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Home My WebLink AboutCT 90-38; Aviara PA 26; Tentative Map (CT)STATE OF CAUFORNIA—THE RESOURCES AGENCY PETE WIISON, Govwnor CALIFORNIA COASTAL COMMISSION SAN OIEGO COAST AREA 31 n CAMINO DEL RIO NORTH, SUITE 200 SAN OIEGO. CA 92108-1725 (619) 521-8036 Date June 12. 1992 Application No. Page 1 of 3. 6-92-93 NOTICE OF INTENT TO ISSUE PERMIT June n . 1992 , the California Coastal Conmnission approved the Aviara Land Associates subject to On _ application of the attached standard and special conditions, for the development described below: Description: Site: Subdivision of 28.9 acres into 68 single family residential lots (minimum lot size 7,500 sq.ft.) and 3 open space lots and site preparation including 4,100 cubic yards of balanced cut and fill. Lot Area Zoning Plan Designation Project Density 28.9 acres PC - Planned Community RLM/RM/OS/RC/N (4 dua/8 dua max.) 2.35 dua Southeast corner of Alga Road and Kestrel Drive, Carlsbad, San Diego County. APN 215-040-23. The permit will be held in the San Diego District Office of the Commission, pending fulfillment of Special Conditions 1 & 2 . When these conditions have been satisfied, the permit will be issued. CHARLES DAMM DISTRICT DIRECTOR BY NOTICE OF INTENT TO ISSUE PERMIT NO. 6-92-93 Page 2 of 3 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the pennit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the pennit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The pennit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Gradinq/Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, final site and grading plans approved by the City of Carlsbad which incorporate the following requirements: A. All grading activity shall be prohibited between October 1st and April 1st of any year. 8. All permanent runoff and erosion control devices shall be developed and installed prior to October 1. I NOTICE OF INTENT TO ISSUE PERMIT NO. 6-92-93 Page 3 of 3 SPECIAL CONDITIONS, continued: C. All areas disturbed, but not completed, during the construction season, including graded pads, shall be stabilized prior to October 1. Any proposed temporary erosion control measures, such as interceptor ditches, sandbagging, debris basins, temporary desilting basins and silt traps shall be used in conjunction with plantings to minimize soils loss from the construction site. 0. Maintenance of temporary erosion control measures is the responsibility of the applicant, including replacement of any devices altered or dislodged by storms. 2. Landscape/Fire Suppression Plan. Prior to the issuance of the coastal development pennit, the applicant shall submit a revised detailed revegetation plan indicating the type, size, extent and location of all plant materials, any proposed irrigation system and other landscape features to revegetate all manufactured slopes. Selective clearing and removal of vegetation in Zones 2 and 3 shall be identified, and shall not exceed the limits of the fire suppression program contained in COP #6-91-46-A. Drought tolerant native vegetation only shall be allowed in Fire Suppression Zone 2 and Zone 3 areas. No removal or replacement of landscape materials shall occur beyond the limits of Zone 3 areas. Drought tolerant native plants shall be utilized to the maximum extent feasible to re-establish the area consistent with its present character and that of the surrounding vegetation in all other areas. Said plan shall be submitted to, reviewed and approved in writing by the Executive Director. 3. Future Development. This permit is for subdivision and site improvements of Planning Area 26 North only. All other development proposals for the site, including the construction of single family residences, shall require review and approval by the Coastal Commission, or its successor in interest, under a separate coastal development permit or an amendment to this permit. (3345N) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a pubUc hearing at the Cotmcil Chambers, 1200 Carlsbad ViUage Drive (formerly Elm Avenue), Carlsbad, Califomia, at 6:00 p.m. on Wednesday, December 4, 1991, to consider approval of a Tentative Tract Map to include 68 single family residential lots (minimum 7500 square foot) and 3 open space lots on a 28.9 acre site on property generally located at the southeast comer of the intersection of Alga Road and Kestral Drive, in Local FaciUties Management Zone 19 and more particularly described as: Portion of Section 27, Township 12 South, Range 4 West, San Bemardino Meridian, in the City of Carlsbad, County of San Diego. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after November 27, 1991. If you have any questions, please call Eric Munoz in the Planmng Department at 438-1161, ext. 4441. If you challenge the Tentative Tract Map in court, you may be limited to raising only thoise issues you or someone else raised at the pubUc hearing described in this notice or in written correspondence deUvered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 90-38 APPLICANT: AVL\RA PA 26(N) PUBLISH: NOVEMBER 21, 1991 CITY OF CARLSBAD PLANNING COMMISSION ENM:km AVIARA PLANNMG AREA 26(N) CT 90-38 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. 1 am principal clerk of the printer of the Carlsbad Joumal, a newspaper of general circulation, published weekly in the City ofCarlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of Califomia, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the follow- ing dates, to-wit: NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN that the punning Commission of the City OfCarlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, Califomia, at 6:00 p.m. on Wednes- day, December 4,1991, to consider approval of a Tentative Tract Map to include 68 single family residen- tial lots (minimum 7S00 square foot) and 3 open space lots on i 28.9 acre site on property generally located at the southeast comer of the in- tersection of Alga Road and Kestral Drive, in LAcal Facilities Manage- ment Zone 19 and more particularly described as: Portion of Sections 27, Township 12 South, Range 4 West, San Bernar- dino Meridian, in the City of Carls- bad, County of San Diego. Those persons wishing to speak on this proposal are cordially invit- ed to attend the public hearing. Copies of the staff report will be available on and after November 27,1991. If you have any questions, please call Eric Munoz in the Plan-ning Department at 438-1161, ext. 4441. Ifyou challenge the Tentative Tract Map in court, you may be lim- ited to raising only those issues you or someone else raised at the pub- lic hearing described in this notice or in written correspondence deli- vered to the City of Carlsbad at or prior to the public hearing. Case File: CT 90-38 Applicant: Aviara PA 26(N) CITY OF CARLSBAD PLANNING COMMISSION November 21 CT 90-38 a MOa: November 21,1991 .19_ .19. .19_ 19_ 19 91 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of Cali- fomia on the 21st November, 1991 day of_ Clerk of the Printer ^ NOTICE OF PUBLIC HEARING ^ NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, Califomia, at 6:00 p.m. on Wednesday, December 4, 1991, to consider approval of a on property generally located at and more particularly described as: Those persons wishing to speak on this proposal are cordially invited to attend the pubUc hearing. Copies of the staff report will be available on and after November 27, 1991. If you have any questions, please call Eric Munoz in the Planning Department at 438-1161, ext. 4441. If you chaUenge the Tentative Tract Map in court, you may be Umited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the pubUc hearing. CASE FILE: CT 90-38 APPLICANT: AVIARA PA 26(N) PUBLISH: NOVEMBER 21, 1991 CITY OF CARLSBAD PLANNING COMMISSION ENM-.km Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Joumal, a newspaper of general circulation, published weekly in the City ofCarlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and stUl has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and pubUshed at regular intervals in the said City of Carlsbad, County of San Diego, State of Califomia, for a period exceeciing one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the follow- ing dates, to-wit: NEGATIVE • 0^I^AIlATIQI«r PROJEGTVAKDRKSS/LOCA-TION: Planning Area 26 North within Phase II of the Aviara Mas- ter Plan. SbuUiiSid^ of Alga Road betweenI%ase land proposed Kes- tral Drive, PROJECi' DESCRIPTION: A tentative mapinvolving the trading and subdiviijon of a 28.9 acre site for 68 sisgle Jamily homes oh 7,500 square footniitimum lots. The City of Carlsbad has con- ducted awanvir^mental review of the above described project pur- suant to the Guidelines for Iitiple- mentation of the California En- vironmental Ijiiality Act and the Environmental Protection Ordi- nance.ofthe City of Carlsbad. As a result of said review, a Negative Declaration' (Heelaration that the project williiidt have a signiricant impact on lh.e,environment) is hereby issued for the subject pro- ject. Justification for this action is on file in tb« Kalming Department, i A copy of the Negative Declara- tion with suppc^ive documents is on file in tbeMdflning Department, 2075 Las PaVmat Otive, Carlsbad, California 92009. Comments from the public are invited. Please sub-mit cointftents in writing tp thei Planning'.Department litiUiin 30 days of date of issuance. If you liavei any questions, please call Eric Munoz in the Planning Department at 438-1161, extension 4441. Dated: August 1,1991 ! Case No: CT 90-38 ' Applicant' Aviara Land Associates MICHAEL J. HOLZMILLER Planning Director CI 6193: August 1, 1991 August 01 19 91 19_ 19_ 19_ 19 I certify under penalty of perjury that the foregoing is ttue and correct. Executed at Carlsbad, County of San Diego, State of Cali- fomia on the 1st day of August, 1991 Clerk of the Printer Notice of Detmnination 9201'? 4 To: _X_ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Coimty Clerk County of San Diego Atto: Mail Drop C-11 220 West Broadway San Diego, CA 92101 From: City of Carlsbad Planning Department 2075 Las Palmas Dr. Carlsbad, CA 92009 ®9) 438-1161 Annetle J. Evans, Clerk MAR 1 11992 ProjectNo.: CT 90-38 ' FDiiig; of Notice of Detennination in conq>liance with Section 21108 or 21152 of the ptiblic Resources Code. Aviara Planning Area 26(N) Project Title 91081010 Eric Munoz f6l9')438-116l. ext. 4441 State Qearing^ouse Number (If submitted to Clearinghouse) Lead Agency Contact Person Area Code/Telephone/Extension Southside of Alga Road between Phase I and proposed Kestrel Drive in the Citv of Carlsbad. San Diego Cotmtv. o Project Location (include county) Project Descrqption: A Tentative Map involving the grading and subdivision of a 28.9 acre site for 68 single family homes on 7,500 square foot minimum lots. This is to advise that the City of Carlsbad has approved the above described project on March 3,1992 and has made the foUowing detenninations regarding the above described project. 1. The project will not have a significant effect on the environment. 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA 3. Mitigation measures were not made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project 5. Findings were made pursuant to the provisions of CEQA This is to certify that the final Negative Declaration with comments and responses and record of project approval are available to the General PubUc at THE CITY OF CARLSBAD. MICHAEL J. HOLZMILLER ' 'Date PLANNING DIRECTOR TITLE Date received for filing at OPR: ENM:kin FILED I» THE OFPICI OF THE COUNTY OLBRK, SAKDIBQJQUCTJMTTOIJ MAR 1 1 \W F08T1ID l_L!??La22^ovBD APR 1 n 199? RITURHEDTOAOBWCTON DEPUTY Revised October 1989 Citv of Carlsbad Planning Department NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Planning Area 26 North within Phase II 'of the Aviara Master Plan. Southside of Alga Road betwdeh Phase I and proposed Kestral Drive. PROJECT DESCRIPTION: A tentative map involving the grading and subdivision of a 28.9 acre site for 68 single family homes on 7,500 square foot minimum lots. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Eric Munoz in the Planmng Department at 438-1161, extension 4441. MICHAEL J. Ht)LZMhtER DATED: AUGUST 1, 1991 CASE NO: CT 90-38 Planmng Director APPLICANT: AVIARA LAND ASSOCIATES PUBLISH DATE: AUGUST 1, 1991 EM:km 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 CALi ^^N IA DEPARTMENT OF FISH ANf DEPARTMENT OF FISH & GAME PO BOX 944209 SACRAMENTO CA 94244-2090 WAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (include coimty): CT 90-38 - Planning Area 26(N) within Phase II of the Aviara Master Plan. Southside of Alga Road between Phase I and proposed Kestral Drive in the City of Carlsbad, San Diego County. Name and Address of AppUcant: Paul Klukas 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 Project Description: A tentative map involving the grading and subdivision of a 28.9 acre site for 68 single family homes on 7,500 square foot minimum lots. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed projecf s potential for adverse enviromnental impacts on fish and wildlife resources. 2. Based on the completed Environmental Initial Study, the City of Carlsbad Planning Department finds that the proposed project wiU not encroach upon wildlife habitat area, wiU have no potential adverse individual or cumulative effects on wildlife resources, and requires no mitigation measures to be incorporated into fhe proposed project which would affect fish or wildlife. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. MICHAEL HOLZMrLLER Title: Planning Director Lead Agency: Citv of Carlsbad Date: November 4. 1991 DR:jjh Section 711.4, FLsh and Game Code DFG: 1/91 Fnan Office c^^ie Govemor Office dl^anning and Research State ClearingiDuse 14a|l^th Str^,/Rbqh; 121 SacrSriEnto, CA 95814 ^ \ To: ERIC MJNDZ CHY OF CARL3BAD 2075 LAS PALMAS CARLSBAD, CA 92009 ACKNOWLEDGEMENT Stat« of Califomia Project Notification and Review Systan Office of the Govenxr (916) 445-0613 SCH NIJMEER: 9IO6IOIO THLE: CT 90-38- AVIARA PLAMUJG AREA 26 - NCRIH SGH Contact: Tem Loftus D^artmait Date: 08/02/91 Qearance Date: 09/03/91 (If doamant recieved after 10 AM review starts an nect day.) Please use tte State Clearingxuse Nunber on fltture correspcndaioe with this office and with agaicies approving or reviewing your project. This card does not verify ccnpliance with envircmiental review requiranaits. A letter ccntaining the Staters ccranents or a letter confinnirig no State coimsnts will be forwarded to you after tte review is cj|p.ete. E^pH RECEIPT ^ STATE OF CALIFORNIA-THE RESOURCES AGENCY _ DEPARTMENT OF FISH AND GAME 6071 ENVIRONMENTAL FILING FEE^" DFG 753.5a (6-91) Lead Agency: _ (^<% (ly^^dUrJ-^ Date: S////^ 3< County/State Agency of Wling: Document No.: Project Title: Q'-lA^f£^^yi../Cl^ CUJLJ^ <^(^A/J Project Applicant Name: Phone Number: Project Applicant Address: Project Applicant (c/iec/f appropriate box): Local Public Agency Q School District Q Other Special District | | State Agency n Private Entity I I CHECK APPLICABLE FEES: ( ) Environmental Impact Report $850.00 $ ( ) Negative Declaration $1,250.00 $ ( ) Application Fee Water Diversion estate Water/?esoun;es Confre/Boany On/y) $850.00 $ ( ) Projects Subject to Certified Regulatory Programs $850.00 $ { ) County Administrative Fee $25.00 $ Project that is exempt from fees TOTAL RECEIVED $ Signature apeHifieof person receiving payment: FIRST COPY-PROJECT APPUCANT SECOND COPY-DFG/FASB THIRD COPY-LEAP<GENCY FOUHTH COPY-COUNTY/STATE AGENCY OF FlUNG STATE OF CALIFORNIA PETE WILSON, Governor GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO, CA 95814 Sep 03, 1991 ERIC MUNOZ CITY OF CARLSBAD 2 075 LAS PALMAS CARLSBAD, CA 92 009 Subject: CT 90-38- AVIARA PLANNING AREA 26 - NORTH SCH # 91081010 Dear ERIC MUNOZ: The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call Tom Loftus at (916) 445-0613 if you have any questions regarding the environmental review process. When contacting the Clearinghouse in this matter, please use the eight-digit State Clearinghouse number so that we may respond promptly. Sincerely, David C. Nunenkamp Deputy Director, Permit Assistance NOTICE OF COMPLETION Mail to: State Clearinghouse, 1400 T treet, Rm. 121, Sacramento, CA 95814 - 91| -0613 Project Title: CT 90-38 - Aviara Planninq Area 26 - North Lead Agency: City of Carlsbad Street Address: 2075 Las Palmas Drive City: Carlsbad See NOTE Belou: SCH * Contact Person: Eric Hunoz Phone: (619) 438-1161. Ext. 4441 Zip: 92009 County: San Diego PROJECT LOCATION: County: San Diego Cross Streets: Alga Road & Kestral Drive City/Nearest Community: Carlsbad Assessor's Parcel No. 215-040-23 Within 2 Miles: State Hwy #: Interstate 5 Section: Total Acres: 28.9 Twp. Range: Waterways: Batiquitos Lagoon/Pacific Ocean Airports: Palomar Railways: AT&SF Base: Schools: Carlsbad DOCUNENT TYPE CEQA: NOP Early Cons Neg Dec Draft EIR Supplement/Subsequent EIR (Prior SCH No.) _ Other NEPA: NOI EA Draft EIS FONSI OTHER: Joint Document Final Document Other LOCAL ACTION TYPE General Plan Update General Plan Amendment General Plan Element Conmunity Plan Specific Plan Master Plan Planned Unit Development Site Plan Rezone Annexation Prezone Redevelopment Use Permit Coastal Permit X Land Division (Subdivision, Other Parcel Map, Tract Map, etc.) DEVELOPMENT TYPE _X Residential: Office: Conmercial: Industrial: Educational Recreational Units _ Sq. Ft. Sq. Ft. Sq. Ft. 68 Acres Acres Acres Acres 28.9 Employees Employees Employees Water Facilities: Transportation: Mining: Power: Waste Treatment: Hazardous Waste: Other: Type Type Mineral Type Type Type MGD Watts PROJECT ISSUES DISCUSSED IN DOCUMENT _X Aesthetic/Visual Agricultural Land Air Quality Archaeological/Historical _X Coastal Zone Drainage/Absorption Economic/Jobs Fiscal Flood Plain/Flooding Forest Land/Fire Hazard Geologic/Seismic Minerals Noise Population/Housing Balance Public Services/Facilities Recreat i on/Parks Schools/Universities Septic Systems Sewer Capacity Soil Erosion/Compaction/Grading Solid Waste Toxic/Hazardous Traffic/Circulation Vegetation Water Quality Water Supply/ Ground Water Wetland/Riparian wiIdlife Growth Inducing Landuse Cumulative Effect Other Present Land Use/Zoning/General Plan Use Currently vacant land within the Aviara Master Plan. Zoning is Planned Conmunity (PC) and the General Plan designation is Residential Low Medium (RLM) which allows single family residences. Project Description A tentative map involving the grading and subdivision of a 28.9 acre site for 68 single family homes on 7,500 square foot minimum lots. NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Notice of Preparation or previous draft document) please fill it in. Revised October 1989 ENM:vd • ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 90-38 DATE: JULY 24. 1991 BACKGROUND 1. CASE NAME: AVIARA PA 26 NORTH 2. APPLICANT: AVIARA LAND ASSOCIATES 3. ADDRESS AND PHONE NUMBER OF APPLICANT: PAUL KLUKAS - CONTACT 2011 Palomar Airport Road. Suite 206 Carlsbad. CA 92009 4. DATE EIA FORM PART I SUBMITTED: DECEMBER 11. 1990 5. PROJECT DESCRIPTION: A tentative map involving the grading and subdivision of a 28.9 acre site for 68 single family homes on 7,500 square foot minimum lots. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the follovnng pages in the form of a checklist. This checklist 8 identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City wdth information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a significant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are shown in the checklist under the headings 'YES-sig" and "YES-insig" respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (sig) YES NO (insig) 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the chaimel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, structure or object? X X X X X X X BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? _JL 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? X 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? X 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? X 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? X HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 17. Alter the present or planned land use of an area? X 18. Substantially affect public utilities, schools, police, fire, emergency or other pubUc services? X HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES (sig) NO (insig) 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? 21. Produce new light or glare? 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic? 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present pattems of circulation or movement of people and/or goods? 28. Alter waterbome, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. Interfere with emergency response plans or emergency evacuation plans? 31. Obstmct any scenic vista or create an aesthetically offensive public view? 32. Affect the quality or quantity of existing recreational opportunities? X X X X • # MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of Califomia history or prehistory. X 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? -5- DISCUSSION OF ENVIRONMENTAL EVALUATION The proposed project involves the finish grading (4,100 cubic yards) of a previously mass-graded site, constmction of residential streets, drainage and other infrastmcture, and tentative subdivision of Planning Area 26(N) of Aviara Phase II. The tentative map includes 68 single family residential lots on minimum 7,500 sq. ft. lot areas. Four open space lots are also proposed over the 28.9 acre site. The area proposed for finish grading has been previously graded per subdivision map CT 89-37. No encroachment into previously designated open space areas are proposed by the project. It is located in an area anticipated for residential development per the City's General Plan, and the Local Coastal Program for the affected area. For this environmental analysis, staff conducted several field trips to the subject property and reviewed the Pacific Rim Country Club and Resort Master Plan Environmental Impact Report (EIR 83-2(A)) and the Mitigated Negative Declaration for Aviara Phase II Master Tentative Map which already covered this property. In that: (1) the proposed project site has already been reviewed under the Master Plan EIR 83-2(A) and the Mitigated Negative Declaration for Aviara Phase II (CT 89-37), (2) as designed, the project implements all recommended mitigation measures of EIR 83-2 (A) and the Phase II Mitigated Negative Declaration, and (3) the project will preserve in open space the previously deed restricted coastal habitat areas, no enviroimiental impacts are anticipated. Physical Environment 1. The project is a previously graded site containing no unstable earth conditions as discussed in the Soils Report for CT 89-37. 