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Home My WebLink AboutCT 97-14; Mariano; Tentative Map (CT)JJL CITY OF CARLSBAD A ^F LAND USE REVIEW APPLICATION ^P FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BO [ | Master Plan Q] Specific Plan | [ Precise Development Plan •TTJ Tentative Tract Map _ ._ „ . a0 f^¥ O Planned Development Permit x^-,Cy ^ (5^ [~| Non-Residential Planned Development | | Condominium Permit [ | Special Use Permit [~] Redevelopment Permit 1 1 Tentative Parcel Map Obtain from Eng. Dept | [ Administrative Variance [~| Administrative Permit - 2nd Dwelling Unit XES) (FOR DEPT (FOR DEPT USE ONLY) USE ONLY) ^ 7^^<*^" to J&-0-V | | General Plan Amendment [~| Local Coastal Plan Amendment [Xl Site Development Plan ,5. <-? ^ff/L *— ~* v/ // *^^ Q Zone Change | | Conditional Use Permit ly"! Hillside Development Permit [y"| Environmental Impact Assessment [ [ Variance | [ Planned Industrial Permit | [ Coastal Development Permit | [ Planning Commission Determination | | List any other applications not specified SCf>-«r <W &f&iS 2) ASSESSOR PARCEL NO(S).212-040-41 3) PROJECT NAME:Mariano 4) BRIEF DESCRIPTION OF PROJECT: A 182 unit residential development on 53.1 acres consisting of 156 single family units and 26 apartment units. 5) OWNER NAME (PRINT OR TYPE) PacWest LTD. MAILING ADDRESS 550 West C Street, CITY AND STATE ZIP San Diego, CA 92101 Suite 1750 TELEPHONE (619) 544-910( I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE >/ A ,/A. DATE L- 6) APPLICANT NAME (PRINT OR TYPE PacWest MAILING ADDRESS 550 West C Street, CITY AND STATE ZIP San Dieao, CA 92101 Group, Inc. Suite 1750 TELEPHONE (619) 544-9100 I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE / A ,/>ATE ^t^S^-M^ s/ilte / ' ' ^ ' ^ 7) BRIEF LEGAL DESCRIPTION: NO. 4, 76.89 acres" per R.O.S. 5715, filed Dec. 19, 1960, County of San Diego. NOTE: A PROPOSED PROJECT nB<HMB4& THA* 'W88M& jlilfO&lt^ WM2B& MUST BE SUBMITTED PRIOR TO 3:30 P.M.A moi«osB» wwwicr wgmxw TMAT ofrtwrosB Apspy&motf m mm MVKF w, su»wrrrE» mm to *w w& 8) LOCATION OF PROJECT : ___ ON THE BETWEEN CITY OF CARLSBAD LAND USE REVffiW APPLICATION PAGE 2 OF 2 N/A STREET ADDRESS South (NORTH, SOUTH EAST, WEST) Paseo Del Norte (NAME OF STREET) SIDE OF Palomar Airport Rd (NAME OF STREET) AND Laurel Tree Rd. (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION (RES/ COMM/ INDUS) 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE 17) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 11768 20) EXISTING GENERAL &_3_._7.. I PLAN 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMMERCIAL SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 21) PROPOSED GENERAL PLAN DESIGNATION 22) EXISTING ZONING 23) PROPOSED ZONING 24) „ IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS. DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT^S THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE *************************** FOR CITY USE ONLY FEE COMPUTATION:ECE1VED APPLICATION TYPE cr SDP Ytpp TOTAL FEE REQUIRED DATE FEE PAID FEE REQUIRED 5. 22.0 Soo DATE MAY 0 6 1936 t*1 A EvTxPiii^e.*^ JFJjf^gfjj" RECEIVED RECEIVED BY: RECEIPT NO. 3OOS~"7 FRM0016 3/96 •ofCarlsbad DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE Of CERTAIN OWNERSHIP INTERESTS ON -4U. APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED 3OARO. COMMISSION OR COMMITTEE ,'P/ease Print) The following information must be disclosed: 1. Applicant Ust the names and addresses of @l! persons having a financial interest in the application. PacWest Group, Inc. __ 550 West "C" Street, Suite 1750 San Diego. CA 92101 • 2 Owner Ust the names and addresses of all persons having any ownership interest in the property involved. PacWest. Ltd. __ __ 550 West "C" Street, Suite"T75(T San Diego, CA 92101 ^ 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Gruss Property Capital Partners 900 Third Avenue, New York 10022 MRP Partners " 1221 Avenue of the Americas, NY 10020 Desert Equities = '" 3400 Central Avenue. Riverside 92506 RTC Partners "" ' ' "^ 27720 Jefferson Avenue, Temecula 92590 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 FRM00013 8/90 2075 Las Palmaa Driv« • Carlsbad. California 92OO9-4659 • (619) 438-1161 Disclosure Statement (Over) Page 2 5. Have you had more than $250.00 worth of business transacted with any member of City staff. Boards, Commissions, Committees and Council within the past twelve months? Yes No i/ If yes, please indicate person(s) Person is defined as "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) /vT^Signature of Owner/dat LTb . Print or type name of owner Signature of applicant/date Print or type name of applicant DISCLOS.FRM 2/96 PAGE 1 of 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Mariano APPLICANT NAME: PACWEST GROUP,INC. Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. The Mariano project located south of Palomar Airport road is entirely within L.F.M.P. Zone 20. The site eventually will be bisected by future College Boulevard (Alga road). The topography of the site is flat to moderately sloped with a S.D.G.&E. easement running north to south. It was once used for agricultural purposes and is devoid of native vegetation except for two small areas that are in an open space easement required by a previous action of the California Coastal Commission. It is bordered on the East by the approved tentative Map C.T. 84-32A Cobblestone Sea Village, on the North by the approved Laurel Tree affordable housing project along with the existing Sudan Interior Mission retirement community, and on the South by approved tentative Map C.T.92-02 Sambi Hills. The proposed project calls for the construction of 156 single family homes along with 26 apartment units. The apartment units are being provided to meet the city's requirement for affordable housing. These 26 apartment units are to be rented to persons and families earning less than 80% of the area median income. These units will be rented at rental rates not exceeding 30% of 80% of the median income. The project will also be responsible for construction of a portion of future College Boulevard (Alga road), a portion of Cobblestone Road along with local streets required for internal circulation. Rev. 4/91 ProjDoc.frm STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. 'Signature " / Date Name (Print) Relationship to Application (Property Owner-Agent) FRM0037 2/96 4 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will staKTupon th^dajtfi^fyt^e^completion letter. Applicant Signature: /^^2±2 Staff Signature: _ Date: >^~N^ & . / To be stapled with receipt to application Copy for file CITY OF CARLSBAD ULAGE DRIVE CARLSBAD, 434-2867 , CTiLIFORNIA 92008 REC'D FROM DATE ACCOUNT NO. ^ \ ,-'" / ,'": RECEIPT NO. 3')057 DESCRIPTION /£ •-/" <-;?/ pf / IjQ &V£f V,. ' r GC? ' " "* I' >-'•«' rV/ /j Q£ - C i-i ^ ^ /}^ <?&-• f"(* / xV^;/.- ^^ ^,r* x/'. £^/i _ r / / ' "i -^ "1^"''~ / P^^ / . X //^ / I ' "f-Jr/l -JL ^J~ r^.-^t ff^ ft-Q ,!( .&.£'fJif _JA> i c^* *-' /T>HA £w,f Jj*i» ' y NOT VALID UNLESS VALIDATED BY TOTAL ™AMOUW- /6 .-/>* ^., // da* ^ r" "v/^l$"v^ ''>"--c. ' </ff^ ^0 c^5.,r »r. ^••^o ,*..* JD .'.:'-<) ^V: !.