HomeMy WebLinkAboutSP 207F; LEGOLAND INNER PARK; Specific Plan (SP)CITY OF CARLSBAD •
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR (FOR
DEPARTMENT DEPARTMENT
USE ONLY) USE ONLY\
□ Administrative Permit □ Planned Industrial Permit
□ Administrative Variance □ Planning Commission Determination
□ Coastal Development Permit □ Precise Development Plan
□ Conditional Use Permit □ Redevelopment Permit
□ Condominium Permit □ Site Development Plan
□ Environmental Impact Assessment □ Special Use Permit
□ General Plan Amendment [{] Specific Plan (1-1\\NCR /l.N\~EN.t) ~ P 'J,O 1 CF)
□ Hillside Development Permit □ +eRtati11e PaFeel Ma13
Obtain from Engineering Department
[l] Local Coastal Program Amendment lQPAqO-Di~ E[l Tentative Tract Map
~
□ Master Plan □ Variance
□ Minor Conditional Use Permit □ Zone Change
□ Non-Residential Planned Development □ List other applications not specified
□ Planned Development Permit
2) ASSESSOR PARCEL NO(S).: _2._ll_-...,;.ID_D_-___ ()q_.__ _________________ _
3) PROJECT NAME: LEGOLAND FUTURE EXPANSION
4) BRIEF DESCRIPTION OF PROJECT: tt h d h t see a ac e s ee
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
Merlin Entertainments Group U.S. Holdings, Inc. HOFMAN PLANNING & ENGINEERING
MAILING ADDRESS MAILING ADDRESS
1 LEGOLAND DRIVE 5900 PASTEUR COURT, STE. 150
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
CARLSBAD, CA 92008 '760-918-5401 CARLSBAD,CA 92008 760-438-1465
EMAIL ADDRESS: john.jakobsen@legoland.com II EMAIL ADDRESS: lpunelli@hofmanplanning.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
KNOWLE~~~ CORRECT TO THE BEST OF MY KNOWLEDGE.
\~ ~,07 ~~~ l/..8Lo~
SIGNATUR DAE SINATURE DATE
7) BRIEF LEGAL DESCRIPTION Lots 18-19 of City of Carlsbad Tract no. 94-09, Carlsbad Ranch units 2 and
3. in the Citv of Carlsbad. Countv of San Dieao. State of California ..
NOTE: • A: PROPOSED PROJECT REQUIRING Pt/lVL11PLE APPLIGA110NS, BE 'FILEO, :MUST B_E·SUBMITTSO PRIOR 'tO 3:30 P,;M.
A PROPOSED PROJl;CT,REQUIRING,ONLY.ONE APPLICATION ae. FILEO, MUS.TSE; SIJSMITTEb PRIO~ J'.04:00,1',M •.
Form 14 Rev. 03/06 PAGE 1 OF 5
8) LOCATION OF PROJECT: -1 LEGOLAND DRIVE CARLssl, CA 9200a
STREET ADDRESS
ON THE SIDE OF
(NORTH, SOUTH, EAST, WEST) (NAME OF STREEn
BETWEEN AND
(NAME OF STREET) (NAME OF STREEn
9) LOCAL FACILITIES MANAGEMENT ZONE ...... 11_3~ ___ ____,
10) PROPOSED NUMBER OF LOTS IN/A 111) NUMBER OF EXISTING ~ 12) PROPOSED NUMBER IN/A I
RESIDENTIAL UNITS r:..:..__J OF RESIDENTIAL UNITS
13) TYPE OF SUBDIVISION
16) PERCENT AGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
IN/A 114) PROPOSED IND OFFICE/ 'NiA7 15)
SQUARE FOOTAGE ~
IN/A 117) PROPOSED INCREASE 'NiA7 18)
IN ADT I'"'/-\ I
EJ20)
icra 123)
EXISTING GENERAL
PLAN
PROPOSED ZONING
EJ21)
~24)
PROPOSED COMM
SQUARE FOOTAGE
PROPOSED SEWER
USAGE IN EDU
PROPOSED GENERAL
PLAN DESIGNATION
HABITAT IMPACTS
IF YES, ASSIGN HMP #
IN/A I
IN/A I
IN/A I
25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO ENTRY FO S PURPOSE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
Form 14 Rev. 03/06
FEE REQUIRED D
JAN O 8 2007
CITY OF CARLSBAD
DATE r~~WN_Q.oaa~ECEIVED
RECEIVED BY:
PAGE 2 OF 5
• CHICAGO TITLE COMPANY
Reference: LEGOLAND
•
PRELIMINARY REPORT
Dated as of: December 26, 2006 at 7:30 AM
Order No.: 603041285 • USO
CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as
of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter
set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list.
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the
attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the terms of title in.surance policy and should be carefully considered. It is important to
note that this preliminary report is not a written representation as to the condition of title and may not list all liens,
defects and encumbrances affecting title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE, A BINDER OR
COMMITMENT SHOULD BE REQUESTED
The form of policy of title insurance contemplated by this reROrt is:
CALIFORNfA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Visit Us On The Web: westerndivision.ctt.com
Title Department:
CHICAGO TITLE COMPANY
2365 NORTHSIDE DR. #500
SAN DIEGO, CA 92108
(619)521-3673 fax: (619)521-3608
Tom Votel / Ken Cyr
TITLE OFFICER
PFP -08/05/99bk
• • SCHEDULE A
Order No: 603041285 USO Your Ref: LEGOLAND
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
PLAY U.S. ACQUISITIONCO INC., A DELAWARE CORPORATION
3. The land referred to in this report is situated in the State of California, County of SAN D I EGO
and is described as follows:
LOTS 18 AND 19 OF CITY OF CARLSBAD TRACT 94-09, CARLSBAD RANCH-UNITS 2 & 3,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON APRIL 1, 1997.
(APN: 211-100-09 AND 11)
PREA -10/31/97bk
• SCHEDULE B
Page 1
Order No: 603041285 U50 Your Ref: LEGOLAND
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2006-2007
1ST INSTALLMENT:
2ND INSTALLMENT:
PENALTY AND COST:
HOMEOWNERS
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
$546,362.79 (PAID)
$546,362.79
$54,646.27 (DUE AFTER APRIL 10)
$NONE
09176
211-100-09
c 2. A) SUPPLEMENTAL OR ESCAPED TAXES FOR THE FISCAL YEAR 2006-2007 ASSESSED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
1ST INSTALLMENT:
PENALTY:
DELINQUENT:
2ND INSTALLMENT:
PENALTY:
DELINQUENT:
CODE AREA:
ASSESSMENT NO . :
$13,048.73
$1,304.87
11/06/2006
$13,048.73
$1,314.87
04/10/2007
09176
900-001-30-00
B) SUPPLEMENTAL OR ESCAPED TAXES FOR THE FISCAL YEAR 2006-2007 ASSESSED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
1ST INSTALLMENT:
PENALTY:
DELINQUENT:
2ND INSTALLMENT:
PENALTY:
DELINQUENT:
CODE AREA:
ASSESSMENT NO. :
$49,999.99
$4,999.99
11/06/2006
$49,999.99
$5,009.99
04/10/2007
09176
900-001-31-00
s 3. TAXES FOR APN: 211-100-11, LOT 19 MAP NO. 13408 (NOT BILLABLE), PER
COUNTY TAX-ROLLS.
o 4. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW
ASSESSMENT
PREB -10/31/97bk
• • Page 2 SCHEDULE B
( continued)
Order No: 603041285 USO Your Ref: LEGOLAND
(OR BOND) NO:
SERIES:
DISTRICT:
FOR:
PARCEL
95-1
CARLSBAD
CRL RCH ASSMT95-1
SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY
PROPERTY TAXES.
