlsbad Tract No. 92-7, according to Map No. 13215, filed in the Office of the
County Recorder of said Collnty; thence along said Easterly boundary; thence North 22°29'22" West
414.44 f11et to an angle point in the Southerly boundary of said Lot 7; thence along said boundary
North 55°44•21 • West 2n.47 feet to a point In a non tangent 624 foot radius curve concave to the
East said point being on the Easterly right of way fine of Armada Drive, as shown on said Map 13078,
the radial to said point bears North 55°44'21" West; thence Northerly along the arc of said curve
through a central angle of 13•51 •45• a cf'istance of 150.97 feet; thence North 48°07'24" East 110.60
feet to the beginning of a tangent 71 6 foot radius curve concave to the West, the radial to said point
bears South 41 •52•35• East; thence Northerly along the arc: of said curve through a centrarangle of
58°07'24" a distance of 726.34 feet; thence North 10°00'00" West 94.40 feet to the beginning of
a tangent 615 foot radius curve concave to the East, the radial to said point bears South 80°00'00"
West; thence along the arc of said curve through a central angle of 02°01'37" a disrance of 21.76 feet
to a point being the Northwest comer of said Lot 7; thence leaving the Easterly right of way line of
Armada Drive, non-tangent to said curve South 70°35'50" East 454.43 feet to the Point of Beginning.
Excepting therefrom that portion lying within Carlsbad Tract No. 94-09, Map No. 13357.
1708
Parcel Il:
That portion of Lot 8 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 21 in the
City of CarlsbaC:, County of San Diego, State of California, according to Map No. 1 3078, filed
in the Office of the County Recorder of San Diego County, December 28, 1983 and a portion
of Lot H of Rancho AQua.Hedionda, in the City of Carlsbad. County of San Diego, State of
California, according to Map thereof No. 823, filed in the Office of the County Recorder of San
Diego County, November 16, 1 896, being more particularly described as a whole as follows:
Beginning at the Northeast corner of said Lot 8; thence South 00°03'31 "West 1465.19 feet;
thence North 89°56'29" West 120.00 feet; thence South 00°03'31" West 160.00 feet:
thence South 89°56'29" East 120.00 feet; thence South 00°03'31 • West 110.00 feet;
thence South 00°01 '34" West 619. 17 feet to the Northeasterly corner of the land described
in Parcel Bin deed to Carlsbad Estates Holding, Inc., recorded October 24, 1995 as Document
No. 1995-0479825 of Official Records being a point in the arc of a non-tangent 318 foot
radius curve concave to the Northeast, the radial to said point bears South O 1 ° 21 '1 a• West;
thence Westerly along the arc of said curve through a central angle of 70°42'12" a distance
of 392.41 feet; ,hence North 17° 56'30" West 187.65 feet to the beginning of a tangent 554
foot radius curve concave to the Southwest, the radial to said point bears North 72 °03'30"
East; thence Westerly along the arc of said curve through a central angle of 44• 14'57" a
distance of 427.85 feet; thence North 62°11'27" West 457.46 feet to the beginning of a
tangent 415 foot radius curve concave to the Southwest, the radial to said point bears North
27°50'41" East; thence Westerly along the arc of said curve through a central angle of
27°49'07" a distance cf 2Q.1 .49 feet; thence North 89°58'26" West 868.60 feet to the
Southerly prolongation of. the Easterly line of Lot 7 of said M_ap No. 13078; thence to and
along said Easterly line North 07°00'26" West 1001.59 feet: thence continuing along the
boundary of said Lot 8 North 70° 35'50" West 4:i4.43 feet to the beginning of a non-tangent
615 foot radius curve concave to the East, said poi_nt being on the Easterly right of way line
of Armada Drive, as shown on said Map No. 13078, the radial to said point bears South
82°01 '37"West; thence along said right to way Northerly along the arc of said curve through
a central angle of 13°05'07" a distance of. 140.45 feet .. tbence North 05°06'44" East 190.00
feet to a point on the Northerly boundary of said.Lot 6 and leaving the said right of way of
Armada Drive; thence South 84° 53' 16" East 1836.26 feet to the beginning of a tangent 2000
foot radius curve concave to the North, the radial to said point bears South 05 °06'44" West;
thence Easterly along the arc of said curve through a central angle of 13 °48'04" a distance
of 481. 75 feet; thence North 81 ° 18' 40" East 322. 1 8 feet to the Point of Beginning.