* '•' '-••-•• ,1 ,. I Printed on recycled paper.CASH REGISTER Account No. Amount of Refund Date Fee Paid: i Facts Supporting Request: CITY OF CARLSBAD REQUEST FOR REFUND /endor No. Fee Paid For: Fee Paid By: Name of Applicant: Address: ": ;-' •>\c ',,• '. i- :-K Street Signature of Applicant; =_ City State Zip Telephone Date Dept. Justification: Roc- D Approve Finance Investigation: Roc1 D Approve City Manager's Action: D Approve D D D Disapprove Disapprove Disapprove / Date Dept. Head Signature ' Date ; 1 ' '; ; City Manager Signature Date LOCATION Mariano Project Location shown on U.S.G.S. 7.5' TOPOGRAPHIC MAP Encinas Quadrangle PEE PRELIMINARY REVIEW APPLICATION PROJECT NAME: Mariano Substantial Conformance OWNER (Print or type) / , Appl leant" , , . * Mariano, Homes, LLC c/o \Standard Home Address 9335 Chesapeake Drive City/State & Zip" San Diego/CA 92123 Telephone. 619-29^2200 ^ APPLICANT,(Prinf or type) owner/Appl icant RepresentativeHft'n-h'hni-n K Signature Rep; Address 5375 Avenida Encinas #D CityV State & Zip ' Carlsbad, CA 92008 Telephone 760-438^4090- Signature Rep; ^Owner's signaturehraicates permission to conduct a preliminary reviq^jyfor a development proposal. PROJECT ASSESSOR'S PARCEL NUMBERrSt (APN): 212-040-41 DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): Minor modifications to approved architectural elevations, footprints and unit plotting. (Approval permits CT97-14, SDP97-16, PUD97-11, CDP97-34 and TM & SDP substantial conformance exhibits). WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? YES H NO Q PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. Anne Hysong, Dee Landers FOR CITY USE ONLY . PREPROJECT NUMBER: FEE REQUIRED/DATE FEE PAID: ^ H RECEIPT NO.: RECEIVED BY: V/lu.1 Routing: Planning Engineering Fire Water Other FRM0025 11/98 PAGE 3 of 3 PLAN 2 /—Garage / Limits —Optional Post (only wheresetbacks allow) PLAN 3R Garage—^Limits \ D c PLAN 4 -GarageLimits 0 20'40'60' GRAPHIC SCALE MARIANO ARCHITECTURE COMPARISON (approved product shown in green) •00 01:42PM FROM-STANDARD PACIFIC S,D, City of Carlsbad 2075 LM Palmas Drive Carlsbad, CA 9200? (760)438-1161 858-292-2260 T-833 P.02/06 F-121 PLANNING RECDBY DATE JCjJ2£ SIGN FEE SIGN PROGRAM FEE RECEIPT NO, _ REVIEW FOR SIGN PERMIT Planning Department All plans submitted for sign permits/sign programs shall consist of a minimum-of a site plan and elevation* containing Uic following InftraiittorH .•'••'"• North wow and tcale, ' Location of exietlug buildings or stnjcmres, parking areas, and vehicular accws points to the property, . , ,'• ', ,- . Location of all existing and proposed signs far'the property. •<•,'. Dl«w)cs to the property lln«(s) for nil proposed freestanding sign(s). " • Provide on elevation for all proposed eign(s) which apecifioj fe« following: . i A. Dimensions and area for all existing and proposed stgo(s), , ' B. Materials the 9ign(s) will be constructed of, : C. Proposed sign copy, "• MUST SUBMIT THREE (3) SETS OP SIGN/SITE PLANS, A APPLICATION FORM, AND THE APPLICATION FEE. The application most bo submitted prior to 4:00 p,m, Average processing Time: 2 wecta NAME OF PROJECT: t. Z. 4. 5, ADDRESS OP PROJECTi. ASSESSOR PARCEL NUMBEfc: _«^___^__ RELATED PLANNING CASE NXIM0ER(S); J3r*^V S10NTYPE. (alCommercial <;jp Community (denrlty (b) Industrial (e) Freeway (h) Service Stn. Prices (c) RetidentJB) (0 Campaign SIGN PROGRAM AND/OR SmaPIC PLAN CRITERIA YfiQ No VILLAGE REDEVELOPMENT AREA YosQ No SIGN ORDINANCE; COASTAL-ZONE: Form »0 W97 No Q No Specifle flan Number Require«VRAppraV^ Coastal PermU Ye« Pag* I of2 JWHT-00 01:«PII FROM-STANDARD PACIFIC S,D, •/. JHGISTJNO SIGNS; TO* (a) PoU (b) Monument (c) Wall 858-292-2260 T-833 P.03/06 F-121 • • • « : '": Number Site Qn Square Feet) PERMITS ISSUED FOR EXISTING SIGNS; Yw £) No (^ TOTAL BUILDING STREET FRONTAGE _ TOTAL SIQNAGE ALLOWANCE , _ EXISTING SJUNAGE (SQ.FT.) __ REMAINING StGN ALLOWANCE AT PRESENT . _ PROPOSED SIGNAGE (SQ.FT.) _ REMAmiNG SIGN ALLOWANCB AFTER PROPOSED 8ION ^ Date ; ft.' .sq.fti . sq. ft. OWNER APIOJCANT NAME (PRINT OR TYTO)NAME (PWNT OR TYP?) MAILING ADDRESS MAILING APDRE5S CITYANPSTATB OT TELEPHONE crTYANDSTATE ZIP : TBLBPHONE 1 CEHTfW THAT 1 AM TI1E LBQAL OWNER AND THAT AU> THE ABOVE 1NPORMATJON IS TRIM AMD CORRECT TO THE BEST Op MY KNOWUOQ8 1 CtATlFV TIIAT t AM Ifffi Rfi^BSmrATtVB Of THB UOAl, OWNHH, Aril> THAT ALl TM» A9OVQ ItyFORMA' TION rs TfcUB AND CORRECT TO THE WftST OF MY' SI6NATURB DATE SIGNA DATB PLANNER CftECK LIST: 1, Field check by planner. 1. Within maximum length, arcn. 3. Style consistent ^HhjJlgn Program ond/or Specific Plan ortierla,tf applicable. 4. ' Location: <> In right-of-way <• In visibility triangle «t corner •* On roof 5. Pole and monument signs to be checked by Bob Johnson, Traffic Engineer, for visibility iwiuw. 6. When approved rcyitc copy to Oatn E/iij APPROVED: » t i » » 10 QW7 APR-17-00 01:43PM FROM-STANDARD PACIFIC S,D,858-292-2260 T-833 P.04/06 F-121 RECEIVED October 25.1999 From: Paul O.odwln, Planning Re: 96 sq/ft Sign for CT 97-14 Please find attached a rough site plan for a sales sign on Aviara Drive, The applicant will place the sign as far back from the curb as we want, so I wanted to check with Traffic to see where It should go. If you need any more information, give me a call at extension 4329. Thanks! Paul lo/cu./")*) £uvfe> •¥*^ VICINITY MAP PER MPHOVEUENT PLANS •xt V r» -n o QUMU1TY rs>IIN*roo> tn\ en C T' i^ MARIANO M rO «t & I 1 f i su 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RECORDING REQUESTED BY AND STATE OF CALIFORNIA CALIFORNIA COASTAL COMMISSIONSAN DIEGO AREA OFFICE 333 CAMINO DEL RIO SOUTH, SUITE 125 SAN DIEGO, CA 92108-3520 count PAMH »T*T« Of CAUrOftN•TO. 113 mtv. •• is certified to be a true and exact copy of that certain instrument, nn>=P ~~6f "*" O f at pita office of the County Recorder of San Diego Courty. FIRST fiMSRICANJffl?INSURANCE DEED RESTRI Sy«ithofiz< CTION signature I.WHEREAS, hereinafter referred to as Owner(s). is the record owner of the following real property: See Exhibit "A" hereinafter referred to as the subject property; and II. WHEREAS, the California Coastal Commission is acting on behalf of the People of the State of California; and III. WHEREAS, the subject property is located within the coastal zone as defined in Section 30103 of the California Public Resources Code (hereinafter referred to as the California Coastal Act); and IV. WHEREAS, pursuant to the California Coastal Act of 1976, the Owner applied to the California Coastal Commission for a coastal development permit for the development on the subject property described above; and V. WHEREAS, coastal development permit No. 6-88-531 was granted on December 14, 1988 by the California Coastal Commission in accordance with the provision of the Staff Recommendation and Findings, attached hereto as Exhibit "B" and herein incorporated by reference; and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- VI. WHEREAS, coastal development permit No. 6-88-531 was subject to the terms and conditions including but not limited to the following conditions: 1. Open Space Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall pro- hibit