AN ASSESSMENT DISTRICT DIAGRAM, THEREOF RECORDED JUNE 4, 1997 AS FILE NO.
1997-0262318 OF OFFICIAL RECORDS.
A NOTICE OF ASSESSMENT THEREOF, RECORDED JUNE 4, 1997 AS FILE NO.
1997-0262319 OF OFFICIAL RECORDS.
E 5. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS
OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION
CODE OF THE STATE OF CALIFORNIA.
F 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
SAN DIEGO GAS AND ELECTRIC COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
JULY 5, 1972 AS FILE NO. 172891 OF OFFICIAL RECORDS
THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT
DISCLOSED OF RECORD.
G 7. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND
EMBANKMENT SLOPES BEYOND THE LIMITS OF PALOMAR AIRPORT ROAD, WHERE REQUIRED
FOR THE CONSTRUCTION AND MAINTENANCE OF SAID STREET, AS CONTAINED IN THE
EASEMENT FOR PUBLIC HIGHWAY RECORDED SEPTEMBER 15, 1988 AS FILE NO.
1988-463304 OF OFFICIAL RECORDS.
AFFECTS LOT 18 HEREIN DESCRIBED
H 8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
PREUMBC-9/23/93bk
SET FORTH IN A DOCUMENT
DATED:
GRANTOR:
GRANTEE:
PURPOSE:
RECORDED:
AFFECTS:
JUNE 27, 1988
PAUL ECKE, SR., TRUSTEE OF THE PAUL ECKE, SR., TRUST
DATED SEPTEMBER 8, 1983
THE CITY OF CARLSBAD
DRAINAGE
SEPTEMBER 15, 1988 AS FILE NO. 1988-0463305 OF
OFFICIAL RECORDS
LOT 18
• • Page 3 SCHEDULE B ( continued)
Order No: 603041285 USO Your Ref: . LEGOLAND
9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
DATED:
GRANTOR:
GRANTEE:
PURPOSE:
RECORDED:
AFFECTS:
JUNE 27, 1988
PAUL ECKE, SR., TRUSTEE OF THE PAUL ECKE, SR., TRUST
DATED SEPTEMBER 8, 1983
THE CITY OF CARLSBAD
OPEN SPACE AND INCIDENTAL PURPOSES
SEPTEMBER 15, 1988 AS FILE NO. 1988-463306 OF OFFICIAL
RECORDS
LOT 18
J 10. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND
EMBANKMENT SLOPES BEYOND THE LIMITS OF PALOMAR AIRPORT ROAD, WHERE REQUIRED
FOR THE CONSTRUCTION AND MAINTENANCE OF SAID STREET, AS CONTAINED IN THE
EASEMENT FOR PUBLIC HIGHWAY RECORDED SEPTEMBER 15, 1988 AS FILE NO.
1988-463310 OF OFFICIAL RECORDS.
AFFECTS LOT 18 HEREIN DESCRIBED
K 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
DATED:
GRANTOR:
GRANTEE:
PURPOSE:
RECORDED:
AFFECTS:
JUNE 24, 1988
CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP
CITY OF CARLSBAD
DRAINAGE
SEPTEMBER 15, 1988 AS FILE NO. 1988-463313 OF OFFICIAL
RECORDS
LOT 18
L 12. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE
ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME
A LIEN ON SAID LAND.
DISTRICT:
DISCLOSED BY:
RECORDED:
COMMUNITY FACILITIES DISTRICT NO. 1
ASSESSMENT D ·1 STRICT BOUNDARY
DECEMBER 19, 1990 AS FILE NO. 1990-0674118 OF OFFICIAL
RECORDS
M NOTICE OF SPECIAL TAX LIEN PURSUANT TO THE REQUIREMENTS OF SECTION 3114.5
OF THE STREETS AND HIGHWAYS CODE AND SECTION 53328.3 OF THE GOVERNMENT CODE
RECORDED MAY 20, 1991 AS FILE NO. 1991-236959 OF OFFICIAL RECORDS.
N 13. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
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• • Page 4 SCHEDULE B ( continued)
Order No: 603041285 USO Your Ref: LEGOLAND
DATED:
GRANTOR:
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
MAY 20, 1992
CARLTAS COMPANY, A LIMITED PARTNERSHIP
THE CITY OF CARLSBAD
TRAFFIC SIGNAL MAINTENANCE
JULY 15, 1992 AS FILE NO. 1992-0443116 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
AFFECTS LOT 18 HEREIN DESCRIBED
o 14. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN
DATED:
BY AND BETWEEN:
RECORDED:
REGARDING:
AFFECTS:
DECEMBER 21, 1993
CARLTAS COMPANY AND CITY OF CARLSBAD
DECEMBER 30, 1993 AS FILE NO. 1993-0886034 OF OFFICIAL
RECORDS
DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT
PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT
PLAN FOR ZONE 13
HEREIN DESCRIBED PROPERTY TOGETHER WITH OTHER PROPERTY
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
P 15 . A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE" , EXECUTED BY
CARLSBAD RANCH COMPANY, L.P., AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE
TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 12, 1995
AS FILE NO. 1995-0245821 OF OFFICIAL RECORDS.
Q 16. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE", EXECUTED
BY CARLSBAD RANCH COMPANY, L.P. & THE CITY OF CARLSBAD, SUBJECT TO ALL THE
TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 12, 1995
AS FILE NO. 1995-0245822 OF OFFICIAL RECORDS.
R 17. A DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT" DATED JANUARY 6, 1996,
EXECUTED BY CITY OF CARLSBAD AND LEGO PARK PLANNING, INC., SUBJECT TO ALL
THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 22,
1996 AS FILE NO. 1996-0141299 OF OFFICIAL RECORDS.
AFFECTS LOT 18 HEREIN DESCRIBED
s 18. COVENANTS, CONDITIONS AND RESTRICTIONS DATED JUNE 18, 1996, EXECUTED BY
PREUMBC-9/23/93bk
CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP, CARLSBAD
ESTATE HOLDING, INC., A CALIFORNIA CORPORATION AND CB RANCH ENTERPRISES, A
CALIFORNIA CORPORATION (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION
BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL
ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS
EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B)
• • Page 5 SCHEDULE B
( continued)
Order No: 603041285 USO Your Ref: LEGOLAND
RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS)
AS SET FORTH IN THE DOCUMENT.
RECORDED: JULY 11, 1996 AS FILE NO. 1996-0348524 OF OFFICIAL
RECORDS
AU NOTE: IF YOU SHOULD REQUEST A COPY OF THE DOCUMENT REFERRED TO ABOVE,
CALIFORNIA LAW REQUIRES THAT A COUNTY RECORDER, TITLE INSURANCE COMPANY,
ESCROW COMPANY, REAL ESTATE BROKER, REAL ESTATE AGENT, OR ASSOCIATION THAT
PROVIDES A COPY OF A DECLARATION, GOVERNING DOCUMENT, OR DEED TO ANY PERSON
SHALL PLACE A COVER PAGE OVER, OR STAMP ON THE FIRST PAGE OF THE PREVIOUSLY
RECORDED DOCUMENT OR DOCUMENTS A STATEMENT, IN AT LEAST 14-POINT BOLDFACE
TYPE, RELATING TO UNLAWFUL RESTRICTIONS.
r SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION
THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE.
u 19. A DOCUMENT ENTITLED "NOTICE OF RESTRICTION ON REAL PROPERTY" DATED MAY 20,
1996, EXECUTED BY CITY OF CARLSBAD, CARLSBAD RANCH COMPANY, L.P., CB RANCH
ENTERPRISES, CARLSBAD ESTATE HOLDING, INC., AND NATIONAL ASSOCIATION OF
MUSIC MERCHANTS, INC., SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS
THEREIN CONTAINED, RECORDED SEPTEMBER 5, 1996 AS FILE NO. 1996-0450388 OF
OFFICIAL RECORDS.
v 20. A DOCUMENT ENTITLED "AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF
CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1" DATED DECEMBER 17, 1996,
EXECUTED BY CITY OF CARLSBAD AND LEGOLAND CARLSBAD, INC. CORPORATION,
SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED,
RECORDED FEBRUARY 7, 1997 AS FILE NO. 1997-0056338 OF OFFICIAL RECORDS.
