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HomeMy WebLinkAbout2013-08-07; Planning Commission; ; SDP 12-06|PUD 13-01|CDP 190C - COTTAGE ROW APARTMENTS The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: March 13, 2013 P.C. AGENDA OF: August 7, 2013 Project Planner: Christer Westman Project Engineer: David Rick SUBJECT: SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS – Request for the approval of a Conditional Use Permit amendment CUP 190(C) to rescind Conditional Use Permit CUP 190(B), and the approval of a Site Development Plan SDP 12-06 and Planned Development Permit PUD 13-01 to allow for the existing 24 apartment units to remain onsite and be made available for rent to the general public on property generally located at 1400 Flametree Lane in Local Facilities Management Zone 20. The project is exempt from the provisions of CEQA per the General Rule [CEQA Guidelines Section 15061(b)(3)]. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7005 APPROVING Site Development Plan SDP 12-06, Planned Development Permit PUD 13-01 and Conditional Use Permit CUP 190(C) based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The subject 12.2 acre property, which is located at 1400 Flametree Lane, is currently developed with a conditionally permitted (CUP 190) residential apartment project that includes 24 residential apartment units configured as 11 duplex buildings and 2 detached apartment units located around a circular private drive aisle. The center of the circular private drive aisle includes open guest and resident parking as well as a common building and open space. Ten of the duplex apartments include 1 carport covered parking space per unit and 1 uncovered parking space per unit. One of the duplex apartments (No. 22 and 23) includes 2 uncovered parking spaces per each unit; two of which are proposed to be covered with a carport as a part of this application. Each of the 2 detached apartments includes a 1 car garage and 1 uncovered parking space. There are undeveloped downhill slopes on the north and east sides of the project site that include Coastal Sage Scrub habitat. Access to the project site from the east is off of Aviara Parkway via Flametree Lane and from the south off of Mariposa Road via Sweet Briar Court. The existing project was first approved as a retirement village for retired missionaries, known as the Sudan Interior Mission, by Conditional Use Permit CUP 190 on December 17, 1980. At that time a Conditional Use Permit was required to allow a multi-family retirement community project in an (R-1) One Family zone. The original approval included conditions of approval which required that the retirement facility always be maintained as a faith based retirement facility and prohibited the CUP approval to “run with the land” and be transferred to a different property owner. An amendment to the Conditional Use Permit, CUP 190(A), was approved on 2 0 SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS August 7, 2013 Page 2 September 19, 1990 for the addition of a 560 square foot maintenance building. A second amendment, CUP 190(B), was approved on June 20, 2007 amending the conditions of approval to delete the prohibition of allowing the CUP approval to be transferred to a different property owner and “run with the land” and to reiterate that the property shall be maintained as a faith based retirement facility. Currently, neither the Sudan missionaries, nor any other faith based religious affiliation, occupy the apartment units and therefore the project applicant, Cottage Row Carlsbad, LLC is requesting to rescind Conditional Use Permit CUP 190 (B), through the approval of CUP 190 (C), to eliminate the requirement that the project be maintained as a faith based retirement facility, and to request the approval of a Site Development Plan SDP 12-06 and Planned Development Permit PUD 13-01 to allow for the existing 24 apartments to remain onsite and to allow for them to be made available for rent to the general public. Table 1 below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE 1 – GENERAL PLAN/ZONING/LAND USE Location General Plan Designation Zoning Current Land Use Site Residential Low-Medium (RLM); 0-4 du/ac with a 3.2 du/ac GMCP density R-1-10,000 w/Q Overlay 11 duplex and two detached apartment units North Unplanned Area (UA) Exclusive Agriculture (EA) Agricultural goods distribution center South Residential Low-Medium (RLM); 0-4 du/ac with a 3.2 du/ac GMCP density & Residential Medium (RM); 4-8 du/ac with a 6 du/ac GMCP density R-1-10,000 w/Qualified Development Overlay & Residential Density- Multiple (RD-M) w/Qualified Development Overlay Single-Family Residential East Residential High (RH); 15-23 du/ac with an 19 du/ac GMCP density Residential Density-Multiple (RD-M) w/Qualified Development Overlay Multi-Family Residential West Residential Medium (RM); 4-8 du/ac with a 6 du/ac GMCP density R-1-10,000 Qualified Development Overlay Single-Family Residential Because the R-1 zoned property is also subject to the Qualified Development Overlay zone, no building permit or other entitlement shall be issued for any use unless there is a valid Site Development Plan (SDP) approved for the property. Accordingly the applicant has requested the approval of a Site Development Plan for the approval of the existing site design plus the addition of carports over two existing uncovered parking spaces. SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS August 7, 2013 Page 3 The applicant has also requested approval of a Planned Development Permit, which is required solely for the purpose of permitting the approval of a land use other than one-family dwellings on the site. Pursuant to Section II.C.1.b. of the Land Use Element of the General Plan, on sites containing sensitive biological resources, as identified in the Carlsbad Habitat Management Plan (HMP), development with uses (including apartments) other than one-family dwellings may be approved with a Planned Development Permit (PUD), subject to the density range of the RLM designation. As shown on Figure 3 of the HMP (Vegetation Map City of Carlsbad), the property contains sensitive biological resources along the undeveloped slopes in the form of Coastal Sage Scrub habitat as a significant percentage of its gross area. As discussed above, the project site has a Residential Low-Medium (RLM) General Plan Land Use designation. Table 2 below includes the project site’s gross and net acreage, the number of dwelling units allowed by the General Plan’s Growth Management Control Point (GMCP) density for the RLM designation and the proposed project’s number of dwelling units and density. TABLE 2 – RESIDENTIAL DENSITY Gross Acres Net Acres DUs Allowed at GMPC Density DUs Proposed and Project Density 12.2 10.25 32.8 24 units/2.66 du/ac Approval of the project permits will allow the existing 24 residential rental units located at 1400 Flametree Lane to remain on-site and be made available for rent to the general public. As discussed in Section C. below, the existing structures comply with the applicable R-1 zone development standards. The only structural addition proposed is carports over two existing uncovered parking spaces. Approval of the project will not increase the average daily traffic (ADT) and therefore the street system will continue to adequately handle project traffic. IV. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Residential Low-Medium Density (RLM) General Plan Land Use Designation; B. Conditional Use Permits (CMC Chapter 21.42); C. One-Family Residential Zone with a Qualified Development Overlay Zone, 10,000 square foot minimum lot size (R-1-Q, CMC Chapters 21.10/21.06); D. Parking (CMC Chapter 21.44); and E. Planned Development Ordinance (CMC Chapter 21.45). The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations and policies is discussed in the sections below. A. General Plan The project site has a General Plan Land Use designation of Residential Low-Medium density (RLM) which allows for the development of one-family dwellings at a density of 0-4 dwelling units per acre with a Growth Management Control Point (GMCP) of 3.2 dwelling units per acre. SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS August 7, 2013 Page 4 As shown in Table 2 above, the existing 24 dwelling unit project has a density of 2.66 dwelling units per acre which is below the 3.2 du/acre GMPC density but is still within the General Plan RLM density range of 0-4 dwelling units per acre and therefore the project is consistent with the General Plan. Furthermore, pursuant to Section II.C.1.b. of the Land Use Element of the General Plan, on RLM designated sites which contain sensitive biological resources, as identified in the Carlsbad Habitat Management Plan, development with uses other than one-family dwellings may be approved with a Planned Development Permit (PUD), subject to the density range of the RLM designation. Figure 3 of the HMP (Vegetation Map City of Carlsbad) identifies that the northern and eastern undeveloped slopes of the property contain sensitive biological resources in the form of Coastal Sage Scrub habitat. Accordingly, with the approval of the proposed Planned Development Permit (PUD 13-01), at a density of 2.66 dwelling units per acre, the project is consistent with the General Plan B. Conditional Use Permit At the time that the 24 unit retirement community project was first approved, “retirement communities” were allowed in the One Family (R-1) zone by approval of a Conditional Use Permit. Since that time, the Carlsbad Municipal Code has changed and retirement communities are no longer listed as a permitted or conditional use in the R-1 zone. In the past thirty years, since the original approval of the project, “retirement communities” have evolved to include many resort-like features and a full spectrum of services. The project has none of these features or services and can no longer survive as a rental property restricted only to those who have retired from a faith based job. The Sudan missionaries, nor any other religious affiliation, currently occupy the retirement community units and therefore the project applicant is requesting to rescind Conditional Use Permit CUP 190 (B), with the approval of CUP 190 (C), to eliminate the condition of approval that the project be maintained as a faith based retirement community. Since the applicant is requesting approval to rent the apartments to the general public without an age or job status restriction, the CUP would no longer be applicable. Therefore, the original CUP for a faith based retirement community is being recommended to be rescinded through the adoption of CUP 190(C). C. One-Family Residential Zone with a Qualified Development Overlay Zone The intent and purpose of the R-1 One-Family residential zone is to implement the Residential Low (RL) density, Residential Low-Medium (RLM) density, and Residential Medium (RM) density land use designations of the Carlsbad General Plan; and provide regulations and standards for the development of one-family dwellings and other permitted or conditionally permitted uses as specified in the R-1 zone. Additionally, no building permit or other entitlement shall be issued for any use in the Qualified Development (Q) Overlay Zone unless there is a valid Site Development Plan (SDP) approved for the property. Table 3 below illustrates how the existing development with proposed minor carport addition exceeds all of the minimum site development standards of the R-1 zone. SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS August 7, 2013 Page 5 TABLE 3 – R-1 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED EXISTING COMPLY Front Yard Setback 20’ minimum 220’ Yes Street Side Yard Setback 10’ minimum N/A Yes Interior Side Yard Setback 10% of lot width 10’ maximum 100’ Yes Rear Yard Setback 20% of lot width 20’ maximum 24’ Yes Lot Coverage < 40% 5% Yes Max Building Height 30 feet. 15’ Yes The site is developed with appropriate setbacks and onsite amenities. No physical changes are proposed to the existing development with the exception to the addition of carports over two existing uncovered parking spaces. D. Parking As seen in Table 4 below, the project meets the required parking demand for apartments and has a surplus of resident and guest parking spaces. TABLE 4 – PARKING STANDARD REQUIRED PROPOSED COMPLY Parking: Apartments 1 Bdrm unit: 1.5 spaces 2 Bdrm unit: 2 spaces (One required space must be Covered) 1 guest space per four units 7 x 1.5 = 11 spaces 17 x 2 = 34 spaces -------------------------------- 45 spaces = 24 Covered spaces = 21 Open spaces = 6 guest spaces 48 spaces 24 Covered spaces 24 Open spaces 13 guest spaces Yes Surplus of 3 Open resident spaces and 7 guest spaces E. Planned Development Ordinance (CMC Chapter 21.45) A Planned Development Permit (PUD) is proposed with this project solely for the purpose of establishing a permitted land use on the site other than one family dwellings. Pursuant to the General Plan Land Use Element Section II.C.1.b, for sites containing sensitive biological resources, as identified in the Carlsbad Habitat Management Plan (HMP), development other than single family residential may be approved with a PUD. SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS August 7, 2013 Page 6 As identified on Figure 3 (Vegetation Map City of Carlsbad) the property contains sensitive biological resources in the form of Coastal Sage Scrub habitat as a significant percentage of its gross area. Therefore, the continued operation of the site as a multi-family residential rental project may be permitted through the approval of a PUD. Since the PUD is only to establish an “other” permitted land use in the One-Family (R-1) zone, the site is not subject to the other development standards of the Planned Development Ordinance (CMC Chapter 21.45). V. ENVIRONMENTAL REVIEW The project is exempt from the provisions of CEQA, pursuant to the General Rule [CEQA Guidelines Section 15061(b)(3)] that it can be seen with certainty that there is no possibility the project may have a significant effect on the environment. A Notice of Exemption will be filed