any alteration of landforms, removal of vegetation or the erection of structures of any type in the steep slope areas of the site covered with native vegetation shown on the attached Exhibit #3, without the written approval of the California Coastal Commission or its successor in interest. The recording document shall include legal descriptions of both the applicant's entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the reveiw and written approval of the Executive Director. VII. WHEREAS, the Commission found that but for the imposition of the above conditions the proposed development could not be found consistent with the provisions of the California Coastal Act of 1976 and that a permit could therefore not have been granted; and VIII. WHEREAS, it is intended that this Deed Restriction is irrevocable and shall constitute enforceable restrictions; and IX. WHEREAS, Owner has elected to comply with the conditions imposed by Permit No.6-88-531 so as to enable Owner to 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- undertake the development authorized by the permit. NOW, THEREFORE, in consideration of the granting of Permit No. 6-88-531 to the Owner by the California Coastal Commission, the Owner hereby irrevocably covenants with the California Coastal Commission that there be and hereby is created the following restrictions on the use and enjoyment of said subject property, to [be attached to and become a part of the deed to the property. The undersigned Owner, for himself/herself and for his/her heirs, 'assigns, and successors in interest, covenants and agree that: The Owner shall prohibit any alterations of landforms, Ii removal of vegetation or the erection of structures of any type in the steep slope areas of the site covered with native vegetation shown on the attached Exhibit C_ and further described in the attached Exhibit D_, without the written approval of the California Coastal Commission or its successor in interest. If any provision of these restrictions is held to be invalid or for any reason becomes unenforceable, no other provisior shall be thereby affected or impaired. Said deed restriction shall remain in full force and effect during the period that said permit, or any modification or amendment thereof, remains effective, and during the period that the development authorized by said permit or any modification of said development, remains in existence in or upon any part of, and thereby confers benefit upon, the subject property described herein, and to that extent, said deed restriction is hereby deemed and agreed by Owner to be a covenant running with the land, and shall bind Owner and all his/her assigns or successors in interest 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- Owner agrees to record this Deed Restriction in the Recorder's office for the County of San Diego as soon as possible after the date of execution. DATED: February 8 , 19 89 CARLSBAD HEIGHTS ASSOCIATES, A California General Partnership By Corp., [INT * TYPE NAME OF ABOVE Howard I. Katkov, Vice Pres. SIGNED: PRINT OR TYPE NAME OF ABOVE (NOTARY ACKNOWLEDGEMENT ON NEXT PAGE) sIt STATE OF CALIFORNIA r.n..MTvnP San Diego a On this the 8th a. 3.m ss. I SAFECO'TITLE INSURANCE said Slate, personally appeared James P. Brennan . day nt February m 89, before me, the undersigned, a Notary Public In and for personally Known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within Instrument as the _ President, and _ personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within Instrument as the Secretary ot Brennan-Katkov Dev. Corp. BH, corporation that executed the within Instrument on behalf of _ Carlsbad Heights Associates _ the part- nership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Clarissa A. Miranda &JLOA Signature FOR NOTARY SEAL OR STAMP x6 S x. 3 B-3 "5. n.Sw STATE OF CALIFORNIA COUNTY OF San Diego On this the 8th ?eb: ss. SAFECO TITLE INSURANCE said State.personally appeared Howard I. Katkov day nt February IB 89. before me, the undersigned, a Notary Public hi and for personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within Instrument as theVice. President, and. @JL /fl.'Ci Signature FOR NOTARY SEAL OR STAMP personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within Instrument as the _ Secretary of - Brennan-Katkov Dev. Corp. the corporation that executed the within Instrument on behalf of _ Carlsbad. Heights Associates _ the part- nership that executed the within Instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Clarissa A. Miranda * OFFICIALSEAL CLAi?!SfAA. Mir^NDA NOTARY (rUCJUC-CALIKOHNIA SANDGGOCOUJTV My Comm Expirei Morcfc I, 1991 I t.' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 COURT PAPIR•i*tt or e»ur»«m»•TO. IIS mtv. t.Tt -5- TO NOTARY PUBLIC! If you are notarizing the signatures of rsons signing on behalf of a corporation, partnerships/trust, stc\, please use the correct notary jurat (acknowledgment) as axplalned in your Notary Public Law Book. State of California, County of. this \ day of year . Tjefore me , SB notary Public. Vereonally appeared personally known fc0 me (or proved to me/on the basis of satisfactory evidence) to be the pers/n whose name is subscribed to this instrument, and acknowledge/ that he/she executed it. NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE State of California, County of. On this jifay of year , before/me 88X Notary Public, personally appeared X personally knojra to me (or proved to me on\the basis of satisfactorv'evidence) to be the person whoffe name is subscribed to this instrument, and acknowledged that he/oiie executed it. NOTARY PUBLIC \N AND FOR SAID COUNTY AND STATE ;i /1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 COURT PAPER •TUT* Or CAUf«K«IA•TO. IH <•". ••Til -6- This is to certify that the deed restriction set forth above Is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to authority conferred by the California coastal Commission when it granted Coastal Development Permit No. VT%S~££I on and the California Coastal Commission consents to recordation thereof by its duly authorized officer. Dated: _______' T California Coastal Commission STATE OF California COUNTY OF San Piego On .) )S8 .) Notary Public, personally appeared . /f<ff . before me the undersigned A/* personally known to me to be (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the /fe^T- ^/SX /^/>^^^7^ and authorized representative of the California Coastal Commission and acknowledged to me that the California Coastal Commission executed it. OFFICIAL SEAL MILTON PHEGLEY NOTARY PUBLIC • CALIFORNIA SAN DIEGO COUNTY My Comm. Expire* S«f/t, 5, NOTARY PUBLIC IN SAID STATE AND COUNTY t. I LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF LAND DESIGNATED AS "DESCRIPTION NO. 4, 76.89 ACRES" AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID "DESCRIPTION NO. 4"; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL SOUTH 09'58'17" EAST, 600.