Excepting therefrom that portion lying within Carlsbad Tract No. !:1409, Map No. 13357.
Parcel F.:
Tr at portion of Lot H of the Rancho Agua Hedionda, in the City of Carlsbad. County of San
Di ,go, State of California, as shown on the Partition Map thereof No. 823, filed in the Office
of the County Recorder of San Diego County. November 16, 1896.
Together with a portion of Lot 8 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 ), in the
City cf Carlsbad, County of San Diego, State of California, according to Map thereof No.
13078, filed in the Office of the County Recorder of San Diego County, on December 28,
19.J3, being more particularly described as a whole as-fol!ows:
Beginning at the Southeastern corner of that portion of said Lot H as shown on Record of
Survey Map No. 13995 filed in the Office of the County Recorder of said County; thence along
the Southerly line.of said Record of Survey Map so·uth.70°45'09" West, 584.73 feet to ttie· •
beginning of a tangent 1 950 foot radius curve to the North, the radial to said point bears
South 1 9° 14'51" East; thence Westerl_y·along the arc of said.curve through a central" angle
1709
of 1 a• 12'55" a distance al 619.94 feet to the Southeasterly corner ot Carlsbad Tract 92-7
{Carlsbad Ranch Unit 3), according to Map thereof No. 13215, filed in the Office ot the
County Recorder of said County; thence North 2 • 13' 13• West 16. 96 feet to a point on the
Northerly right of way line of Palomar Airport Road, as shown on said Map No. 13215; thence
continuing along said right of way, North 84°55'38" West 120,36 feet to the beginning of
a tangent 21 75 foot radius curve concave to the North, the radial to said point bears South
00•55•35• West; thence Westerly along the arc of said curve through a central angle of
01 • 13'28" 46.48 feet; thence North 87°50'57" West 239.31 feet to the beginning of a
tar.gent 25 foot radius curve, concave to the East, the radial to said point bears South
02 '09'03" East; thence leaving said right of way of Palomar Airport Road and continuing
ale,.,g the boundary of said Map 13215 Westerly and Northerly along the arc of said curve
through a central angle of 90°00'00" a distance of 39.27 feet to a point on the Easterly right
of way line of Armada Drive as shown on said Map No. 13215; thence North 02°09'03" East
103.71 feet to the beginning of a tangent 609 foot radius curve, concave to the East, the
radial to said point bears North 87°50'57" West; thence Northerly along the arc of said curve
through a central angle of 11 °36'42"a distance of 123.42feet; thence North 13 °45'45"East
87 .!~7 feet to the beginning of a tangent 731 foot radius curve. concave to the West. the
raa,al to said point bears South 76~ 14'15" East; thence Northerly ·atong the.arc of said-curve
through a central angle of 31-0 50'41" a distance of 406.29 feet; thence leaving said right of
way line of Armada Drive, North 63°50'20" East 89.19 feet; thence North 18°27' 12" East
747.00feet to a point on the Southerly right of way line·of Fleet Road as shown on said Map
No. 13215' thence North 24°47'30" West 66.00 feet to a point the Northerly right of way
line of Fleet Road; said point being the beginning of a non-tangent 270 foot radius curve,
co;icave to the North, the radial to said point bears South 24°47'30" East; thence along said
right of way line, Westerly along the_ arc of said curve through a central angle of 42°32'30"
a distance of 200.47 feet; thence North 72° 15'00" West 805.82 feet to the beginning of a
tangent 330 foot radius curve,-concave to the South, the radial to said point bears North
17°45'00" East; thence Westerly along the arc of said curv.e through a central angle of
12° 19'25" a distance of 70.98 feet; the'nce leaving said right of way North, 22 °29'22"West
870.43 feet; thence North 67°30'38" East, 571.84 feet to a point on the future Westerly