by the City Planner upon final approval of the project. ATTACHMENTS: 1. Planning Commission Resolution No. 7005 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Planning Commission Resolution No. 1741 (CUP 190) 6. Planning Commission Resolution No. 6314 (CUP 190(B)) 7. Reduced Exhibits 8. Full Size Exhibits “A – C” dated August 7, 2013 M ARIPOSA RD HI D D E N V A L L E Y R D CA L M E R I A P L SALTAIRE W Y COBB L E S T O N E R D L A U R E L T R E E L N FLAME TREE N E B B TIDE ST TOPMAST DR A V I A R A P Y BOWSPRIT WY SWEETBRIAR C R SDP12-06 / PUD 13-01 / CUP 190(C) Cottage Row Apartments SITE MAP EL CAM REAL C A R L S BAD VILL AGE DR C A R L S B A D B L L A COSTA AV MELR O S E DR A V IARA PY RA NCHO S ANTA FE RD C OLL E GE BL EL CAMINO REAL SITE • N NOT TO SCALE DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carfsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary aclion on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be lflSClosed at the time of application submittal. Your project cannot be reviewed until this Information is completed. Please print Note· · · · Pers~n isde!ined as "Any ind\yidual, finn, co-partnership, joint venture,associaticin, social club, fraternal orga1Jization, corporation; estate, trust, receiVer, syndicate,. in this and any other county, dty and county, city municipality, distJicl: or other politic.al subdivision or any other group.or combination acting as a unit." ' -• ',, • -• • C C Agents may, sign this document; howe,,:er, the leg.al name and .entity of the applicant and property owner must be provided below. • 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of Ab!.. pe!SOns having a financial interest in the apprication. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS O\/\'N MORE THAN 10"/4 OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) 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 Russel Radach Corp/Part Cottage Row Carlsbad, LLC TJtle __ .,_M""a"'n"'a,,.gmg=· =-=P-=artn=""er'----Address _________ _ OWNER (Not the owner's agent) Title.__ ___________ _ Address. _ _:cP.O..cBo;;.;;;...x_2""'1"'"9~4--,e-_='"",.,,.,,.-- Newport Bch, CA 92659 Provide the COMPLETE, LEGAL names and addresses of ALL oersons 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, em.). If the ownership includes a corporation or partnership. include the names, titles, 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 (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officer.;. (A separate page may be attached if necessary.) Person Russel Radach Title Managing Partner Address,.._ _______ _ COip/Part Cottage Row Carlsbad, LLC Title '-------------- Address Po Box 2194 Newport Bch, C A 92659 Page 1 012 Revised 07/'IO 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 organlzation or as trustee or beneficiary of the. Non Profit/Trust,________ Non Proflt/Trust~-------- Title _________ --Title ____________ _ Address'-----------Address ~----------- 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/Or CouncJl within the past twelve (12) months? D Yes , ~No If yes, please indicate person(s): __________ _ NOTE: Attach add!Honal sheets if necessary. I certify that all the above Information is true and correct to the best of my knowledge. Signature of owneddate Russel Radach Print or type name of owner //-! 'i -~ I z._ Signature of applicant/date Russel Radach Print or type name of applicant Signature of owner/applicant"s agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page2 of2 Revised 07/10 J. 2 3 4 5 6 7 • • PLANNING COMMISSION RESOLUTION NO. 1741 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDI- TIONAL USE PERMIT TO ALLOW THE CREATION OF A RELIGIOUSLY RELATED RETIREMENT VILLAGE ON PRO- PERTY GENERALLY LOCATED ON THE WEST SIDE OF LAUREL TREE ROAD, SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT: CASE NO: SUDAN INTERIOR MISSION CUP-190 WHEREAS, a verified application has been filed with the 8 City of Carlsbad and referred to the Planning commission; and 9 WHEREAS, said verified application constitutes a request 10 as provided by Title 21 of the Carlsbad Municipal Code; and 11 WHEREAS, pursuant to the provisions of the Mun.:Lcipal Code, 12 the Planning commission did, on the 17th day of December, 13 1980, hold a duly noticed public hearing to consider said 14 application on property described as: 15 16 17 All that portion of Description No. 4 of Map 5715 filed December 19, 1960 being a portion of Map 823 filed November 11, 1896. WHEREAS, at said public hearing, upon hearing and 18 considering all testimony and arguments, if any, of all persons 19 desiring to be heard, said Commission considered all factors 20 relating to CUP-190. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 22 Commission of the City of Carlsbad as follows: 23 A) 24 B) 25 26 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CUP-190, based on the following findings and subject to the following conditions: Findings: 27 28 1) The proposed use is desirable for the development of the community, is essentially in harmony with the various APN 212-040-23 l 2 3 2) 4, 5 / 3) 6 7 4. 8 5. 9 10 11 6, 12 13 • • elements 9nd objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in this zone. The subject property is adequate in size and shape to accommodate the proposed use. ~11 of the yards, setbacks,·wallB, fences, landscaping and other features necessary to adjust the requested use to existing and permitted future uses in the neighborhood will be provided and maintained. The street system serving the subject property is adequate to properly handle· all. traffic generated by the proposed use, This project will not: cause any significant environmental impacts, and a negative dec1aration has been issued by the Planning Director on November 17, 1980 and approved by the Planning Commission on December 17, 1980. That the specific use of this site as a low density, church related residenti9l project will minimize the need for public services to the site and the Planning Com.~ission can find that adequate public services will be available to serve this specific project. 14 Conditions, 15 1) 16 17 16 2) 19' 20 3) 21 22 ' 4) 23 I i 5) :: I 6) 26 27, Approval is granted for CUP-190 as shown on Exhibits A and B, dated November 6, 1980, incorporated by reference and on fi1e in the Planning Department .. Development shall occur substantially as shown unless otherwise noted in these conditions. Approval of this request shall not excuse compliance with all sections of the zoning Ordinance and all other applicable city ordinances in effect at tiroe of building permit issuance~ This approval shall become null and void if building permit applications are not submitted for this project within one year from the date of project approval. All landscaped areas shall be maintained in a healt.hy and thriving condition, free from weeds, trash, and debris. Approval. of Conditional Use Permit No. 190 is granted subject to approval of Tentative Tract No, CT 80-44 and all conditions of CT 80-44 shall be complied with. This conditional Use Permit is non-transferable and the use of the property shall be maintained as a religious affiliation. Any change of use on this property shall require an amendment to this Conditional Use Permit. 