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 77'22'52" EAST, 1107.47 FEET; THENCE NORTH 48*01'52" WEST, 811.18 FEET TO THE NORTHERLY LINE OF SAID "DESCRIPTION NO. 4"; THENCE ALONG SAID NORTHERLY LINE SOUTH 71*35'51" WEST 612.83 FEET TO THE POINT OF BEGINNING. PARCEL 2: EASEMENTS FOR ROADWAY AND UTILITY PURPOSES OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AS "60.00 FOOT EASEMENT AND 66.00 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, I960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. EXCEPTING FROM SAID 60.00 FOOT STRIP THAT PORTION WHICH LIES WITHIN PARCEL 1 ABOVE. THE EASEMENTS HEREIN DESCRIBED ARE HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF "DESCRIPTION NO. 4, 76.89 ACRES" AS SHOWN AND DELINEATED ON SAID RECORD OF SURVEY MAP NO. 5715. EXHIBIT "A" AUFORNIA—THE RESOURCES AGENCY GEORGE DSUKMEJIAN. Oow )RNIA COASTAL COMMISSION ybo COAST DISTRICT Filed: 10/31/88 /AMINO DEI RIO SOUTH, SUITE 123 49th Day: 12/19/88 AIIOO.CA 92108-3320 180th Day: 4/30/88 /297974° Staff: AB-SD /• Staff Report: 12/01/88 Hearing Date: 12/13-16/88 REGULAR CALENDAR STAFF REPORT AND PRELIMINARY RECOMMENDATION Application No.: 6-88-531 Applicant: Laurel Tree Investment Agent: Jack Henthorn Description: Subdivision of 65.7-acre vacant parcel Into two parcels of 11.4 and 54.3 acres 1n size. No other Improvements are proposed at this time. Zoning ' R-l-10, L-C Plan Designation Office and Residential LMr M Site: . South side of Palomar Airport Road at Laurel Tree Lane, between Paseo del Norte and Palomar Oaks Way, Carlsbad, San Diego County. APN 212-040-22 Substantive File Documents: Certified Carlsbad LCP Mello II segment City of Carlsbad TM-785 STAFF NOTES: Summary of Staff's Preliminary Recommendation: Staff 1s recommending approval of the project subject to conditions which require the recondation of an open space deed restriction over the steep slopes areas of the site covered with native vegetation and recordatlon of a deed restriction serving notice to potential future owners of the property of the requirement for future compliance with the policies of the Local Coastal Program regarding payment of a mitigation fee for conversion of agricultural lands. An advisory condition has also been attached which serves notice to the applicant of the limits of the subject permit and the need for subsequent development proposals to be reviewed under the coastal development permit process. PRELIMINARY STAFF RECOMMENDATION; The staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit for the proposed development, subject to the conditions below, on the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not EXHIBIT "B" Page 1 Of 6 6-88-531 Page 2 have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. • II. Standard Conditions. See attached page. III. Special Conditions. The permit is subject to the following conditions: 1. Open Space Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type in the steep slope areas of the site covered with native vegetation shown on the attached Exhibit #3, without the written approval of the California Coastal Commission or its successor in Interest. The recording document shall Include legal descriptions of both the applicant's entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. 2. Future Development Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall acknowledge the provisions of the Carlsbad. Local Coastal Program Coastal Agriculture overlay zone. Specifically, the restriction shall state that any future proposal for development of the site, including further subdivision, shall trigger the requirement for compliance with option #3 of the Local Coastal Program, payment of an agricultural conversion mitigation fee of between $5,000 and $10,000 per acre, with the exact amount of such fee to be determined by the Carlsbad City Council. The recording document shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. 3. Future Development. This permit is valid only for the subdivision and plat adjustment of the property shown on Exhibit #2. No other development 1s authorized at this time. All future development proposals shall be subject to separate review under the coastal development permit process. IV. Findings and Declarations. The Commission finds and declares as follows: 6-88-531 Page 3 1. Detailed Project Description and History. The applicant proposes to subdivide a 65.7 acre-vacant property 1n Carlsbad into two separate parcels of 11.4 and 54.3 acres. The project site 1s located south of Palomar Airport Road along Laurel Tree Lane, a partially paved and partially dirt roadway running parallel to and east of Paseo del Norte. The alignment of existing Laurel Tree Lane roughly corresponds to the planned alignment of College Boulevard a four-lane north-south roadway designated on the City of Carlsbad's Traffic Circulation Element. The application also includes a minor plat adjustment to the property line along the northwest portion of the site. Here, approximately two acres from the adjacent property (APN 212-040-23) are to be included within proposed Parcel #1 (11.4 total area). The plat adjust corresponds to the westerly boundary of the planned alignment of College Boulevard. The subdivision site is characterized by gently to moderately sloping terrain. Elevations on the site range from 99 feet MSL to 282 feet MSL. Much of the site has been used for agricultural production and has been disturbed by past earth moving activities. However, there are areas of steep slopes (25X grade or greater) which are covered with native vegetation, including coastal sage -and chaparral plant communities. The property 1s located within the Hello II segment of the Carlsbad Local Coastal Program. A portion of the site was the subject of an LCP Land Use Plan amendment in February of this year (2-87). At that time, the Commission approved, with suggested modifications, a proposal to redesignate approximately nine acres of the site from a residential designation (RLM) to a designation of Office (0) uses. The area which was redesignated is located at the lower elevations of the site along the planned alignment of College Boulevard. The rationale behind the amendment was that the redesignated portion of the site was located adjacent to other commercial and industrially designated properties and was topographically separated from other residentially designated or developed areas. The stated purpose of the subdivision now proposed is to create a separate parcel for the area which has been redesignated in the LCP. No development, other than the subdivision, is proposed at this time. The subdivision is what is commonly termed a "financial subdivision", which at the local level specifically grants no development entitlements. The approval at the local level did include the exaction of right-of-way areas for the City's proposed College Boulevard. However, construction of the roadway has not been submitted as a part of this or any other coastal development permit application. 