AFFECTS LOT 18 HEREIN DESCRIBED
w 21. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN
DATED:
BY AND BETWEEN:
RECORDED:
REGARDING:
AFFECTS:
FEBRUARY 21, 1997
CARLSBAD RANCH COMPANY, L.P., AND CARLSBAD ESTATE
HOLDING, INC. AND ACKNOWLEDGED AND CONSENTED TO BY THE
CALIFORNIA COASTAL COMMISSION
FEBRUARY 24, 1997 AS FILE NO. 1997-0080274 OF OFFICIAL
RECORDS
OPEN SPACE DEED RESTRICTION
LOT 18 HEREIN DESCRIBED
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
x 22. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS
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• Page 6 SCHEDULE B
( continued)
Order No: 603041285 USO Your Ref: LEGOLAND
TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING
BEEN RELINQUISHED BY THE MAP OF SAID TRACT.
AFFECTS: LOT 18 ADJACENT TO PALOMAR AIRPORT ROAD
SAID LAND HOWEVER, ABUTS UPON A PUBLIC THOROUGHFARE OTHER THAN THE ROAD
REFERRED TO ABOVE, OVER WHICH RIGHTS OF VEHICULAR INGRESS AND EGRESS HAVE
NOT BEEN RELINQUISHED.
v 23. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS
TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING
BEEN RELINQUISHED BY THE MAP OF SAID TRACT.
AFFECTS: LOT 19 ON THE SOUTH ADJACENT TO LOTS 9 AND 10 AS
SHOWN ON SAID MAP NO. 13408
SAID LAND HOWEVER, ABUTS UPON A PUBLIC THOROUGHFARE OTHER THAN THE ROAD
REFERRED TO ABOVE, OVER WHICH RIGHTS OF VEHICULAR INGRESS AND EGRESS HAVE
NOT BEEN RELINQUISHED.
z 24. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW.
MAP OF:
EASEMENT
PURPOSE:
AFFECTS:
13408
GENERAL ACCESS AND PUBLIC UTILITIES AND DRAINAGE
AS SHOWN ON SAID MAP 13408
AA 25. COVENANTS, CONDITIONS AND RESTRICTIONS DATED AS OF MARCH 12, 1997, EXECUTED
BY CARLSBAD RANCH COMPANY, L.P., (BUT OMITTING THEREFROM ANY COVENANT OR
RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS
OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID
COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES
CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST
HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT.
RECORDED: APRIL 1, 1997 AS FILE NO. 1997-0150347 OF OFFICIAL
RECORDS
AT NOTE: IF YOU SHOULD REQUEST A COPY OF THE DOCUMENT REFERRED TO ABOVE,
CALIFORNIA LAW REQUIRES THAT A COUNTY RECORDER, TITLE INSURANCE COMPANY,
ESCROW COMPANY, REAL ESTATE BROKER, REAL ESTATE AGENT, OR ASSOCIATION THAT
PROVIDES A COPY OF A DECLARATION, GOVERNING DOCUMENT, OR DEED TO ANY PERSON
SHALL PLACE A COVER PAGE OVER, OR STAMP ON THE FIRST PAGE OF THE PREVIOUSLY
RECORDED DOCUMENT OR DOCUMENTS A STATEMENT, IN AT LEAST 14-POINT BOLDFACE
TYPE, RELATING TO UNLAWFUL RESTRICTIONS.
AB SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION
PRELIMBC-9/23/93bk
• Page 7 SCHEDULE B
( continued)
Order No: 603041285 USO Your Ref: LEGOLAND
THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE.
AC SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF
WHICH IS STATED TO BE SUBORDINATE TO THE LIEN OF CERTAIN MORTGAGES OR DEEDS
OF TRUST MADE IN GOOD FAITH AND FOR VALUE.
AD AMONG OTHER THINGS, SAID DOCUMENT PROVIDES:
EASEMENTS AND RESTRICTIONS
AE 26. AN UNRECORDED LEASE AS DISCLOSED BY A DOCUMENT ENTITLED "MEMORANDUM OF
GROUND LEASE" AFFECTING THE PREMISES HEREIN DESCRIBED, EXECUTED BY AND
BETWEEN THE PARTIES HEREIN NAMED, WITH CERTAIN TERMS, COVENANTS, CONDITIONS
AND PROVISIONS SET FORTH THEREIN.
LESSOR:
LESSEE:
RECORDED:
LEGO CARLSBAD AG, (LEGO CARLSBAD INC.) A SWISS
CORPORATION
LEGOLAND CARLSBAD, INC., A CALIFORNIA CORPORATION
APRIL 16, 1997 AS FILE NO. 1997-0175999 OF OFFICIAL
RECORDS
AN ASSIGNMENT AND ASSUMPTION OF LEASE DATED AS OF JULY 11, 2005, BY AND
BETWEEN LEGOLAND ESTATES AG (LEGOLAND ESTATES, INC.), A SWISS CORPORATION
AND PLAY U.S. ACQUISTIONS CO. INC., A DELAWARE CORPORATION, RECORDED AUGUST
29, 2005 AS FILE NO. 2005-0744001 OF <OR_.
AF 27. A DOCUMENT ENTITLED "LANDSCAPE MAINTENANCE AND EASEMENT AGREEMENT" DATED
APRIL 27, 1997, EXECUTED BY CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA
LIMITED PARTNERSHIP AND LEGO CARLSBAD AG (LEGO CARLSBAD INC.), A SWISS
CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN
CONTAINED, RECORDED APRIL 29, 1997 AS FILE NO. 1997-0197544 OF OFFICIAL
RECORDS.
FIRST AMENDMENT TO LANDSCAPE MAINTENANCE AND EASEMENT AGREEMENT DATED APRIL
9, 1998, EXECUTED BY CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED
PARTNERSHIP AND LEGO LAND ESTATES AG (LEGOLAND ESTATES, INC.) A SWISS
CORPORATION RECORDED APRIL 27, 1998 AS FILE NO. 1998-0239009 OF OFFICIAL
RECORDS
AG 28. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE" DATED MAY 29, 1997,
EXECUTED BY LEGO CARLSBAD AG (LEGO CARLSBAD INC.), A SWISS CORPORATION,
SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED,
RECORDED JULY 1, 1997 AS FILE NO. 1997-0310071 OF OFFICIAL RECORDS.
AH 29. A DOCUMENT ENTITLED "NOTICE OF RESTRICTION ON REAL PROPERTY" DATED JULY 29,
1997, EXECUTED BY LEGOLAND ESTATES AG (LEGOLAND ESTATE, INC.) AND CITY OF
CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN
CONTAINED, RECORDED AUGUST 14, 1997 AS FILE NO. 1997-0391746 OF OFFICIAL
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• Page 8 SCHEDULE B
( continued)
Order No: 603041285 USO Your Ref: LEGOLAND
RECORDS.
AI 30. A DOCUMENT ENTITLED "NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE
NO.: SOP 96-14/CDP 96-16" DATED JULY 29, 1997, EXECUTED BY LEGOLAND
ESTATES AG (LEGOLAND ESTATE, INC.), SUBJECT TO ALL THE TERMS, PROVISIONS
AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 14, 1997 AS FILE NO.
1997-0391747 OF OFFICIAL RECORDS.