28 Ill/ RESO il741 -2- • • l PASSED, APPROVED AND ADOPTED at a regular meeting of the I 2 ·p1anning Commission of the City of Carlsbad, California, held 3 on the 17th day of December, 1980, by the following vote, to wit: 4 5 9 10: AYES: MI\IOJS, roMBOI'IS, I.l\FSON, LEEI:s, JCEE, FRIESTEllr, L'HEUREOX NOES: Nl<E ABSENT: NONE ABSTAIN: NJNE , Chairman PLANNING COMMISSION 11 ATTEST: 16 171 18 19 20 21 22 23 i 24 25 26 27, I 28 PC RESO U741 -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28. PLANNING COMMISSION RESOLUTION NO. 6314 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO AMEND THE CONDITIONS OF APPROVAL FOR A FAITH-BASED RETIREMENT VILLAGE LOCATED AT 1400 FLAME TREE LANE IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: SUDAN INTERIOR MISSION (SIM) CASE NO.: CUP !90(B) WHEREAS, George Salloum, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by SIM USA, Inc., "Owner," described as All that portion of Description No. 4 of map 5715 filed December 19, 1960, being a portion of Map 823 filed November 11, 1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibit "A" dated June 20, 2007, on file in the Planning Department SIM USA, INC. -CUP 190 (B), as provided by the conditions of approval of CUP 190 and CUP 190 (A) Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of June, 2007, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP amendment; and WHEREAS, on June 20th, the Planning Commission approved CUP 190 (B), as described and conditioned in Planning Commission Resolution No. 6314. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 2.0 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES SIM USA, INC. -CUP 190(8) based on the following findings and subject to the following conditions: Findings: I. 2. 3. 4. 5. 6. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which th.e proposed use is located, in that the amendment leaves the site in harmony with the General Plan and is not detrimental to the existing or proposed uses as it does not reflect a substantial change in the site and facilitates the continued operation of a faith-based retirement village. That the site for the intended use is adequate in size and shape to accommodate the use, in that the site is currently adequate for the current use and the proposed amendment is not proposing any new development. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the amendment does not change the use and no new development is proposed. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing street system is currently adequate to serve the retirement village and no change in use or development is occurring. That the Planning Director has determined that the project qualifies as an action that has been determined by the state Legislature pursuant to Section 15301, consisting of tbe operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of ~be lead agency's determination. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: I. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said PC RESO NO. 6314 -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4 .. 5. 6. conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit Amendment. All the conditions contained in Planning Commission Resolution No. 1741, dated December 17, 1980, for CUP 190, and Planning Commission Resolution No. 3105, • dated September 19, 1990 are incorporated herein by reference and remain in effect, except Condition No. 6 of Planning Commission Resolution No, 1741, which is to be deleted and replaced by Condition No. 6 below. This Conditional Use Penni! shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director detennines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the pennittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This Conditional Use Permit is granted for a period of 15 years from June 20, 2007 through June 20, 2022. This pennit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This pennit may be extended for a reasonable period of time not to exceed 5 years upon written application of the pennittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold hannless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this CUP 190 B. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. • This Conditional Use Permit (CUP 190 (B)) is transferable with the land and the use of the property shall be maintained as a faith-based retirement facility, 7. Property owner shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) pennit and the City's SUSMP. Property owner shall provide improvements constructed pursuant to best management practices as referenced in the "California Stonn Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Improvements shall include installing a storm drain inlet filter in the drain inlet on PC RESO NO. 6314 -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. Sweetbriar Circle prior to the next annual review and to the satisfaction of the City Engineer. Property owner shall notify prospective owners and tenants of the following: A. B. C. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into-storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the next annual review of this Conditional Use Permit. The property owner shall take measures to stabilize the driveway entrance on Aviara Parkway to prevent erosion and the movement of debris info the public right-of-way. Material and application of said material for the driveway shall be permanent and is subject to the City Engineer's approval. Prior to the issuance of the Conditional Use Permit Amendment, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit Amendment by Resolution No. 6314 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RESO NO. 6314 -4- 2 3 4 5 6 7 8 9 10 1 1 12 l 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" offecs, dedications, reservations, or other exactions hereafter collectively referred to for convenience as ""fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED tbat your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other si1nilar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of June, 2007 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Baker, Commissioner Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton UULI BAKER, Chairperson t;:~_R_I, BAD PLANNING COMMISSION ATTEST: ~~ DON NEU Planning Director PC RESO NO. 6314 -5- OF 1 SHEET PREPARED BY: 3 REVISIONS DATE BYNO. 1446 DU's # SPACES/DU TOTAL SPACES 1 BDRM UNITS 7 1.5 11 2 BDRM UNITS 17 2 34 GUEST PARKING 0.25 6 TOTALS 24 --51 DU's LOCATION TOTAL SPACES COVERED 24 1 COVERED PER UNIT 24 OPEN IN LOT ADJ. TO REC AREA 13 GUEST PARKING IN DRIVEWAYS 22 ACCESSIBLE PARKING IN LOT ADJ. TO REC ARE 2 TOTALS 24 61 REQUIRED PARKING PROVIDED PARKING PRIVATE O.S.1,440 SF COMMON REC.4,800 SF 5,175 SF 14,045 SF STORAGE 392 SF 216 SF REQUIRED PROVIDED SDP 12-06/PUD 13-01 PROJEC ~ Cl1Y o.,. ~1' 0 ~ OF ~ ROAD ~~ ~QJ, CARLSBJ-\D CITY OF SAN MARCOS . ' ' AVE. <{<,"\_ '<,'<': c.,'1' CITY