2. Preservation of Agriculture. Coastal Act Section 30242 addresses the preservation of non-prime agricultural lands. Pursuant to this section of the Act* the Carlsbad LCP contains various policies regarding use and preservation of agricultural lands. All of the agricultural lands of the Carlsbad LCP were treated as non-prime lands even though some could have met the "prime" criteria because of the economic return the land was providing from farming production. The Commission's rationale for treating all lands in the LCP as non-prime was that the majority could not meet the prime status and to treat EXHIBIT "B" Page 2 of 6 6 88-631 Page 4 those that could meet the criteria solely based on economic return would penalize owners of such lands and would provide incentives for taking the most _ productive lands out of production. W Major amendments to the LCP certified by the Commission in 1985 significantly changed the policies of the LCP regarding agricultural preservation. Those amendments essentially allowed for conversion of almost all of the agriculturally-designated lands within the City's Mello I and Hello 11 segments. Such conversion is allowed pursuant to one of three options of the LCP. The first is a determination of infeasibility of continued agricultural use based on area-wide, rather than site-specific studies of agricultural feasibility. The second option is participation in a mitigation program designed to preserve off-site prime agricultural lands elsewhere in the coastal zone. The third option for conversion is the payment of an agricultural mitigation fee of between $5,000 and $10,000 per acre of lands converted. The iunds accrued from the fees of this are to be used in the restoration and enhancement of natural resources, public access opportunities, and preservation of agricultural lands in Carlsbad. The implementing ordinances of the LCP, as modified in 1985, contain the specific requirements for implementing the three options of the LCP. The identified agricultural lands for which conversion requirements wduld be applicable were included in a Coastal Agriculture (C-A) overlay zone. Under the provisions of the C-A zone, the timing of the mitigation required varies depending on which of the three options of the LCP's conversion policies was chosen. For example, with participation in the off-site preservation of prime agricultural lands, evidence of such participation is required for approval of a subdivision. Section 21.060 B-2 subsection #3 of the implementing ordinances states: 3. Prior to the issuance of a final subdivision map, parcel map or building permit, whichever is earlier, the property owner shall present to the City Council, proof of dedication by grantor and acceptance by grantee of an appropriate interest in prime agricultural lands pursuant to subsection b-2 Likewise, with conversion pursuant to option #1, a determination of infeasibility on an area-wide basis, such detemination would have to be submitted and approved at the time of review of a subdivision. However, for the third option of the policies, payment of a mitigation fee, the mitigation requirement is triggered at the time that a coastal development permit for "urban development" 1s considered. Specifically, subsection 21.070-c calls for such fees to be paid "prior to the issuance of building permits for the project". Thus, there is some inconsistency within the LCP regarding the timing for compliance with agricultural mitigation requirements. *> -88 -531 Page 5 The subject property, save for the 2-acre plat adjustment area, is located entirely within the C-A zone and Is, thus, subject to the requirements of the LCP regarding agricultural lands. The applicant proposes to subdivide the parcel into two parcels of 1H and 54+ acres. No other development is proposed at this time. While the subdivision may facilitate future urban development and conversion of agricultural lands, the subdivision into two relatively large parcels does not itself constitute urban conversion. However, the subdivision is clearly designed to accommodate urban rather than agricultural development. The applicant's representative has indicated that at the time of a future proposal for urban development, the third option of the LCP polices, payment of a mitigation fee, rather than pursuit of the other two conversion options, will be the option chosen to meet the mitigation requirements of the C-A zone. Subdivision prior to payment of the conversion fee would be consistent with the ordinances of the LCP. However, were either of the other two options of the LCP regarding conversion pursued, compliance with those mitigation requirements would be applicable now, with the proposed subdivision. With the commitment from the owner that option #3, payment of the conversion fee will be the one pursued to offset future conversion, the Commission finds that the subdivsion may be found consistent with the policies of the LCP at this time. Also, the Commission is concerned that all parties be served notice that future development of the site will require separate review under the coastal development permit process and that such proposals will be subject to the payment of the required agricultural conversion mitigation fee (option #3) of the certified LCP. This is especially important in that the proposed subdivision would allow for sale of a portion of the site to another party who may be unaware of the LCP requirements. These concerns are reflected in Special Conditions #2 and #3. Special Condition #3 is an advisory one which serves notice to the applicant and interested parties that the permit is valid for the subdivision only and that future development proposals shall be subject to separate review under the coastal development permit process. > Special Condition #2 requires the applicant to record a restriction against the deed for the property. The condition is to state that the site is included within the Coastal Agriculture zone of the Carlsbad LCP and that future development proposals, including subsequent subdivisions, shall be subject to the LCP's agricultural policy requirement for payment of the . agricultural conversion mitigation fee, specified under option #3 of the LCP. The restriction also serves to formalize the applicant's commitment to use option #3 in any future development proposal. As conditioned, the Commission finds that mitigation for the potential conversion from agricultural use is assured and the project is consistent with the policies of the certified local coastal program and Section 30242 of the Coastal Act. 3. Preservation of Sensitive Habitat/Steep Slopes. Coastal Act Section 30240 states, in part: EXHIBIT "B" Page 3 of 6 b-88 531 Page 6 (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas.... m \Pursuant to this policy, the certified Hello II segment of the Carlsbad LCP includes provisions for the preservation of certain steep-sloping hillsides. The applicable policies of the Hello 11 segment were modified in 1985 with the certification of major amendments to the LCP regarding preservation of agricultural lands and sensitive steep slopes. The amended policies prohibit grading on steep slopes (25X grade or greater) only if certain species of native habitat are present on the slopes. The policy resulting from the certified amendment states: Grading and Erosion Control 1. For those slopes mapped as possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities the following language