2. Relatively minor topographic changes v\dll result from the project. The site acreage is 28.9 acres, 81% ofwhich is developable (23.5 acres). Only 4,100 cubic yards of balanced earthwork are proposed. This equates to approximately 142 cu/yds of soil movement per gross acre. Such minor topographic changes are not considered to be significant. 3. Drainage and erosion control facilities will be incorporated into the project to adequately reduce potential soil erosion impacts. A downstream pennanent desiltation basin has been constmcted in Planning Area 28. 4. Potential erosion impacts to Batiquitos Lagoon will be adequately mitigated as discussed in response #3 above. 5. Constmction emission and minor fugitive dust generation impacts associated with project grading are considered short term and insignificant. Dust generation can be adequately controlled through watering operations. Air quality impacts associated with future development of housing upon this area is not considered significant in itself. Long term full mitigation of regional air quality impacts will require that dependence upon the automobile be reduced regionally and statewide. 6. In that no stmctural development is proposed at this time, impacts to air movement are not anticipated. Air quality impacts from dust generation can be adequately controlled through watering operations during project grading. DISCUSSION OF ENVIRONMENTAL EVALUATION cont'd 7. This project will not change the course or flow of water as no streams are located in the immediate area and all drainage waters will be handled by proposed drainage facilities. 8. Development of this project (tentative map grading and road constmction) will create impervious surfaces which would reduce absorption rates and incrementally increase mnoff velocities. However, to accommodate this increased mnoff, drainage facilities will be incorporated into this project and future residential development upon the site, thereby mitigating this concem. 9. No inordinate depletion of any natural resources is anticipated by the subdivision, grading, and constmction of infrastmcture proposed by this project. 10. No significant impact as discussed in #9 above. 11. A thorough archaeological testing of the area was conducted in 1987 as part of EIR 83-2(A). No prehistoricaUy or historically significant sites were discovered within the project area. An archaeologist and a paleontological expert will be present during the Phase II mass grading to monitor operations in an effort to preserve any uncovered objects. 12. Surface disturbance and grading for the project will not encroach into any native habitat area and will not affect the onsite coastal deed restricted biological areas. 13. No impacts to the above mentioned coastal deed restricted areas are anticipated in that project landscaping proposed adjacent to this habitat shall be required to be compatible and non-invasive. 14. As stipulated in the Master Plan, the conversion of agricultural lands shall be pennitted upon payment of agricultural conversion fees. In accordance, the project applicant has already paid to the State Coastal Conservancy agricultural mitigation fees required for the development of the project site. 15. As discussed in #12 above, the previously deed restricted coastal sage habitat will be maintained in open space. Accordingly, no significant impacts to habitat or species are anticipated. 16. No new animal species or migration barrier will occur as a result of the project, as further discussed in #12 above. Human Environment 17. Development of this project will be consistent with the General Plan, Master Plan 177 and the Mello I LCP. The land uses proposed will be intemally compatible as well as being compatible with adjacent uses. 18. As discussed in the Zone 19 Local Facilities Management Plan, v^th the payment of all fees and the implementation of all improvement conditions (i.e. upgrading of the Batiquitos sewer pump station, constmction of Alga Road and Batiquitos Drive), all public facilities and services will be available to meet the demands of the future development of 68 single family residences proposed on the project site. No adverse impacts should result. DISCUSSION OF ENVIRONMENTAL EVALUATION cont'd 19. Although this Tentative Map does not propose any actual residential development, any subsequent dwelling unit constmction onsite shall not be permitted until the Batiquitos Sewer Pump Station is upgraded. 20. Constmction of the project (grading and road development) may result in minor short term insignificant constmction noise impacts upon surrounding existing and proposed residences. Otherwise, the future residential uses on the subject property will be acoustically compatible with surrounding existing and future residential uses. A noise study was completed to assess the potential noise impacts from Alga Road. The report concluded that exterior noise mitigation may only be required if second story balconies face Alga Road. It also specified which lots of the proposed subdivision would require mechanical ventilation if second story stmctures were built. A detailed noise study will be completed during the required discretionary review of any proposed development. 21. Future lighting utilized onsite will be directed so as to not impact adjacent future views. 22. Because this is a residential project, it will not involve a significant risk of an explosion or the release of hazardous substances. 23. The proposed density of the project results in 2.35 du/ac. This is in compliance with the Master Plan's anticipated 2.35 du/ac. 24. The project will provide additional housing units to meet existing demand. 25. A total of 680 average daily vehicle trips will be generated by the project which will not significantly impact the circulation system as discussed in EIR 83-2(A) and LFMP 19. 26. The demand for parking facilities created by this project will be satisfied onsite. Two garage spaces will be provided for each unit and adequate on street guest parking will be provided throughout the project. 27. The additional 680 ADT generated by the project will be accommodated by the existing and planned circulation network. This ininor increase in traffic is not considered significant. 28. The project site is outside of the Airport Influence Area for Palomar Airport. 29. The project, as designed, will not cause conflicts at its intersections with Alga Road. 30. The project will not interfere wdth emergency response plans. 31. Manufactured slopes created through the already approved Phase II mass grading (which includes this site) wdll be fully landscaped consistent with approved plans. Otherwise, the finish grading (4,100 cubic yards) of the subject property would not result in a visual impact. 32. The project will have no effect on existing recreational opportunities. -8- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) altemate site designs, c) altemate scale of development, d) altemate uses for the site, e) development at some future time rather than now, f) altemate sites for the proposed, and g) no project altemative. a) The project scale, 68 residential lots, is not of a size where phased development would be beneficial. b) The project has been designed consistent wdth the Aviara Master Plan and all City ordinances. All open space areas are avoided. c) The project is designed at slightly less scale (density) than allowed by the Master Plan for the area. d) The project is in conformance with the City's General Plan and the Master Plan. Altemate uses would require amendment of these documents. e) The proposed project involves subdivision and grading of the site only. Development of the site will occur only if facilities are guaranteed. f) The proposed project is the environmentally preferred project for the site. g) The "no project" altemative is not in conformance wdth the General Plan/Master Plan designation for the site, therefore, it is not environmentally preferable. DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: JC I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION wdll be prepared. I find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjunction with previously certified environmental documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration wdll be proposed. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. J UILJ 2,4>^ /'^'?< Date Signature ^ rfate ' Planning Director ENM:km LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -10- APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature ENM:lcm -11- OCEANSIDE VISTA PA 26 NORTH NORTH No Seal* VICINITY MAP 6 NOTICE OF COMPLETION Mail to: State Clearinghouse, 1400 Tent^street, Rm. 121, Sacramento, CA 95814 - !• \J^m Uu IJ Project Title: CT 90-38 - Aviara Planninq Area 26 - North Lead Agency: City of Carlsbad Street Address: 2075 Las Palmas Drive City: Carlsbad /y Zip: 92009 See NOTE Belou: SCH « Contact Person: Eric Munoz Phone: (619) 438-1161. Ext. 4441 County: San Diego PROJECT LOCATION: County: San Diego Cross Streets: Alga Road & Kestral Drive City/Nearest Community: Carlsbad Totat Acres: 28.9 Assessor's Parcel No. 215-040-23 Section: Twp. Range: Within 2 Miles: State Hwy #: Interstate 5 Waterways: Batiquitos Lagoon/Pacific Ocean Airports: Palomar Railways: AT&SF Base: Schools: Carlsbad DOCUMENT TYPE CEQA: NOP Early Cons X Neg Dec Draft EIR Supplement/Subsequent EIR (Prior SCH No.) _ Other NEPA: NOI EA Draft EIS FONSI OTHER: Joint Document Final Document Other LOCAL ACTION TYPE General Plan Update General Plan Amendment General Plan Element Conmunity Plan Specific Plan Master Plan Planned Unit Development Site Plan Rezone Annexation Prezone Redevelopment Use Permit Coastal Permit X Land Division (Subdivision, Other Parcel Map, Tract Map, etc.) DEVELOPMENT TYPE _X Residential: Office: Conmercial: Industrial: Educational Recreational Units Sq. Ft. Sq. Ft. Sq. Ft. 68 Acres Acres Acres Acres 28.9 Employees Employees Employees Water Facilities: Transportation: Mining: Power: Waste Treatment: Hazardous Waste: Other: Type Type Mineral Type Type Type MGD Watts PROJECT ISSUES DISCUSSED IN DCXaJMENT _X Aesthetic/Visual Agricultural Land Air Quality Archaeological/Historical _X Coastal Zone Drainage/Absorption Economic/Jobs Fiscal Flood Plain/Flooding Forest Land/Fire Hazard Geologic/Seismic Minerals Noise Population/Housing Balance Public Services/Facilities Recreation/Parks SchooIs/Un i vers i t i es Septic Systems Sewer Capacity Soil Erosion/Compaction/Grading Sol id Waste Toxic/Hazardous Traffic/Circulation Vegetation Water Quality Water Supply/ Ground Water Wetland/Riparian Wildlife Growth Inducing Landuse Cumulative Effect Other Present Land Use/Zoning/Gener«l Plan Use Currently vacant land within the Aviara Master Plan. Zoning is Planned Conmunity (PC) and the General Plan designation is Residential Low Mediun (RLM) which allows single family residences. Project Description A tentative map involving the grading and subdivision of a 28.9 acre site for 68 single family homes on 7,500 square foot minimum lots. NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Notice of Preparation or previous draft document) please fill it in. Revised October 1989 ENM:vd Citv of Carlsbad Planning Department NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Planning Area 26 North within Phase II of the Aviara Master Plan. Southside of Alga Road between Phase I and proposed Kestral Drive. PROJECT DESCRIPTION: A tentative map involving the grading and subdivision of a 28.9 acre site for 68 single family homes on 7,500 square foot minimum lots. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Eric Munoz in the Planning Department at 438-1161, extension 4441. MICHAEL J. HOLZMrCLER DATED: AUGUST 1, 1991 CASE NO: CT 90-38 Planning Director APPLICANT: AVIARA LAND ASSOCIATES PUBLISH DATE: AUGUST 1, 1991 EM:km 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 90-38 DATE: JULY 24. 1991 BACKGROUND 1. CASE NAME: AVIARA PA 26 NORTH 2. APPLICANT: AVIARA LAND ASSOCIATES 3. ADDRESS AND PHONE NUMBER OF APPLICANT: PAUL KLUKAS - CONTACT 2011 Palomar Airport Road. Suite 206 Carlsbad. CA 92009 4. DATE EIA FORM PART I SUBMITTED: DECEMBER 11. 1990 5. PROJECT DESCRIPTION: A tentative map involving the erading and subdivision of a 28.9 acre site for 68 single family homes on 7.500 square foot minimum lots. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the foUowdng pages in the form of a checklist. This checklist 8 identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City wdth information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked to indicate this detennination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a significant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are showm in the checklist under the headings "YES-sig" and 'YES-insig" respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (sig) YES NO (insig) 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amoimts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, stmcture or object? X X -2- BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shmbs, grass, microflora and aquatic plants)? 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? X 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? X 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? X HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 17. Alter the present or planned land use of an area? X 18. Substantially affect public utilities, schools, police, fire, emergency or other pubUc services? X HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES (sig) NO (insig) 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? 21. Produce new light or glare? 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic? 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present pattems of circulation or movement of people and/or goods? 28. Alter waterbome, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. Interfere wdth emergency response plans or emergency evacuation plans? 31. Obstmct any scenic vista or create an aesthetically offensive public view? 32. Affect the quality or quantity of existing recreational opportunities? X X X MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal coinmunity, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of Califomia history or prehistory. X 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? -5- DISCUSSION OF ENVIRONMENTAL EVALUATION The proposed project involves the finish grading (4,100 cubic yards) of a previously mass-graded site, constmction of residential streets, drainage and other infrastmcture, and tentative subdivision of Planning Area 26(N) of Aviara Phase II. The tentative map includes 68 single family residential lots on minimum 7,500 sq. ft. lot areas. Four open space lots are also proposed over the 28.9 acre site. The area proposed for finish grading has been previously graded per subdivision map CT 89-37. No encroachment into previously designated open space areas are proposed by the project. It is located in an area anticipated for residential development per the City's General Plan, and the Local Coastal Program for the affected area. For this environmental analysis, staff conducted several field trips to the subject property and reviewed the Pacific Rim Country Club and Resort Master Plan Environmental Impact Report (EIR 83-2(A)) and the Mitigated Negative Declaration for Aviara Phase II Master Tentative Map which already covered this property. In that: (1) the proposed project site has already been reviewed under the Master Plan EIR 83-2(A) and the Mitigated Negative Declaration for Aviara Phase II (CT 89-37), (2) as designed, the project implements all reconunended mitigation measures of EIR 83-2 (A) and the Phase II Mitigated Negative Declaration, and (3) the project will preserve in open space the previously deed restricted coastal habitat areas, no environmental impacts are anticipated. Physical Environment 1. The project is a previously graded site containing no unstable earth conditions as discussed in the Soils Report for CT 89-37. 2. Relatively minor topographic changes will result from the project. The site acreage is 28.9 acres, 81% ofwhich is developable (23.5 acres). Only 4,100 cubic yards of balanced earthwork are proposed. This equates to approximately 142 cu/yds of soil movement per gross acre. Such minor topographic changes are not considered to be significant. 3. Drainage and erosion control facilities wdll be incorporated into the project to adequately reduce potential soil erosion impacts. A downstream permanent desiltation basin has been constmcted in Planning Area 28. 4. Potential erosion impacts to Batiqtutos Lagoon wdll be adequately mitigated as discussed in response #3 above. 5. Constmction emission and minor fugitive dust generation impacts associated with project grading are considered short term and insignificant. Dust generation can be adequately controlled through watering operations. Air quality impacts associated with future development of housing upon this area is not considered significant in itself. Long term full mitigation of regional air quality impacts will require that dependence upon the automobile be reduced regionally and statewdde. 6. In that no stmctural development is proposed at this time, impacts to air movement are not anticipated. Air quality impacts from dust generation can be adequately controlled through watering operations during project grading. -6- DISCUSSION OF ENVIRONMENTAL EVALUATION cont'd 7. This project wdll not change the course or flow of water as no streams are located in the immediate area and all drainage waters will be handled by proposed drainage facilities. 8. Development of this project (tentative map grading and road constmction) will create impervious surfaces which would reduce absorption rates and incrementally increase mnoff velocities. However, to accommodate this increased mnoff, drainage facilities wdll be incorporated into this project and future residential development upon the site, thereby mitigating this concem. 9. No inordinate depletion of any natural resources is anticipated by the subdivision, grading, and constmction of infrastmcture proposed by this project. 10. No significant impact as discussed in #9 above. 11. A thorough archaeological testing of the area was conducted in 1987 as part of EIR 83-2(A). No prehistoricaUy or historically significant sites were discovered wdthin the project area. An archaeologist and a paleontological expert will be present during the Phase II mass grading to monitor operations in an effort to preserve any uncovered objects. 12. Surface disturbance and grading for the project wdll not encroach into any native habitat area and wdll not affect the onsite coastal deed restricted biological areas. 13. No impacts to the above mentioned coastal deed restricted areas are anticipated in that project landscaping proposed adjacent to this habitat shall be required to be compatible and non-invasive. 14. As stipulated in the Master Plan, the conversion of agricultural lands shall be pennitted upon payment of agricultural conversion fees. In accordance, the project applicant has already paid to the State Coastal Conservancy agricultural mitigation fees required for the development of the project site. 15. As discussed in #12 above, the previously deed restricted coastal sage habitat wdll be maintained in open space. Accordingly, no significant impacts to habitat or species are anticipated. 16. No new animal species or migration barrier wiU occur as a result of the project, as further discussed in #12 above. Human Environment 17. Development of this project wdll be consistent wdth the General Plan, Master Plan 177 and the MeUo I LCP. The land uses proposed wUl be intemally compatible as well as being compatible wdth adjacent uses. 18. As discussed in the Zone 19 Local Facilities Management Plan, wdth the payment of all fees and the implementation of aU improvement conditions (i.e. upgrading of the Batiquitos sewer pump station, constmction of Alga Road and Batiquitos Drive), aU public facUities and services wdll be available to meet the demands of the future development of 68 single family residences proposed on the project site. No adverse impacts should result. -7- DISCUSSION OF ENVIRONMENTAL EVALUATION cont'd 19. Although this Tentative Map does not propose any actual residential development, any subsequent dwelling unit constmction onsite shaU not be pennitted until the Batiquitos Sewer Pump Station is upgraded. 20. Constmction of the project (grading and road development) may result in ininor short term insignificant constmction noise impacts upon surtounding existing and proposed residences. Otherwise, the future residential uses on the subject property wdll be acoustically compatible wdth surrounding existing and future residential uses. A noise study was completed to assess the potential noise impacts from Alga Road. The report concluded that exterior noise mitigation may only be required if second story balconies face Alga Road. It also specified which lots of the proposed subdivision would require mechanical ventilation if second story stmctures were built. A detailed noise study wdll be completed during the required discretionary review of any proposed development. 21. Future Ughting utilized onsite wdll be directed so as to not impact adjacent future views. 22. Because this is a residential project, it will not involve a significant risk of an explosion or the release of hazardous substances. 23. The proposed density of the project results in 2.35 du/ac. This is in compUance wdth the Master Plan's anticipated 2.35 du/ac. 24. The project wdll provide additional housing units to meet existing demand. 25. A total of 680 average daily vehicle trips will be generated by the project which wdll not significantly impact the circulation system as discussed in EIR 83-2(A) and LFMP 19. 26. The demand for parking facilities created by this project wdll be satisfied onsite. Two garage spaces wiU be provided for each unit and adequate on street guest parking wdll be provided throughout the project. 27. The additional 680 ADT generated by the project wdU be accommodated by the existing and planned circulation network. This minor increase in traffic is not considered significant. 