OF ENCINITAS VICINITY MAP LEGEND PROJECT BOUNDARY EASEMENT LINE BLOG NO. EXISTING SEWER MAIN WITH MANHOLE NTS ---- EXISTING WATER MAIN 11'/FIRE HYDRANT - - --W-__ y__l - EXISTING SLOPE % OF GRADE /NO/CA TES BLOG. ADDRESS /NO/CA TES BLOG./LJNIT NUMBER EXISTING STORM DRAIN SYSTEM A. HEADWALL 8. CLEANOUT C. RIPRAP (ENERGY DISS/PATER) EXISTING STREET LIGHT FOR MORE DETAILS, SEE SHEET 2 ABBREVIATIONS FL FLOW LINE TW TOP OF WALL BW BOTTOM OF WALL TF TOP OF FOOTING FS FINISH SURFACE s SEWER w WATER RW RECLA I MED WATER SD STORM DRAIN NTS NOT TO SCALE ELEV ELEVATION IE INVERT ELEVATION R/W RIGHT OF WAY PL PROPERTY LI NE GB GRADE BREAK Pl POINT OF INTERSECTION (V.C.) p PAD ELEVATION SF GROSS SQ. FT. NSF NET SQ. FT. FP FLOOD PLAIN VG VERTICAL CURVE Ml-I MANHOLE RCP REINFORCW CONCRETE PIPE LEGAL DESCRIPTION PARCEL A: 8 A --er-- - --cJ~ LOT 135 OF CITY OF CARLSBAD TRACT 97-14, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13840, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 1, 1999, ANO AS CORRECTED BY A "CERT/FICA TE OF CORRECTION" RECORDED MAY 12, 2004 AS INSTRUMENT NO. 2004-0431259 OF omc/AL RECORDS. PARCEL 8: A PORTION OF THE LAND DESIGNATED AS "DESCRIPTION NO. 4, 76.89 ACRES" AS SHOWN AND DELINEATED ON RECORD OF SURVEY NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, ALSO BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIDNDA, IN THE CITY DF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1986, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED ON SHEET 3. PLANNED DEVELOPMENT PERMIT 13-01 AND SITE DEVELOPMENT PLAN SOP 12-06 COTTAGE RO CITY OF CARLSBAD, CALIFORNIA PROJECT I I I 20 19 + I I I I I 1 28 I I I I ' \ .I< L,---- 1 ,~----... I -I I I I '. llf: I I 7 I 36 I I I I I I I ' PUBLIC UTILITIES AND DISTRICTS TELEPHONE ................ AT&T GAS & ELECTRIC ........... SAN DIEGO GAS & ELECTRIC CO. SEWER .................... VALLECITOS WATER DISTRICT STORM ORA IN. . . . . . . . . . . . . . CI TY OF CARLSBAD WATER .................... VALLECITOS WATER DISTRICT POLICE ................... CITY OF CARLSBAD SCHOOLS .................. ENC/NI TAS UNION ELEM. SCHOOL DIST. SCHOOLS .................. SAN DIEGU/TO UNION HIGH SCHOOL DIST. CABLE .................... COX RECLAIMED WATER .......... CARLSBAD MUNICIPAL WATER DISTRICT "' ,---------\ I I I I 17 ' ' '~ _,/ '~ /t 11 PROJECT MAP SCALE: 1 "=80' OPEN SPACE SUMMARY --------------~ \ \ \ \ \ \ \ \ I V I I I 6 --------- + 86 I I I I I I ' + I I I 3+: I I I I + PARKING SUMMARY \ \ I 1 \ \ 2 I \ \ \ ~ .. I I I I I I I I I I I GENERAL NOTES 1. TOTAL SITE AREA: APPROXIMATELY 12.22 ACRES 2. EXISTING LAND USE: 24 RENTAL UNITS 3. PROPOSED LAND USE: SAME 4. TOTAL NUMBER OF EXISTING BLDGS: 13 (11 DUPLEX, 2 SF) 5. TOTAL NUMBER OF EXISTING LOTS: 1 6. ASSESSOR'S PARCEL NUMBERS: 212-040-47-00, 212-220-57-00 7. EXISTING GENERAL PLAN LAND USE DESIGNATION: 8. 9. 10. 11. 12. 13. 14. RLM (RESIDENTIAL LOW-MEDIUM DENSITY {0-4 du/acJ) MIDPOINT DENSITY: 3.2 du/ac PROPOSED GENERAL PLAN LAND USE DES I GNAT I ON: SAME AS EXISTING, NO PROPOSED CHANGE EXISTING/PROPOSED ZONING: R-1 MFASPD GROSS OVERALL DENSITY: 2.0 DU/AC (24 DU'S/12.22 AC) LFMP ZONE: ZONE 5 AVERAGE DAILY TRIPS: 240 (24 UNITS x 10 TRIPS/DAY) BUILDING COVERAGE: APPROXIMATELY 0.60 ACRES PERCENTAGE LANDSCAPING: APPROXIMATELY 22% (DOES NOT INCLUDE EXISTING NATURAL OS AREAS) GENERAL DESIGN NOTES 1. NO GRADING IS PROPOSED AS PART OF THIS APPLICATION. 2. ALL EASEMENTS SHALL BE PROVIDED, REMOVED OR RELOCATED AS REQUIRED BY THE CITY ENGINEER, PUBLIC UTILITIES AND THEIR APPROPRIATE DISTRICTS. 3. ALL EXISTING UTILITIES ARE CURRENTLY INSTALLED UNDERGROUND. NO NEW UTILITIES ARE PROPOSED. 4. SOURCE OF TOPOGRAPHY: R.J.LUNG FLOWN 04-17-12 5. CONTOURED INTERVALS: 1 '/5' FEET OWNER /APPLICANT COTTAGE ROW CARLSBAD LLC A CALIFORNIA LIMITED LIABILITY CO. PO BOX 2194 NEWPORT BEACH, CA 92659 (714) 403-0773 REPRESENTATIVE DAVID A. HAMMAR R.C.E. 34757 MY REGISTRATION EXPIRES ON 9/30/13 /st SUBMITTAL HUNSAKER & ASSOCIATES 2 ReSUBMITTAL (PUD # added) 3 ReSUBMITTAL 4 SAN DIEGO, INC. 5 PLANNING 9707 Waples Slreel 6 ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)558-4500 • FX(858)558·1414 7 8 DATE 12/19/12 JHA 01/14/13 JHA 04/10/13 JHA PLANNED DEVELOPMENT PERMIT 13-01 & SITE DEVELOPMENT PLAN SOP 12-06 COTTAGE ROW CITY OF CARLSBAD, CALIFORNIA R:\1117\&Pln\Cottoge Row SOP Shi 01.dwg[}Apr-09-2013:20:14 g c::, I ~ c:i ::a: c:i "' 1446 OF 2 SHEETPREPARED BY: 3 SDP 12-06/PUD 13-01 "\ I I \ \ \ I 1/ \ 1/ 16 \ I 1 I \ \ I I I I I I I I I / 1 161 4 ~f .5 r, \~.F· f(_ r' ... ..,,i,) r(_ -~F';::j ' 01 ··, f' 167.3 >< 0 2 ,ei 19 A 62 . / ) 0 FL 4. 4' SII E L ~ ~ ex, ex, 0 01 I I p ,>.. ~ ':? • ~~~~ ?~ ~~ L ;~ CL . . 7-rs"o ~ ---:\-~ \ ~~ . ..,~1..------=~~---~'-'"'~~- ----0 ~ r- ~ Ns,~w·L 1~~ ~~ ~~ ~ ---,00 -_ __ ___,,- A~~a LT~ \"'Vv"< ;::;-..;~---------~I/'---------~=:,;~~ --1 \ t ~~.j / ----::::::765::::-----:v----/ \ ' l;;,o -------I INs, 0.7",'Sf''2!:,,__f ----, .....___ I [ PL X--~ ,-_;c_c._~r'y;:-=~~~ -- r"-- 1430 BR H . . :,..; 02. >< 1417 L 9 o , • INS/ , E: PL-..,._--rll\l .... e. ® ® ""' I "' I <:Ji I [:::>. I [:::>. I <:] I 45<) I I J 1415 .... ~® @ L 1 0 .: \ i~ :; \ '•,\ • • --- • RA I I IN Box I W so M1; I I t-<rr-'--... -....l 14• IGN• \ 2. V ourslD . e;ir LA~r -- LEGEND PL CLF FL CONC. @ o--Q ¢ R @ © ® @ @ ~ ~ [[] @I ~ IIB I.I, -P+ ~ (§ J., 6. 181 !ill s ~ffl IND/CA TES PROPERTY LINE IND/CA TES CHAIN LINK FENCE IND/CA TES FLOW LINE INDICATES FLOW LINE OF BROW DITCH (J' WIDE X 1' DEEP) INDICATES CONCRETE INDICATES NUMBER OF PARKING SPACES IND/CA TES STREET LIGHT IND/GA uh. TRAFFIC SIGNAL IND/CA /ES -;IRE HYDRANT IND/CA TES WATER SERVICE INDICATES TELEPHONE PEDESTAL IND/CA TES WATER METER INDICATES WATER AV INDICATES SEWER CLEANOUT INDICATES IRRIGATION VALVE IND/CA TES TELEPHONE PEDESTAL INDICATES ELECTRICAL PANEL INDICATES SEWER MANHOLE INDICATES ELECTRIC VAULT INDICATES 5' CHAIN LINK FENCE IND/CA TES WROUGHT IRON FENCE INDICATES ELECTRICAL TRANSFORMER PAD INDICATES STORM DRAIN CURB INLET INDICATES STORM DRAIN MANHOLE INDICATES TRAFFIC SIGN INDICATES MAIL BOX IND/CA TES POWER POLE IND/CA TES GUY ANCHOR IND/CA TES HANDICAP PARKING SPACE IND/CA TES PILASTER INDICATES RETAINING WALL NEAR BOUNDARY INDICATES RETAINING WALL INDICATES HANDHOLE INDICATES GATE VALVE INDICATES AC PAVEMENT ~j'g;if~gj IND/CA TES CONCRETE INDICATES OBSERVED BUILDING ADDRESS IND/CA TES STORM DRAIN INLET INDICATES BDLG./UNIT NUMBER CALLOUT --------- BLDG SQUARE FOOTAGES BLDG A (TYP). BLDG 1410 & 1412 = BLDG 1422 & 1424 = BLDG 1442 & 1444 = BLDG B (TYP). 