AJ 31. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
DATED:
GRANTOR:
GRANTEE:
PURPOSE:
RECORDED:
AFFECTS:
OCTOBER 30, 1997
LEGOLAND ESTATES (LEGOLAND ESTATES INC.), A SWISS
CORPORATION
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
PUBLIC UTILITIES, INGRESS AND EGRESS
NOVEMBER 6, 1997 AS FILE NO. 1997-0560979 OF OFFICIAL
RECORDS
LOT 18
THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD.
AK 32. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
DATED:
GRANTOR:
GRANTEE:
PURPOSE:
RECORDED:
AFFECTS:
NOVEMBER 10, 1997
LEGOLAND ESTATES (LEGOLAND ESTATES INC.), A SWISS
CORPORATION
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
PUBLIC UTILITIES, INGRESS AND EGRESS
DECEMBER 1, 1997 AS FILE NO. 1997-0603896 OF OFFICIAL
RECORDS
LOT 18
AL 33. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
DATED:
GRANTOR:
GRANTEE:
PURPOSE:
RECORDED:
AFFECTS:
JANUARY 21, 1998
LEGOLAND ESTATES (LEGOLAND ESTATES INC.), A SWISS
CORPORATION
CARLSBAD MUNICIPAL WATER DISTRICT
WATER LINE EASEMENT
MARCH 6, 1998 AS FILE NO. 1998-0122320 OF OFFICIAL
RECORDS
LOT 18
AM 34. A GRANT DEED OF WATERLINE EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS
PRELIMBC-9/23/93bk
• Page 9 SCHEDULE B ( continued)
Order No: 603041285 USO Your Ref: LEGOLAND
INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT
DATED:
GRANTOR:
GRANTEE:
PURPOSE:
RECORDED:
AFFECTS:
OCTOBER 21, 1998
LEGOLAND ESTATES (LEGOLAND ESTATES INC.), A SWISS
CORPORATION
CARLSBAD MUNICIPAL WATER DISTRICT
WATER LINE EASEMENT
MARCH 6, 1998 AS FILE NO. 1998-0122321 OF OFFICIAL
RECORDS
LOT 18
AN 35. A GRANT DEED OF WATERLINE EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS
INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT
DATED:
GRANTOR:
GRANTEE:
PURPOSE:
RECORDED:
AFFECTS:
JANUARY 21, 1998
LEGOLAND ESTATES (LEGOLAND ESTATES INC.), A SWISS
CORPORATION
CARLSBAD MUNICIPAL WATER DISTRICT
WATER LINE EASEMENT
MARCH 6, 1998 AS FILE NO. 1998-0122322 OF OFFICIAL
RECORDS
LOT 18
AQ 36. A DEED OF TRUST ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT,
FINANCING STATEMENT AND FIXTURE FILING TO SECURE AN INDEBTEDNESS IN THE
ORIGINAL AMOUNT SHOWN BELOW
AMOUNT:
DATED:
TRUSTOR:
TRUSTEE:
BENEFICIARY:
RECORDED:
$457,295,710.00
AUGUST 24, 2005
PLAY U.S. ACQUISITIONCO INC., A DELAWARE CORPORATION
CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION
BAYERISCHE HYPO-UNO VEREINSBANK AG LONDON BRANCH, ITS
SUCCESSORS AND/OR ASSIGNS
AUGUST 29, 2005 AS FILE NO. 2005-0744002 OF OFFICIAL
RECORDS
Ao 37. AN UNRECORDED LEASE AFFECTING THE PREMISES HEREIN DESCRIBED, EXECUTED BY
AND BETWEEN THE PARTIES HEREIN NAMED, WITH CERTAIN TERMS, COVENANTS,
CONDITIONS AND PROVISIONS SET FORTH THEREIN
LESSOR:
LESSEE:
DISCLOSED BY:
RECORDED:
PRELIMBC-9/23/93bk
PLAY U.S. ACQUISITIONCO, INC., A DELAWARE CORPORATION
LEGOLAND CALIFORNIA, LLC, A DELAWARE LIMITED LIABILITY
COMPANY
SUBORDINATION AND ATTORNMENT AGREEMENT
AUGUST 29, 2005 AS FILE NO. 2005-0744003 OF OFFICIAL
RECORDS
• Page 10 SCHEDULE B
( continued)
Order No: 603041285 USO Your Ref: LEGOLAND
AP THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER
MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN.
AR 38. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "NOTICE OF
RESTRICTION ON REAL PROPERTY" RECORDED JUNE 6, 2006 AS FILE NO.
2006-0398658 OF OFFICIAL RECORDS.
Av 39. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND.
MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN.
AW 40. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR
BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF.
AX END OF SCHEDULE B
AS NOTE NO. 1: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION
PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRATE
MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM
BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS
POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE
BREACH OF A POLICY PROVISION OR OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE
OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW
THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR
TITLE INSURANCE COVERAGE.
AV NOTE NO. 2: THIS COMPANY WILL REQUIRE THE FOLLOWING IN ORDER TO INSURE
TITLE IN, OR A CONVEYANCE FROM, THE ENTITY NAMED BELOW.
NAME: PLAY U.S. ACQUISITIONCO INC.
A COPY OF THE RESOLUTION OF THE CORPORATION APPROVING THE PRESENT
TRANSACTION AND IDENTIFYING THE SUBJECT LAND.
AZ MLM
PREUMBC-9/23/93bk
•
Notice
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or
refinanced residential property in California between May 19, 1995 and November 1, 2002. If
you had more than one qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current
transaction, you do not have to do anything; the Company will provide the discount, provided
you are paying for escrow or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your
current transaction, you must -prior to the close of the current transaction -inform the
Company of the earlier transaction, provide the address of the property involved in the
previous transaction, and the date or approximate date that the escrow closed to be eligible for
the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of
this transaction, the Company has no obligation to conduct an investigation to determine if you
qualify for a discount. If you provide the Company information concerning a prior transaction,
the Company is required to determine if you qualify for a discount which is subject to other
terms and conditions.
AGN •· 08/14/06 AA
CHICAGO TITLE INSURANCE COMPANY
Fidelity National Financial Group of Companies' Privacy Statement
July 1, 2001
We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal
Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we
serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time
to time consistent with applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
* From applications or other forms we receive from you or your authorized representative;
* From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites;
* From the public records maintained by governmental entities that we either obtain directly from
those entities, or from our affiliates or others; and
* From consumer or other reporting agencies.
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only to those employees who need such access in
connection with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We may also disclose your Personal Information:
* to agents, brokers or representatives to provide you with services you have requested;
* to third-party contractors or service providers who provide services or perform marketing or other
functions on our behalf; and
* to others with whom we enter into joint marketing agreements for products or services that we
believe you may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by
law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when
otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights
arising out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain.
Such documents may contain your Personal Information.
Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to
whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction,
amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a
reasonable fee to cover the costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Multiple Products or Services:
Privacy Compliance Officer
Fidelity National Financial, Inc.
601 Riverside Drive
Jacksonville, FL 32204
If we provide you with more than one financial product or service, you may receive more than one privacy notice from us.
We apologize for any inconvenience this may cause you.