28. The project site is outside of the Airport Influence Area for Palomar Airport. 29. The project, as designed, wdll not cause conflicts at its intersections wdth Alga Road. 30. The project wdU not interfere wdth emergency response plans. 31. Manufactured slopes created through the already approved Phase II mass grading (which includes this site) wdll be fully landscaped consistent wdth approved plans. Othenvise, the finish gra(Ung (4,100 cubic yards) of the subject property would not result in a visual impact. 32. The project wdU have no effect on existing recreational opporttmities. -8- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) altemate site designs, c) altemate scale of development, d) altemate uses for the site, e) development at some future time rather than now, f) altemate sites for the proposed, and g) no project altemative. a) The project scale, 68 residential lots, is not of a size where phased development would be beneficial. b) The project has been designed consistent with the Aviara Master Plan and aU City ordinances. All open space areas are avoided. c) The project is designed at slightly less scale (density) than allowed by the Master Plan for the area. d) The project is in conformance with the City's General Plan and the Master Plan. Altemate uses would require amendment of these documents. e) The proposed project involves subdivision and grading of the site only. Development of the site will occur only if facilities are guaranteed. f) The proposed project is the environmentally preferred project for the site. g) The "no project" altemative is not in conformance wdth the General Plan/Master Plan designation for the site, therefore, it is not environmentally preferable. -9- DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: JC I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION wdU be prepared. I find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjunction with previously certified environmental documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. I find that although the proposed project could have a significant effect on the environment, there wdU not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Con(Utional Negative Declaration wdU be proposed. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ^^/y i'=f^l ^•^Ur.c A^<^c^ Date Signature n c/ate ' Planning Dir^ctir ENM:lcm LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -10- APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature ENM:km -11- OCEANSIDE VISTA PA 26 NORTH NORTH No Self* VICINITY MAP ^'5 ^0 CASE NO, DATE: ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (To be Complete(i by APPLICANT) Applicant: Aviara Land Associates Limited Partnership Address of Applicant: 2011 Palomar Airport Road. Suite 206 Carlsbad. CA 92009 Phone Number: (619 )951-1190 Name, address and phone number of person to be contacted (if other than Applicant): D.L. Clemens (Same as above) GENERAL INFORMATION: (Please be specific) Project Description: Tentative map for 68 single family homes on minimum 7500 square foot lots. Project Location/Address: South of Alga Road between proposed Kestral Drive and Phase I. Assessor Parcel Number: 215 - 040 . 25 General Plan/Zone of Subject Property Combination Distri/:t/PC Zone Local Facilities Management Zone: 19 Is the site within Carlsbad's Coastal Zone? Please describe the area surrounding the site to the North: Alga Road East: Phase I South: PA 26 South -Phase II West: Proposed Kestral Drive List all other applicable permits i approvals related to this project: MP 177 CT 89-37 (Please be Specific. Attach Additional Pages or Exhibits, if necessarv) Please describe the project site, including distinguishing natural and manmade characteristics. Also provide precise slope analysis when a slope of 15' or higher and 15% grade or greater is present on the site. Planning Area 26 North is 28.9 Acres, located in Phase II of the approved Aviara (Pacific Rim) Master Plan. The planning area is located directly South of Alga Road and North of Planning Area 26 South. Please describe energy conservation measures incorporated into the design and/or operation of the project. UBC energy requirements 3. PLEASE AHACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING: a. If a residential project identify the number of units, type of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected, average daily traffic generation (latest SANDAG rates). See attached sheet. b. If a commercial project, indicate the exact type, activity(ies), square footage of sales area, average daily traffic generation (latest SANDAG rates), parking provided, and loading facilities. N/A c. If an industrial project, indicate the exact type or industry(les), average daily traffic generation (latest SANDAG rates), estimated employment per shift, time of shifts, and loading facilities. N/A d. If an institutional project, indicate the major project/site function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N/A I. ENVIRONMENTAL IMPACT ANALYSIS Please Answer each of the following questions by placing a check in the appropriate space. Then, fully discuss and explain why each item was checked yes or no. Provide supporting data if applicable. Attach additional sheets as necessary. YES NO 1) Could the project significantly Impact or change present or future land uses in the vicinity of the activity? EXPLANATION: The Tentative Map is consistant with the approved Master Plan for this planning area and is an anticipated land use-for this site. 2) Could the activity affect the use of a recreational area, or area of aesthetic value? EXPLANATION: The overall project provides for golf and sporting recreation. Aesthtics should not be affected. 3) Could the activity affect the functioning of an established community or neighborhood? EXPLANATION: project should have no net affect on any surrounding neighborhoods. It is not located in a highly urbanized area. 4) Could the activity result in the displacement of community residents? EXPLANATION: No residents live in the area. YES NO 5) Could the activity increase the number of low and ^ moderate cost housing units in the city? EXPLANATION: Proposed housing is not anticipated to be low or moderate cost. 6) Could the activity significantly affect existing housing or create a demand for additional housing? EXPLANATION: Additional 68 housing units is not considered to be a significant effect. 7) Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation? EXPLANATION: No unique features exist on site. Batiquitos Lagoon is approximately 700 feet to the south. No impact on Batiquitos Lagoon is anticipated as concluded m blR 83-2(AJ. 8) Could the activity significantly affect an „ historical or archaeological site or its settings? EXPLANATION: On-site archaelogical sites have been mitigated as directed by EIR 83-2 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? EXPLANATION: The proposed project will in no way affect any identified scarce natural resource, as concluded in EIR 83-2(A). YES NO 10) Could the activity significantly affect fish, wildlife or plant resources? EXPLANATION: Rinlngiral resources have been iri^TitifiPH in FTR 83-2fA'>. These identified areas havf. hftftn deed restricted anid are preserved in their natural state. 11) Are there any rare or endangered plant or animal species in the activity area? EXPLANATION: None on-site. Per EIR 85-2(A). Arljarent Batiquitos Lagoon contains both rare plants and animals but no encroachment into these areas or 150 foot buffer is proposed. 12) Could the activity change existing features of any of the city's stream, lagoons, bays, tidelands or beaches? EXPLANATION: The proiect does not encroach into nr affftrt any of the above water bodies. 13) Could the activity result in the erosion or elimin- ation of agricultural lands? EXPLANATION: Agricultural mitigation for the entire Aviara project has been mititgated per State law. 14) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? EXPLANATION: Development in this area has been antiripated bv the City of Carlsbad General Plan, and the Local Coastal Program and it's Implementing Ordinances. No intensification ot the anticipated development is proposed. YES NO 15) Will the activity require a variance from estab- lished environmental standards (air, water, noise, etc.)? EXPLANATION: No variance required. 16) Is the activity carried out as part of a larger project or series of projects? EXPLANATION: The proposed proiect is a part of the approved Pacific Rim (Aviara) Master Plan. 17) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? ^ EXPLANATION: City of Carlsbad; City Council and Planning Commission and the California Coastal Commission approval. 18) Will the activity require Issuance of a variance or conditional use permit by the City? EXPLANATION: No variance or conditional use permit required. 19) Will the activity involve the application, use, or disposal of potentially hazardous materials? EXPLANATION: No hazardous materials anticipated. YES NO 20) Will the- activity involve construction of facilities In a flood plain? X EXPLANATION: No structures to be constructed yithin thpt flood plain. 21) Will the activity Involve construction of facilities in the area of an active fault? EXPLANATION: Nn artive faults in the area as state in EIR 83-2(A). 22) Could the activity result in the generation of significant amounts of dust? EXPLANATION: Short term construction dust will he created but this is not a significant impart, as concluded in EIR 83-2(A). 23) Will the activity involve the burning of brush, trees, or other materials? EXPLANATION: No burning is proposed within this proiect. 24) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore.) EXPLANATION: The proposed project should not generate an increase in traffic from the approved plan and therefore, will not change the air quality. YES NO 25) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? EXPLANATION: No increase in fuel consumption over the approved project is expected. 26) Will the activity Involve construction of facilities on a slope of 25 percent or greater? EXPLANATION: No grading to occur on slopes 25% and greater. 27) Will there be a significant change to existing land form? (a) Indicate estimated grading to be done in cubic yards: 19-,-80n. . (b) Percentage of alteration to the present land form: 8L| . (c) Maximum height of cut or fill slopes: EXPLANATION: The additional 68^ homes anticipated by the project would not be considered a substantial increase in the use of the above facilities. 28) Will the activity result in substantial Increases in the use of utilities, sewers, drains or streets? EXPLANATION: The 68 sever EDU's haye been anticipated in the City's approved Local Facilities Management Plan which was found to have no negative effect on the environment. 1£S NO 29) Will the project significantly Increase wind or water erosion of soils? EXPLANATION: Th«^ ar^a win 1anH.;rapeH whif-h win af-tiially f1prrea«;e the ernsivity of the site 30) Could the project significantly affect existing fish or wildlife habitat? EXPLANATION: Th^ prnj^rt i«; HPsigneH tn avniH fish nr wildlife areas. 31) Will the project significantly produce new light or glare? EXPLANATION: The project proposes no additional light or glare over that already approved and determined to be non-significant impact by EIR 83-2(A) 10 II. STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFECTS If you have answered yes to any of the questions in Section I but think the activity will have no significant environmental effects, indicate your reasons'below: 16. The proposed project is Planning Area 26 North of the Avaira Master Plan. 17. The City of Carlsbad and the Coastal Commission approve the project. III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional space is needed for answering any questions, attach additional sheets as needed.) Signature (Per(^CComplet1ng Report) Paul J. Klukas Date Signed 12/5/90 Instruct.eia LBS:lh 11 f. SUMMARY SHEET PA 26 North A. 68 SFD B. Single Family C. Sales prices not available at this time. Prices will be based on market conditions. D. Expect one family per house. Approximately 2.5 average persons/house E. SANDAG rates to ADT/house, 680 ADT total generated. January 7, 1992 /r A C J^F 1992 " A-.'jV (sf To: City Engineer ciu " Community Development Director Utilities and Maintenance Director Planning Director From: Assistant City Engineer SUGGESTED WORDING FOR COUIMCIL AB FOR CT 90-38 TM APPROVAL The following is some suggested wording for inclusion in the CT 90-38 agenda bill regarding the issue of the proposed condition requiring participation in a drainage maintenance assessment district. Please let me know what you think. A major issue raised by the developer and by members of the Planning Commission regards the imposition of proposed condition number 52 of Planning Commission Resolution No. 3314. This condition requires that the property owner enter into an agreement with the City whereby the owner agrees to particip'ate in a drainage maintenance assessment district. This condition was proposed by the Engineering and Utilities and Maintenance Departments as a means of ensuring that the project pay their prorata share for the future maintenance of the public storm drainage systems constructed as part of this development. The developer objects to the condition on the grounds that the property is already burdened with too many assessments, that the existing tax revenue structure will adequately provide for storm drainage maintenance and that targeting new development will unfairly burden future Carisbad homeowners over existing homeowners. Staff does not agree with the developer's objections and believes that the condition is fair and appropriate; however, staff believes this condition deserves a broader policy discussion at the City Council level before any such district is formed. The condition was motivated by the requirements of the National Pollutant Discharge Elimination System (NPDES) permit which requires an increased level of effort by the City for the maintenance and monitoring of storm drainage systems. Staff will be bringing forward the update to the Master Drainage Plan for Council consideration in the near future. The Master Drainage Plan includes a complete discussion of the NPDES permit and potential financing mechanisms to pay for the program. Due to the delay in getting the Master Drainage Plan to Council, staff placed condition No. 52 on this and other recent developments to preserve this financing option. As written the condition does not require formation or annexation to an existing district but only agreement to participate in a drainage maintenance assessment district utilizing a mechanism satisfactory to the City Engineer and Utilities and Maintenance Director. Any such agreement will be subject to Council approval prior to approval of the final map. DAVID HAUSER CONDITIONS FOR CT 90-38 AVIARA PA 26(N) • This project is located within the Mello I and East Batiquitos Local Coastal Management Plans. All development design shall comply with the requirements of that plan. 52. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. • This subdivision is approved specifically approving: A. Rockrose Terrace south of "A" Street to be developed as a "hillside street" with a 32 ft. wide curb to curb section within a 46 ft. wide easement for street purposes. B. "A" Street at the intersection of Kestrel Drive providing a 37 ft. tangent. 53. The developer shall comply with all the rules, regulations and design requirements ofthe respective sewer and water agencies regarding services to the project. 54. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. • Prior to final map approval, the tract map for CT 89-37 must be recorded and the mass grading for Lot 4 of CT 89-37 shall be complete and finaled to the satisfaction of the City Engineer. • The applicant shall defend, indemnify and hold harmless the City and its agents officers, and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided by Section 66499.37 of the Subdivision Map Act. 59. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. 62. Prior to approval of the final map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update. • The subject property is within the boundaries of Assessment District No. 88-1 (Alga Road). Upon the subdivision of land within the district boundaries, the applicant may pass through assessment to subsequent owners onlv if the applicant has executed a special Assessment District Pass-through Authorization Agreement. Said Agreement contains provisions regarding notice to potential buyer of the amount of the assessment and other provision and require the applicant to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the applicant does not Page: 2 execute the Authorization Agreement, the assessment on the subject property must be paid in full by the applicant prior to any subdivision of the land. • As required by state law, prior to the recordation of a final map over any of the subject property, a segregation of assessments must be completed and recorded for all subdivided lots. By applying for a segregation of assessments, the applicant agrees to pay the fee to cover the costs associated with the segregation. A segregation is not required if the applicant pays off the assessment on the subject property prior to the recordation of the final map. In the event a segregation of assessments is not recorded and property is subdivided, the full amount of assessment will appear on the tax bills of each new lot. • Based on a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit is required for this project. Prior to approval of a final map the applicant shall submit and receive approval for grading plans in accordance with City Codes and standards. Prior to issuing a building permit a grading permit shall be obtained and grading be completed in accordance with approved grading plans. 73. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement, he must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. 76. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. • Additional drainage easements may be required. Drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. 81. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 89. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance, with City Standards the Developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the foliowing improvements: A. Full public street improvements for Street A, Rockrose Terrace, Bullrush Terrace and Cattail Place. Page: 3 B. Public storm drain and sewer facilities as shown within the tentative map boundaries. 90. Improvements listed above shall be constructed within 18 months of final map approval and/or improvement plan approval, whichever occurs first. 86. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form shall be provided by the City during the improvement plancheck process. • The applicant shall comply with the permit requirements of the National Pollutant Discharge Elimination System (NPDES). The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to approval of the final map or issuance of grading permit, whichever occurs first. • Open space lots (Lots No. 69, 70 and 71) shall be owned in fee and maintained by the Aviara Master Association. • Concurrent with final map recordation, all lots with sight distance corridors shall record a "Notice of Restriction on Real Property" for restricting height of landscaping and structures to 30" above the street. • Any encroachment through construction into deed restricted or undisturbed open space for the purpose of grading will require an amendment to the tentative map and approval of the California Coastal Commission. A note to this effect shall appear on the final grading plan. • Prior to the commencement of any grading activities, the developer shall fence off the deed restricted and undisturbed open space to the satisfaction of the City Engineer and the Planning Director. A note to this effect shall appear on the final grading plans. • Prior to issuing a building permit on any lot in this subdivision a Site Development Plan shall be approved by the Planning Director and City Engineer. No building permit for any retaining walls will be issued without specific approval on the Site Development Plan. A note to this effect shall be placed on the final map. • The developer shall record an open space easement to be maintained by the Aviara Master Association, on the slope§^in Lots 23 through 34 and 36 through 47. • Direct access rights for all lots abutting Alga Road, Kestrel Drive and "A" Street shall be waived on the final map • Prior to final map approval the owner shall execute a Hold Harmless Agreement for geologic failure. Page: 4 80. The developer shall place the following note on the final map: Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. ^^EVI EW AND COMMENT MEMO DATE RECEIVED: OCT v\ x^'^y TO: ( ENGINEERTNG DEPARTMENT GROWTH MANAGEMENT (MElilO ONLY) FIRE DEPARTMENT BUILDING DEPARTMENT PARKS AND RECREATION DEPARTMENT NORTH COUNTY TRANSIT DISTRICT - 311 S. Tremont Street, Oceanside, CA 92054-3119 WATER DISTRICT UTILITIES/MAINTENANCE POLICE DEPARTMENT LANDSCAPE PLANCHECK CONSULTANT SCHOOL DISTRICT FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE CONCERNING THIS APPLICATION. PROJECT TITLE: APPLICANT: PROPOSAL: PROJECT PLANNER: Please review and submit written comments and/or conditions to the Planning Department by . If not received by that date, it wdll be assumed that you have no comment and the proposal has your endorsement as submitted. THANK YOU COMMENTS: PLANS ATTACHED • ^ FRM0020 10/91 CTTY OF CARLSBAD GINEERING DEPARTMENIP LAND USE REVIEW DIVISION TO: PROJECT PLANNER.=^^^£_ DATE J^-Pl'^ 1 FROM: J yL/M^ PROJECT ID ^T"-33 VIA: PRINCIPAL CIVIL ENGINEER^Z^i^^r" PROJECT ISSUES STATEMENT The Engineering Department has completed its review of the resubmitted project application for completeness and/or engineering issues. The Project appUcation is now or was previously found complete for the purpose of continued Engineering review. The project appUcation does contain some Engineering issues or concems which remain to be resolved by the appUcant. AU Engineering issues should be fully resolved or addressed prior to resubmittal of the project for our review. The outstanding Engineering issues or . concems are as follows: < , f^Tfui will 1^ MstAXisesd, IIO -si^arr CefbO / 3-. ^/lyq //^/'Lerr X^^/->/A- s^.py ^^.^/.^^.r jyy J'^yyiy^ ^^^^::::C^^^C\ f J^. uuy4/.L A-^/^ y^jr/*^<^ff y^L^/i^ y^^^^^-r /^7:;p^>Fg.