1714 SQ. FT. 1714 SQ. FT. 1714 SQ. FT. BLDG 1411 & 1413 = 2137 SQ. FT. BLDG 1414 & 1416 = 2137 SQ. FT. BLDG 1418 & 1420 = 2137 SQ. FT. BLDG C (TYP). BLDG 1415 & 1417 = 2290 SQ. FT. BLDG 1426 & 1428 = 2290 SQ. FT. BLDG 1430 & 1432 = 2290 SQ. FT. BLDG 1438 & 1440 = 2290 SQ. FT. BLDG D BLDG 1434 = 1777 SQ. FT. BLDG D 2 BLDG 1446 = 1645 SQ. FT. BLDG 1400 = 2284 S~. LARGE SHED = 165 SQ. /;i" SMALL SHED = 560 SQ. FT. I I I I I I I I ' / I I , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ' I I / I I I I I I I I ' I NOT~ I I I I I ALL TIE LINES BETWEEN BOUNDARY LINES AND I I BUILDINGS ARE go· UNLESS OTHERWISE SHOWN.: : I I I I I I I I I I I I I I I ' I I\ \ \I I , I \ \ \ I , I \ \ \ I ' I \ \ \ \ ' ;;/r \ \ (0 \ \ \~ \ \ /\J \ \, \ \, \ ' I \ \ \ \\ \ I I I \ I I I -------- ~~~),ll~ ~~----+-±=-=-===-:-::-::--:::=:!._=W-----,~ /,/ ------------7~~----/, 40 80 120 ---- SCALE 1 "= 40· R:\ 1117\&:Pln\Cottage Row SDP Sht 02.dwg□Jul-30-2013:14:0B OF 3 SHEETPREPARED BY: 3 SDP 12-06/PUD 13-01 LEGAL DESCRIPTION PARCEL A: ASSESSOR'S PARCEL NUMBER APN: 212-040-47-00 AND 212-220-57-00. TITLE REPORT LOT 135 OF CITY OF CARLSBAD TRACT 97-14, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13840, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 1, 1999, AND AS CORRECTED BY A "CERTIFICATE OF CORRECTION" RECORDED MAY 12, 2004 AS INSTRUMENT NO. 2004-0431259 OF OFFICIAL RECORDS. THIS SURVEY IS BASED ON THE PRELIMINARY TITLE REPORT ISSUED BY CHICAGO TITLE COMPANY ORDER NUMBER 127400339-K26 DATED MAY 9, 2012. PARCEL B: A PORTION OF THE LAND DESIGNATED AS "DESCRIPTION NO. 4, 76.89 ACRES" AS SHOWN AND DELINEATED ON RECORD OF SURVEY NO. 5 715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, ALSO BEING A PORTION OF LOT "G" OF THE RANCHO AGUA 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 SAID SAN DIEGO COUNTY, NOVEMBER 16, 1986, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID "DESCRI PT/ON NO. 4, 76.89 ACRES"; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL, SOUTH 09n 58' 17" EAST 680.09 FEET TO A LINE PARALLEL WITH AND 80.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN A DEED RECORDED JUNE 20, 1978 AS INSTRUMENT NO. 78-254337, OF OFFICIAL RECORDS; THENCE LEAVING SAID WESTERLY LINE AND .,, .,, ~ ---- -_, FOLLOWING ALONG SAID PARALLEL LINE, NORTH 77 u 22' 52" EAST .,-.,-\ 868.50 FEET; THENCE NORTH JBo 40' 06" WEST 41.36 FEET TO THE _,, .,-\ BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, THE .,-\ 51 RADIUS POINT OF SAID CURVE BEARS NORTH 51•, 19' 54" EAST .,,.,- 1451.00 FEET,· THENCE ALONG SAID CURVE 732.93 FEET THROUGH A ~---\ ' ........... \ CENTRAL ANGLE OF 280 56' 29' TO A POINT ON THE NORTH LINE OF , -... \ SAID "DESCRIPTION NO. 4", DISTANT NORTH 7/0 35" 51" EAST 676.82 \. '-... \ FEET FROM THE AFOREMENTIONED NORTHWEST CORNER; THENCE '-' -... \ ALONG SAID NORTH LINE, SOUTH 7/U 35' 51" WEST 676.82 FEET TO '"" ''-... \ THE NORTHWEST CORNER OF SAID "DESCRIPTION NO. 4" ANO THE / , '-... ? Fi \ POINT OF BEGINNING. ( '-"-' ,o \ I ' -... \ ' ------SAID LAND IS DESCRIBED AND SHOWN AS PARCEL 1 ON EXHIBITS "A" AND "B" ATTACHED TO THAT CERTIFICATE OF COMPLIANCE WITH CONDITIONS RECORDED APRIL 12, 1989 AS INSTRUMENT NO. 89-191109, OFFICIAL RECORDS OF SAID COUNTY. / ' ........... \ I ' ', \ I ' -... I ', I 25 ' ( I --49' GRID_\.-__ _ 684.:..--uNDf-----------1' GRO I ---{684·5 I ---63•44'45 I ~---s ----~ 1 --I ----I ~ "CLSB-053" I \ N 1,989,541.385 I :Z, E 6,238,303.684 _____ _ \ FOUND 2.5" BRASS DISC, --- - -_ \ STAMPED "CLSB-053 LS \ 6215" PER ROS 17271. \ \ 24 23 7 ' I ' I ' I I I I I I I I I I I I I I I I I I I FOUND 2 • IRON PIPE AND DISC STAMPED "LS 5669 • PER MAP NO. 13482. FOUND 2• IRON PIPE AND DISC STAMPED "LS 2789" PER R.O.S. 5715. \ \ I 60 0 60 120 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ "'' ~ -, ~\ ---\ VI ';;.,\ 0 ... , "<\ ~,~ 'CQ ~,~~ ~ ,-~. ~ '-t., U'_ ~ G'> \ G'> C'I ~\~Ul C:.\ 6\ \ \ \ \ LEGEND • INDICATES FOUND MONUMENT AS NOTED. \ \ \ \ \ \ \ \ \ \ \ \ \ ·-- \ ■ INDICATES FOUND L/D @ 9.75' 0/S ON AN EXTENSION OF THE LOT LINE STAMPED "L.S. 6215" PER ( MAP NO. 13840 UNLESS OTHERWISE NOTED. INDICATES CONTROL MONUMENT FROM RECORD OF SURVEY 17271 AS NOTED. ) INDICATES RECORD DATA PER DEED RECORDED AUGUST 20, 2007 AS DOC. NO. 2007-0554030 UNLESS OTHERWISE NOTED. BASIS OF BEARINGS \ \ ~ \ \ \ \ \ \ \ \ \ \ \ \ \ -------- 22 21 20 19 ' I ' I / Cl -\ -< I I I I I I I I I I I I I I ----- 27 I 28 \ I I ,,,,,, II I I ,,,,,, I\ I I / \\ I 11 ~ I I I I ,,,"' I\ I I 11> "'1'1 I \ I I 'Ci~()'J~-------+-\ Lr-----.o';,<c;~ I I I ,io'o,,,. 0o I I ----- SCALE 1 •-60' FOUND 1/2 • REBAR WITH CAP STAMPED "RC£ • 27732" IN LIEU OF 3/4 PER PM 15661. 15 \ \ \ \ 15 \ \ \ THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA STATE PLANE COORDINATE SYSTEM CCS 83, ZONE 6, EPOCH 1999.92 BASED ON THE GRID BEARING BETWEEN CITY OF CARLSBAD STATIONS PT 53 CLSB-053 AND PT 48 CLSB-048 PER ROS 17271. I.E. S18'51'2J"E \ I ,,,,,-,,,o'o· I I I 4 \ I I I QUOTED BEARINGS FROM SAID REFERENCE MAPS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT CITY OF CARLSBAD PT 53 CLSB-053 CSF: 0.999962320 GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR BENCHMARK BENCHMARK COUNTY OF SAN DIEGO NGVD 29: R/800 246+65 EC 1985401.403 6249151.468 T12R4W23 A A TRV 1972 2D 0295.335 2 3 AC EL CAMINO REAL H A STREET CL MON. ON EL CAMINO REAL 1.83 Ml. NLY FROM LA COSTA AVE. TENT. ADJ. ELEV. 295.335 \ \ \ \ \ \ \ \ \ I ,,,.<._; I I I I /~~ I I ~-------,('\'oov I I I ---- ,,,"', I I I / I I I I /,,, I 3-: c: I I I , u 37 17 _,,,, I • I 11 / I "CLSB-048 I '---.!~~ N 1,987,35B.B7B \ \ I E 6,239,049.071 I I ,, / ,, : FOUND 2.5" BRASS Dff~• 16215" \ I ) STAMPED "CLSB-048 I , ~/ PER ROS 17271 ' / ,,✓ s11S 14 \ \ \ \ 180 451.27' I I I I I I I I I I I I 13 PARCELB 12.084 ACRES GROSS \ \ \ JO \ \ \ \ \ TITLE REPORT EXCEPTIONS: TH[ FOLLOWING MATTERS AITTCT PN?C[L B TH[ FOLLOWING EXCEPTIONS ARE FROM THE TfTlE REPORT ISSUED BY CHICAGO TfTlE COMPANY ORDER NO. 127400JJ9-K26 DAW MAY 9, 2012: 17• COVENANTS ANO RESTRICTIONS, IF ANY, APPEARING IN THE PUBLIC RECORDS, IMPOSED BY ANY lAIID CONSERVATION CONTRACT [)([CU/ED PURSUANT TO GOVE:RNM[NT COO[ S[CTIONS 51200 CT SEQ. (ALSO CALLED THE WILLIAMSON ACT) AUTHORIZING IH£ ESTABLISHMENT OF AGRICULTURAL PRESERV[S, IH£ US£ OF TH[ lAND WITHIN TH[ PR[S[RVE MAY BE RESTR/CT[D BY TH[ LAND CONTRACT TO AGRICULTURAi. R[CREATIONAL. Of'[N-SPAC[. A/ID OIHER COMPATIBL[ L/SES, 1. 2. WAT[R RIGHTS, CLAIMS OR TfTlE TO WAT[R, WHETHER OR NOT DISCLOSED BY THE PUBLIC RECORDS. THE FOLLOWING MATTERS AFFECT PARC[L A AN AGREEMENT, AND THE T[RMS A/ID CONDmONS AS CONTAINW THER[IN DAW: JULY 6. 1982 1 BY AND BETWEEN: VISTA LOMA INVESTMENTS A/ID THE CITY OF CARLSBAD, A I \ MUNICIPAL CORPORATION / RECORDED: DEC[MBER 29, 1982 AS FIL[ NO. 82-398028 OF OFFICIAL RECORDS REGARmNG: FOR THE PAYMENT OF A PUBLIC FACILITIES Fff I RffER[NCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. II '\ 3. AN AGRE[MENT, AND THE TERMS A/ID CONDITIONS AS CONTAINW THER[IN DAT[D: AUGUST 18, 1988 BY AND BETWEEN: LAUREL TREE /NV[STM[NT COMPANY AND THE CITY OF CARLSBAD I RECORDED: OCTOBER 10, 1988 AS RLE NO. 88-515162 OF OFRCIAL RECORDS / -REGARDING: FOR THE PAYMENT OF A PUBLIC FACILITIES Fff I ' _ ---REFER[NCE IS HER[BY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. ~~T,:~~s~~iNTBYf;~~~i.RDT -,-I ~ -----\---_ _ --4. A DOCUMENT fNTITLED "DEED RESTRICT/ON", EX[CUTED BY CARLSBAD HEIGHTS ASSOCIATES, IN FAVOR OF THE CALIFORNIA COASTAL COMMISSION, SUBJECT TO ALL THE II T[RMS, PROVISION(S) A/ID CONDITIONS THER[/N CONTAINED, RECORDED MARCH 6, 1989 AS RL[ NO. 89-113853, OFRCIAL RECORDS. MOD/RCATION(S) OF TH[ T[RMS AND PROVISIONS OF SAID DOCUMENT AS THEREIN ANGLE AND DISTANCE. ~-.r--PROVID[D. ' RECORDED: OCTOBER 14, 1999 AS RLE NO. 1999-0693448, OF OFRCIAL \ R[CORDS 5. A DOCUMfNT fNTJTL[D "CERTfR[D COPY OF RESOLUTION NO. 97-528 OVERRULING AND DfNYING PROTESTS AND ESTABLISHING BR/DG[ AND THOROUGHFARE DISTRICT NO. 2 , (AV/ARA PARKWAY-POfNSmfA LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC \ IMPROVEMENTS IN SAID CITY". DAT[D JULY 8, 1997 EXECUmJ BY THE CITY OF CARLSBAD, SUBJ[CT TO ALL TH[ ffRMS, PROVISIONS AND CONDITIONS THEREIN CONTAIN[D, R[CORDED JULY 22, 1997 AS RL[ NO. 1997-0349124. OFRCIAL RECORDS. REFERENC[ IS HEREBY MADE TO SAID DOCUM[NT FOR FULL PARTICULARS. , 6. A DOCUMfNT SUBJ[CT TO ALL TH[ TERMS, PROVISIONS A/ID CONDITIONS TH[R[/N \ CONTAIN[D. [NTITLED: NOTICE CONCERNING AIRCRAFT EIMRONMENTAL IMPACTS CASE NO. CT 97-14 RECORDED: AUGL/ST 3, 1999 AS DOCUMENT NO. 99-536800, OF OFRCIAL R[CORDS \ U 7. A DOCUM9JT SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN P CONTAINED. 