shall apply:... a) Slopes of 25% grade and over shall be preserved 1n their natural state,.... The ordinance goes on to allow an exception to this mandate if Its application were to "prohibit a reasonable use of the property". It also allows encroachment for utilities and roads on the City's Circulation Element and access roads to developable areas, where no other less environmentally- damaging alternative exists. The policy requires that areas to be preserved as a result of the policy be appropriately protected against future encroachment. The subject site'contains a number of areas with slopes of slopes of 25X grade or greater. However, much of the site has been disturbed by past agricultural activities. As a result, only two areas of the site meet the dual criteria of containing both steep slopes and coastal sage/chaparral habitat. The two areas are located 1n the southern portion of the site and total approximately 1.6 acres and .2 acres (refer to Exhibit #3). The subject application 1s for subdivision only and no other development is proposed. However, the Commission finds 1t appropriate at this time to define the development constraints associated with the property. Special Condition #1 reflects this concern. The condition requires the applicant to record a deed restriction over those portions of the site's steep sloping areas which are covered with coastal sage and chaparral. The areas are Identified on Exhibit #3. The deed restriction requires that no alteration of landforms, removal of vegetation or the erection of structures of any type in the identified area 1s to occur without the written approval of the California Coastal Commission or successor 1n Interest. The restriction is to be recorded free of prior liens and encumberences which would affect the interest being conveyed and 1n a form and content acceptable to the Executive Director. With the Imposition of this condition, the Commission finds the 6-88-531 Page 7 project consistent with Section 30240 and all other Chapter 3 policies of the Coastal Act and with the policies of the certified Mello II segment LCP. 4. Local Coastal Planning. Pursuant to Sections 30l70(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the Carlsbad LCP, the Hello 1 and II segments in 1980 and 1981 respectively. However, the City of Carlsbad found several provisions of the Hello I and II segments unacceptable and, therefore, did not adopt the implementing ordinances for the LCP until 1985. In the intervening period, the Coastal Act was amended to include Section 30519.1 (c) which specifies that for projects within the jurisdiction of the Hello I and Hello II segments of the LCP, coastal development permit applications are to be reviewed for their consistency with the certified Local Coastal Program segment(s). The project site is designated for two different uses in the certified LCP. A portion of the site is designated as Office and the remainder designated as Residential. The subdivision application would not alter or affect existing land uses. The subdivision is proposed in part to create a parcel line consistent with the existing land use designation boundaries of the LCP and General Plan (refer to Exhibit #4). The project, as conditioned is consistent with the agricultural and sensitive habitat preservation policies of the certified LCP. Project approval should not prejudice the ability of the City' of Carlsbad to implement its certified Local Coastal Program. 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 permit 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 permit 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. EXHIBIT "B" Page 4 of 6 6-B8-531 Page 8 6. Assignment. The permit 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 tand. 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. (8531R) I LAUREL TREE VIC1NI MAP PROJECT SITE l- PACIFIC --' OCEAN Batlquftos Lagoon EXHIBIT "B" Page 5 of 6 EXHIBIT NO. \ AR TENTATIVE PARCEL NO, IN nc CUT or CARLSBAD. COUNIT or BAH OIECO. IIAIC or CALIFORNIA LEGAL DESCRIPTION BE INC A SUOOIVISIOH OF ALL OF PARCEL NO. 2. AS BKMM ON AOJUSinCNf PLAI NO. . HECOUOCO IN nc OIF ice OF nc COUNIT RECOHOC* OF rum OIECO CUUNIT AS FILE NO. . OF OFFICIAL RCCOAUB. •i.ua ACHES MAP OWNER/SUBDIVIDERLAUIIEL I REE iNvESinilNi cu. 17911 tlllCllELL IHV1HE. CALIFORNIA. 93715TEL- imiaci-ner. VY" T' ^ ^w ENGINEER OF WORKBUCCOLA EHClNEEfKNC INC.VISIA UAT. rjtiE 301OCEANS I DE C AL I F ' W I A . 92054IEL : 1(1*1 Rl JOOO \ <'-: y>-:-\ mm*:\ rt ik.-U>/::>''XHIBIT NO 3. 33 ''I rr jV^JSl -|»o -r- fclll I'Mii !•> V/VLJ *>-^'V'l'.£ M;.".;::'<r'"'-- ,r.,^ -/•ft... '" *'*-"i*'' '-^ "'• " '"'"" $.-*$£%*- f js*j '?/>'* iN^ffii ^\" ^•'••n^-fs^^-^\ • »;)-v>'S. •—,ft f?r-''v 'r." ^ ., V> "TVWW"7''C ^^v\ «~» .*"•— ~>^- ci » .» -1-< o~n o>^Jr~muu>o oc: .2 . O - T1 ' CO . '^'t'h \ jj){r-^yv^\ ; n\^%^ ^oSr- «fe \W\ \VA ' ^^ VVA*W \"^W^Wa ^ *\\V^ \-Js\\ s l^. •' .::''.^•.••.f."'-t '. r s•ri *.-\— i t.~.z\B.-» -.-.-•---—-•.\ - • ,\ *e'**•*«•-, I f^f.-^n- ,?.\-- ei~-fY*-£V"£ *$ Tb^rcja: EXHIBIT "B" Page 6 6f 6 i- . " > SKETCH TO ACCOMPANY LEGAL DESCRIPTION SCALEi EXHIBIT NO. AP/LICATION Legal description identifying deed restriction areas of coastal sage scrub within the limits of City of Carlsbad minor subdivision No. 785. Exhibit A; Legal Description Those portions of "Description No. A, 76.89 Acres" as shown and deliniated on Record of Survey Map No. 5715 filed in the office of the County Recorder of San Diego County, December 19, I960, being also a portion of Lot "G" of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of County Recorder of San Diego County, November 16, 1896, described as follows: Parcel 1. . Beginning at a 2 inch iron pipe marked LS A525 which monuments the northeast closing corner of Section 21, Township 12 South, Range A West, San Bernardino Meridian with the south boundary of the Rancho Agua Hedionda as shown on Record of Survey Map No. 8529 filed July 3, 1960 in the office of the County Recorder of San Diego County; thence, following along said south boundary, South 89°59'59" West (North 89827'10" West per Record of Survey Map No. 8529) 182.15 feet to 'the True Point of Beginning; thence, continuing along said South boundary, South 89°59'59" West-89.33 feet to the beginning of a non- tangent curve concave southwesterly having a radius of 300.00 feet to which a radial line bears North 55°27'08" East; thence, leaving said south boundary, northwesterly 85.78 feet along said curve through a central angle of 16°22'59" to the beginning of a compound curve concave southerly having a radius of 30.00 feet to which a radial line, bears North 39^*09" East; thence northwesterly, westerly and southwesterly 33.5.2 feet along said curve through a central angle of 6A000'57" to the beginning of a reverse curve concave northerly having a radius of 40.00 feet to which a radial line bears South 2A°56'A8" East; thence southwesterly, westerly and northwesterly 42.A5 feet along said curve through a central angle of 60°A8I01"; thence North 5A°08'A7" West 25.00 feet to the beginning of a non-tangent curve concave southeasterly having a radius of 300.00 feet to which a