^/9>^ £j/&J:f^ yj/jy/^^c^ y^iy^r;/,y/> ^^f/^r/^ .:^r7<?'^^yfyi?'dU^. £>^yl/2.^^f-^— ytyi/r^T /'^r/iyKjrJ yfyi^ ^2.^^i.yry?.£'^ /J= v-^^tr^-^/t.^^^.<- l^,-rh^,/t^ y^^y /L'/^z./<L /^/^i-y^/=-^r-. /^J.£ryh<j^ yt^r^^ r/T/s • yy^ The above noted issues are of normal concem. These concems may be transmitted to the appUcant without benefit of a project meeting, The above noted issues are of serious concem or of a sensitive nature. It is suggested that a meeting be held with the appUcant and the foUowing Engineering Staff members to discuss our concerns with the project: Also attached is a redlined check print of the site plan. This plan should be given to the applicant for corrections and changes as noted. Please have the applicant retum the redlined print with the corrected site plan to assist us in our continued review. NORTH COUNTV TRANSIT O'STRSC NORTH SAN Oi<::GO COUMTY TRANRi"'^' IFNT BOARD May 14, 1991 Eric Munoz Planning Department City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 Dear Mr. Munoz, RE: CT 90-38 Aviara Planning Area No. 26 North We have reviewed the above mentioned development plan with regard to transit service and have the following comments: 1. Currently, Route 321 operates in the vicinity of the project. The nearest bus stop is approximately 7/8 mile distant at the intersection of Poinsettia Lane and Batiquitos Drive. Hourly service is available Monday through Friday between 6:53 A.M. and 5:53 P.M., and Saturday between 9:53 A.M. and 4:53 P.M. 2. At this time, NCTD is not planning within the next five years to provide closer fixed route service. 3. NCTD does not require any transit dedications at this site. Sincerely, Mark Wasdahl Assistant Planner 311 South Trenwrif Street « Oceanside, Caiifornia SK^OS-;! * Phone {B19) 967-2828 Corlsbad Municipal Water District 5950 El Comino Real, Carlsbad, CA 92008 Engineering: (619) 438-3367 Administration; (619) 438-2722 Fax: (619) 431-1601 Date; City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 CMWD No. <=H-SC^ TO: FROM: SUBJECT: >VS<'1/SH^L^ ?:=LA.K-II^ ii^O /2>^iZi&/^ t-^o. :2 <£> s4.e>(2.TTH err. «=io-"5>S) <s..e. .C2©v=?- KesTjaeT- ©*iTic5?v;tro In response to your inquiry of KA/vy 3 • ^ *^ / ^ the District has reviewed subject project and has the following comments: 1. The entire potable and non-potable water systems for subject project shall be evaluated in detail to insure that adequate capacity and pressure for domestic, non-potable and fire flow demands are met. 2. The Developer's Engineer shall schedule a meeting first with the City Fire Marshal and then with the District Engineer to review the preliminary water system layout prior to preparation of the water system improvement plans. 3. The Developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. The Developer shall pay a San Diego County Water Authority capacity charge which will be collected at issuance of application for meter installation. "Serving Carlsbad for over 35 years" Page 2 City of Carlsbad Date Pursuant to our direction from the City Attorney's office, please make this a part of the condition of approval. 4. "This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water and service is available at the time of application for water service and will continue to be available until time of occupancy". SIGNED: \ (J ^lEVIEW AND COMMFNT MFMO^ DATE: MAY 3. 1991 TO: ENGINEERING DEPARTMENT GROWTH MANAGEMENT (MEMO ONLY) FIRE DEPARTMENT . BUILDING DEPARTMENT sZc»-»<^ >?74t/C^ PARKS AND RECREATION DEPARTMENT NORTH COUNTY TRANSIT DISTRICT - 311 S. Tremont St., Oceanside, CA 92054-3119 CARLSBAD MUNICIPAL WATER DISTRICT UTILITIES/MAINTENANCE POLICE DEPARTMENT FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. CT 90-38 NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE CONCERNING THIS APPLICATION. PROJECT TITLE; AVIARA PLANNING AREA 26 NORTH APPLICANT: AVIARA LAND ASSOCIATES. LTD. PROPOSAL: TENTATIVF MAP FOR fi« c;iNir.lF FAMIIV HOMES ON MINIMUM 7500 SQUARE FOOT LOTS. PROJECT PLANNER: FRIC MUNOZ Please review and submit written comments and/or conditions to the Planning Department by MAY 2H. 1991 If not received by that date, it will be assumed that you have no comment and the proposal has your endorsement as submitted. THANK YOU COMMENTS: PLANS ATTACHED FRM0020 8/90 DATE: TO: FROM: EW AND COMMENT MEM MAY 3, 1997 ENGINEERING DEPARTMENT '^^^ GROWTH MANAGEMENT (MEMO ONLY) FIRE DEPARTMENT BUILDING DEPARTMENT PARKS AND RECREATION DEPARTMENT NORTH COUNTY TRANSIT DISTRICT - 311 S. Tremont St., Oceanside, CA 920^4-3119 CARLSBAD*MUNICIPAL WATEE DISTRICT UTILITIES/MAINTENANCE POLICE DEPARTMENT ' Planning Department PER DISTRICT ^ . REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. CT 90-38 NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE CONCERNING THIS APPLICATION. PROJECT TITLE: APPLICANT: PROPOSAL: AVIARA PLANNING AREA 26 NORTH AVIARA LAND ASSOCIATES, LTD. TFNTATIVF MAP FOR K« c;iN|f;iF FAMIIV HOMES ON MINIMUM 7500 SQUARE FOOT LOTS. PROJECT PLANNER: ERIC MUNOZ Please review and submit written comments and/or conditions to the Planning Department by MAY 24. 1991 If not received by that date, it wiU be assumed that you have no comment and the proposal has your endorsement as submitted. THANK YOU COMMENTS: -SA-ee/ /^i^/ ^^t^yj^Aa^ ec/ a,// c^3>(^rr^£ar4"d>XS PLANS ATTACHED FRM0020 8/90 Citv qf Carlsbad Piannina Department April 30,1991 Larry Clemens Aviara Land Associates 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 RE: CT 90-38 - AVIARA PLANNING AREA 26 NORTH This is to inform you that the items previously requested to make your Tentative Tract Map, application no. CT 90-38, complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your appUcation may have already begun, the technical acceptance date is acknowledged by the date of this communication. Attached is a Ust of Planning and Engineering issues. Please note that although the appUcation is now considered complete, there may be issues that could be discovered during project review and/or enviroiunental review. Any issues should be resolved prior to scheduUng the project for pubUc hearing. In addition, the City may request, in the course of processing the appUcation, that you clarify, amplify, correct, or otherwise supplement die information required for this appUcation. The Planning Department wiU begin processing your appUcation, as of the date of this communication. Please contact Eric Munoz, at (619) 438-1161 ext. 4441, ifyou have questions or wish additional information. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH/ENM:vd cc: Gary Wayne Robert Green Erin Letsch Chris DeCerbo Bob Wojcik Teresa Smith File Copy / Data Entry Maijorie/Steve 2075 Las Palmas Drive • Carlsbad, Catifornia 92009-4859 • (619) 438-1161 CT 90-38 AVL\RA PLANNING AREA 26 NORTH APRIL 30, 1991 PAGE 2 • ISSUES Planmng 1. Lots 2, 3, 4, 7, 22, 47, 48 and 68 do not meet the minimum 60' width at the front yard setback. Recheck/redesign plan to verify proper lot widths and minimum lot area (7,500 sq. ft.) for aU lots. 2. A landscape plan shaU be required for aU perimeter manufactured slopes in conformance with the Master Plan landscape requirements and specific requirements for Plarming Area 26 North. 3. AU waU locations should be shown on plan. WaU design detaUs should be submitted. 4. Clarify the proposed boundary adjustments to the coastal resource area. 5. Review aU grading for encroachment into open space areas or coastal resource areas. 6. The amended Master Plan designates areas with natural slopes and trees within Plarming Area 26 North to be preserved. This has to be clearly shown on the tentative map. Engineering 1. Title Report: When CT 89-37 is recorded, a new tide report wiU be required. This note wUl continue to appear as an issue untU the tide report is received or the project is conditioned. 2. Lot lines shaU be located at the top of slope or the bottom of slope. 3. Provide flowUne elevations or invert elevations for aU storm drain access holes (not curb inlets) on the tentative map. Appropriate elevations required to determine maximum depth of pipe. 4. The approval of this tentative map is contingent upon the completion of the grading for Phase II - CT 89-37. The final map can not record without completion of grading (and pad certification) and final map approval. 5. Be sure lot width minimums are maintained. 6. City Design Standard pg. 6(3)(1) require 50' tangent adjacent to an intersection. 7. City Design Standards pg. 7(3) (D) require 100' tangent between reversing curves. City Engineer approval is required for less. This may be appUed for by writing a letter to Bob Wojcik. The letter must state the request and any supporting documentation or exhibits. 8. Design the northem entrance for Rockrose Terrace (the knuckle) to City Standards. 9. Does the developer have permission from SDG&E to place a soundwaU in their easement? Please provide to the City. CT 90-38 AVL\RA PLANNING AREA 26 NORTH APRIL 30, 1991 PAGE 3 10. AU double fronted lots must reUnquish access on one side. 11. Correct Average DaUy Traffic. 12. Please retum redUned checkprint with next submittal or bring to any City meetings. 13. Show location of proposed guardraU to be sure it does not affect signage. Extra right-of- way may be needed at those locations. 14. Provide 10 foot traU easement. City qf Carlsbad Engineering Department March 19, 1996 Mr. Curt Noland AVIARA LAND ASSOCIATES 2011 Palomar Airport Road, Suite 206 Carlsbad CA 92009 CT 90-38 - PA 26 NORTH, UNIT 1 This is to confirm that a three (3) year extension is granted to the tentative map per Subdivision IVIap Act Section 66452.6. The expiration date for Planning Area 26 North Unit 1 is, therefore, March 10, 1999. The City will recognize the Batiquitos Pump Station as the required off-site improvement in excess of $125,000 specified in the Map Act to qualify for the automatic three (3) year extension. If you have any questions, please call me at 438-1161, extension 4333. Sincerely, ROBERT J. WOJCIK, P.E. Principal Civil Engineer RJW:jb c: Assistant City Engineer File 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 ^ AVIARA March 4, 1996 Bob Wojcik Principal Engineer City of Carlsbad 2075 Las Pahnas Carlsbad, CA 92009 Subject: Dear Bob: PA 26N/1 Tentative Map (CT 90-38) The above tentative map would otherwise expire March 10, 1996, except for the automatic extension provisions of Section 66452.6 of the Subdivision Map Act, related to "Unitized" maps. Condition 75 of the resolution approving this map requires that sewer service be available at the time of building pennit. In response to this requirement Aviara has designed and bonded for the construction of the Batiquitos Sewer Pump Station. Performance bonds for this improvement exceed $1.6 mUUon. This improvement exceeds the $125,000 off-site requirement of the Subdivision Map Act. We therefore beUeve, that the tentative map is thereby automaticaUy extended by 36 iths\from ther^ibsof the Unit 3 map recordation (September 16, 1994). Please )iifirm your concurrence in writing, lliank you for your assistance. (/ Curt R. Noland Director of Operations CRN/er cc: Larry Clemens Pam Whitcomb 2011 PALOMAR AIRPORT ROAD, SUITE 206 CARLSBAD, CALIFORNIA 92009 (619) 931-1190 FAX: (619) 931-7950 City qf Carlsbad Engineering Department February 23, 1996 PAM WHITCOM AVIARA LAND ASSOCIATES, SUITE 206 2011 PALOMAR AIRPORT ROAD CARLSBAD CA 92009 CT 90-38, AVIARA PLANNING AREA 26N Thank you for your letter requesting confirmation of the expiration date of the Tentative Map CT 90-38. The current expiration date is March 10, 1996. State Map Act (SMA) Section 66452.6 states that a tentative map shall expire after 24 months except for maps that require $125,000 in offsite improvements. The Carlsbad Municipal Code has the same requirements except the amount is $100,000. The SMA governs in this case. Our records indicate there were no offsite improvements required pursuant to the approval for CT 90-38. Your engineer's may be referring to the improvement of Kestrel Street; however, the Kestrel Street improvements were required with the approval of the Master Tentative Map for Phase II of Aviara, CT 89-37. As such the improvement costs and requirements can not be applied to the follow up map for PA 26. If you have need of further information you may call me at 619-438-1161, extension 4500. Jipff Davis, Associate Engineer c: Assistant City Engineer Principal Civil Engineer, Wojcik H:\LIBRARY\ENG\WPDATA\DAVIS\AVIARA\26NEXPDT.LTR 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-1161 • FAX (619) 438-0894 ^ February 22, 1996 AVIARA Jim Davis City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Re: Aviara Planning Area 26N Tentative Map Extension/TM 90-38 Dear Jim: Our engineers have advised us that the expiration date is September 16, 1997 for the above referenced. I have enclosed a copy of the correspondence from our engineers. Would you please confirm by signing below and then return this letter to me for our file. Sil Commumty Services Manager Jim Davis/City of Carlsbad Date Enclosure cc: Curt Noland 2011 PALOMAR AIRPORT ROAD, SUITE 206 CARLSBAD, CALIFORNIA 92009 (619) 931-1190 FAX: (619) 931-7950 February 20, 1996 Mr. Curt Noland Director of Operations Aviara 2011 Palomar Airport Road, Suite 206 Garlsbad, California 92009 Project: Aviara PA26N Jni0659.20 Subject: Tentative Map expiration P&D Consultants, Inc. Planners / Engineers 401 West "A" Street Suite 2500 San Diego, CA 92101 FAX (619) 234-3022 (619) 232-4466 A Consoer Townsend Envirodyne Engineers Company Dear Curt: Pursuant to your request, I have reviewed the Subdivision Map Act conceming the effect of filing multiple final maps on the expiration of the original Tentative Map. Section 66452.6 a) states the following: "If a subdivider is required to expend one hundred twenty-five thousand dollars ($125,000) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary ofthe property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shal! extend the expiration ofthe approved or conditionally approved tentative map by 36 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement... may be extended forthe period of time provided for in the agreement, but not beyond the duration ofthe agreement. The number of final maps which may be filed shall be determined by the advisory agency at the time ofthe approval or conditional approval ofthe tentative map." 'Public improvements' as used in the subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities." The latest map to record was Map 13143 for Carlsbad Tract 90-38 PA26N Unit 3 on September 16, 1994. If the above offsite improvement cost provision applies to this tentative map, then it's revised expiration date would be September 16,1997. I hope the above provides you with the required information. I have included a copy of the Subdivision Map Act text for your review. Best regards. heanng. The heanng shall be held within 30 days after the filing ofthe complaint. The heSnng may be a public heanng for which notice shall be given in the time and manner provided. Upon conclusion of the hearing, the goveming body shall, within seven days, declare its findings based upon the testimony and documents produced before it or before the advisory board or the appeal board. It may sustain, modify, reject, or overrule any recommendations or rulings of the advisory board orthe appeal board and may make any findings which are not inconsistent with the provisions of this chapter or local ordinance adopted pursuant to this chapter. (e) Notice of each hearing provided for in this section shall be sent by United States mail to each tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to the hearing. The notice requirement ofthis subdivision shall be deemed satisfied if the notice complies with the legal requirements for service by mail. Pursuant to Section 66451.2. fees may be collected from the subdivider or from persons appealing or filing a complaint for expenses incurred under this section. [Amended, Chapter 1408, Statutes of 1988] 66452.6. Tentative map approval time limits; moratoriums and lawsuits effect upon approval of time limits; time extensions (a) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 12 months. However, if the subdivider is required to e.xpend one hundred rwenry-five thousand dollars ($125,000) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, e.xcluding improvements of public rights-of-way which abut the boundary of the properry to be subdivided and which are reasonable related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration, as provided in this section, or the date of the previously filed final map. whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps which may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. The amount of one hundred twenry-five thousand dollars ($125,000) shall be increased by the registrar of contractors according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The adjustment by the registrar of contractors shall be effective on the first day of the month occurring more than 30 calendar days after the registrar of contractors makes that adjustment. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. "Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a) shall not include any period of time during which a development moratorium, imposed after approval of the tentative map. is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1,1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency which approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. E-28 A VIARA PLANNING AREA 26 NORTH - UNITS 1, 2 & 3 CT. NO. 90-38 1^ SCALE: /• » 400' CATTAIL PLACE BULRUSH COURT ROCKROSE TERRACE A VIARA PLANNING AREA 26 NORTH - UNITS 1, 2 Se 3 CT. NO. 90-38 SCALE: r - 500' CATTAIL PLACE BULRUSH COURT ROCKROSE TERRACE A VIARA PLANNING AREA 26 NORTH - UNITS I 2 & 3 C T NO. 90-38 SCALE: 1' " 1000' CATTAIL PLACE BULRUSH COURT ROCKROSE TERRACE OCEANSIDE VISTA PA 26 NORTH NORTH HO Seal* VICINITY MAP Planning Area 26N Street Name List Cattail Place Bulrush Court Rockrose Terrace 4>'\ty of Carlsbad Planning Departrnefil September 3. 1992 ^^^^ ^ B.^,*^ SIP 10 1992 AvlBra Attn: Pam Hames CITY OF CAr^LSSAD SEP '"' 2011 Palomar Airport Road #20fl ENGINEERING COUNTER Carlsbad, CA 92009 RE: STREET NAME APPROVALS FOR AVIARA PA 2BN, CT 30-38 The following street names have been approved for use In the above-iisted subdivision. These names should be Included on the final map end 0II Improvement plans. Rocktoie Terrace Bulrush Court Cattail Place In addition, please submit the following items to this office: 1. Street name list 2. 1000 scale mylar plot plan delineating street locations and hydrant locations. 3. 400 S, 500 scale mylar delineating street locations and hydrant locations with at least two existing streets and/or intersections shown on the map. 4. Vicinity Map. 8, Lot Map with address list (if available). Please call me at (619) 438-1161. extension 4477 ifyou have any questions. Sincerely, AHNE HYSONG'' Assistant Planner 0: Bobbie Hoder M:lh 2075 Laa Palmas Drive • Carlsbad, California 92009-1576 • (619) 4aB-nei SEP 8 '32 14:24 619 931 7950 PAGE.002 ** TOTAL PAGE. 002 >XH< 08/03/92 (MMA) 310,5;SV 26N120 Job No. 10659.10 EXHIBIT "A" LEGAL DESCRIPTION MASTER ASSOCIATION LOT 20 PLANNING AREA 2 6 NORTH UNIT 1 BEING ALL OF LOT 2 0 OF CITY OF CARLSBAD TRACT NO. 90-3 8 AVIARA PLANNING AREA 26 NORTH UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. , FILED IN THE OFFICE OF THE COUNTY RECORDER , 1992. SHEET 1 OF 2 SHEETS EXHIBIT ''A'" MASTER ASSOCIA VON LOT 20 CT 90-38 PLANNING AREA 26 NORTH UNIT SHEET 2 OF 2 SHEETS LEGEND: V////\ INDICA TES MASTER ASSOCIA TJON LOT. LOT 20 CONTAINS 0.711 ACRE. P&D TECHNOLOGfES 40t HESr 'A' STREET. SUnE 2500 SAN OEBa CM/FORm 92101 lELE: (Sia) 232~44Se FAX: (619) 2J4-J022 100' 0' 100' 200* 300' GRAPHIC SCALE: T-l 00' y^T /^ft III It ^n/T.cn in ijOAn-i /"Tfri c7 mcenn /^/^o 1 1 nr\ 08/03/92 (MMA) 310,5;SV 26N119 Job No. 10659.10 EXHIBIT "A" LEGAL DESCRIPTION MASTER ASSOCIATION LOT 19 PLANNING AREA 26 NORTH UNIT 1 BEING ALL OF LOT 19 OF CITY OF CARLSBAD TRACT NO. 90-38 AVIARA PLANNING AREA 2 6 NORTH UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. , FILED IN THE OFFICE OF THE COUNTY RECORDER , 1992. SHEET 1 OF 2 SHEETS EXHIBIT "A^ ^ ^^^^ 2 OF 2 SHEETS MASTER ASSOCIATION LOT 19 CT 90-38 PLANNING AREA 26 NORTH UNIT 1 LEGEND: V///A INDICATES MASTER ASSOCIATION LOT LOT 19 CONTAINS 1.190 ACRES. PAD TECHNOLOGIES 4m WEST 'A' STREET, SUITE 2SOO SAN DIEeO. CMJFOmHA 92101 TELEi (619) 232-4466 FAX (619) 2J4-J022 GRAPHIC SCALE: 1*-100' y" AVIARA l .;V.. I! 1992 March 2, 1992 CITY OF Cr LSBAD ENGINEERING DEPARTMENT Mayor Claude Lewis City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: CT 90-38 - Aviara Plamiing Area 26(N) - Hearing 3/3/92 Dear Mayor Lewis: On December 4, 1991, the Planning Commission considered and approved the above- referenced individual tentative subdivision map for the PA 26(N) neighborhood within Aviara Phase II. At this hearing, proposed staff condition No. 52 (P.C. Reso. No. 3314) was opposed by Aviara. A motion to eliminate the condition was defeated by a 3-3 vote. As a result, Aviara is now appealing to the Council to eliminate this condition. Condition No. 52 states: "Prior to approval of the Final Map the property Owner shall agree to participate in a Drainage Maintenance Assessment District. The mechanism for such agreement shall be to the satisfaction of the City Engineer and the Utilities and Maintenance Director." Aviara citizens are already subject to public bond taxes for Alga Road, Aviara Oaks School, and the Citywide Community Facihties District (CFD). Faced with this burden, Aviara does not believe it is appropriate for the City to restrict or ehminate the owner's right to oppose such an assessment on their property if such a vote comes to fruition; particularly in light of the fact that we understand this condition to be a newly enacted Engineering decision, not an outgrowth of Council policy. Maintenance of basic City facihties is the responsibility of the City, paid for out of the general fund, in which all Aviara land contributes. If the City is unable to perform such basic services, the problem should be brought forward and addressed. We would request a study on this matter prior to agreeing to this condition to ensure that services are not being paid for twice. 