7} ENTITLED: NOTIC[ A/ID WAIVER CONCERNING PROXIMITY OF THE EXISTING AV/ARA C, PARKWAY TRANSPORTATION CORRIDOR GAS[ NO. 97-14 1_-c\ --cl R[CORD[D: AUGL/ST J, 1999 AS DOCUMENT NO. 99-536801, OF OFRCIAL \ , p RECORDS 7} 8. AN AVIGATION EASEMENT REFERRED TO BELOW AND RIGHTS INCIDENTAL THERETO AS 5,_ C, PROVIDED IN A DOCUMfNTS; p t'-c RECORDED: AUGL/ST 6, 1999 AS DOCUMENT NO. 99-545494, OF OFRCIAL , R[CORDS \ " REFERENCE IS HERfBY MADE TO SAID DOCUM[NT FOR FULL PARTICULARS. 7_ __ 9. A DOCUMfNT SUBJ[CT TO ALL TH[ T[RMS, PROVISIONS A/ID CONDITIONS TH[R[/N CONTAIN[D. 0 fNTITLED: HOLD HARMLESS AGREEMENT DRAINAGE \ RECORD[D: AUGL/ST 9, 1999 AS DOCUMENT NO. 99-550754, OF OFRCIAL RECORDS ~' 10. A DOCUMENT SUBJECT TO ALL THE TERMS, PROVISIONS A/ID CONDITIONS THEREIN CONTAINED. CT\ ENTITLED: HOLD HARML[SS AGREEMENT DRAINAGE \ 'yi Cl> R[CORDED: AUGL/ST 9, 1999 AS DOCUMENT NO. 99-550755, OF OFRCIAL --R[CORDS 11. A DOCUMENT SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED. ' \;:i ENTJTL[D: HOLD HARMLESS AGREEMENT GWLOG/CAL FAILURE ,-o A, RECORDS 18. AN EAS[MENT FOR /HE PURPOS[ SHOWN BELOW Al/0 RIGHTS INC/DfNTAL /HERETO AS SIT FORTH IN A OOCUMENT. PURPOSE: PUBUC ROAD R[COROED: OCTOBER S, 1899 IN BOOK 280, PAGE 292 OF DEEDS AITTCTS: TH[ EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF A, RITORO. ~ AN EAS[MENT FOR THE PURPOSE SHOWN BELOW A/ID RIGHTS INCIDENTAL /HERETO AS SIT FORTH Ill A DOCUMENT. (NO REPRESENTATION IS MADE AS TO /HE PR£S£NT OWNERSHIP OF SAID EASEMENT} IN FAVOR OF: SAIi D/[GO GAS & ELECTRIC COMPANY PURPOSE: PUBUC UTfLITlES, INGRESS AIID [GRESS R[COROfD: MARCH 19. 1947 IN BOOK 2J6S. PAG[ 17S OF omCIAL RITORDS AITTCTS: THAT PORTION OF SAID lAIID AS DESCRIBED IN /HE OOCUMENT ATTACHED HERETO. 20. AN EAS[MENT FOR /HE PURPOS[ SHOWN BELOW AIID RIGHTS INCIDfNTAL /HERETO AS SIT FORIH IN A OOCUMENT. PURPOSE: ROAD AND UTILITY PURPOSES AS GRANTED/RESERVE INSTRUMENTS OF R[CORO. ON[ OF WHICH R[COROED: AUGUST 8, 1962 AS INSTRUM[NT NO. 134624 OF OFFICIAL R[COROS AITTCTS: THAT PORTION OF SAID LAND AS DESCRIBED IN /HE OOCUMENT ATTACH[D f'-. HERETO. al:,. AN [AS[M[NT FOR /HE PURPOSE SHOWN BELOW AND RIGHTS INC/DfNTAL /HERETO AS SIT FORTI/ IN A DOCUMENT. (NO REPRESENTATION IS MADE AS TO Tl/£ PRESENT OWNERSHIP OF SAID EASEMENT) IN FAVOR OF: SAIi Df[GO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTfLITlES, INGRESS AND [GRESS R[COROED: JUNE 19, 1967 AS INSTRUMENT NO. 87836 OF OFRCIAL RECORDS AITTCTS: THAT PORTION OF SAID LAND AS DESCRIBED IN THE OOCUMENT ATTACHED 22. All EASEM[NT Fdlfflfiff· PURPOS[ SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SIT FORTH IN A DOCUMENT. (NO REPR[SENTATION IS MAD[ AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT) IN FAVOR OF: TH[ PAC/RC TELEPHONE & T[L[GRAPH COMPANY PURPOS[: PUBLIC UTfLmES, INGRESS A/ID [GRESS RECORDED: JUNE 26, 1967 AS INSTRUMENT NO. 91843 OF OFFICIAL R[CORDS AFFECTS: THAT PORTION OF SAID LAND AS D[SCRIBED IN TH[ DOCUMENT ATTACHED HERETO. 2J. RECORD OF SURVEY MAP NO. 5715, RECORDED D£C£MB[R 19, 1960 WHICH DISCLOSES VARIANCES FROM TH[ RECORD L[GAL DESCRIPTION OF SAID LAND. Rff[RENC[ IS MAD[ TO SAID MAP FOR FURTHER PARTICULARS. 24. A DOCUMENT ENTITLED "SAN mrno COAST R[G/ONAL COMMISSION AGR[[MENT IMPOSING RESTRICTIONS ON REAL PROPERTY", DAT[D APRIL 28, 1981 EX[CUT[D BY SUDAN /NT[R/OR MISSION, INC. ANO THE SAN DIEGO COAST REGIONAL COMMISSION, SUBJ[CT TO ALL THE T[RMS, PROVISION(S) AND CONDmONS THEREIN CONTAINED, RECORD[D MAY 5, 1981 AS /';. INSTRUMENT NO. 81-138858. OF OFRCIAL R[CORDS. ~ All EASEM[NT FOR TH[ PURPOS[ SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SIT FORTH IN A DOCUMENT. (NO REPRESENTATION IS MADE AS TO TH£ PRESENT OWNERSHIP OF SAID EASEMENT) IN FAVOR OF: COSTA REAL MUNICIPAL WA/ER DISTRICT PURPOS[: A PIPWNE OR PIPELINES RECORDED: D[C[MBER 8, 1981 AS INSTRUM[NT NO. 81-J8J916 OF OFFICIAL R£CORDS A/HCTS: THAT PORTION OF SAID LAND AS D[SCR/8[0 IN THE DOCUMENT ATTACH[D HERCTO. 26. All EAS[M[NT FOR TH[ PURPOS[ SHOWN BELOW ANO RIGHTS INCIDENTAL THERETO AS SIT FORTH IN A DOCUMENT. (NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT) IN FAVOR OF: SAN D/[GO GAS & [L[CTRIC COMPANY PURPOSE: PUBLIC UTfLmES, INGRESS A/ID [GRESS RECORDED: MARCH JI, 1982 AS INSTRUMfNT NO. 82-087465 OF OFRCIAL R£CORDS AFFECTS: THE [XACT LOCATION AND EXTENT OF SAID EAS[M[NT IS NOT DISCLOS[D OF R[CORD. \ ), R[CORD[D: AUGL/ST 9, 1999 AS DOCUMENT NO. 99-550756, OF OFRCIAL ...,; ~ THE EFITCT OF THE FOLLOWING RECITAL CONTAINED ON THE MAP OF SAID LAND MAP , t~ ~ NO. 13840 27• \ RECITAL, LOT 1 J5 IS A PRIVATE STREIT 1J. THE FACT THAT THE MAP OF SAID LAND CONTAINS PROVISIONS RELATING TO PUBLIC A DOCUMENT ENTTTlED "LOT LIN[ ADJUSTMENT AGREEMENTS', DAffD AUGUST JI, 1988 EXECUTED BY LAUREL TR£[ INVESTMENT COMPANY AND SIM USA INC.. SUBJECT TO ALL THE IERMS, PROVISION(S) A/ID CONDITIONS THEREIN CONTAINED, R[CORDED SEPffMBER 9, 1988 AS INSTRUMENT NO. 88-45J98J. OF OFRCIAL R[CORDS. N7i56'1,2"£.E \ (N7i22 52 \ \ I I I I I I I • $8,28 68 61' 8 ' ') 568,50 5 359,07' I I I I I I I I 5 I I I 4 IMPROVEMENTS A/ID G[O-T[CHNICAL R[QU/REMENTS. ALL AS SIT FORTH ON SH[IT 11 OF SAID MAP NO. 13840. \ 14. A DOCUMENT SUBJ[CT TO ALL TH[ TERMS, PROVISIONS A/ID CONDITIONS THER[IN CONTAINED. ENTJTL[D: HOLD HARMLESS AGREEMENT DRAINAGE RECORD[D: OCTOBER 20, 1999 AS RLE NO. 1999-0705725, OF OFRCIAL , A, RECORDS \ ~ EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW A/ID RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT; PURPOSE: CONSTRUCTING, REASONABLY MAINTAINING, R[PAIRING A/ID RENOVATING TH[ oO LANDSCAPING, LANDSCAPING IRRIGATION SYSTEM A/ID ROAD BERMS AND ROAD SURFACE AFFECTS: SAID LAND \ ':, \ • RECORDED: SEPTrMBER 7, 2000 AS FILE NO. 2000-0480492, OF OFFICIAL RECORDS 0, A DOCUMENT ENTmED "ASSIGNMfNT AND ASSUMPTION OF AGREEMENT FOR ,.,.o 'J GRANT OF EAS[MENT", DAW MAY 24, 2002 EXECUmJ BY STANDARD PACIFIC CORP., A DELAWARE CORPORATION, IN FAVOR OF CARLSBAD SHOR[PO/NT[ \ HOMEOWNERS ASSOCIATION, SUBJECT TO ALL THE TERMS, PROVISION(S) A/ID CONDmONS THEREIN CONTAINED, R[CORD[D JUN[ 17, 2002 AS INSTRUMENT NO. 2002-0509145 OF OFRCIAL R[CORDS. 