right of way line of Lego Drive as shown on the Tentative Map for CT 94-09; thence along
said future right of way line North 00°01 '34" East 134.39 feet; thence leaving said future
right of way line South 89°58'26" East 892.06 feet to the beginning of a tangent 415 foot
radius curve, concave to the South, the radial to said point bears North 00°01 '34" East;
thence Easterly along the arc of said curve through a central angle of 27°49'07" a distance
of 301.49 feet; thence South 62 ° 1 J '27" East 457 .46 feet to the beginning of a tangent 554
foot radius curve, concave to the South, the radial to said point bears North 27°48'33" East;
thence Easterly along the arc of said curve through a central angle of 44° 14'57" a distance
of 427.85 feet; thence South 17°56'30" East 187.85 feet to the beginning of a tangent 318
foot radius curve, concave to the North, the radial to said point bears South 72°03'30"West;
thence Easterly along the arc of said curve through a central angle of 70°42'12" a distance
of 392.41 feet to the Easterly line of said portion shown on Record of Survey Map No. 13995;
thence along said Easterly line South 00°01 '34"West 1713.36feet to the Point of Begi,1ning.
..
1710
Parcel F:
That portior. of Lot "G" of the Rancho Agua Hedionda, in t'ie City of Carlsbad, County of San
Diego, State of California. as shown on the Partition Map thereof No. 823, filed in the Office
of the County Recorder of San Diego County, November 16, 1896, described as follows:
Beginning at Corner No. 12 of said Lot "G" of the Rancho Agua Hedionda, according to said
Partition Map thereof No. 823 and shown on Record of Survey Map No. 5715. filed in the
Office of the County Recorder of San Diego County; thence along the Northerly line of said
Lot "G", North 70°56'06" cast -record North 71 °25' East 406.80 feet; thence leaving said
Northerly line along the center line of a 66 foot easement reserved for roadway and utility
purposes as shown on said Record of Survey Map No. 5715 South 1 ° 20'35" West 1 053.08
feet to the beginning of a 1000 foot radius curve, concave Easterly; thence Southerly along
said curve 430.81 feet through an angle of 24°41 '(13"; thence tangent to said curve South
23°20'28" East 183.62 feet to the beginning of a tangent curve concave Westerly; thence
Southerly along said curve 339,94feetthrough an angle of 19°28'38";thence tangent to said
curve South 3 • 51 '50" East 335. 70 feet to the center line of Road Survey No. 1 534, filed in
the Office of the County Surveyor of said San Diego County; thence along the center line of
said Road Survey South 70° 12'37" West South 70°45'53" West per Road Survey No. 1534
-631.92 feet to the Southwest corner of said Description No. 2 as shown on said Record of
Survey Map No. 5715; thence along the Westerly line of said Description No. 2, North
0° 31 '16" West 2385.97 feet to the Point of Beginning.
1711
EXHIBIT A-1
SITE PLAN OF CAR1$BAD RANCE
SDR2\681652-18
1713
EXHIBITB
LEGAL DESCRIPTION FOR
"CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED
PARNERSHIP" OWNERSHIP
Parcel A:
Lots 3,4,5,6 and 7 of Carlsbad Tract No. 94-09, Carlsbad Ranch Unit
No. l, in the City of Carlsbad, County' of San Diego, State of
California, according to Map thereof No. 13357, • filed in the office
of the County Recorder of San Diego County, September 11, 1996.
Parcel B:
Lots 12, 13 and 14 of Carlsbad Tract No. 92-7 ICarlsbad Ranch Unit 31, in the City of Carlsbad, Coun,:y
. of San Diego, State of California, according to Map thereof No. 13215, filed in the Office of the Coun,:y
Recorder of San Diego County, June 30, 1995.
Together with those portions of Armada Drive, all of Fleet Road and all of Sound Street. as
vacated by Resolution No. 96-277 of t,"le. City Council of the City of Carlsbad recorded
September 11, 1996 as Document Ne. 96-463215of Official Records. adjoining said Lots 12
and 13. --..