2011 PALOMAR AIRPORT ROAD SUITI; 206 CARLSBAD.CALII ORMA 92009 (619)931-1190 FAX;(6I9)931-7930 Mayor Claude Lewis March 2, 1992 Page 2 Aviara feels it is inappropriate for the City to add conditions to development, the impacts of which neither party can determine. It is my understanding that project discretionary approval is intended to determine what is required of the developer to build the project. A blanket approval condition to pay whatever the City adopts in the future subverts the process. Please consider our request to eliminate Condition No. 52 of P.C. Reso. No. 3314. We concur with and accept all remaining conditions of the resolution. Thank you for your consideration. Sincerely, D. Larry Clemens Vice President/General Manager DLC/lao cc: Mayor Pro-Tern Ann Kulchin Councilmember Julie Nygaard Councilmember Margaret Stanton Councilmember Eric Larson Ray Patchett, City Manager Marty Orenyak, Community Development Director Lloyd Hubbs, City Engineer Paul Klukas, Aviara pa26N.aIo m • • ^ • • ! C!" San Diego Gas & Electric 1623 WEST MISSION ROAD . ESCONDIDO, CA 92029 FILENO. May 28, 1991 Mr. Curt Noland Hillman Properties West 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92008 Dear Mr. Noland: TInis letter is in reference to the construction of a sound wall by your company within an existing SDG&E ten (10) foot wide easement on the southwest side of Alga Road and easterly of Kestrel Drive in the Aviara Development. SDG&E does not object to the construction of the sound wall at the location as shown on Tentative Map - C.T. 90-38. If the wall is extended in the future, please contact our office for review. If I can answer any questions, please contact me at our Northern Regional office. Thank you. Sincerely, Ms. Chris M. Neuner Right-of-Way Agent (619)432-5890 cc: Britain Yonker - Utility Design Consultants AVIARA r''-' oil •.•:>"'- •s- 5 «-"•'"• r'TV Cf October 18, 1991 Mr. Eric Munoz Planning Department City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 RE: CT 90-38; Aviara Planning Area 26 North Dear Eric: Aviara Land Associates hereby requests a three month extension to the development processing time frame for the above-referenced project. Since the date of appUcation completeness was April 30, 1991, this letter extends the review period limit to January 30, 1992. Sincerely, Paul J. Klukas Director of Community Planning PJK/er cc: Mike Grim pa26next.akz 2011 PALOMAR AIRPORT ROAD SUITI: 206 CARLSBAD CALIFORNIA 92009 (619)931-1190 KAX:(6I9) 931-7950 Citv of Carlsbad Planning Department January 10, 1991 Larry Clemens Aviara Land Associates 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 SUBJECT: CT 90-38 - Aviara Planning Area 26 - North Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Tentative Tract Map, application no. CT 90-38, as to its completeness for processing. The application is incomplete. Attached are two lists. The first list is information which must be submitted to complete your application. Ail list items must be submitted simultaneously at the CommunitY Development Buildina counter, and to the attention of Erin Letsch. A copy of this list must be included with your submittaL No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials have been submitted as outlined above, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initiallv filed. December 11, 1990, to either re-submit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Eric fJiunoz, at (619) 438-1161, extension 4441, if you have any questions or wish to set up a meeting to discuss the application. Sincen Attachment c: Gary Wayne Robert Green Chris DeCerbo Erin Letsch Bob Wojcik Sherri Howard File Copy Data Entry 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 UST OF ITEMS NEEDED TO COMPLETE APPUCATION: No. CT 90-38 PLANNING: 1. Constraints map and tentative map should be amended to identify and clearly label all Coastal Deed Restricted Open Space assuming CT 89-37 is approved as proposed. 2. Show golf course trail on tentative map. 3. Per the amended Aviara Master Plan, a noise study must tie submitted with the development application for Planning Area 26 North. ENGINEERING: 1. North point on tentative map. 2. Scale. 3. Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); show on map, remove from legal description on sheet 1. 4. Show proposed street grades and centerline radii. 5. Width and location of all existing or proposed public or private easements; are there any easements ~ see issues comments. 6. Show distance between all intersections and medium and high use driveways. 7. Spot elevations at the corners of each pad. 8. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 9. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each included drainage basin. ISSUES OF CONCERN PLANNING: 1. Which lots are proposed to be developed with: a) one story dwellings (total of ten required) ~ corner lots and at the terminus of streets would be appropriate. b) 24 foot minimum front yard setbacks (total of 16 required). This will have to be resolved prior to going to public hearing. Including building setback lines and building height restrictions per lot on a separate exhibit would be an acceptable solution. Settyack lines from Kestrel Drive and Alga Road should also be included on this exhibit. No. CT 90-38 2. Aviara Land Associates' affordable housing agreement with the City must be finalized prior to taking this project to public hearing. 3. Wall and fence locations and details (including heights) need to be shown. 4. Manufactured slopes will have to bie landscaped. Provide a landscape plan. 5. Lots 3 and 47 do not meet the required 60 foot minimum lot width as measured at the back of the 20 foot front yard setback. ENGINEERING: 1. TITLE REPORT: a) All easements listed in the Title Report must be shown on the Tentative Map. It is understood by t)oth the City and the Developer that until the Master Tentative Map CT 89-37 is recorded, the legal lot boundaries must be shown and the portion not involved in this sutxiivision will be labeled a remainder parcel. All easements within this lot must be shown. They can be identified on the key map which contains the remainder parcel. b) All easements must be listed on a table on the tentative map with the corresponding item number, easement purpose, easement width and recording information. c) Some of these easements appear to be from Phase I. If this is the case, they should be removed since Phase I is recorded. d) When CT 89-37 is recorded, a new title report will be required. 2. If you propose to construct in phases, show on tentative map. 3. The traffic analysis has been submitted to the Traffic Engineer for this review. 4. Remove the following notes from page 1 of the tentative map: 7, 10, 13, 17 and 18. These notes are not appropriate on the tentative map. 5. Place the following note on Uie tentative map: Lots 69, 70 and 71, the Open Space lots, will be deeded over to the Aviara Master Association in fee: the Open Space lots will be maintained by the Aviara Master Association. 6. Legal description: Do not provide a meets and bounds description on tentative map. Since it has not tieen surveyed and there are no calculations it cannot be checked for accuracy. 7. Lot lines shall be located at the top of slope (lots 23 thru 34) or bottom of slope (lots 58 thru 68). 8. Provide flow line elevations or invert elevations for all storm drain access holes (not curb inlets). 9. This tentative map will remain incomplete until the Master Tentative Map CT 89-37 has tieen approved by City Council. No. CT 90-38 10. The approval of this tentative map is contingent upon the completion of the grading for Phase II CT 89-37. This final map cannot record without completion of grading (and pad certification) and final map approval. 11. Provide sight distance at all intersections with Kestrel. Delineate on map. Call out as a sight distance corridor. 12. Rockrose Terrace South is not to City standards per Table A, page 14. This is a requirement of the Street Design Criteria, page 5(1 )(B) or apply for a Major Engineering Standards Variance as required on page 16, section 19 (Street Design Criteria) or make this a private development 13. Show the remainder of the legal lot as a remainder parcel. 14. Show Master Plan trail system. 15. Latiei open space lot "fingers" as "Portion Open Space Lot Numtier". 16. Show boundary of deed restricted area. 17. Show all proposed drainage and sewer easements. 18. Attached is a redlined checkprint Please return it with your resubmittal. Citv of Carlsbad lineering Department April 15, 1991 Mr. Paul Klukas Hillman Properties 2011 Palomar Airport Road, Suite 206 Carisbad, CA 92009 CT, 90-30, CT 90-31 AND CT 90-34, CT 90-35, CT 90-36, CT 90-37, CT 90-38, AVIARA PLANNING AREAS 27, 28, 29, 30, 26 SOUTH AND NORTH, AND 25 Thank you for providing overall studies for traffic and hydrology for the Aviara Phase II Plaiming Areas. City staff agrees the overall studies will best determine requirements of the individual planning areas. Please address the attached comments prior to resubmittal of the individual planning areas. Resubmit these studies with the tentative maps for the individual planmng areas through the Planning Department. The redlined checkprints and redlined studies must be included or tlie entire submittal v^dll be retumed incomplete. Attached is a summary of the comments. If you have any questions or require further information, please contact me at (619) 438- 1161, extension 4427. Sincerely, SHERRI HOWARD Associate Engineer c: Principal Civil Engineer - LURD Traffic Engineer Senior Plarmer DeCerbo Associate Plarmer Mimoz '-^ Associate Plaimer Blackbum Associate Engineer Jantz Associate Engineer Davis 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 CT. 90-30. CT 90-31 AND CT 90-34 THROUGH CT 90-38 HYDROLOGY STUDY FOR PLANNING AREAS 25, 26 NORTH, 26 SOUTH, 27, 28, 29, 30 1. General Comments A. Provide Q at all outlets B. In the future screen lot lines, subdivision boundaries, grading, etc. It is difficult to see sub-basin boundaries. 2. Une "A" A. Nodes and Hydrology Study do not match. Reference redlined checkprint. B. What Q was the existing desiltation basin expecting from this line. Discuss in text and show on the plan. 3. Une "C" A. Calculations for this line are confusing. Some calculations are repeated. B. Nodes and hydrology study do not match. Some nodes in the calculations are not on the plan. Some nodes on the plan are not in the calcvdations. C. I imderstand the original proposal to superelevate Batiquitos through the Kestrel Drive intersection has changed. The change must be shown in the final hydrology study. It does not need to be changed at preliminary stage since it will not affect overall flows. 4. Une "D" A. Node 722 on plan. Node 740 incorrectly labelled on plan. 5. Une "E" A. Has the Q been considered for the 36" storm drain line which runs under Alga into the open space north of Kestrel? B. Node 817 is not in the calcvdations. 6. The rediine checkprints have been included for your use. They must be retumed with the submittal. TRANSPORTATION ANALYSIS FOR AVL\RA PHASE 1 AND 2 TENTATIVE TRAC^- MAPS General 1. The Circulation Impact Analysis required for the tentative maps is not the same as the yearly monitoring program reqviired by the Local Facilities Management Plan. The Circulation Impact Analysis for the tentative maps should be specific to the site seeking approval. The monitoring report is a separate report and can be used as a basis. 2. The project report must reflect existing conditions, realistic projections, current traffic volumes, and future intersections at project completion. It should also address I-5/Poinsettia and Alga at Mimosa. When will these fail? Will they fail with Phase II or part way through the completion of Phase I. The project report must have current counts - volumes within the last six months. Note - Prior to taking any counts be sure to contact the your Project Engineer. 3. For the purpose of the Phase II tentative maps, only one report is necessary. It must be up to date and accurately reflect the phasing and comments indicated in Number 2 above. B. Comments Specific to the Report 1. Cover Sheet - Update the report to reflect the 1990 traffic volume conditions. 2. Table of Contents, Ust of Figures, Ust of Tables, i, ii, iii- existing conditions should be for 1990. (Typical throughout document). 3. Page 1 - Paragraph 3 - Revised existing traffic counts should be used especially after the opening of Alga/Poinsettia. 4. Page 4 - Figure 1 - Show the Alga/Poinsettia connection. Do not use estimated counts. Use actual count data. 5. Page 5- Figure 2- Label all streets shown. Take El Camino Real to Palomar Airport Road if trip distributions exceed 20%. 6. Page 6 - Table 1 - Adjust volume to 1990/1991 counts. Change Camino Vida Roble to Palomar Airport Road. Change classification of El Camino Real to a prime arterial. 7. Page 8 - Table 2 - Use 1990/1991 counts. Use 0.10 clearance value in all ICU calculations. The level of service of El Camino Real will change. 8. Page 11 - Table 3 - The phasing has changed from that shown. What was the actual ADT for 1990? 9. Page 13 and 14 - Figure 4 and 5 - Revise based upon new phasing that reflects what exists in 1990. 10. Page 15- Figure 6 - Project only ADT - does this reflect to project buildout? 11. Page 17 - Paragraph 2 - the Project buildout date 1992 will change. Revise. Paragraph 3 - Now that Alga Road cormects with Poinsettia Lane actual counts can be used in the discussion. 12. Page 18 - Figure 8 - Revise based upon actual counts. 13. Revise Figure 8 on Page 21 and related text on Page 19 Paragraph 2 to reflect new phasing and actual counts. 14. Page 19 - Last Paragraph - See comment 18. 15. Page 20 Table 4 - The City does not use interim traffic signals. The earUest signals will go in at 1-5 in 1993. A signal at Paseo Del Norte and Poinsettia will not occur in 1991. Alga to northbound El Camino Real has dual left tum lanes. 16. Page 22 - Table 5 - Use 1990 for existing. Buildout is no longer in 1993. Revise. El Camino Real is a prime arterial. Take El Camino Real to Palomar Airport Road not Camino Vida Roble. 17. Page 24. Conclusions and Recommendations - Revise based on actual (not assumed) counts and new phasing. 18. Page 25 Paragraph 1. Change wording. It is out of the realm of this study to recommend reclassification of existing Batiquitos. We suggest usuig phrases like "it is noted." 19. Page 25 Paragraph 2 - Verify the projected failure of the intersection Interstate 5/Pomsettia Lane - southbound off-ramp. 20. Page 25 Paragraph 3 - Do not project LOS - verify. 21. Page 26 - Paragraph 1 - Traffic signals at Poinsettia and 1-5 wdll not happen until 1993 at the earliest. Paragraph 2 - the signal at Poinsettia and Paseo Del Norte is a Capital Improvement Project scheduled for completion in 1992. Have this study reflect. Paragraph 3 - verify that Batiquitos/Poinsettia intersection will fail. Project will be conditioned to install signal. 22. Page 27 - Paragraph 3 - Alga at El Camino Real has just completed improvements. Revise this study to reflect these improvements. 23. Page 28 - Paragraph 1 - Now that the Alga/Poinsettia connection has been made, verify the second sentence. Last Paragraph - The signal for Paseo Del Norte/Poinsettia Lane is in a Capital Improvement Project, the developer will not install. 24. Page 29 - Figure 10 - Revise to reflect new information and improvements completed. Citv of Carlsbad Planning Department April 30, 1991 Larry Clemens Aviara Land Associates 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 RE: CT 90-38 - AVIARA PLANNING AREA 26 NORTH This is to inform you that the items previously requested to make your Tentative Tract Map, application no. CT 90-38, complete have been received and reviewed by the Planmng Department. It has been determined that the appUcation is now complete for processing. Although the initial processing of your appUcation may have already begun, the technical acceptance date is acknowledged by the date of this communication. Attached is a Ust of Planmng and Engineering issues. Please note that although the appUcation is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduUng the project for pubUc hearing. In addition, the City may request, in the course of processing the appUcation, that you clarify, amplify, correct, or otherwise supplement the information required for this appUcation. The Planning Department wiU begin processing your appUcation, as of the date of this communication. Please contact Eric Munoz, at (619) 438-1161 ext. 4441, if you have questions or wish additional information. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH/ENM:vd cc: Gary Wayne Robert Green Erin Letsch Chris DeCerbo Bob Wojcik Teresa Smith File Copy Data Entry Maijorie/Steve 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 CT 90-38 AVL\RA PLANNING AREA 26 NORTH APRIL 30, 1991 PAGE 2 ISSUES Planning 1. Lots 2, 3, 4, 7, 22, 47, 48 and 68 do not meet the minimum 60' width at the front yard setback. Recheck/redesign plan to verily proper lot widths and minimum lot area (7,500 sq. ft.) for aU lots. 2. A landscape plan shaU be required for aU perimeter manufactured slopes in conformance with the Master Plan landscape requirements and specific requirements for Planning Area 26 Nortii. 3. AU waU locations should be shown on plan. WaU design detaUs should be submitted. 4. Clarify the proposed boundary adjustments to the coastal resource area. 5. Review aU grading for encroachment into open space areas or coastal resource areas. 6. The amended Master Plan designates areas with natural slopes and trees within Planning Area 26 North to be preserved. This has to be clearly shown on the tentative map. Engineering 1. Titie Report: When CT 89-37 is recorded, a new tide report wiU be required. This note wUl continue to appear as an issue until the titie report is received or the project is conditioned. 2. Lot lines shaU be located at the top of slope or the bottom of slope. 3. Provide flowUne elevations or invert elevations for aU storm drain access holes (not curb inlets) on the tentative map. Appropriate elevations required to determine maximum depth of pipe. 4. The approval of this tentative map is contingent upon the completion of the grading for Phase II - CT 89-37. The final map can not record without completion of grading (and pad certification) and final map approval. 5. Be sure lot width minimums are maintained. 6. City Design Standard pg. 6(3) (1) require 50' tangent adjacent to an intersection. 7. City Design Standards pg. 7(3) (D) require 100' tangent between reversing curves. City Engineer approval is required for less. This may be appUed for by writing a letter to Bob Wojcik. The letter must state the request and any supporting documentation or exhibits. 8. Design the northem entrance for Rockrose Terrace (the knuckle) to City Standards. 9. Does the developer have permission from SDG&E to place a soundwaU in their easement? Please provide to the City. CT 90-38 AVL\RA PLANNING AREA 26 NORTH APRIL 30, 1991 PAGE 3 10. AU double fronted lots must relinquish access on one side. 11. Correct Average DaUy Traffic. 12. Please remm redUned checkprint with next submittal or bring to any City meetings. 13. Show location of proposed guardraU to be sure it does not affect signage. Extra right-of- way may be needed at those locations. 14. Provide 10 foot traU easement. NOV 21 '94 01=12PM HILLMAN PROPERTIES P. 2/3 9r March 19, 1993 AVIARA Mike Gnm City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 Subject: Phase n Trail Realigmnent Dear Mike: In accordance with our discussion yesterday, it is our understanding tbat the Phase II TVail Realignment originally proposed to the Qty on July 2, 1992 is approved. We understand that tbis approval is subject to tbe foUowing: 1. That landscape plans for affected planning areas be amended to show tbe location of tbe trail. 2. That landscape plans for PA 25 be amended to show the addittonal screening trees shown on tbe P & D trail exhibit dated 3/4/93. We have authorized ONA to revise and process tbe appropriate drawings accordingly. We bave also enclosed per your request a revised trail system exhibit for inclusion in tbe Master Plan. Tbank you for your assistance in resoludon of tbis matter. Please let me know if we can provide additional infoimation. .cetily, R •irector of Eni CRN/er cc: Paul J. Klukas Dennis Otsuji w/endosure Gary Wood Ben EUoiin (PA 26N plancheck) Vartan Vaitanian (PA 25 plancheck) pldltnl.aa NOV 21 '94 01:12PM HILLMfiN PROPERTIES P. 3/3^ LEGEND ^ MAJOR (XMfJNnY TTVL J71 SBXNDARYTRAL NOTB NATURE TWL SHMU. Bg ICUJDB) N AOOORMNCE VWTH 1HAT TRAIL SYSTE AVIARA -67- UL_J STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR MAY 2 4 1^9 ) SAN DIEGO, CALIFORNIA 92108 (619) 692-1600 Qj^y QF CARLSBAD DEVELOP.. PROC. SEi"^V. DIV. PRELIMINARY REPORT March 21, 1991 HILLMAN PROPERTIES WEST, INC. YOUR NO. PH II/P.A. 26N 2011 PALOMAR AIRPORT RD., #206 OUR NO. 106114-10 CARLSBAD, CA LOAN REF: AVIARA LAND ASSOCIATES ATTENTION: PAM HANES IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO 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 BY STEWART TITLE GUARANTY COMPANY, 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 HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF MARCH 19, 1991 AT 7:30 A.M. 7 LORETTA "^GRANGER/ tia TITLE OFFICER NOTE: EFFECTIVE WEDNESDAY, OCTOBER 24, 1990, OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: 1. GROSSMONT BANK 380 STEVENS AVE. #314 SOLANA BEACH, CA. 92075 2. ABA #122232109 3. FOR CREDIT TO STEWART TITLE ACCOUNT ACCOUNT # 11002412-01 4. REFERENCE: TITLE OFFICER AND/OR TITLE #. 106114-10 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( ) 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ( ) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ( ) 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY ( ) SCHEDULE A 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; AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP 106114-10 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY ^F SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 304 OF CITY OF CARLSBAD TRACT 85-35, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989; THENCE ALONG THE WESTERLY LINE THEREOF, SOUTH 47'10'50" WEST 350.89 FEET; THENCE SOUTH 40'43'12" WEST 605.23 FEET; THENCE SOUTH 17*45'00" EAST 314.44 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 0*23'46" EAST 201.16 FEET; THENCE SOUTH 13'56'09" EAST 120.27 FEET; THENCE SOUTH 32*01'52" EAST 113.51 FEET; THENCE SOUTH 19'26'04" EAST 29.76 FEET; THENCE SOUTH 11*31'53" EAST 163.99 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 304; THENCE ALONG SAID WESTERLY LINE SOUTH 16°45'00" WEST 12.00 FEET; THENCE SOUTH 12*58'00" EAST 576.38 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 78*00'00" WEST 440.12 FEET; THENCE NORTH 62*50'00" WEST 139.35 FEET TO A POINT ON A NON-TANGENT 600.