PRIVACYT --10/21/03 AA
Attached to Order No. 603041285
CLTA PRELIMINARY REPORT FORM
Exhibit A (Revised 01 /04/02}
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a} Any law, ordinance or governmental regulation (including but not limited to building or zoning laws,
ordinances, or regulations} restricting, regulating, prohibiting or relating (i} the occupancy, use, or
enjoyment of the land; (ii} the character, dimensions or location of any improvement now or hereafter
erected on the land; (ii} a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv} environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
there of or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
2. (b} Any governmental police power not excluded by (a} above, except to the extent that a notice of the
exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubic records at
Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens. encumbrances, adverse claims or other matters:
(a} whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or
agreed to by the insured claimant;
(b} not known to the Company, not recorded in the public records at Date of Policy, but known to the
insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the
insured claimant became an insured under this policy;
(c} resulting in no loss or damage to the insured claimant;
(d} attaching or created subsequent to Date of Policy; or
(e} resulting in loss or damage which would not have been sustained if the insured had paid value for the
insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date
of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the
applicable doing business laws of the state in which the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
5. Any claim which arises out of the transaction vesting in the insured the estate of interest insured by this
policy or the transaction creating the interest of the insured lender, by reason of the operation of federal
bankruptcy, state insolvency or similar creditors' rights laws.
CLTASCP1 -03/20/02 AA
Attached to Order No. 603041285
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
(Continued)
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART 1
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests. or claims which are not shown by the public records but which could be
ascertained by an inspection of the land which or which may be asserted by persons in thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the public records.
s. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
shown by the public records.
Cl TASCP2 -03/20/02 AA
Attached to Order No. 603041285
CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/96)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98)
EXCLUSIONS
In addition to the Exceptions in Schedule 8, You are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This
includes ordinances, laws and regulations concerning
a.
b.
c.
d.
e.
f.
building
zoning
Land use
improvements on the Land
Land division
environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or
enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable
building codes. This Exclusion does not apply to violations of building codes if notice of the violation
appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless
a. notice of exercising the right appears in the public records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the land
without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public
Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public
Records at the Policy Date:
c. that result in no loss to You; or
ct. that first occur after the Policy Date -this does not limit the coverage described in Covered
Risk 7,8.d, 22, 23, 24 or 25.
s. Failure to pay value for YOUR Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule
A;and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
CLTAHOP •· 03/20/02 AA
Attached to Order No. 603041285
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not insured against loss, costs attorneys' fees, and expenses resulting
from:
1. Governmental police power, and the existence or violation of any law or governmental regulation.
This includes building and zoning ordinances and also laws and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public
records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 d Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date
the taking happens prior to the Policy Date and is binding on you if you bought the land without
knowing of the taking
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date -unless they appear in the public
records
that result in no loss to you
that first affect your title after the Policy Date -this does not limit the labor and material lien
coverage in item 8 of Covered Title Risks
4. Failure to pay value for your title.
s. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
ALTARTIP -03/20/02 AA
Attached to Order No. 603041285
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH AL TA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and
zoning laws, ordinances, or regulations)restricting, regulating, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change
in the dimensions or area of the land or any parcel of which the land is or was part; or (iv)
environmental protection, or the effect of any violation of thes laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b} Any governmental police power not excluded by (a) above, except to the extent that a notice
of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at
Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Data of Policy, but known to
the insured claimant and not disclosed in writing to the Company by the insured claimant prior
to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures
the priority of the lien of the insured mortgage over any statutory lien for services, labor or
material or to the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date
of Policy, or the inability or failure of any subsequent owner of the indebtedness to comply with applicable
doing business laws of the state in which the land b situated
s. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection
or truth in lending law.
ALTALPE1 -03/20/02 AA
Attached to Order No. 603041285
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
(CONTINUED)
6. Any statutory lien for services, labor or materials {or the claim of priority of any statutory lien for services,
labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the
land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or
in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the
insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy,
by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is
baaed on:
{i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent
conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the doctrine of
(iii) equitable subordination; or
the transaction creating the interest of the insured mortgagee being deemed a preferential
transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or
lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the
above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the
following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices, of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the public records.
5. (a} Unpatented mining claims; (b} reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c} water rights, claims or title to water, whether or not the matters excepted under (a}, (b} or (c} are
shown by the public records.
ALTALPE2 -03/20/02 AA
Attached to Order No. 603041285
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage. costs, attorneys fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy,
use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements
now or hereafter erected on the Land ; (iii) a separation in ownership or a change in the
dimensions or areas of the Land or any parcel of which the Land is or was a part; or
(ii)environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the Land has been recorded in the Public Records at Date of Policy. This excl,sion does not
limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice
of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the Land has been recorded in the Public Records at Date of Policy.
This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of
this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at
Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encubrances, adverse claims or other matters:
(a)
(b)
(c)
(d)
(e)
created, suffered, assumed or agreed to by the Insured Claimant;
not Known to the Company, not recorded in the Public Records at Date of Policy, but Known
to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant
prior to the date the Insured Claimant became an Insured under this policy;
resulting in no loss damage to the Insured Claimant;
attaching or created subsequent to Date of Policy (this paragraph does limit the coverage
provided under Covered Risks 8, 16, 18, 19, 20, 21, 22 ,23, 24, 25 and 26); or
resulting in loss or damage which would not have been sustained if the Insured Claimant had
paid value for the Insured Mortgage. •
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date
of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable
doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the
transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered
Risk 27, or any consumer credit protection or truth in lending law.
ALTAERL1 -03/20/02AA
• Attached to Order No. 603041285
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
(Continued)
6. Real property taxes or assessments of any governmental authority which become a lien on the Land
subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7,
8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances
or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer
the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage
provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,
and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the
existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) the time a modification is made to the terms of the Insured Mortgage which changes the
rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification. This exclusion does not limit the
coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after
Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of
building codes if notice of the violation appears in the Public Records at Date of Policy.
ALTAERL2 -03/20/02 AA
• Attached to Order No. 603041285
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning
laws, ordinances, or regulations)restricting, regulating, prohibiting or relating to (i) the occupancy,
use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of
the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged affecting the land has been recorded in the pubic records at Date of Policy.
2. (b) Any governmental police power not excluded by (a) above, except to the extent notice of the
exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public
records at Date of Policy, but not excluding from coverage any taking which has occurred prior to
Date of Policy which would be biding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a)
(b)
(c)
(d)
(e)
created, suffered, assumed or agreed to by the insured claimant;
not known to the Company, not recorded in the public records at Date of Policy, but
known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this
policy;
resulting in no loss or damage to the insured claimant;
attaching or created subsequent to Data of Policy; or
resulting in loss or damage which would not have been sustained if the insured claimant
had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by
this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors'
rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a
fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a
preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment
or lien creditor.
ALTAOPL1 -04/17/0GAA
• • Attached to Order No. 603041285
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
(Continued)
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to
the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also
include the following General Instructions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments; or notices of-such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which
a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c} water rights, claims or title to water, whether or not the matters excepted under
(a), (b) or (c) are shown by the public records.
ALTAOPLZ-0•/17/06 AA
• •
City of Carlsbad
IREl,i,i•el·l•J=i•E•iii,i=ihl
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot be
reviewed until this information is completed. Please print.
Note:· . . • . .• •. . · , . .
Person is tlefine.d as "Any indiVidu~I, .firm,, co-:partrtership, jqint vepture,. associatic;:,ri,. social'club, fraternal organization,
corporation, estate, trust, rec19i,Yer,. syn<;ticate, in thiS· and any 6ther county, city and county,. city municipality, district or
other political subdiv,ision .or any other gro:up or·c;:omb1nafion ·acting as a unit." • •
Agents may .sign this document; however, the /legal' name and entity of the applicant an<;t property owner must be
provided below: • • . . • • . • •• _. · • . _ . . . .
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest
in the application. If the applicant includes a corporation or partnership. include the names, title,
addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE
BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.)
Person N/-A Corp/Part it.GaLAt\J D Ccdi+ornia.. LL<2
Title___________ Title.-""D~f?F---"<:::....,_C...;;;°'-=-h..,_,,..6:a-i.C-------
Address________ Address One L£GoLAND ,Qr.I Cad:sW
CAc;~
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership,
tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or
partnership, include the names, title, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE
NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person h,) J A _ ........ +-, ......_ ______ _
Title __________ _
Corp/Part Hedi O fu+er:-/a i QafJ)1S G rD up
Title Horcl,n3s ;::Cnc. (owner)
Address ----------Address One., /.g7Q L c\ ND Qr.