radial line bears North 66°11'30" West; thence northeasterly 161.2A feet along said curve through a central angle of 30°A7'44"; thence South 56°16'30" East 86.98 feet to the beginning of a tangent curve concave southwesterly having a radius of 105.00 feet; thence southeasterly and southerly 105.6A feet along said curve through a central angle of 57°38'5i" to the beginning of a reverse curve concave easterly having a radius of 125.00 feet to which a radial line bears North 88°37'39" West; thence southerly and -southeasterly 7A.30 feet along said curve through a central angle of 34°03'25" to the True Point of Beginning. The parcel of land described above contains 0.635 acres, more or less. Parcel 2. Beginning at a 2 inch iron pipe marked LS A525 which monuments the northeast closing corner of Section 21, Township 12 South, Range A West, San Bernardino Meridian with the south boundary of the Rancho Agua Hedionda as shown on Record of Survey Map No. 8529 filed July 3, I960' in the office of the County EXHIBIT "D" Paqe 1 of 2 Recorder of San Diego County; thence, following along said south boundary, South 89°59'59" West (North 89°27'10" West per Record of Survey Map No. 8529) 862.90 feet to the True Point of Beginning; thence, continuing along said south boundary, South 89°59'59" West 125.75 feet; thence, leaving said south boundary', North 17°44'09" West 188.62 feet to the beginning of a tangent curve concave southwesterly having a radius of 300.00 feet; thence northerly and •northwesterly 90.25 feet along said curve through a central angle of 17°14'12" to the beginning of a reverse curve concave easterly having a radius of 900.00 feet to which a radial line bears South 55°01'39" West; thence northwesterly and northerly 452.78 feet along said curve through a central angle of 28°49'29" to the beginning of a compound curve concave easterly having a radius of 225.00 feet to which a radial line bears South 83°51'08" West; thence northerly and northeasterly 132.97 feet along said curve through a central angle of 33°51'39" to the beginning of a compound curve concave southerly having a radius of 40.00 feet to which a radial line bears North 62°17f13" West; thence northeasterly, easterly and southeasterly 75.59 feet along said curve through a central angle of 108°16'37" to the beginning of a compound curve concave southwesterly having a radius of 225.00 feet to which a radial line bears North 45°59'24" East; thence southeasterly and southerly 139.87 feet along said curve through a central angle of 35°37I06" to the beginning of a reverse curve concave easterly having a radius of 1000.00 feet to which a radial line bears South 81°36'30" West; thence southerly and southeasterly 345.96 feet along said curve through a central angle of 19°49'20" to the beginning of a reverse curve concave westerly having a radius of 1000.00 feet to which a radial line. bears North 61°47'10" East; thence southeasterly and southerly 249.73 feet along said curve through a central angle of 14°18'30"; thence South 13°54'20" East 138.94 feet to the True Point of Beginning. . The parcel of land described above; contains 3.374 acres, more or less. Exhibit "B" is attached hereto and made a part hereof by this reference. Prepared by AMMj*> v^ ,v>A^N^ Dennis A. Brown Expires 9-30-92 EXHIBIT "D" Paqe 2 of 2 pemit # applicant RECORDING REQUESTED BY ft'tlKJnfif &isfcal co»«i«lon SAII DIEGO DISTRICT OFFICE 1333 Catnlno del Klo So., Ste. .125 San Diego, CA 92108 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) This subordination agreement is made between (1) CARLSBAD UNIFIED SCHOOL DISTRICT hereinafter called "Beneficiary" . and(2) Carlsbad Heights Association. A California General Partnership hereinafter called "Trustor". The undersigned beneficiary under Deed Of Trust dated (3) DECEMBER 6. 1985 and recorded on c<n DECEMBER 13, 1985 as Document No.fSl 85-471221 ( Official Records in the Office of the County Recorder of (6) San Diego . encumbering the real property described in-Exhibit A (7) to this document, which Deed of Trust has as Trustee C81 TICOR TITLE 'NSURANCE CO. OF CALIFORNIA hereby acknowledges the (9) Open Space Deed Restriction dated (10) 1-g-ag , executed by (11) Howard T Kaf-knv _, recordedt concurrently herewith, and does hereby subordinate the interests of its Deed of Trust thereto on behalf of the People of the State of California. DATED!' BYK Of BENEFICIARY / SIGNATURE OF TRUSTOR H. BLAIR / J IAMFS P qRFNNAN, PRFS. PRINT OR TYPE ABOVE / tiRINT OR TYPE ABOVE ASSISTANT SUPERINTENDENT BUS NESS CERVICES SIGNATURE OF BENEFICIARY SIGNATURE OF TRUSTOR HOWARD I. KATKOV. VICE PRES. PRINT OR TYPE ABOVE PRINT OR TYPE ABOVE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 NOTE TO UDTART PUBLIC! I a Pu . STATE OF CALIFORNIA,, ' COUNT^ OP ,^*£ X^^X — On ~tbas ^ "^ day of ^ /k/ &«6j4+x-J "7c/1S) A/, £/* f any party signing the attached subordination greement is signing on behalf of a corporation, ublic agency, trust, partnership, etc., please se the proper notary acknowledgement (jurat). / ( ss« '{•/l-'tf.LJL-k.ts: — i in the year / ' & / , before me , a Notary Public, personally appeared -r / 1 • , personally known to me / proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to this instrument, and acknowledged that/he, /she/they executed it. X523-V OFFICIAL SEAL ! &!r3#& N.L.ANDERSON ' 5&£3syW3 NOTARY PUBIC -CALIFORNIA . XggSg/ SAN DIEGO COUNTY STATE OF CALIFORNIA COUNT! OF On this day of O^v^**^^• NOtAR! PUBLIC IN AND FOR SAID . .COUNT! AND STATE ( s*. , in the year , before me ,'-a Notary Public, personally appeared t personally known to me / proved to me on the basis. of satisfactory evidence to be the person(s) whose name is subscribed to this instrument , and acknowledged that he/she/they executed it. NOTAR! PUBLIC IN AND FOR SAID COUNT! AND STATE : or oil'"""* H3 t«tv. ••**• ia •5 OL 3 I s=- a STATE OF CALIFORNIA COUMTYQF San On this the ss. I SAFECO TITLE INSURANCE said State, personally appeared James P. Brennan day nt ni(JLA.(L^\ 19 & t, before me, the undersigned, a Notary Public in and for Signature FOR NOTARY SEAL OR STAMP personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and . personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of Brennan-Katkov Dev. Corp. ^ corporation that executed the within instrument on behalf of Carlsbad Heights Associates the part- nership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Clarissa A. Miranda *. OFFICIAL SIiAL CLARISSA A. MIRANDA NOTARY PUSUC - CALIFORNIASAN D:EGO co JNTY My Comm Expire! March I, 1991 t .9- f CL •5 * * I "5.S STATE OF CALIFORNIA COUNTY OF San Diego On this the SS. . day nt ~lVLOA said State, personally appeared Howard I. Katkov i«0? SAFECO TITLE INSURANCE before me, the undersigned, a Notary Public in and for personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President, and : personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the . Secretary oL Brennan-Katkov Dev. Corp. the corporation that executed the within instrument on behalf of Carlsbad Heights Associates the part- nership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Clarissa A. Miranda a. Signature FOR NOTARY SEAL OR STAMP OFFICIAL SEAL -,.A CLARISSA A. MIRANDA -);) NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTy My Comm Expires March 1, 1991 .IT "A1 LEGAL DESCRIPTION THE LAUD REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL It ALL THAT PORTION OF LAND DESIGNATED AS "DESCRIPTION NO. 4, 76.89 ACRES" AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA j HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO HAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF j SAN DIEGO COUNTY, NOVEMBER 16, 1896. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS! BEGINNING AT THE NORTHWEST CORNER OF SAID "DESCRIPTION NO. 4"; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL SOUTH 09'58'17" EAST, 600.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 77*22'52" EAST, 1107.47 FEET; THENCE NORTH 48'01'52" WEST, 811.18 FEET TO THE NORTHERLY LINE OF SAID "DESCRIPTION NO. 4"; THENCE ALONG SAID NORTHERLY LINE SOUTH 71'35•51" WEST 612.83 FEET TO THE POINT OF BEGINNING. PARCEL 2t EASEMENTS FOR ROADWAY AND UTILITY PURPOSES OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AS "60.00 FOOT EASEMENT AND 66.00 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. EXCEPTING FROM SAID 60.00 FOOT STRIP THAT PORTION WHICH LIES WITHIN PARCEL 1 ABOVE. THE EASEMENTS HEREIN DESCRIBED ARE HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF "DESCRIPTION NO. 4, 76.89 ACRES" AS SHOWN AND DELINEATED ON SAID RECORD OF SURVEY MAP NO. 5715. permit # _ applicant RECORDING REQUESTED Bt ^PiFfffi Costal Commission SAN DIEGO DISTRICT OFFICE 1333 Camino del Rio So., Ste. .125 San Diego, CA 92108 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUH SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) This subordination agreement is made between (1) Great American First Savings Bank, a California Corporation , hereinafter called "Beneficiary", and (2) Carlsbad Heights ; Association. A California General Partnership , hereinafter called "Trustor". The undersigned beneficiary under Deed Of Trust, dated (3) I ?-l -BB and recorded on (4) 12-6-88 'as Document No.(5) 88-624200 .• Official Records in the Office of the County Recorder of (61 San Diego , encumbering the real property described in Exhibit A (7) to this document, which Deed of Trust has as Trustee (8) hereby acknowledges the (9) Open Space Deed Restriction dated (10) i~g-Rq .. executed by fll} Hnward T K^Jikov recorded concurrently herewith, and does hereby subordinate the interests of its Deed of Trust thereto on behalf of the People of the State of California. DATED: BY: CARLSBAD HEIGHTS ASSOCIATES, A California General Partnership & — ^ SIGNATURE OP BENEFICIARY Development Corp., PRINT OR TYPE ABOVE SIGflATURfe OF TRUSTOR / Jaines P. Brennan, President PRINTER TYPE ABOVE SIGNATURE OP ktvS^'i n :FICIARY 'if rn& /r PRINT OR TYPE ABOVE SIGNATURE OF TRUSTOR .Howard I. Katkov, Vice President PRINT OR TYPE ABOVE STATE OF CALIFORNIA COUNTY OF_ Sa" Die9° 8th ss. SAFECO TITLE INSURANCE said State, personally appeared James P. . day of February—19. 89. before me, the undersigned, a Notary Public in and tor a personally known to me or proved lo me on the basis ol satisfactory evidence to be the person who executed the within instrument as the President, and '. personally known to me or proved to me on the basis ol satisfactory evidence lo be the person who executed the within Instrument as the .Secretary of. Brennan-Katkov Dev. Corp. ^ corporation that executed the wilhln Instrument on behalf of Carlsbad Heights Associates the part- nership that executed the within Instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Clarissa A. Miranda ' Signature FOR NOTARY SEAL OR STAMP •»-»-«-«->—«—^*- OFFICIAL SZAl .CLARISSA A. MIRANDA NOTARY PUBLIC • CALIFORNIA SAN DIEGO COUNTY My Comm Expires March 1, 1991 •—^-^^"vWh^wWw^w^v**^^^"^ • *V) STATE OF CALIFORNIA COUNTY OF San Diego On this the. SAFECO TITLE INSURANCE 8th said State, personally appeared Howard I. Katkov . day of February IB 89^ before me, the undersigned, a Notary Public In and for "o. SV) personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within Instrument as theVice.President,and. FOR NOTARY SEAL OR STAMP personally known lo me or proved to me on the basis of satisfactory evidence to be the person who executed the wilhln Instrument as the Secretary of Brennan-Katkov Dev. Corp. the corporation that executed the within Instrument on behalf of Carlsbad. Heiqhts Associates the part- nership that executed the within Instrument, and acknowledged to me that such corporation executed the same as such partner and thai such partnership executed the same. WITNESS my hand and official seal. Clarissa A. Miranda ~a~ Signature OFFICIAL SEAL CLPmlSSAA. MIRANDA -• j NOTARY PooLIC - CALi'ORNiA SAN DIEGO COUNTV My Comm Expire) Morch 1. 1991 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NOTE TO UOTAHT PUBLIC:If any party signing the attached subordination agreement is signing on behalf of a corporation, public agency, trust, partnership, etc., please use the proper notary acknowledgement (jurat). STATE OF CALTKIRNIA COUNTY OF < S3. On this day of _, in the year , before me a Notary Public, personally appeared personally known to me / proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to this instrument, and acknowledged that he/she/they executed it. STATE OF CALIFORNIA _ ^.COUNTY OF San Dieqo • NOTARY PUBLIC IN AND FOR SAID mtlMTT 4MT1 STATE ISA On_February 10. 1989 said State, personally appeared. Kerstin Rumar , before me, the undersigned, a Notary Public in and for Dianne A. Lowe and . personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as_ Senior Vioe President and Admin- Off inp.r annsKKv on behalf o(_ Great American First Savings Bank . the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to Its by-lews or a resolution of its board of directors. WITNESS my hand and official seal Signature. OFFICIAL SEAL NANCY COLLINS Notary Public-California SAN DIEGO COUNTY My Comm. Exp. Sep. 14.1993 (This area for official notarial seal) OOUWrr AND STATE ce .nf PAPER k of CALI'OHMIA MIS iKtV. I.Til ' air IflTBlT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF LAND DESIGNATED AS "DESCRIPTION NO. 4, 76.89 ACRES" AS SHOWN AND DELINEATED ON RECORD OF SURVEY HAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID "DESCRIPTION NO. 4"; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL SOUTH 09'58'17" EAST, 600.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 77'22'52" EAST, 1107.47FEET; THENCE NORTH 48'oi'52" WEST, en.is FEET TO THE NORTHERLY LINE OF SAID "DESCRIPTION NO. 4"; THENCE ALONG SAID NORTHERLY LINE SOUTH 71*35'51" WEST 612.83 FEET TO THE POINT OF BEGINNING. PARCEL 2: EASEMENTS FOR ROADWAY AND UTILITY PURPOSES OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AS "60.00 FOOT EASEMENT AND 66.00 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. EXCEPTING FROM SAID 60.00 FOOT STRIP THAT PORTION WHICH LIES WITHIN PARCEL 1 ABOVE. THE EASEMENTS HEREIN DESCRIBED ARE HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF "DESCRIPTION NO. 4, 76.89 ACRES" AS SHOWN AND DELINEATED ON SAID RECORD OF SURVEY MAP NO. 5715.