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86*06'17" EAST; THENCE NORTHERLY ALONG SAID CURVE 141.75 FEET THROUGH A CENTRAL ANGLE OF 13'32-09"; THENCE NORTH 17'25"52" WEST 180.03 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE 169.19 FEET THROUGH A CENTRAL ANGLE 22*32'38"; THENCE TANGENT TO SAID CURVE NORTH 39'58'30" WEST 139.17 FEET TO THE BEGINNING OF A TANGENT 295.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE 398.84 FEET THROUGH A CENTRAL ANGLE OF 77*27'50"; THENCE TANGENT TO SAID CURVE NORTH 37*29'20" EAST 102.27 FEET TO THE BEGINNING OF A TANGENT 380.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE 275.31 FEET THROUGH A CENTRAL ANGLE OF 41*30'40"; THENCE TANGENT TO SAID CURVE NORTH 4*01'20" WEST 209.38 FEET TO THE BEGINNING OF A TANGENT 570.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE 239.98 FEET THROUGH A CENTRAL ANGLE OF 24*07'20"; THENCE TANGENT TO SAID CURVE NORTH 20*06'00" EAST 144.21 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE 71.75 FEET THROUGH A CENTRAL ANGLE OF 12*27'25"; THENCE TANGENT TO SAID CURVE NORTH 7*38'35" EAST 100.54 FEET TO THE -1- 106114-10 BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE 166.19 FEET THROUGH A CENTRAL ANGLE OF 35*16'02"; THENCE TANGENT TO SAID CURVE NORTH 42*54'37" EAST 221.17 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE 27.09 FEET THROUGH A CENTRAL ANGLE OF 77*36'39" TO A POINT ON THE SOUTHERLY LINE OF ALGA ROAD AS DEDICATED TO THE CITY OF CARLSBAD IN DEED RECORDED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS, SAID POINT ALSO BEING A POINT ON A 901.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 30*31'16" WEST; THENCE EASTERLY ALONG SAID CURVE 431.47 FEET THROUGH A CENTRAL ANGLE OF 27*26'16"; THENCE TANGENT TO SAID CURVE SOUTH 86*55'00" EAST 217.41 FEET TO THE POINT OF BEGINNING. -2- 106114-10 SCHEDULE B 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: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92, A LIEN NOT YET PAYABLE. lA. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: SECOND INSTALLMENT: LAND: IMPROVEMENTS: CODE AREA: PARCEL NO. $55,033.42 PAID $55,033.42 OPEN $10,200,000.00 $-0- 09027 215-040-23 IB. 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. 2. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: SEPTEMBER 7, 1983 BY AND BETWEEN: N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION REGARDING: AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: OCTOBER 20, 1983 AS FILE NO. 83-378945 OF OFFICIAL RECORDS 3. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986 AS FILE NO. 86-356638 OF OFFICIAL RECORDS. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 4. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL -1- SCHEDULE B CONTINUED 106114-10 PARTICULARS DATED: BY AND BETWEEN; REGARDING: RECORDED: AUGUST 29, 1986 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 6, 1986 AS FILE NO. 86-509319 OF OFFICIAL RECORDS 5. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN; REGARDING: RECORDED: OCTOBER 16, 1987 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 19, 1987 AS FILE NO. 87-647735 OF OFFICIAL RECORDS DATED: BY AND BETWEEN; 6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 6, 1988 THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS REGARDING: RECORDED: 7. A DEED OF STATED HEREIN THEREOF DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS DECEMBER 20, 1988 $125,000,000.00 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS SAID MATTER AFFECTS THIS AND OTHER PROPERTY. -2- SCHEDULE B CONTINUED 106114-10 AN ASSIGNMENT OF RENTS, AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY TO RECORDED AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661637 OF OFFICIAL RECORDS A FINANCING STATEMENT GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST SHOWN IN DEBTOR SECURED PARTY FILED IN THE OFFICE OF ITEM NO. 2 4 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS SAN DIEGO COUNTY SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED APRIL 14, 1989 AS FILE NO. 89-196179 of Official Records DEED RESTRICTION (TRAIL) APRIL 14, 1989 AS FILE NO. 89-196178 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded APRIL 14, 1989 AS FILE NO. 89-196181 of Official Records IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS APRIL 14, 1989 AS FILE NO. 89-196180 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE NO. 89-345756 of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. 89-345755 of Official Records -3- SCHEDULE B CONTINUED Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded 106114-10 Subordinated to Recorded JUNE 29, 1989 AS FILE NO. 89-345758 of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. 89-345757 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE NO. 89-345766 of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. 89-345765 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument JULY 24, 1989 AS FILE NO. 89-388407 of Official Records MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS JULY 5, 1989 AS FILE NO. 89-354659 of Official Records Recorded Subordinated to Recorded SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS RECORDED SUBORDINATED TO RECORDED 8. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT; PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CARLSBAD MARCH 14, 1989 AS FILE NO. 89-130025 OF OFFICIAL RECORDS PLAT NO. CITY OF: RECORDED: AND AS AMENDED MAY 8, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. -4- SCHEDULE B CONTINUED 106114-10 NOTE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989 AS FILE NO. 89-400726 AND OCTOBER 5, 1989 AS FILE NO. 89-540361, BOTH OF OFFICIAL RECORDS. 9. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MARCH 22, 1989 BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS REGARDING: RECORDED: 10. AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAIL) BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION, WHICH AMONG OTHER THINGS, SET OUT GUIDELINES FOR LANDSCAPING, PUBLIC ACCESS, GRADING, FUTURE DEVELOPMENT AND PRESERVATION OF STEEP SLOPES. SAID INSTRUMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 11. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS DATED MARCH 13, 1989 BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN; REGARDING: RECORDED: MARCH 31, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE JUNE 5, 1989 AS FILE NO. 89-296176 of Official Records 13. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: RECORDED: CITY OF CARLSBAD PUBLIC STREET PURPOSES, DRAINAGE PURPOSES AND FOR SIDEWALK PURPOSES JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY -5- SCHEDULE B CONTINUED 106114-10 DESCRIBED IN SAID DOCUMENT. 14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 28, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD BASIN MAINTENANCE JUNE 29, 1989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS DATED: BY AND BETWEEN; REGARDING; RECORDED: 15. Covenants, conditions and restrictions i- an instrument recorded JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS. Restrictions, if any based on race, color, religion or national origin are deleted. Which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. The above-mentioned covenants, conditions and restrictions provide that the assessment liens provided for therein shall be subordinated to the lien of any first mortgage upon any condominium. First Amendment and Restatement recorded July 31, 1990 as File No. 90-418521 of Official Records. 16. An easement affecting said land for the purposes stated herein and incidental purposes In Favor of; For Recorded; SAN DIEGO GAS & ELECTRIC COMPANY UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, AND COMMUNICATION FACILITIES, AND APPURTENANCES FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 17. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: APRIL 17, 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION EASEMENT AND COVENANT REGARDING CATV SERVICE -6- SCHEDULE B CONTINUED 106114-10 RECORDED: JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS 18. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING; RECORDED: FEBRUARY 12, 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A PARTNERSHIP AND THE CITY OF CARLSBAD THE PAYMENT OF A PUBLIC FACILITIES FEE JUNE 19, 1990 AS FILE NO. 90-330557 OF OFFICIAL RECORDS 19. A PENDING ASSESSMENT FOR THE DI&xRICT 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: NO. 1, CITY OF CARLSBAD ASSESSMENT DISTRICT BOUNDARY MAP DECEMBER 19, 1990 AS FILE NO. 90-674118 OF OFFICIAL RECORDS -7- CLTA Preliminary Report Form CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. 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 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 violation effecting 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 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) 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 claimant 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 or indebtedness, to comply with the 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 or any consumer credit protection or truth in lending law. 6. Any claim, w^ich arises out of the transaction vesting in the insured the estate or interest of the insured lender, by reason of the operation ot federal bankruptcy, state insolvency or similar creditors' rights laws. 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 which may be asserted by 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. (List of Printed Exceptions and Exclusions Continued on Next Page) REV 1990 STEWART TITLE Page lof 4 GUARANTY COMPANY CLTA Preliminary Report Form 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, 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 of 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 happened 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 appeared 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. 5. 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. 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT- FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS AND 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 regu- lations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, di- mensions 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 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. (List of Printed Exceptions and Exclusions Continued on Next Page) P3^g^2 0,^° STEWART TITLE GUARANTY COMPANY CLTA Preliminary Report Form 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 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 (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 the 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 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 or any consumer credit protection or truth in lending law. 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. 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 assess- ments 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 inspec- tion 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. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) 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 char- acter, 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 protec- tion, 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 affect- ing 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 re- corded in the public records at Date of Policy. (List of Printed Exceptions and Exclusions Continued on Next Page) REV 1990 STEWART TITLE Paae 3 of 4 " GUARANTY COMPANY CL TA'Preliminary Report Form 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 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 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. 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 policv 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 assess- ments 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 inspec- tion 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. REV 1990 STEWART TITLE Page4of4 GUARANTY COMPANY COUNTY OF SAN DIE(^ STATE OF CALIFORNIA AVIARA^HASE II PROCEDURE OF SURVEY it N. T.S. FD. 2" IRON PIPE WITH DISC MARKED -po^" pep N77'30'00"E 358. CD' STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 (619) 692-3666 (619) 436-3002 (619) 743-3821 PRELIMINARY REPORT October 16, 1990 HILLMAN PROPERTIES WEST, INC. YOUR NO. AVIARA 2011 PALOMAR AIRPORT RD. , #206 OUR NO. 101274-10 CARLSBAD, CA LOAN REF: AVIARA ATTENTION: PAM HANES IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO 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 BY STEWART TITLE GUARANTY COMPANY, 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 HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF OCTOBER 12, 1990 AT 7:30 A.M. ' LORETTA GRANGER/tla/ TITLE OFFICER 101274-10 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( ) 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ( ) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ( ) 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY ( ) SCHEDULE A 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: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP 101274-10 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: CARLSBAD TRACT , AVIARA PHASE II, BEING A SUBDIVISION OF A PORTION OF SECTIONS 27, 28, 33 AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. 101274-10 SCHEDULE B 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: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91, A LIEN NOT YET PAYABLE. lA. 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. 2. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: RECORDED: AFFECTS: SAN DIEGO GAS & ELECTRIC COMPANY TRANSMISSION AND DISTRIBUTION OF ELECTRICITY APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL RECORDS AS SET FORTH THEREIN 3. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: RECORDED: AFFECTS: SAN DIEGO GAS & ELECTRIC COMPANY THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS AS SET FORTH THEREIN BY QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73-355049 OF OFFICIAL RECORDS THE FOLLOWING PORTION OF SAID EASEMENT WAS ELIMINATED. THAT CERTAIN 20.00 FOOT STRIP OF LAND LYING WITHIN THE SOUTH HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND BEING 10.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 26, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 24'59'39" WEST, A DISTANCE OF 756.26 FEET; THENCE NORTH 53'06'06" EAST, 25.00 FEET TO THE TRUE -1 - SCHEDULE B CONTINUED 101274-10 POINT OF BEGINNING OF THE CENTER LINE OF THE STRIP OF LAND BEING QUITCLAIMED HEREIN; THENCE FROM SAID TRUE POINT OF BEGINNING AND CONTINUING NORTH 53*06'06" EAST, 135.00 FEET. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JANUARY 10, 1989 BY AND BETWEEN: SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP REGARDING: RIGHT OF WAY USE AGREEMENT RECORDED: JANUARY 10, 1989 AS FILE NO. 89-012389 OF OFFICIAL RECORDS NOTE: SAID AGREEMENT REFERS TO THE EASEMENT ABOVE DESCRIBED. 4. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; FOR: RECORDED; AFFECTS: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES, TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS AND EGRESS APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553, PAGE 334 OF OFFICIAL RECORDS. AS SET FORTH THEREIN 5. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR; RECORDED: AFFECTS: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION A LINE OR LINES OF POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES, UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION PURPOSES AND PIPE LINES FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL RECORDS AS SET FORTH THEREIN 6. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: RECORDED: AFFECTS: CARLSBAD MUNICIPAL WATER DISTRICT PIPE LINE JULY 21, 1958, DOCUMENT NO. 116505 OF OFFICIAL RECORDS AS SET FORTH THEREIN 7. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: CARLSBAD MUNICIPAL WATER DISTRICT PIPE LINE -2- SCHEDULE B CONTINUED 101274-10 RECORDED: AFFECTS: DECEMBER 4, 1959, DOCUMENT NO. 250359 OF OFFICIAL RECORDS AS SET FORTH THEREIN 8. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: RECORDED; AFFECTS: THE CITY OF CARLSBAD WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION, AND/OR EMBANKMENT FACILITIES MARCH 11, 1976 AS FILE NO. 75-071622 OF OFFICIAL RECORDS AS SET FORTH THEREIN 9. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR; RECORDED; AFFECTS SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL MAY 26, 1976 AS FILE NO. 76-159954 OF OFFICIAL RECORDS AS SET FORTH THEREIN 10. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL NOVEMBER 22, 1975 AS FILE NO. 76-391112 OF OFFICIAL RECORDS AS SET FORTH THEREIN IN FAVOR OF; FOR: RECORDED; AFFECTS 11. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES HEREIN AND INCIDENTAL PURPOSES STATED IN FAVOR OF; FOR: RECORDED: AFFECTS: SAN DIEGO GAS & ELECTRIC COMPANY THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM MAY 10, 1977 AS FILE NO. 77-177430 OF OFFICIAL RECORDS AS SET FORTH THEREIN 12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL -3- SCHEDULE B CONTINUED 101274-10 PARTICULARS DATED: BY AND BETWEEN; REGARDING: RECORDED; SEPTEMBER 7, 1983 N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE OCTOBER 20, 1983 AS FILE NO. 83-378945 OF OFFICIAL RECORDS 13. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986 AS FILE NO. 86-356638 OF OFFICIAL RECORDS. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING; RECORDED; AUGUST 29, 1986 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 6, 1986 AS FILE NO. 86-509319 OF OFFICIAL RECORDS ^• • 15. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN; REGARDING: RECORDED: OCTOBER 16, 1987 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 19, 1987 AS FILE NO. 87-647735 OF OFFICIAL RECORDS 16. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN; JUNE 6, 1988 THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP -4- SCHEDULE B CONTINUED 101274-10 RECORDED; (LAGOON NORTH SHORE TRAIL) JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS 17. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; FOR: RECORDED: AFFECTS; STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE LANDS COMMISSION PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS AS SET FORTH THEREIN 18. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DECEMBER 20, 1988 • $125,000,000.00 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED SAID MATTER AFFECTS THIS AND OTHER PROPERTY. AN ASSIGNMENT OF RENTS, AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY TO RECORDED AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661637 OF OFFICIAL RECORDS A FINANCING STATEMENT GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST SHOWN IN DEBTOR SECURED PARTY FILED IN THE OFFICE OF ITEM NO. 24 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS SAN DIEGO COUNTY -5- SCHEDULE B CONTINUED SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT 101274-10 RECORDED SUBORDINATED TO RECORDED APRIL 14, 1989 AS FILE NO. 89-196179 of Official Records DEED RESTRICTION (TRAIL) APRIL 14, 1989 AS FILE NO. 89-196178 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument APRIL 14, 1989 AS FILE NO. 89-196181 of Official Records IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS APRIL 14, 1989 AS FILE NO. 89-196180 of Official Records Recorded Subordinated to Recorded Said DEED OF. TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE NO. 89-345754 of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. 89-345753 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE NO. 89-345756 of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. 89-345755 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE NO. 89-345758 of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. 89-345757 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument -6- SCHEDULE B CONTINUED 101274-10 Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE NO. 89-345760 of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. 89-345759 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE NO. 89-345762 of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. 89-345761 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE NO. 89-345764 of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. 89-345763 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE NO. 89-345766 of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. 89-345765 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument JULY 24, 1989 AS FILE NO. 89-388407 of Official Records MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS JULY 5, 1989 AS FILE NO. 89-354659 of Official Records Recorded Subordinated to Recorded SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS EASEMENT AND COVENANT REGARDING CATV SERVICE RECORDED SUBORDINATED TO -7- SCHEDULE B CONTINUED 101274-10 RECORDED JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED JULY 9, 1990 AS FILE NO. 90-369911 OF OFFICIAL RECORDS DEED RESTRICTION (OPEN SPACE) JULY 9, 1990 AS FILE NO. 90-369909 OF OFFICIAL RECORDS 19. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT; PLAT NO. CITY OF: RECORDED: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CARLSBAD MARCH 14, 1989 AS FILE NO. 89-130025 OF OFFICIAL RECORDS AND AS AMENDED MAY 8, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. NOTE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989 AS FILE NO. 89-400726 AND OCTOBER 5, 1989 AS FILE NO. 89-540361, BOTH OF OFFICIAL RECORDS. 20. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS 'MARCH 22, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS DATED: BY AND BETWEEN REGARDING RECORDED: 21, AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAIL) BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION, WHICH AMONG OTHER THINGS, SET OUT GUIDELINES FOR LANDSCAPING, PUBLIC ACCESS, GRADING, FUTURE DEVELOPMENT AND PRESERVATION OF STEEP SLOPES. SAID INSTRUMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 22. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE -8- SCHEDULE B CONTINUED 101274-10 OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS DATED MARCH 13, 1989 BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND RECORDED APRIL 14, 1989 AS FILE NO. 89-1961^0 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 23. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: MARCH 31, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE JUNE 5, 1989 AS FILE NO. 89-295176 of Official Records (Q&f} " '/' 24. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; FOR: RECORDED: CITY OF CARLSBAD WATERLINE PURPOSES JUNE 29, 1989 AS FILE NO. 89-345753 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 25. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; FOR: RECORDED: AFFECTS: CITY OF CARLSBAD DRAINAGE JUNE 29, 1989 AS FILE NO. 89-345755 OF OFFICIAL RECORDS AS DESCRIBED IN SAID DOCUMENT 26. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: RECORDED: CITY OF CARLSBAD DRAINAGE JUNE 29, 1989 AS FILE NO. 89-345755 OF OFFICIAL RECORDS 27. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: RECORDED: CITY OF CARLSBAD GENERAL UTILITY AND ACCESS JUNE 29, 1989 AS FILE NO. 89-345757 OF OFFICIAL RECORDS AS DESCRIBED IN SAID DOCUMENT AFFECTS: 28. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE -9- SCHEDULE B CONTINUED PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES 101274-10 IN FAVOR OF: FOR: RECORDED: AFFECTS: CITY OF CARLSBAD SEWER AND DRAINAGE JUNE 29, 1989 AS FILE NO. 89-345759 OF OFFICIAL RECORDS AS DESCRIBED IN SAID DOCUMENT 29. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: RECORDED: AFFECTS: CITY OF CARLSBAD GENERAL UTILITY AND ACCESS JUNE 29, 1989 AS FILE NO. 89-345761 OF OFFICIAL RECORDS AS DESCRIBED IN SAID DOCUMENT 30. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; FOR: RECORDED: CITY OF CARLSBAD PUBLIC STREET PURPOSES, DRAINAGE PURPOSES AND FOR SIDEWALK PURPOSES JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 31 AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN; REGARDING; RECORDED: JUNE 28, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD BASIN MAINTENANCE JUNE 29, 1989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS 32. Covenants, conditions and restrictions in an instrument recorded JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS. Restrictions, if any based on race, color, religion or national origin are deleted. Which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. The above-mentioned covenants, conditions and restrictions provide that the assessment liens provided for therein shall be subordinated to the lien of any first mortgage upon any condominium. -10- SCHEDULE B CONTINUED First Amendment and Restatement recorded July 31, 1990 as File No. 90-418521 of Official Records. 101274-10 33. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; FOR; RECORDED; AFFECTS: CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STATE OF CALIFORNIA, ITS SUCCESSORS AND ASSIGNS THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND AUGUST 7, 1989 AS FILE NO. 89-419898 OF OFFICIAL RECORDS AS SET FORTH THEREIN 34. An easement affecting said land for the purposes stated herein and incidental purposes In Favor of: For: Recorded; SAN DIEGO GAS & ELECTRIC COMPANY UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, AND COMMUNICATION FACILITIES, AND APPURTENANCES FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 35. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: APRIL 17, 1990 BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION REGARDING: EASEMENT AND COVENANT REGARDING CATV SERVICE RECORDED: JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS 36. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: FEBRUARY 12, 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, -11- SCHEDULE B CONTINUED 101274-10 REGARDING: RECORDED: A PARTNERSHIP AND THE CITY OF CARLSBAD THE PAYMENT OF A PUBLIC FACILITIES FEE JUNE 19, 1990 AS FILE NO. 90-330557 OF OFFICIAL RECORDS (' ^ ' ^ 37. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; FOR: RECORDED: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP ACCESS JUNE 29, 1990 AS FILE NO. 90-355543 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. -12- • Costa ReaP^ Municipal Water District 5950 B Camino Real. Carisbad. CA 32008 Telephone: (619) 438-2722 Engineering Gepc 438-3367 January 23, 1989 Attn: Mr. Tony German " . Killman Properties Carlsbad, California 9200.8 Subj: Aviara (Pacific Rim Developtnent) Carlsbad~Tract No. 85-35 Dear Tony: The subject praject is located within the Costa Real Municipal Water District service area- Water service can be made available to subject property and may be developed at the time an application for service is completed, and all applicable fees aire paid. The applicant shall meet the conditions of the Costa Real Municipal Water District and its Watar Master Plan- The applicant shall also meet the conditions of Local Facilities Management Zone 19- Installation of any facilities shall be in accordance with the District's "Standard Plans and Specifications" dated January 1987- The entire water system is being evaluated in detail to assure that adequate capacity for domestic, landscaping and fire flow demands are met- Regarding fees and deposits: The developer will be respon- sible for the major facility charge which will be collected at time of issuance building permit- Please contact the undersigned if you have any questions regarding this project. Very truly yours. F- ^erxy Whitleg/- Engine^ing Supervisor FJW: jcm CRMWD 86-503 Citv of Carlsbad Pi3nning Department DISCLOSURE STATEMENT APPUCA^f^S STATEMENT OF OlSCtOSURE OF CERTAIN OWNEnSHIP (NTERESTS ON AU. APPUCATIONS WHICH WIU. REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL. OH ANV APPOINTED BOARD, COMMISSION OR COMMfTTEE (Please Print) The following information must be disclosed: 1. Applicant Ust the names and addresses of all persons having a financial interest in the application. \0 feu^g<giau4- LA<0€ CcAgfcioCt s 5»»v«jrn4 Owner List the names and addresses of all persons having any ownership interest in the property involved. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of ail individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. I^K FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Disclosure Statennent fOver) Page 2 Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Councii within the past twelve months? Yes No If yes, please indicate person(s) Paraon i« dafinad ••: 'Any individual, firm, copartnarship, joint vantura, aaaociation, social club, fratarnal organization, corporation, astata. trust, racaivar, syndicata, thia and any othar county, city and county, city municipality, diatrict or othar political subdiviaion, or any othar group or combination acting aa a unit' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Print or type name of owner Signature of applicant/date Print or type name of applicant FRM00013 8/90 APPLftriON COMPLETE DATE: April 30. 1991 STAFF REPORT EXTENSION TO: JANUARY 30. 1992 DATE: DECEMBER 4, 1991 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CT 90-38 - AVIARA PLANNING 26fNl - Request for a Tentative Tract Map to include 68 single family residential lots (minimum 7500 square foot) and 3 open space lots on a 28.9 aero, site located at the southeast comer of the intersection of Alga Road and Kestral Drive, in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3313 RECOMMENDING APPROVAL of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolution No. 3314 RECOMMENDING APPROVAI. of CT 90-38, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BAQCGROUND This project is a Tentative Tract Map to create 68 single family residential lots (minimum 7500 SF) and 3 open space lots as shovvn on Exhibit "B" within the Aviara Mas'ier Plan. Planning Area 26 (N) is located at the southeast comer of the intersection of Alga Road and Kestral Drive. The 28.9 acre subject property is zoned PC and is under a combination General Plan designation of RLM/RM/OS/RC/N. The project would have a density of 2.35 du/ac. This density is consistent with the Plamiing Area's maximum pemiitted density of 2.35 du/ac. The property is also located within the Coastal Zone (Mello I and East Batiquitos Lagoon) and will require a Coastal Permit issued by the Califomia Coastal Commission. As shown on Exhibit "B" the project would be accessed via three points along Kestral Drive, which is localed along the westem perimeter of the property. A 60 foot wide Local Street system would be constmcted to intersect with Kestral Drive, to provide access to the project's residential lots. As shown on Exhibit "B", a public cul-de-sac street system would provide access to more residential lots in the norrhem area of the plarming area adjacent to Alga Road. The project has been designed to double load all project residential lots along the intemal cul-de-sac street system. >LA^fc' CT 90-38 AVIARA PLAlWNG AREA 26(N) DECEMBER 4, 1991 PAGE 2 Proposed project grading includes 4,100 cubic yards of cut and fill to be balanced onsite. This minor amount of grading is regarded as finish grading for this site v/hich is in the process of being graded consistent with the previously approved Aviara Phase II tentative map (CT 89-37). This project proposes no encroachment into the previously Coastal Commission deed restricted open space lots approved through the Aviara Phase II Master Tentative Map. These open space lots are vegetated with Coastal Sage Scmb vegetation. This project also proposes a .6 acre "give-back" area to be included into the Coastal Resource Area. The project site is surrounded by future single family residential to the south (PA 26S) and west (PA 25), by Alga Road to the north, and by the Aviara Golf Course to the east. Since the project is not proposing stmctures at tliis time, a Site Development Plan will be required to be processed subsequent to the development of the planning area, to ensure compliance with Aviara Master Plan development standards. III. ANALYSIS Planning Issues 1. Does the proposed Tentative Subdivision Map satisfy all requirements of the Zoning Ordinance, Subdivision Ordinance and the Si:ate Map Act? 2. Is the design of the proposed subdivision consistent with the intent of Master Plan 177? 3. Does the proposed project grading substantially comply with the mass grading approved through the Aviara Phase II Master Tentative Map (CT 89-37)? 4. Is the proposed project in compliance with the Mello I and East Batiquitos Lagoon Local Coastal Programs? 5. Is the proposed project consistent with the Zcne 19 Local Facility Management Plan? DISCUSSION The 28.9 acre, 71 lot Tentative Map for Planning Area 26(N) satisfies all requirements of the R-1-7500 zone, Carlsbad's Subdivision Ordinance and the State Map Act. All proposed residential lots will front on publicly dedicated streets and meet the minimum development standards of the R-1-7500 zone. Specifically, all lots are: CT 90-38 AVIARA PLAllffNG AREA 26(N) DECEMBER 4, 1991 PAGE 3 1. A minimum of 7500 square feet in area; 2. A minimum of 60 feet in v/idth; 3. A minimum of 90 feet in depth; and 4. Do not exceed a depth to width ratio of 3:1. All lots have also been designed to drain adequately. Tentative Map CT 90-38 has also been designed to be consistent with the concept plan for Planning Area 26, as identified in Master Plan 177. The physical layout of the proposed subdivision is bounded on the west by Kestral Drive, on the north by Alga Road and on the east by the Aviara Golf Course separated by a manufactured slope created during Phase II grading. To the south of the project is Planning Area 26 South. The northem portion of the subdivision has a cul-de-sac serving 18 residential lots. The south and central portion of the subdivision has a public street that has two access points onto Kestral Drive as shown on Exhibit "B". Tn certain locations, this subdivision proposes rear lot lines that are at intermediate locations along the slope. This has been done in olher Aviara Planning Areas where rear yards are adjacent to coastal resource open space and condition? aie placed to ensure the maintenance of these slopes by the Aviara Master Association. A condition has been placed on this project (#59) to this effect on the lots involved. The balanced grading for the project (4,100 cubic yards of cut and fill) substantially complies with the grading approved through the Aviara Phase II Master Tentative Map. Tliis minor amount of grading is necessarv' to create intemal streets and finished residential lots. This project Is in compliance with all policies of the Mello I and East Batiquitos Local Coastal Programs as implemented through Masrer Plan 177. Specifically, all portions of the property which were placed under open spate deed restriction by the Califomia Coastal Commission (Lot 59, 70 and 71) are being presented in open space. The project is located in Local Facilities Management Zone 19 in the southwest quadrant. At the project dwelling unit count (68 units) the proposed project in combination with the approved 99 dv/elling units for PA 26 (S) is below that allowed by the Master Plan for Planning Area 26. All public facilities and services will be available to serve the project. The impact on public facilities created by the proposed project, and compliance with adopted performance standards are summarized below: CT 90-38 AVIARA P DECEMBER 4, 1991 PAGE 4 G AREA 26(N) FACILITY COMPLIANCE WTTH STANDARD City Administration 252 SF YES Library 134.5 SF YES Waste Water 68 EDU YES Parks .504 Acres YES Drainage N/A YES Circulation 680 ADT YES Fire Station #2 & #4 YES Schools N/A YES Sewer Collection System 68 EDU YES Water Distribution System 14,960 GPD YES Open Space N/A YES IV. ENVIRONMENTAI. REVIEW The Planning Director has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on August 1, 1991. The environmental analysis, along with the field checks by staff, identified that because: (1) the project site has already been reviewed with the Aviara Master Plan EIR (83-2(A) and the Mitigated Negative Declaration for the Aviara Phase II Tentative Map (CT 89-37), (2) as designed, the project implements all recommended mitigation measures of these two environmental documents, and (3) the project preserves in open space all previously deed restricted coastal habitat areas, no environmental impacts are anticipated. In addition, a noise study was submitted per the Cit>''s Noise Policy to assess impacts to the lots adjacent to Alga Road. The study (attached) showed there would be no extemal noise impacts but depending on the product type, there may be intemal impacts to be mitigated. A noise study will be conducted with the Site Development Plan to assess any noise impacts to residences. There were no public comments received in response to the Notice for a Negative Declaration. ATTACHMENTS 1. Planning Comniission Resolution No. 3313 2. Planning Commission Resolution No. 3314 3. Location Map 4. Background Data Sheet 5. Disclosure Form 6. Local Facilities Impacts Assessment Form 7. Noise Study 8. Exhibits "A" - "1", dated December 4, 1991 ENM:lh October 18, 1991 Citv of Carlsbad Planning Department NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Planning Area 26 North within Phase II of the Aviara Master Plan. Southside of Alga Road between Phase I and proposed Kestral Drive. PROJECT DESCRIPTION: A tentative map involving the grading and subdivision of a 28.9 acre site for 68 single family homes on 7,500 square foot minimum lots. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the public are invited. Please submit comments in vmting to the Planning Department within 30 days of date of issuance. If you have any questions, please call Eric Munoz in the Planning Department at 438-1161, extension 4441. DATED: AUGUST 1, 1991 MICHAEL J. HOLZMICLER CASE NO: CT 90-38 Planning Director APPLICANT: AVIARA LAND ASSOCIATES PUBLISH DATE: AUGUST 1, 1991 EM:km 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 NOTICE OF COMPLETION Mail to:' State Clearinghouse, 1400 T' treet, Rm. 121, Sacramento, CA 958U - 91 j 1-0613 Project Title: CT 90-38 - Aviara Planning Area 26 - Worth Lead Agency: City of Carlsbad Street Address: 2075 Las Palmas Drive City: Carlsbad See NOTE Beloy: SCH « Contact Person: Eric Munoz Phone: (619) 438-1161. Ext. 4441 Zip: 92009 County: San Diego PROJECT LOCATION: County: San Diego Cross Streets: Alga Road & Kestral Drive City/Nearest Community: Carlsbad Total Acres: 28.9 Assessor's Parcel No. 215-040-23 Within 2 Miles: Section: Twp. Range: State Hwy #: Interstate 5 Waterways: Batiquitos Lagoon/Pacific Ocean Airports: Palomar Railways: AT&SF Base: Schools: Carlsbad DOCUMENT TYPE CEQA: NOP Early Cons X Neg Dec Draft EIR Supplement/Subsequent EIR (Prior SCH No.) _ Other NEPA: NOI EA Draft EIS FONSI OTHER: Joint Document Final Document Other LOCAL ACTION TYPE General Plan Update General Plan Amendment General Plan Element Community Plan Specific Plan Master Plan Planned Unit Development Site Plan Rezone Annexation Prezone Redevelopment Use Permit Coastal Permit X Land Division (Subdivision, Other Parcel Map, Tract Map, etc.) DEVELOPNENT TYPE _X Residential: Office: Commercial: Industrial: Educational Recreational Units _ Sq. Ft. Sq. Ft. Sq. Ft. 68 Acres Acres Acres Acres 28.9 Employees Employees Employees Water Facilities: Transportation: Mining: Power: Waste Treatment: Hazardous Waste: Other: Type Type Mineral Type Type Type MGD Watts PROJECT ISSUES DISCUSSED IN DOCUMEMT _X Aesthetic/Visual Agricultural Land Air Quality Archaeological/Historical _X Coastal Zone Drainage/Absorption Economic/Jobs Fiscal Flood Plain/Flooding Forest Land/Fire Hazard Geologic/Seismic Minerals Noise Population/Housing Balance Public Services/Facilities Recreat i on/Parlcs SchooIs/Un i vers i t i es Septic Systems Sewer Capacity Soil Erosion/Compaction/Grading Sol id Waste Toxic/Hazardous Traffic/Circulation Vegetation Water Quality Water Supply/ Ground Water Wetland/Riparian wildlife Growth Inducing Landuse Cumulative Effect Other Present Land Use/Zoning/General Plan Use Currently vacant land within the Aviara Master Plan. Zoning is Planned Connmunity (PC) and the General Plan designation is Residential Low Medium (RLM) which allows single family residences. Project Description A tentative map involving the grading and subdivision of a 28.9 acre site for 68 single family homes on 7,500 square foot minimum lots. NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Notice of Preparation or previous draft document) please fill it in. Revised October 1989 ENM:vd ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 90-38 DATE: JULY 24. 1991 BACKGROUND 1. CASE NAME: AVIARA PA 26 NORTH 2. APPLICANT: AVIARA LAND ASSOCIATES 3. ADDRESS AND PHONE NUMBER OF APPLICANT: PAUL KLUKAS - CONTACT '^_ 2011 Palomar Airport Road. Suite 206 Carisbad. CA 92009 4. DATE EIA FORM PART I SUBMITTED: DECEMBER 11. 1990 5. PROJECT DESCRIPTION: A tentative map involving the grading and subdivision of a 28.9 acre site for 68 single familv homes on 7.500 square foot minimum lots. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist 8 identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a significant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are shovm in the checklist under the headings 'YES-sig" and 'YES-insig" respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be detennined significant. PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (sig) YES NO (insig) 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, stmcture or object? X X X X X X -2- BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shmbs, grass, microflora and aquatic plants)? 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? X 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? X 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? X HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 17. Alter the present or planned land use of an area? X 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? X -3- t HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES (sig) NO (insig) 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? 21. Produce new light or glare? 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic? 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present pattems of circulation or movement of people and/or goods? 28. Alter waterbome, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. Interfere with emergency response plans or emergency evacuation plans? 31. Obstmct any scenic vista or create an aesthetically offensive public view? 32. Affect the quality or quantity of existing recreational opportunities? X X X -4- MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of Califomia history or prehistory. X 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) X 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) X 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X -5- DISCUSSION OF ENVIRONMENTAL EVALUATION The proposed project involves the finish grading (4,100 cubic yards) of a previously mass-graded site, constmction of residential streets, drainage and other infrastmcture, and tentative subdivision of Planning Area 26(N) of Aviara Phase II. The tentative map includes 68 single family residential lots on minimum 7,500 sq. ft. lot areas. Four open space lots are also proposed over the 28.9 acre site. The area proposed for finish grading has been previously graded per subdivision map CT 89-37. No encroachment into previously designated open space areas are propose(l by the project. It is located in an area anticipated for residential development per the City's General Plan, and the Local Coastal Program for the affected area. For this environmental analysis, staff conducted several field trips to the subject property and reviewed the Pacific Rim Country Club and Resort Master Plan Environmental Impact Report (EIR 83-2(A)) and the Mitigated Negative Declaration for Aviara Phase II Master Tentative Map which already covered this property. In that: (1) the proposed project site has already been reviewed under the Master Plan EIR 83-2(A) and the Mitigated Negative Declaration for Aviara Phase II (CT 89-37), (2) as designed, the project implements all recommended mitigation measures of EIR 83-2(A) and the Phase II Mitigated Negative Declaration, and (3) the project will preserve in open space the previously deed restricted coastal habitat areas, no environmental impacts are anticipated. Physical Environment 1. The project is a previously graded site containing no unstable earth conditions as discussed in the Soils Report for CT 89-37. 2. Relatively minor topographic changes will result from the project. The site acreage is 28.9 acres, 81% of which is developable (23.5 acres). Only 4,100 cubic yards of balanced earthwork are proposed. This equates to approximately 142 cu/yds of soil movement per gross acre. Such minor topographic changes are not considered to be significant. 