Coiv-/6/'At( C-A 'l1L)Oi
:Presicle(l+ --::X-ohn ~k.obSe()
Xifi -r·
o.s.
• • 3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust________ Non Profit/Trust _________ _
Title___________ Title ____________ _
Address ----------Address. ___________ _
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
D Yes l2SJ. No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
~ f('C.Sic:kci lj'b/lll
Signa~
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's ageht if applicable/date
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
PROJECT NAME:
PROJECT DESCRIPTION/EXPLANATION
U::f;ID LlcNO €xPMStol\!
APPLICANT NAME:
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/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.
Description/Explanation:
The following application includes a specific plan amendment to the Carlsbad Ranch
Specific Plan 207 (E) and the corresponding Local Coastal Program Amendment. This
amendment proposes three main modifications to the text, as described below.
The first modification to the Specific Plan is the creation of a LEGOLAND
Attraction Permit process for future park attractions in the identified expansion area.
A LEGOLAND attraction includes development of rides, retail, food & beverage outlets,
and other ancillary uses. The LEGOLAND Attraction Permit would be reviewed and approved
by the planning director. The planning director shall ascertain all facts pertinent to
the proposed development and shall approve, conditionally approve,disapprove or give
notice of referral to the planning commission, together with the findings and reasons
for such action.
Second, this specific plan amendment proposes a minor modification to the text
regarding allowed uses. The new text expands on the allowance of indoor and outdoor
facilities for children related to entertainment and education to include overnight uses.
Last, the amendment proposes inclusion of text that defines Major and Minor Specific
Plan Amendments and the corresponding approval processes.
The proposed text amendments are included with this application in the form of
strikeouts and bold underlines to illustrate proposed deletions and insertions.
Project Description 10/96 Page 1 of 1
Local Coastal Program Amendment
(LCPA 90-08)
An amendment to Local Coastal Program Amendment 90-08 was necessary to
ensure consistency with the Carlsbad Ranch Specific Plan. A specific plan
amendment is proposed to Carlsbad Ranch Specific Plan 207(e). The specific
plan amendment is focused on revisions to the processing of future development
of LEGOLAND California. This application does not propose any new
development at this time.
There are no proposed text changes to the Local Coastal Program. The Local
Coastal Program will remain unchanged with this application. The Local Coastal
Program Amendment is required due to the proposed amendment to Carlsbad
Ranch Specific Plan 207(e). Amendments to Carlsbad Ranch Specific Plan
which are within the Mello II Segment of the Local Coastal Program are required
to be submitted for Coastal Commission Review.
ENVIRONMENTAL IMP ACT ASSESSMENT INFORMATION FORM
(To be Completed by Applicant)
Date Filed: / -~ • f • (To be completed by City)
Application Number(s): l.CP~ cro ... 0 cg l£) / <SP GJ O]: (_ F ) ----=--......._=---.c..-=--==.., ... ~,~=<L----"=--=--L.-----"'=-_:;:_-------
General Information
1. Name of project: LEGOLAND EXPANSION
2. Name of developer or project sponsor: LEGOLAND CALIFORNIA ---------------------
Address: 1 LEGOLAND DRIVE
City, State, Zip Code: CARLSBAD, CA 92008
Phone Number: <760) 918-5401
3. Name of person to be contacted concerning this project: HPE: LESLIE WEINHEIMER
Address: 5900 PASTEUR COURT, STE 150
City, State, Zip Code: CARLSBAD, CA 92008
---------------------------
Phone Number: (760) 438-1465 -----------------------------
4. Address of Project: 1 LEGOLAND DRIVE, CARLSBAD, CA 92008
Assessor's Parcel Number: 211-100-09 -------------------------
5. List and describe any other related permits and other public approvals required for this project, including
those required by city, regional, state and federal agencies:
SPECIFIC PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT
6. Existing General Plan Land Use Designation: TR ------------------~
7. Existing zoning district: C-T-Q -----'--------------------------
8. Existing land use(s): LEGOLAND CALIFORNIA ---------------------------
9. Proposed use of site (Project for which this form is filed): ----------------
LEGOLAND CALIFORNIA -EXPANSION
Project Description
10. Site size: 128.32 ACRES -------------------------------
11. Proposed Building square footage: NI A -----------------------
2
02/22/06
12: Number of floors of construction: NIA
-------------------------
13. Amount ofoff-street parking provided: NIA -----------------------
14. Associated projects: NIA ------------------------------
15. If residential, include the number of units and schedule of unit sizes: -------------
NI A
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales
area, and loading facilities: ---------------------------NI A
17. If industrial, indicate type, estimated employment per shift, and loading facilities: ---------
NIA
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading
facilities, and community benefits to be derived from the project: _____________ _
NIA
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly
why the application is required: _________________________ _
NIA
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional
sheets as necessary).
20.
21.
22.
23.
24.
Yes
Change in existing features of any bays, tidelands, beaches, or hills, or D
substantial alteration of ground contours.
No
[8]
Change in scenic views or vistas from existing residential areas or public D (8]
lands or roads.
Change in pattern, scale or character of general area of project. D [8]
Significant amounts of solid waste or litter. D [8]
Change in dust, ash, smoke, fumes or odors in vicinity. D [8]
3
02122106
25.
26.
27.
28.
29.
30.
31.
•
Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
Substantial change in existing noise or vibration levels in the vicinity.
Site on filled land or on slope of 10 percent or more.
Use of disposal of potentially hazardous materials, such as toxic
substances, flammables or explosives.
Substantial change in demand for municipal services (police, fire, water,
sewage, etc.).
Substantially increase fossil fuel consumption (electricity, oil, natural gas,
etc.).
Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
Yes No
□
□
□
□
□
□
□
32. Describe the project site as it exists before the project, including information on topography, soil stability,
plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the
site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be
accepted.
33. Describe the surrounding properties, including information on plants and animals and any cultural,
historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land
use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height,
frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will
be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and information
required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented
are true and correct to the best of my knowledge and belief.
Date: _f_,_,N_,_fr;~7-______ _
4
Signature: ~ -£~
For: LE.&OL/fND Caliwnia
02/22/06
... • •
Additional Attachment for EIA
The proposed amendment to Carlsbad Ranch Specific Plan 207(e) is mainly
focused on revisions to the processing of future development of LEGO LAND
California. The specific plan amendment and corresponding Local Coastal
Program Amendment (LCPA 90-08) do not propose any new development at
this time. The proposed amendments have no new significant environmental
effect that was not previously analyzed in the prior program EIR and subsequent
Mitigated Negative Declaration. .
• • City of Carlsbad
14Fihhhi·i•J44Uiiht4hi
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
Consultation Of Lists of Sites Related To Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Wastes and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that ( check one):
[l] The development project and any alternatives proposed in this application are not
contained on the lists compiled pursuant to Section 65962.5 of the State Government
Code.