16. A UMENT ENTITLED "AFFORDABL[ HOUSING AGREEMENT IMPOSING RESTRICTIONS ON \ REAL PROPERTY~ DAT[D S[PT[MBER 28, 2001 [X[CUmJ BY THE CITY OF CARLSBAD, A MU /PAL CORPORATION AND STANDARD PACIFIC CORP .. A DELAWAR[ CORPORATION. SUBJEC TO ALL THE ffRMS, PROVISIONS A/ID CONDmONS TH[REIN CONTAINED, R[CORD OCTOB[R 10, 2001 AS FIL[ NO. 2001-0732177, OFRCIAL RECORDS. \ ---_____ :c-\ ~------\ ------~::::=== -:..c---~, -~ \ FOUND 2• /RON PIPE AND DISC STAMPED ''LS 5669" PER MAP NO. 13B40 I I I I I I I I 3 I I I I I I I I I \ \ \ \ \ I I \ \ \ ' ·1 ;I 1~ _, 9 I I 2 \ \ I I \ \ \ ' 1 \ 28. 29. REFERENCE IS HER[BY MADE TO SAID DOCUM[NT FOR FULL PARTICULARS. COVENANTS, CONDmONS A/ID RESTRICTIONS (BUT OMITTING ANY COVENANT OR RESTRICTIONS, IF ANY, BASEO UPON ON RAC[, COLOR, RWG/ON, S[X, S[XUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANC[STRY, OR SOURC[ OF INCOME, AS SIT FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE [XT[NT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPL/GABL[ LAW) AS SIT FORTH IN TH[ DOCUMENT R[CORDED:MARCH 6, 1989 AS INSTRUMfNT NO. 89-113853, OF OFRCIAL RECORDS NOT[: SECTION 12956.1 OF TH[ GOVERNMENT CODE PROVIDES THE FOLLOWING: "IF THIS DOCUM[NT CONTAINS ANY RESTRICTION BASED ON RAC[. COLOR. RWGION. S[X. SEXUAL OR/[NTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, SOURCE OF INCOME AS DEF/N[D IN SUBDIVISION (P) OF SECTION 12955, OR ANCESTRY, THAT RESTRICT/ON VIOLATES STAT[ ANO FEDERAL FAIR HOL/5/NG LAWS AND IS VOID, A/ID MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT COD£ LAWFUL RESTRICTIONS UNDER STAT[ AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER P[RSONS SHALL NOT BE CONSTRU[D AS RESTRICTIONS BASED ON FAMILIAL STATUS.' COVENANTS, CONDITIONS A/ID RESTRICTIONS (BUT OMITTING ANY COVENAIIT OR R[STRICTIONS, IF ANY, BASED UPON ON RACE, COLOR, RWGION, S[X, S[XUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS. DISABILITY, HANDICAP. NATIONAL ORIGIN, ANC[STRY, OR SOURC[ OF INCOM[. AS SIT FORTH IN APPL/GABL[ STAT[ OR FEDERAL LAWS, EXCEPT TO THE D<T[NT THAT SAID COVENANT OR RESTRICTION IS PERM/TmJ BY APPL/GABL[ LAW) AS SIT FORTH IN THE DOCUMfNT RECORDED:MARCH 6, 1989 AS INSTRUMfNT NO. 89-113854, OF OFFICIAL RECORDS NOT[: SECTION 12956.1 OF TH[ GOVERNMENT COO£ PROVIDES THE FOLLOWING: "IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL OR/fNTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, SOURC[ OF INCOM[ AS DEF/N[D IN SUBDMSION (P) OF SECTION 12955, OR ANC[STRY, THAT RESTRICT/ON VIOLAT[S STAT[ Mo FEDERAL FAIR HOUSING LAWS ANO IS VOID, AND MAY BE R[MOVED PURSUANT T TO S[CTION 12956.2 OF THE GOVERNMfNT COD£ LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AG[ OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS R[STRICTIONS BAS[D ON FAMILIAL STATUS.' JO, A CONDmONAL CERTIFICAT[ OF COMPLIANC[ DAT[D: MARCH 31, 1989 [)(£CUTED BY: CITY ENGINEER, CITY OF CARLSBAD COMPLIANCE NO.: CE 523 R[CORD[D: APRIL 12, 1989 AS INSTRUMENT NO. 89-191109, OF OFRCIAL R[COROS CONDmONS: AS SIT FORTH THEREIN REFERENCE IS HER[BY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. J1. CERTIR£0 COPY OF R[SOLUTION NO. 97-528, OVERRULING A/ID DENYING PROT[STS A/ID ESTABLISHING BRfDG[ A/ID THOROUGHFARE DISTRICT NO. 2 (AV/ARA PARKWAY-POINSmfA LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY AND R[COROED JULY 22, 1997 AS INSTRUMfNT NO. 1997-0349124, OF OFRCIAL RECORDS. J2, A NOTICE OF RESTRICTION ON REAL PROPERTY RECORDED: AUGUST 15, 2007 AS INSTRUM[NT NO. 07-543852, OF OFFICIAL RECORDS JJ. A DOCUM[NT SUBJECT TO ALL THE T£RMS, PROVISIONS ANO CONDITIONS THER[IN CONTA/N[D. ENTITLED: PERMANENT STORMWAIER QUALITY B[ST MANAG[M[NT PRACTICE MA/NT[NANCE AGREEMENT RECORDED: AUGUST 15, 2007 AS INSTRUM[NT NO. 07-54J85J, OF OFFICIAL RECORDS J4. COVENAIITS, CONDITIONS AND RESTRICTIONS (BUT OMlmNG ANY COVENANT OR RESTRICTIONS. IF ANY. BASED UPON ON RACE, COLOR. R[LfGION, S[X. S[XUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANC[STRY, OR SOURCE OF INCOM[. AS SIT FORTH IN APPL/GABL[ STAT[ OR FEDERAL LAWS, [XCEPT TO THE [XT[NT THAT SAID COVENANT OR RESTRICTION IS PERMITmJ BY APPL/GABL[ LAW) AS SIT FORTH IN TH[ DOCUMENT R[FERR[D TO IN THE NUMBER[D ITEM LAST ABOVE SH6WN. PARCELA 1 -r O i)., c-r 1 I r,.r I I I I I I I \ NOT[: S[CTION 12956.1 OF TH[ GOVERNMENT COD[ PROVIDES THE FOLLOWING: "IF THIS DOCUM[NT CONTAINS ANY RESTRICTION BAS[D ON RAC[. COLOR, RELIGION. SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, SOURC[ OF INCOM[ AS DERN£D IN SUBDN/5/0N (P) OF SECTION 12955, OR ANCESTRY, THAT RESTRICT/ON VIOLAT[S STAT[ AND ffOERAL FAIR HOUSING LAWS A/ID IS VOID, A/ID MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STAT[ AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN S[N/OR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT B[ CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS.' 5950 SQ. FT \ \ \ 9 \ 1-rY ' C ' \ \ \ \ \ \ \ \ \ \ \ \ 8 I I I I I I I I I I I :o I I I I 'I 3EJL(O 1 I \ / u J"I I I I \ I \/ \ I SURVEYORS NOTE: ALTHOUGH PARCEL "A• IS SHOWN ON THIS SURVEY AND INCLUDED WITHIN THE BOUNDARY OF THE LAND DESCRIBED IN THE PRELIMINARY TITLE REPORT ISSUED BY CHICAGO TITLE COMPANY ORDER NUMBER 12740D339-K26 DATED MAY 9, 2012, THE BOUNDARY AND IMPROVEMENTS WERE NOT SURVEYED. THE MONUMENTATION WAS VISUALLY VERIFIED TO EXIST BUT NOT FIELD LOCATED. ALL INFORMATION SHOWN ON PARCEL "A" IS CALCULATED PER MAP NO. 13B40 AND FOR INFORMATIONAL PURPOSES ONLY. I I I NOTES 1. 2. J. 4, 5, 6. 7. B. PROPERTY ADDRESS: 1400-1446 FLAME TREE LN, CARLSBAD, CA. THIS PROPERTY IS IN FLOOD ZONE •x• AS SHOWN ON FIRM(FLOOD INSURANCE RATE MAP) PANEL NUMBER 06073C1031F. TOTAL AREA: 12.0B4 ACRES (GROSS) VERTICAL RELIEF BASED ON AERIAL TOPO PROVIDED BY R.J. LUNG AND ASSOCIATES FLOWN ON APRIL 17, 2012. CURRENT ZONING: R-1-10000-Q PORTIONS OF THE HORIZONTAL MAPPING WERE CREATED BY PHOTOGRAMMETRIC METHODS AND MEET THE NATIONAL MAP ACCURACY STANDARDS. THERE WAS NO OBSERVED EVIDENCE OF CURRENT EARTH MOVING WORK, BUILDING CONSTRUCT/ON DR BUILDING ADDITIONS. THERE WAS NO OBSERVED EVIDENCE OF THE SITE BEING USED AS A SOLID WASTE DUMP, SUMP OR SANITARY LANDFILL. TH[ FOLLOWING MATTERS AFFECT ALL PARC[LS 35. MATTERS WHICH MAY BE DISCLOS[D BY AN INSPECTION AND/OR BY A CORRECT ALTA/ACSM LAND TITL[ SURVEY OF SAID LAND THAT IS SATISFACTORY TO THIS COMPANY, AND/OR BY INQUIRY OF TH[ PARTIES IN POSSESSION THERWF. THIS OFFIC[ MUST BE NOTIRW AT LEAST 7 BUSINESS DAYS PRIOR TO THE SCH[DULED CLOSING IN OROER TO ARRANGE FOR AN INSPECTION OF THE LAND; UPON COMPLETION OF THIS INSPECTION YOU WILL BE NOTIFIED OF THE REMOVAL OF SPECIFIC COVERAGE [XC[PTIONS AND/OR ADDITIONAL EXCEPTIONS TO COVERAGE. J6. ANY RIGHTS OF PARTIES IN POSSESSION OF SA/0 LAND, BASED ON ANY UNRECORD[D LEASE, OR LEASES. HUNSAKER PLANNED DEVELOPMENT PERMIT 13-01 & SITE DEVELOPMENT PLAN SOP 12-06 PLANNING ENGINEERING SURVEYING & ASSOCIATES SAN DIEGO, I NC 9707 Waples Street San Diego, Ca 92121 PH(BSB)SSB,4500 • FX(BSB)SSB,1414 COTTAGE ROW CITY OF CARLSBAD, CALIFORNIA I >! d .. ________________________________________________________________________________________________________________________________ ., ____________________________________________________ .,. ____ .... R:\ 1117\&:Pln\Cottage Row SDP Sht 03.DWG[]Apr-09-2013:20:15