Parcel C:
AU ot Lot 7 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), in the C°Jty of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 13078, filed in the Office of
the County Recorder of San Diego County, December 28, 1993, and a portion of Lot Hof Rancho Agua
Hedionda, in the City of Carlsbad, Coun,:y of San Diego, State of California, according to Map thereof
No. 823, filed in the Office of the County Record~r of San Diego County, November 16, 1896, being
more particularly described as a whole as follows: •
Beginning at the Northeasterly corner of said Lot 7; thence South 07°00'26-East 1001 .59 feet to the
Northerly boundary of the land descn'bed ii) Parcel B in Deed to Carlsbad Estate Holding Inc., recorded
Dc:tober 24, 1995 as Document No. 1995-0479825 of Official Records; thence along said boundary
North 89°58'26-West 23.46 feet to a point on the future Westerly right of way line of Lego Drive,
as shown on the Tentatr,e Map for CT 94-09; thence South 00°01'34" West 134.39 feet to another
point on the future right of way line of Lego Orive;-thence Sq141ui7°30'38" West 571.84 feet to the
Easterly boundary of Carlsbad. Tract No. 92-7, according to Map No. 13215, filed in the Office of the
County Recorder of said County; thence along said EaSterly boundary; thence North 22 °29'2i-West
414.44 feet to an angle point in the Southerly boundary of said Lot 7; thence along said boundary
North 55o44•21-West 277.47 feet to a point in a non tangent 624 foot radius curve concave to the
East said point being on the Easterly right of way line of Armada Drive, as shown on said Map 13078,
the radial to said point bears North 55°44'21" West thence Northerly along the arc of said curve
through a central angle of 13°51'45" a distance of 150.97 feet; thence North 48°07'24" East 110.SO
feet to the beginning of a tangent 716 foot radius curve concave to the West, the radial to said point
bears South 41 °52'36" East; thence Northerly along the arc of said curve through a central ·angle of
58°07'24" a distance of 726.34 feet; thence North 10°00'00" West 94.40 feet to the beginning of -
a tangent 615 foot radius curve concave to the East, the radial to said point bears South 80°00'00"
West; thence along the arc of said curve through a central angle of 02°01'37" a diStance of 21.76 feet
to a point being the Northwest comer of said Lot 7; thence leaving the Easterly right of way line of
Armada Drive, non-tangent to said curve South 70 ° 35'50" East 454.43 feet to the Point of Beginning.
Excepting therefrom that portion lying within Carlsbad Tract No. 94-09, Map No. 13357.
EXIIlBITC
THE GIA PARCELS
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, Ai.'ID IS DESCRlBED AS FOLLOWS:
BEING ALL OF LOTS 5 AND 6 OF CARLSBAD TRACT NO. 92-7, CARLSBAD
RANCH UNIT 1 AND 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
ST A TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13078, FILED IN
THE omcE OF TirE COUNTY RECORDER OF SAi'f DIEGO COUNTY
DECEJ.\1BER 28, 1993 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
1714
BEGI?l?lmG AT THE NORTHEAST CORNER OF SAID LOT 5, SAID POl:Nr BEING THE BEGINNING
OF A 72S. 00 FOOT RAO:ros CORW, CONCAVE TO nm EAST, A IUll)IJU. LIN=: TO SAIi) POINT
BaARS SOCTH 83° 29'02" WEST; THDlCS Sotm!El!LY ALONG T!!Z EASTERLY LOT LINE OF
SAID LOTS S AND THE ARC OF SAID ctm.VS TIIROO'GH A CnmtAL A.'iGI.£ OF OJ• 29' 02" A
DISTANCE OF 44 .08 FEET; TIISNCS CONTINCIING ALONG nm .:;,.sn;;u,y LOT LIN£ OF SAID
LOTS SAND 6 THI! FOLLOWING: SOCT!I 10• 00' oo• EAST, 105.60 FEET TO THI!