D The development project and any alternatives proposed in this application ![! contained
on the lists compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name: ---------------HOFMAN PLANNING & ENGINEERING
Address: 5900 PASTEUR couRT, STE. 150
Name: t\~r\\ (\ E.o--\ec4o, (\ Irea\S0r◊. op
1 LEGOLAND DRIVE (.),'5, tbk::li (}COY(.
Address: u --------------------------CARLSBAD, CA 92008 CARLSBAD, CA 92008
Phone Number:_(_7_6o_)_43_8_-_14_6_5 _____ _ Phone Number: __ ( 7_6_0 _l 9_1_8-_5_4_01 ___ _
1 LEGOLAND DRIVE
Address of Site: -----------------------------
CARLSBAD, SAN DIEGO COUNTY Local Agency (City and County): _______________________ _
Assessor's book, page, and parcel number: ___________________ _
Specify list(s): ____________________________ _
Regulatory Identification Number: ______________________ _
Date of List: ______________________________ _
CY~df~ 1/8/<a ~ ..._A_p"""p1.;;:;ic...,a""'nt""'s'-i .... g'""'na...;.t....:ur"""e=/D--a....;t_e-=---,-,.,...,~-+----Property ~re/Date
Admin/Counter/HazWaste
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • {760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
• bfd Hofman Planning
...:..._;;_ A s s o c i a t e s
Planning
TO:
FROM:
DATE:
SUBJECT:
Fiscal Analysis Environmental
Planning Department
Leslie Weinheimer
January 8, 2007
Legoland Future Expansion
•
TRANSMITTAL OF DOCUMENTS
The following application materials are for a minor amendment to the Carlsbad Ranch
Specific Plan 207 (E) and the corresponding Local Coastal Program Amendment. Please
find the following:
• Completed Land Use Review Application Form
• Environmental Impact Assessment Form
• Disclosure Statement
• Two copies of the Preliminary Title Report
• Completed Project Description/Explanation sheet
• Signed Hazardous Waste and Substance Statement
• (2) copies of Proposed text revisions to the Carlsbad Ranch Specific Plan
(modifications indicated using strikeouts and underlines)
• (2) copies of exhibit depicting Expansion area related to text amendments
• Early Public Notice Package for 600' and l 00' radius
• Check payable to City of Carlsbad for $6,932.55
If you have any questions, feel free to contact me at 7 60.438.1465.
Sincerely,
Leslie Weinheimer
HPE
RECEIVED
JAN O 8 2007
CITY OF CARLSBAD
PLANNING DEPT
5900 Pasteur Court • Ste 150 • Carlsbad • CA • 92008 • 7 60-438-1465 • Fax 7 60-438-2443
be a focus on food service at the end of the pedestrian access to the flower fields
and ridge promenade.
Figures 8, 9, 10, 11 and 12, found on pages 23 through 27, identify the
proposed location of land uses and the development program to be achieved on
the developable portion of the Carlsbad Ranch, which is expected to build out
over a 10 to 15 year time period.
The acreage contained in the Parcelization map on page 27 does not
directly correspond with the land use acreage as contained in the Zone 13 LFMP.
The Parcelization map provides separate lots for the developable land and the
roadways. While the land use maps contained in the Zone 13 LFMP provides
acreage that includes the adjacent roadways in the land use area.
The plans and maps provided in this specific plan are conceptual in nature
only. Site Development Plans and/or Conditional Use Permits will be required prior
to development in any of the Planning Areas within the Carlsbad Ranch Specific
Plan, or as otherwise stated within the Implementation section of each Planning
Area.
Carlsbad Ranch Specific Plan 26 RECEIVED
JAN O 8 2007
CITY OF CARLSBAD
PLANNING DEPT
a.
b.
Permitted uses within LEGOLAND Carlsbad are as follows:
Entrance facility;
Toll "plaza";
Retail shops, not including drive-up or drive-in services;
Restaurants, not including drive-up or drive-in services;
Service buildings associated with Park activities;
Offices related to Park activities, business and
administration;
Ancillary uses related to LEGO park;
Indoor and outdoor facilities for children related to
entertainment and education including overnight uses,
but not including high-speed thrill rides (those rides
typically oriented towards the teenage and young adult
audience);
Water features, lakes;
Picnic areas;
Landscaped areas;
Guest services and facilities;
Accessory uses which are clearly incidental or necessary
to principal permitted uses;
People moving systems;
Signs related to Park activities;
Parking;
Any other uses as determined by the Planning Director to
be of the same general character as the uses listed
above.
Permitted temporary uses within LEGOLAND Carlsbad which are
limited in duration, but occur from time to time, are as follows:
Festivals;
Craft fairs;
Markets;
Construction facilities; trailers, equipment and material
storage areas; ancillary uses related to project
construction.
Carlsbad Ranch Specific Plan 134
h. Signs
Signage within LEGOLAND Carlsbad shall conform to the
requirements of the City's zoning regulations (Chapter 21.41 of the
Carlsbad Municipal Code) and the Mello II segment of the LCP.
Signage for LEGOLAND Carlsbad will consist of both permanent
and temporary signs, which will fall into two categories:
Off Site Signage
On Site Signage
The approximate location of the project identity and directional
signs is shown on Figure 40 on page 127. The exact location, size and
design of these signs wHI be determined when the Site Development
Plan for LEGOLAND Carlsbad is submitted for review by the City of
Carlsbad. Additional signs not approved by Site Development Plan
can be approved through the LEGOLAND Attraction Permit process.
i. Off-Site Signage
Carlsbad Ranch Specific Plan
(a) Freeway Identification/Directional Signage on
lnterstate-5:
The function of the Freeway Identification signs are to
identify the Cannon Road exit as the access to
LEGOLAND Carlsbad. A minimum of four ground-
mounted signs indicating the LEGOLAND Carlsbad exit
point will be provided by CalTrans along Interstate 5.
These signs will be designed in accordance with all
applicable CalTrans standards.
(b) Project Identity and Directional Signage Within The
Carlsbad Ranch Specific Plan
Primary Park Identification
The function of the Primary Park Identification sign is to
create a sense of project entry and establish the park
image and character. This signage will be located at the
main park entrance at the roundabout intersection of
Armada Drive and LEGO Drive. Directory signage for the
145
The aggregate sign area of all signs in the specific plan
community identity sign program shall not exceed a total
of one hundred square feet, plus three square feet per
acre of property within the development ( l ,342.2 square
feet). No individual sign shall have an area larger than
one hundred and fifty feet.
Secondary Project Identification
The function of the Secondary Project Identification sign is
to direct vehicular traffic from Cannon Road on to LEGO
Drive. Additionally, this sign will announce park closures,
and activities that are not in operation. The Secondary
Project Identification sign will be located at the Cannon
Road and LEGO Drive intersection.
ii. On Site Signage
The exact locations and size of the on site signs will be
determined as a part of the Site Development Plan for
LEGOL/\l'lD Carlsbad. LEGOLAND Attraction Permit process.
The design and size of these signs will be kept in character with
LEGOLAND Carlsbad. The following text provides a description
of the various types of signs that will be provided and their
function.
Carlsbad Ranch Specific Plan
(a) Auto/Directional
The function of the Auto/Directional signs is to direct
visitors to the specific areas of LEGOLAND Carlsbad,
including pedestrian entrances and auto/parking lot
exits.
(b) Pedestrian
The function of the Pedestrian signage is to direct visitors
to various portions of the Park.
(c) Gateways
The function of the Gateway signage is to delineate
"districts" by marking the entrance to a new "experience"
within LEGOLAND Carlsbad.
147
•
b. Revisions to the design and landscaping of the parking area
that will not substantially impact vehicular or pedestrian access.
c. The relocation of attractions within the interior of the park that
will not substantially alter the appearance of the park from any
adjacent public road.
d. Revisions to the architecture of buildings as long as the revisions
are in conformance with the Design Guidelines of Section IV.E.3
( LEGOLAND Carlsbad Design Guidelines) of this specific plan.
e. Any other similar type of revisions determined to be minor in
nature by the Planning Director.
All other amendments to the Site Development Plan shall be reviewed
and approved by the Planning Commission pursuant to the procedures
contained within Chapter 21.06 of the Carlsbad Municipal Code and,
additionally, the Planning Commission shall have the right to refer any
substantial amendments of a controversial nature to the City Council.