3. Drainage and erosion control facilities will be incorporated into the project to adequately reduce potential soil erosion impacts. A downstream permanent desiltation basin has been constmcted in Planning Area 28. 4. Potential erosion impacts to Batiquitos Lagoon will be adequately mitigated as discussed in response #3 above. 5. Constmction emission and minor fugitive dust generation impacts associated with project grading are considered short term and insignificant. Dust generation can be adequately controlled through watering operations. Air quality impacts associated with future development of housing upon this area is not considered significant in itself. Long term full mitigation of regional air quality impacts will require that dependence upon the automobile be reduced regionally and statewide. 6. In that no stmctural development is proposed at this time, impacts to air movement are not anticipated. Air quality impacts from dust generation can be adequately controlled through watering operations during project grading. -6- DISCUSSION OF ENVIRONMENTAL EVALUATION cont'd 7. This project will not change the course or flow of water as no streams are located in the immediate area and all drainage waters vvdll be handled by proposed drainage facilities. 8. Development of this project (tentative map grading and road constmction) will create impervious surfaces which would reduce absorption rates and incrementally increase mnoff velocities. However, to accommodate this increased mnoff, drainage facilities will be incorporated into this project and future residential development upon the site, thereby mitigating this concem. 9. No inordinate depletion of any natural resources is anticipated by the subdivision, grading, and constmction of infrastmcture proposed by this project. 10. No significant impact as discussed in #9 above. 11. A thorough archaeological testing of the area was conducted in 1987 as part of EIR 83-2(A). No prehistoricaUy or historically significant sites were discovered within the project area. An archaeologist and a paleontological expert will be present during the Phase II mass grading to monitor operations in an effort to preserve any uncovered objects. 12. Surface disturbance and grading for the project will not encroach into any native habitat area and will not affect the onsite coastal deed restricted biological areas. 13. No impacts to the above mentioned coastal deed restricted areas are anticipated in that project landscaping proposed adjacent to this habitat shall be required to be compatible and non-invasive. 14. As stipulated in the Master Plan, the conversion of agricultural lands shall be permitted upon payment of agricultural conversion fees. In accordance, the project applicant has already paid to the State Coastal Conservancy agricultural mitigation fees required for the development of the project site. 15. As discussed in #12 above, the previously deed restricted coastal sage habitat will be maintained in open space. Accordingly, no significant impacts to habitat or species are anticipated. 16. No new animal species or migration barrier will occur as a result of the project, as further discussed in #12 above. Human Environment 17. Development of this project will be consistent with the General Plan, Master Plan 177 and the Mello I LCP. The land uses proposed will be intemally compatible as well as being compatible with adjacent uses. 18. As discussed in the Zone 19 Local Facilities Management Plan, with the payment of all fees and the implementation of all improvement conditions (i.e. upgrading of the Batiquitos sewer pump station, constmction of Alga Road and Batiquitos Drive), all public facilities and services will be available to meet the demands of the future development of 68 single family residences proposed on the project site. No adverse impacts should result. DISCUSSION OF ENVIRONMENTAL EVALUATION cont'd 19. Although this Tentative Map does not propose any actual residential development, any subsequent dwelling unit constmction onsite shall not be permitted vmtil the Batiquitos Sewer Pump Station is upgraded. 20. Constmction of the project (grading and road development) may result in minor short term insignificant constmction noise impacts upon surrounding existing and proposed residences. Otherwise, the futvire residential uses on the subject property will be acoustically compatible with surrounding existing and future residential uses. A noise study was completed to assess the potential noise impacts from Alga Road. The report concluded that exterior noise mitigation may only be required if second story balconies face Alga Road. It also specified which lots of the proposed subdivision would require mechanical ventilation if second story stmctures were built. A detailed noise study will be completed during the required discretionary review of any proposed development. 21. Future lighting utilized onsite will be directed so as to not impact adjacent future views. 22. Because this is a residential project, it will not involve a significant risk of an explosion or the release of hazardous substances. 23. The proposed density of the project results in 2.35 du/ac. This is in compliance with the Master Plan's anticipated 2.35 du/ac. 24. The project will provide additional housing units to meet existing demand. 25. A total of 680 average daily vehicle trips will be generated by the project which will not significantly impact the circulation system as discussed in EIR 83-2(A) and LFMP 19. 26. The demand for parking facilities created by this project v^dll be satisfied onsite. Two garage spaces will be provided for each unit and adequate on street guest parking will be provided throughout the project. 27. The additional 680 ADT generated by the project will be accommodated by the existing and planned circulation network. This minor increase in traffic is not considered significant. 28. The project site is outside of the Airport Influence Area for Palomar Airport. 29. The project, as designed, will not cause conflicts at its intersections with Alga Road. 30. The project will not interfere with emergency response plans. 31. Manufactured slopes created through the already approved Phase II mass grading (which includes this site) will be fully landscaped consistent with approved plans. Otherwise, the finish grading (4,100 cubic yards) of the subject property would not result in a visual impact. 32. The project will have no effect on existing recreational opportunities. -8- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) altemate site designs, c) altemate scale of development, d) altemate uses for the site, e) development at some future time rather than now, f) altemate sites for the proposed, and g) no project altemative. a) The project scale, 68 residential lots, is not of a size where phased development would be beneficial. b) The project has been designed consistent with the Aviara Master Plan and all City ordinances. All open space areas are avoided. c) The project is designed at slightly less scale (density) than allowed by the Master Plan for the area. d) The project is in conformance with the City's General Plan and the Master Plan. Altemate uses would require amendment of these documents. e) The proposed project involves subdivision and grading of the site only. Development of the site will occur only if facilities are guaranteed. f) The proposed project is the environmentally preferred project for the site. g) The "no project" altemative is not in conformance with the General Plan/Master Plan designation for the site, therefore, it is not environmentally preferable. % % DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: JC I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjunction with previously certified environmental documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date Signature 1 date ' Planning Director ENM:km LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -10- APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature ENM:km -11- OCEANSIDE VISTA Ik PA 26 NORTH NORTH No SctI* VICINITY MAP ARPORT Jlllll' -^SITE RD •llllllllia 4^ .IV BATIQUITOS LAGOON < Ui / Cit) of Cirlstil AVIARA PLANNING AREA 26(N) CT 90-38 BACKGROUND DATA SHEET CASE NO.: CT 90-38 CASE NAME: AVIARA PA 26(N) APPLICANT: AVIARA LAND ASSOCIATES REQUEST AND LOCATION: Tentative Tract Map to create 68 minimum 7500 SF Single Family Residential Lots and 3 Open Space Lots on a 28.9 acre site located at the SW comer of the intersection of Alga Road and Kestral Drive. LEGAL DESCRIPTION: Portion of Section 27. Township 12 South, Ranee 4 West. San Bemardino Meridian. Citv of Carlsbad. Countv of San Diego. APN: 215-040-23 (Assessor's Parcel Number) Acres 2.35 Proposed No. of Lots/Units 71/68 GENERAL PLAN AND ZONING Land Use Designation RLM Density Allowed 2.35 Density Proposed 2.10 Existing Zone .PC Proposed Zone _PC Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site ^PC VACANT/GRADED North PC ALGA ROAD South _PC VACANT/GRADED (PA-26S) East _PC AVIARA GOLF COURSE West _PC VACANT/GRADED fPA-25) PUBLIC FACILITIES School District CARLSBAD Water District CARLSBAD Sewer District CARLSBAD Equivalent Dwelling Units (Sewer Capacity) 68 Public Facilities Fee Agreement, dated DECEMBER 11. 1990 ENVIRONMENTAL IMPACT ASSESSMENT X, Negative Declaration, issued August 1. 1991 Certified Environmental Impact Report, dated Other, ENM:lh PA 26 North Citv of Carlsbad Planninci Department DISCLOSURE STATEMENT APPUCA^^"S STATEMENT OF OISC1.0SURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART QF THE CnY COUNCIU OR ANY APPOINTED BOARD. COMMISSION Ofl COMMfTTEE. (Please Print) The following information must be disclosed: 1. Appllcarrt Ust the names and addresses of all persons having a financial interest in tbe application. Aviara Land Associates Limited Partnership ZOll Palomar AirporFUd., #206 Carlsbad, CA 92009 Owner List tbe names and addresses of all persons having any ownership interest in the property involved. Aviara T.arifl Pompany CoTpnTatinn a Delaware 4$Q Newport Ggntgr Drive, Suite 304 Newport Beach. CA 92660 Rftpiihlir DRYftlnprnpnt Cn., a Catifornia rnrpnratinn 190 N. Riygrview Priv? Suite 150 Anaheim-, CA 92808 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of ail individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Henry Hillman Address: 450 Newport Center Drive Suite Newport Beach, CA 92660-7640 If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as tnjstee or beneficiary of the trust. ILU Disclosure Statement (Over) Page 2 Have you had more than S250 worth of business transacted with any member of City staff, Boards Commissions, Committees and Council within the past twelve months? Yes No J[_ If yes, please indicate personfs) Ptiton ia dafinad u: 'Any individuai, firm, eopartnarthip, joint vantu/a, aaaeciation, aociaJ eiub, fratamaJ organization, corporation, astata, trust, racaivar, syndicata, thia and any othar county, city and county, city municipality, diatrict or othar political tubdiviaton, or any othar group or combination acting aa a unit' (NOTE: Ajt^tqh additionai pages as necessary.) nir/date" 11/50/90 Signature Aviara Land Associates Limited Partnership Print or type name of owner By: D. L. Clemens Vice President 11/50/90 ignatu^iftjrf^a(^llcant/date Aviara Land"Associates Limited Partnership Print or type name of applicant By: D. L. Clemens Vice President FRM00013 8/90 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FAQLITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO.: AVIARA PA 26fN) - CT 90-38 LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RLM ZONING: PC DEVELOPER'S NAME: AVIARA LAND ASSOCIATES ADDRESS: 2011 PALOMAR AIRPORT RD.. CARLSBAD. CA 92009 PHONE NO.: (619) 931-1190 ASSESSOR'S PARCEL NO.: 215-040-23 QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 28.9 AC/68 DU'S ESTIMATED COMPLETION DATE: ' A. City Administrative Facilities: Demand in Square Footage = 252 B. Library: Demand in Square Footage = 134.5 C. Wastewater Treatment Capacity (Calculate with J. Sewer) N/A D. Park: Demand in Acreage = .504 E. Drainage: Demand in CFS = N/A Identify Drainage Basin = N/A (Identify master plan facilities on site plan) F. Circulation: Demand in ADTs = 680 (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 2 & 4 H. Open Space: Acreage Provided - N/A I. Schools: N/A (Demands to be determined by staff) J. Sewer: Demand in EDUs - 68 Identify Sub Basin - N/A (Identify tmnk line(s) impacted on site plan) K. Water: Demand in GPD - 14.960 L. The project is _8_ units below the Growth Management Dwelling unit allowance. ENM:lh PRELIMINARY EXTERIOR NOISE ANALYSIS FOR PLANNING AREA 26 NORTH CITY OF CARLSBAD Report #91-37 February 22, 1991 Prepared For: Hillman Properties West, Inc. 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 Prepared By: \^cent Mestre, P.E. Mike Holritz MESTRE GREVE ASSOCIATES 280 Newport Center Drive Suite 230 Newport Beach, CA 92660-7528 (714)760-0891 Mestre Greve Associates Report #91-37 Page 1 SUMMARY MINIMUM REQUIREMENTS TO MEET CITY OF CARLSBAD STANDARDS Report #91-37 February 22, 1991 EXTERIOR NOISE LEVELS The project must comply widi the City's 60 CNEL exterior noise standard. Without mitigation, first floor exterior observers would experience a worst case traffic noise level of 59.6 CNEL at Lot 3. All first floor outdoor living areas in the project will meet the 60 CNEL exterior noise standard without exterior mitigation. The data used in the noise analysis are shown in the Appendix. If second storv balconies are planned facing Alga Road, balconv barriers will be needed for some homes. The required balcony barrier locations and heights can be addressed in a fumre study when precise grading plans and architectural drawings become available. INTERIOR NOISE LEVELS Residential buildings achieve outdoor to ind<x>r noise reductions of at least 20 dB assuming windows are closed. Assuming buildings are located at least 20 feet behind lot edges, all first and second floor exterior building surfaces in the project will be exposed to noise levels less than 65 CNEL, and will dierefore require less than 20 dB noise reduction to meet the 45 CNEL interior noise standard. Therefore, all buildings in the project will meet the 45 CNEL interior noise standard without building upgrades. MECHANICAL VENTILATION REQUIREMENTS Since the noise attenuation of a building falls to about 15 dB with windows open, any buildings exposed to noise levels greater than 60 CNEL will meet the 45 CNEL interior noise standard only with windows closed, dierefore requiring mechanical ventilation. Since all first floor exterior building surfaces in the project will be exposed to noise levels less than 60 CNEL, single story homes in the project will not recjuire mechanical ventilation. If two-storv homes are planned along Alga Road, mechanical venrilation will be required for any two-storv homes on those lots listed in Tabic S2. Table S2 PRELIMINARY MECHANICAL VENTILATION REQUIREMENTS LOT NUMBER 2 through 4 7 through 9 Mestre Greve Associates Report #91-37 Page 2 PRELIMINARY EXTERIOR NOISE ANALYSIS FOR AVIARA PLANNING AREA 26 NORTH CITY OF CARLSBAD 1.0 INTRODUCTION The purpose of this report is to show compliance of Planning Area 26 North with the noise related 'Conditions of Approval' placed on the project by the City of Carlsbad. The project calls for the development of single family homes. This report incorporates the 60 CNEL exterior noise standard adopted by the City of Carlsbad. The project is located in the City of Carlsbad, east of Interstate 5, as shown in Exhibit 1. The project site will be impacted by traffic noise from Alga Road. Due to substantial shielding from surrounding topography, the project site will not be impacted by traffic noise firom Interstate 5. The project is not impacted by railroad or aircraft noise. This study detennines the need for any mitigation measures to meet the 60 CNEL exterior noise standard, and addresses the 45 CNEL interior noise standard required by the City of Carlsbad. 2.0 NOISE CRITERIA The predominant rating scale now used in Califomia for land-use compatibility assessment is the Community Noise Equivalent Level (CNEL). CNEL is a 24-hour time weighted annual average noise level based on the A-weighted decibel. A-weighting is a frequency correction that correlates overall sound pressure levels with the firequency response of the human ear. Time weighting refers to the fact that noise that occurs during certain sensitive time pericxls is penalized for occurring at these times. The evening time period (7 PM to 10 PM) penalizes noises by 5 dB, while nighttime (10 PM to 7 AM) noises are penalized by 10 dB. These time periods and penalties were selected to reflect peoples sensitivity to noise as a function of activity. The City of Carlsbad requires that outdoor living areas not exceed a noise level of 60 CNEL for a six-foot-tidl observer located five feet within the property line. In addition, interior noise levels may not exceed 45 CNEL. The site plan for die project (Exhibit 2) was prepared by P & D Technologies ('Tentative Map for Aviara Planning Area 26 North, Phase II; December 6,1990"). 3.0 METHODOLOGY The noise levels projected in the next section of this report were computed using the Highway Noise Model published by the Federal Highway Administration ("FHWA Highway Traffic Noise Prediction Model", FHWA-RD-77-108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the "equivalent noise level". A computer code has been written which computes equivalent noise levels for each of the time periods used in CNEL. Weighting these noise levels and summing them results in the CNEL for the traffic projections used. CNEL contours are found by iterating over many distances until the distance to 60,65, and 70 CNEL contours are reached. OCEANSIDE VISTA PA 26 NORTH MESTRE GREVE ASSOCIATES Exhibit 1 - Vidnity Map I MESTRE GREVE ASSOCIATES Exhibit 2 - Site Plan Mestre Greve Associates Report #91-37 Page 3 4.0 ROADWAY NOISE The future traffic volume for Alga Road was obtained from our contour analysis prepared for the Carlsbad Noise Element, (Mestre Greve Associates, April 26, 1990). The future average daily traffic volume for Alga Road between Poinsettia Lane and Batiquitos Drive is 25,400. A vehicle speed of 40 miles per hour was utilized. Traffic mixes for each of the time periods used in the CNEL calculation are presented in Table 1. These traffic distribution estimates are based upon traffic surveys, and are considered typical for arterials in Southem California. Table 1 TRAFFIC DISTRIBUTION PER TIME OF DAY IN PERCENT OF ADT VEHICLE TYPE DAY EVENING NIGHT Automobile 75.51 12.57 9.34 Medium Truck 1.56 0.09 0.19 Heavy Truck 0.64 0.02 0.08 Using the assumptions presented above, the future noise levels were computed. The results are reported here in Table 2 in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the centerline of the roadway to the contour value shown. Note that the vsdues given in Table 2 do not take into account the effects of intervening topography that may affect the roadway noise exposure. Topographic effects are included in subsequent analyses to determine the actual noise exposure on the project site. In addition, these projections do not include any future vehicle noise reduction assumptions to take into account the effects of legislation requiring quieter vehicles in the future. Table 2 DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS ROADWAY SEGMENT DISTANCE TO CNEL CONTOUR (FT) -70- -65- -60- AlgaRoad 45 97 209 Due to shielding by the roadway edge, first floor exterior observers along Alga Road will experience a maximum traffic noise level of 59.6 CNEL at Lot 3. This shielding effect is shown pictorially in Exhibit 3. If second story balconies are planned facing Alga Road, these exterior living areas will not be shielded by the roadway edge, and would experience a worst case oaffic noise level of 64.4 CNEL at Lot 3. 205.0 220.5 1 inch horizontal = 25 feet 1 inch vertical = 12.5 feet MESTRE GREVE ASSOCIATES Exhibit 3 - Graphic Representation of Roadway Shielding at Lot 3 Mestre Greve Associates Report #91-37 Page 4 5.0 EXTERIOR NOISE MITIGATION Since the first floor exterior living areas along Alga Road will be exposed to noise levels of less than 60 CNEL, all first floor exterior living areas in the project will meet the exterior noise standard without noise barriers. If second storv balconies are planned facing Alga Road, balconv barriers will be needed for some homes. The required balconv barrier locations and heights can be addressed in a fumre smdv when precise grading plans and architecmral drawings become available. 6.0 INTERIOR NOISE MFTIGATION The project must comply with the City of Carlsbad indoor noise standard. With standard construction practices in Califomia, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB assuming windows are closed. All first and second floor exterior building surfaces in the project will bc exposed to noise levels less than 65 CNEL, and will therefore require less than 20 dB noise reduction to meet the 45 CNEL interior noise standard. Therefore, all buildings in the project will meet the 45 CNEL interior noise standard without building upgrades. 7.0 MECHANICAL VENTILATION REQUIREMENTS Since the noise attenuation of a building falls to about 15 dB widi windows open, any buildings exposed to noise levels greater than 60 CNEL will meet die 45 CNEL interior noise standard only with windows closed, therefore requiring mechanical ventilation. Since all first floor exterior building surfaces in die project will be exposed to noise levels less than 60 CNEL, any single story homes in die project will not require mechanical ventilation. If two-storv homes are planned for the project, mechanical ventilation will be required for the two-story homes on those Lots listed below in Table 4 and shown in Exhibit 4. Table 4 MECHANICAL VENTILATION REQUIREMENTS FOR PLANNING AREA 26 NORTH LOT NUMBER 2 through 4 7 dirough 9 TWO-STORY HOMES REQUIRING MECHANICAL VENTILATION MESTRE GREVE ASSOCIATES Exhibit 4 - Mechanical Ventilation Requirements (Two-Story Buildings Only) Mestre Greve Associates Report #91-37 Page 5 APPENDIX DATA USED IN NOISE ANALYSIS ALONG ALGA ROAD Road Dist. To Dist. To Dist To Pad Observer Lot Eievation Top-of-Slope To{>-of-Slope Observer Elevation Height 2 219.8 51 219.8 160 205.5 6 3 220.5 51 220.5 100 205 6 4 222.1 51 222.1 100 204 6 7 222.9 51 222.9 120 195 6 8 223.7 51 223.7 120 196.5 6 9 227 51 227' 120 196.5 6 10 227 51 227 195 196.5 6