BEGINNING 0? A TJ.NGE?lT 624.00 FOOT RADIUS CCJRVE, CONC:..11E TO THE WEST; THENCE
SOll'n!ERLY ALONG nm ARC OF SAID CDltW TIIROlJGH A CE.'ITJ!AL ANGLE OF 58° 07' 24• A
DISTANCE OF 633.01 FEET; Tlln!CE SOOTH 48° 07' 24" WEST, 89.40 FEET TO nm
SEGil!lNDIG OF A TAIIGSNT 716. 00 FOOT RAD:ros ctJRVE, CONCAV.: TO THE SotJTltEAST;
THENCE SOOTKIIESTEtU.Y AI.OfflI nm ARC OF SAID ctJRVE T!!ROOO-d A CENTRAL ANGLE OF 41°
32' 24 • A DISTANCE OF 519. ll FEST TO nm SOC'l'lmASTERLY CORNER OF SAID LOT 6;
THENCE ALONG THE soo-na:RLY LOT L:C!IE OF SAI:D LOT 6 NORT!!: SJ• 25' ao• WEST,, 79.l.7
FEET TO THE SOOTHIIESTSRLY CORNER OF SAID LOT 6; Tm:NCE ALONG nm WESTERLY LOT
L:Cl!li:S OF SAID LOTS 5 AND 6 nm FOI.LOWING: NORTH 22° 29' 22" WEST, 1141.33 FEET
TtmNCE NORTH 53° 1.7' 35" EAST, 31.4.l.4 FEET; THENCE: ALONG THE NORTHERLY LOT L:C!IE
OF SAID LOT 5 SOCT!I ea• 26' 20• EAST, 736.85 FEET TO nm E'O:CNT OF BEG:CNN:tNG.
SDR2\681652-18
EXHIBITD
TiiE NAMM PARCEL
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
1715
LOT 8 OF CAllLSBAD TRACT NO. 94-09, CARLSBAD RA.\/CH UNITS NO. I) IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
A.CCORDrNG TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE
COUN1Y RECORDER OF SAN DIEGO COUNTY SEPTEMBER 11, 1996.
SOR2\681652-18
EXHIBITF
THE CRAIG REALTY GROUP PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRJBED AS FOLLOWS:
PARCEL A
LOT 2 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH UNITS NO. !) IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. !3357, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY SEPTE1\1[8ER 11, 1996.
PARCELB
LOT 3 OF CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 1 AND 2) IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 28, 1993.
SDR2\68i652-18
1717
EXHIBITG
THE ESTA TE HOLDING PROPERTY
TIIAT PORTION OF UlT •G• OF 'nm RAMOIO AGUA :iile;DIONtlA, tN THE
CITY OV CAALSllAD, COUNTY OF SAN DIEGO, ST;I.TE OP CALIFORNIA,
AS SHOWN ON TI!E YART!TION MAP THEREOF NO. 823, FILED IN THE
OFFIO: OF Tlra COUNTY RECORDER OF SMI OIF.CO COONT'l, NOVEMBER
lEi, l IJ 9 6. DESCRI:SSD AS FO!,LOWS:
BEGINNING AT COR.'iER NO. 12 OF SAID LOT •o• OF THE RANCH9
AGUA H2DIONOA, ACCORDING TO PARTtTION MlU' TlmR201' NO. 823
A..'1D SHOWN ON RE:CORD 01? SURVEY MAP NO. 571S, FILEm IN THE
OFFICE Ol" THE COUNTY RECORDER OF SAN DIEGO CO'O!IT'!1 THENCE
A.LONG THE NOll.THERLY l,INE OF SAID I.OT •a·. NORTH 70° 56' os•
EAST -RECORD NORTH 71' 25' EAS'f • 406.80 PEET; THENCE
LEAVING SAID NORl'HE."'U.Y LINE At.ONG Tm! CZNIER LINE OF A 6Ei
FOOT EASEMENT RESERVED FOR ROADWll.Y AND trrU:.J:TY PtJRPOSES AS
SHOWN ON SAID RECORD OP SURVEY MAP NO. 57l.S, SOQTJI l.0 20'
35• WEST 1053. 08 FEE'l' TO THE BEGINNING OF l\ 1000 FOOT RAil:rtl'S
CtlRVE, CONCAVE u..sTERLY; 'I'll.ENO: SOOTBERI.Y AI.ONG SAID ctlR'Uli:,
430.Sl. Fi.ET T!IROUGH A!1 ANGLE OF 24° 41' 03•; TBENC2 TJINGEl).'T