LEGOLAND Attraction Permit
Pursuant to Exhibit 35A, ell future park attractions within the North Expansion
Area 2 that comply with the development standards and design guidelines set
forth in this Specific Plan shall require a LEGOLAND Attraction Permit (LAP). A
LEGOLAND attraction includes development of rides, retail. food & beverage
outlets, and other ancillary uses. The planning director shall ascertain all facts
pertinent to the proposed development and shall approve. conditionally
approve, disapprove or give notice of referral to the planning commission,
together with the findings and reasons for such action. An application for a
LEGOLAND Attraction Permit shall be made in accordance with the procedures
set forth below:
(1) An application for a LEGO LAND attraction permit may be made by the
record owner or owners of the property affected or the authorized agent
of the owner or owners. The application shall be filed with the planning
director upon forms provided him. The application shall be accompanied
by adequate plans which allow for detailed review, a legal description of
the property and all other materials and information specified by the
planning director.
(2) At the time of filing the application, the applicant shall pay a
Carlsbad Ranch Specific Plan 238
processing fee in an amount specified by city council resolution.
(3) If the applicant contemplates the construction of a LEGOLAND
attraction in phases, the application shall so state and shall include a
proposed phasing schedule.
Findings of the Planning Director.
In approving a LEGOLAND attraction permit (LAP), the planning director shall
make the following findings:
(1) The site indicated by the LEGO LAND attraction permit is adequate in size and
shape to accommodate the proposed use. and it complies with development
standards and design guidelines set forth in this Specific Plan.
Notification.
The planning director shall notify the applicant in writing of any decision made
on a LEGOLAND attraction permit (LAP).
Effective Date of Order and Appeal of Planning Director Decision.
The effective date of the planning director's decision and method for appeal of
such decision shall be governed by Section 21.54.140 of the municipal code.
5. Planning Area 5
Any development of the property including hotels and/or commercial
living units (timeshares) shall be subject to the approval of a Site
Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the
Carlsbad Municipal Code. In addition, a hotel or commercial living unit
(timeshare) shall be subject to the requirements of Section 21.42.010(10) of
the Carlsbad Municipal Code. In addition to the above requirements, the
City Council shall make the final decision to approve or disapprove the Site
Development Plan.
Any other uses proposed fort his site that are not specifically addressed
herein shall be subject to all applicable processing requirements of the
underlying zone and Title 21 (Zoning) of the Carlsbad Municipal Code.
6. Planning Area 6
Any development of the property shall be subject to the approval of a
Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of
Carlsbad Ranch Specific Plan 239
, . • •
documents may be tiered with the original EIR and may incorporate and reference
aspects and elements of the original EIR.
VIII. SPECIFIC PLAN ADMINISTRATION
A. INTRODUCTION
Approval of this Specific Plan signifies acceptance by the City of a general
framework as well as specific development standards for the build out of Carlsbad
Ranch. It is anticipated that certain amendments to the specific plan may be
necessary during the development of the area. Any amendments to the specific
plan shall occur in accordance with the Carlsbad General Plan and the
amendment process described in this section. Amendments may be initiated by
the City Council or the property owner.
Amendments to the Carlsbad Ranch Specific Plan shall be subject to the
review and appro'fal of tho City Council provided public input has boon solicited
through public hearings. The Planning Commission shall first hear and consider all
applications for an amendment to the specific plan. The Planning Commission shall
prepare a recommendation and findings on all applications for an amendment to
the City Council. As required by the Government Code and the California
Environmental Quality /\ct all agencies significantly affected by the amendment to
the plan shall also be notified of the proposed action prior to approving the
amendment of the specific plan.
Depending on the extent and impact of #to-a proposed Specific Plan
Amendment, a subsequent Environmental Impact Report or mitigated negative
declaration which focuses on the new impacts may be warranted. Two
categories of amendments to the Specific Plan can be processed: Minor and Major
Specific Plan Amendments.
B. STATE REQUIREMENTS
As contained in Section 65450, et. seq. of the California Government Code, a
specific plan shall be prepared, adopted, and amended in the s9me manner as a
general plan, except that a specific plan may be adopted by resolution or by
ordinance and may be amended as often as deemed necessary by the legislative
body. No specific plan may be adopted or amended unless the proposed plan or
amendment is consistent with the City's General Plan.
C. LOCAL REQUIREMENTS
It is anticipated that certain amendments to the specific plan may be
necessar1 during the de11elopment of the area. Any amendments to the specific
Carlsbad Ranch Specific Plan 278
. . . r • • •
plan shall occur in accordance ,,,1ith the Carlsbad General Plan. Tho amendment
process is described below. Amendments may be initiated by the City Council or
tho property owner.
All amendments shall be submitted to tho California Coastal Commission for
their review and approval, prior to their enactment, in accordance '.vith the
Coastal ,i\ct of 1976 and the California Code of Regulations.
1. MINOR SPECIFIC PLAN AMENDMENTS
Minor amendments that meet the criteria noted below shall be
reviewed for approval administratively by the Planning Director:
a.
b.
C.
d.
Expansions or reductions of up to 10% in area may be
allowed by the Planning Director.
Reali.gnment or modification of internal streets serving the
project. lot lines. site access locations. easement locations
and grading adjustments. if approved by Planning Director
and City Engineer.
Minor modifications that do not change the densities or uses of
the subject property as determined by the Planning Director.
Modification of design criteria such as minor architectural stvle
or detail changes. landscape treatments. fencing. lighting. etc ..
provided the modifications are in substantial conformance with
purpose and intent of the design criteria in the Specific Plan;
and with the baseline approval of the subject project.
Additional environmental review shall not be re uired for minor amendments
provided that such changes are determined to be in accordance with the
overall intent of the Specific Plan and do not represent a substantial change
in the project which would require major revisions to the previous EIR or
environmental review due to new significant environmental effects or
information. or increase in severity of previously identified significant impacts.
In addition. no Local Coastal Program Amendment will be required for Minor
Specific Plan Amendments.
MAJOR SPECIFIC PLAN AMENDMENTS
Carlsbad Ranch Specific Plan 279
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All modifications to the Carlsbad Ranch Specific Plan that do not meet
the criteria of a Minor Amendment as determined by the Planning Director
through the criteria listed above shall require a Major Specific Plan
Amendment. Major Amendments to the Carlsbad Ranch Specific Plan shall
be reviewed and approved by the City Council. after a recommendation of
the Planning Commission .
This Specific Plan was prepared pursuant to California Government Code
Section 65450, et. seq. and is partial implementation of the Mello II Segment
of the Local Coastal Program. All Major amendments to the Carlsbad Ranch
Specific Plan shall be submitted to the California Coastal Commission for their
review and approval of a corresponding Local Coastal Program
Amendment. prior to their enactment. in accordance with the Coastal Act of
1976 and the California Code of Regulations(Title 14. Division 5.5: California
Coastal Commission Administrative Regulations).
Amendments to the Specific Plan shall be processed in accordance
with the applicable requirements of lm0t, which include Section 65450, et.
seq. of the California Government Gode, the California Coastal Act of 1976,
and the California Gode of Regulations (Title 1 4, Division 5.5; California
Coastal Commission Administrative Regulations).
Carlsbad Ranch Specific Plan 280
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1111111. 81111
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BRUSH
CROSS SEE SH ~·
/ 35'LANDSCAPE& / SETBACK
ADDITIONAL 10' LANDSCAPE SETBACk:
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NORTH EXPANSION
AREA2
Figure 35B _
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PUBLIC TRAIL. EASEMENT
LEGOLAND Carlsbad -Future Expansion Area
LEGOL:JD
CALIFORNIA
21J'8UILDING & LANDSCAPE SETBACK
ADDmoNAt.10' LANDSCAPE SETBACK
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North
0 300'
ri....r-,
RECEIVED
JAN O 8 2007
CITY OF CARLSBAD
PLANNING DEPT