TO SA!D CORVE, SOOTH 23° 20' 28" El\S'l' 183.62 FUT TO Tm:
BEOINNJ:NG OP A TANGENT CORVE CONCI.VE WS't:eaLY; T.Bmlo;
::,OO"lllBJU.Y At.oNG SA..:D CORVZ, 339. 94. FEET 'n!:ROOGEI Jl5 ANGLF. 0:0
1.9° 28' 35• 'l'SENCE -u.NGENT TO SAm COR.V3, SO'OTll 3° SJ.' so·
EAST 33S.70 FEI::T TO Tm; C3NTBlt LDIE OF ROAD st:lltVEY NO. l.S34,
Fn.BD D? THE OFFICE OF Tl!E COt!NTY StJRVnOR OF SAID SM DIKGO
COIDlTY; THENCB ALONG Tm: CBNTRR LINE OF SAID ROAD SURVEY,
SOillH 70° 12·' 37• WEST • SOtrrH 70° 4.S' 53• Wl:ST PER ROAD
SORV~Y NO. 1534 • 631.92 FEET TO THE SOOTRWEST, CORNER Oli'
SDRl\681652-18
1718
S'-!O Dl':SCR!l?TION NO. ~, AS SHO~i ON SAID RECORD 01" SORVZY
MA? NO. 5715; TH3NCE ALONG nra WSSTERL"l LI~ 0:' SAID
DESCRIPTION NO. 2. NCRT:~ o• 31' 16" wgST 238S.97 PEET TO TH~
':'N.tra POINT OF !ISGINNING.
PAGl.' 2 01? 6
1719
1725
EXHIBITI
BEST MANAGEMENT PRACTICES FOR PARCEL OF CARLSBAD RANCH
1. SITE DESCRIPTION: There are two existing office/manufacturing
buildings and one proposed office manufacturing building on a __ acre parcel
with an imperviousness of __ %. The site drops __ feet in elevation in over
__ lineal feet from the rear of the parcel out to ____ Street.
2. HYDROLOGIC CONDmONS: All roof drains spill onto the paved
parking lot. The site is completely surface drained via FCC ribbon gutters or curb
and gutter into an on site storm drain system, ultimately connecting to a public 36"
CMP which carries the site and street storm water westerly under ____ Street,
dumping into the _____ right-of-way.
3. PREVENTION: Practice everyday operational best management practices
effective in preyentin1~ pollution and reducing potential pollutants at the source
through employee education, proper cleaning, maintenance, handling and disposal
procedures.
4. SPECIFIC RECOMMENDATIONS:
4.1 Requir,e covers on garbage and outside mechanical equipment.
4.2 Sweep and vacuum parking lot. No washing.
(a) The pavement surface should be vacuum swept prior to the rainy
season.
4.3 Clean catch basins.
SDR2\681652-18
(a) Sediments must be kept completely away from inlet before, during
and after construction.
(b) Catch basins should be inspected and cleaned if necessary:
(i) Once before the rainy season;
(ii) Once after the first major storm;
(iii) Once at the end of the rainy season (to prevent slow loss of
pollutants); and
1
(iv) If light rains are frequent, monthly cleaning may be
necessary.
1726
4.4 Stencil signs on catch basins and interior walls of buildings regarding
pollution control and elimination. Post information on bulletin
boards.
4.5 Adopt education policy for employees and periodically distnbute
informational materials directly to employees.
4.6 Regularly check parking lot for excessive grease, oil or other fluids;
determine source and correct (including employees' cars).
SDR2\6816S2-18
2