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Home My WebLink AboutCUP 03-21; NORTH COUNTY ANIMAL SHELTER; Conditional Use Permit (CUP)1) ~ □ □ tK1 □ □ □ fR] □ □ □ ~ 2} 3) • CITY OF CARLSBAD • LAND USE REVIEW APPLICATION APPLICATIONS APPLIED FOR: (CHECK BOXES} (FOR DEPARTMENT !FOR DEPARTMENT USE ONLY! USE ONLY) Administrative Permit -2nd □ Planned Industrial Permit Dwelling Unit Administrative Variance □ Planning Commission Determination Coastal Development Permit □ Precise Development Plan Conditional Use Permit ~ l l f> 03-·a-1 □ Redevelopment Permit Condominium Permit □ Site Development Plan Environmental Impact □ Special Use Permit Assessment General Plan Amendment □ Specific Plan Hillside Development Permit HDP 03-(Y-{ □ =i=e"teti't'e ?areel Mei, Obtain from Engineering Department Local Coastal Plan Amendment □ Tentative Tract Map Master Plan □ Variance Non-Residential Planned g] Zone Change 7.L C)!:>-o.3 Development Planned Development Permit □ List other applications not specified ASSESSOR PARCEL NO(S).: 213-020-18 PROJECT NAME: Ni:ff North County Animal Shelter 4) BRIEF DESCRIPTION OF PROJECT: A new shelter with approximately 100 Kennels 3.nd specialized facilities for adoptions,surgery.,conference,wi}d lire and educati- 5) OWNER NAME (Print or Type) County of San Diego MAILING ADDRESS 5555 Overland Avenue, Dept. of General Service 6) APPLICANT NAME (Print or Type} Same As 5 MAILING ADDRESS CITY AND STATE San Diego CA ZIP TELEPHONE CITY AND ST A TE ZIP TELEPHONE 92123 (858)694-2093 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND THE BEST OF MY KNOWLEDG DATE 7 /28/03 I CERTIFY THAT I AM THE LEGAL REPRESENT ATJVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE • A portion of Lot G of Rancho Agua Hedionda_-according to map No. 823 N TE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED. MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 D· r •1v/(1 :.....; / ·./ ,...,./) PAGE 1 OF 2 ~-_,,, ,._/1 '\~ '--"" '--~ • • 8) LOCATION OF PROJECT: STREET ADDRESS 2481 ON THE SOUTH SIDE OF I Palomar Airport Road (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Yarrow Drive AND I El Camino Real {NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 5 10) PROPOSED NUMBER OF LOTS G11) NUMBER OF EXISTING G12) PROPOSED NUMBER OF IN/A I RESIDENTIAL UNITS RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION ~14) PROPOSED IND OFFICE/ ~15) PROPOSED COMM ~ SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENT AGE OF PROPOSED ~17) PROPOSED INCREASE IN GJ18) PROPOSED SEWER ~ PROJECT IN OPEN SPACE 5 ADT USAGE IN EDU 19) GROSS SITE ACREAGE ~20) EXISTING GENERAL [;]21) PROPOSED GENERAL [;] J PLAN I PLAN DESIGNATION 22) EXISTING ZONING EJ23) PROPOSED ZONING EJ 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS oF cl STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMB TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSE TO ENTRY F THI PURt:it'..!~~------ n J McTighe, Director e artment of General Services FOR CITY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOT AL FEE REQUIRED DATE FEE PAID Form 16 JUL 3 0 2003 CITY OF CARLSBAD DATE~~~)U£1c~fr6NTRECEIVED RECEIVED BY: -RECEIPT NO. PAGE 2 OF 2 • • • • - City -of Carlsbad l:.JFl,ieii,l·l•J=l·Eliii,14,ii DISCLOSURE STATEME1''T Applicant's statement or disclosure of certain ownership interests on all applications which "ill require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information l\lliST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as .. Any individual, firm, co-partnership, joint venture, associanon. social club. :fra~ organization, corporation, estate, trust, receiver, syndicate, in 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. - Agents may sign this document; however, the legal name and entity of the applicant and property o,;11rner must be provided below. 1. 2. A.PPLIC.Ai,"T (Not the applicant's agent) Pro,ide the CO::\IPLETE, LEGAL nz.mes 2nd :!d±esses of .A..LL pe:-scn.s !:la,-1,.,g 2. fina~cial interest in the application. If the applicant includes a corporation or partnership. include the names, title, addresses of all individuals ov,ming more than 10% of the shares. 1F NO INDIVIDUALS OWN MORE TIIAN 10% OF THE SHARES, PLE.~E INDICATE NON- APPLICABLE (N/A} IN THE SPACE BELOW If a publiclv-ov.'Iled comoration. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person County of San Diego Title Dept. of General Services Address 5555 Overland Avenue San Diego, CA 92123 0\\11'.'ER (Not the owner's agent) Corp/Part Fee Ownership Title ----------------Address. _____________ _ Provide the COMPLETE, LEGAL names and addresses of ALL persons ha...-ing any ov.nership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporation, etc.). If the ov.nership includes a corporation or partnership. include the names, title, addresses of all indi"iduals ovming more than 10% of the shares. 1F NO INDIVIDUALS O\VN MORE 11-I.A ... 'I i0°o OF T'tlE SHARES. PLEASE IlfiliCATE NON-APPLICABLE (N/A) IN 1HE SPACE BELO\V. If a pub1ic1v- mmed corporation. include the names, titles. and addresses of the corporate officers. (A separate page may be attached if necessary.} Person Same As 1 Corp/Part Same As L Title. _____________ _ Title. _______________ _ Address. ____________ _ Address. ______________ _ 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602--4600 • FAX (760) 602-8559 @ 3. ~ON-PROFIT OR.1'f!ZATIO!\'. OR TRCST N/A • If any person identified pursuant to ( 1) or (2) above is a nonpronr orgamzarion or a trust, hsr the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. - Non Profitffrust Non Profit/Trust ---------------------- Tit le Title ------------------------------ Address ____________ _ Address --------------- 4. Have you had more than $250 worth of business transacted W1th any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0Yes ~ No If yes, please indicate person(s): _______________ _ ~OTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date County of San Diego Print or type name of owner Print or type name of applicant Department of General Services for County of San Diego H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 - • • • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: New North County Animal Shelter APPLICANT NAME: county of San Diego Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: (SEE ATTACHED) Project Description 10/96 Page 1 of 1 • PROJECT DESCRIPTION: NORTH COUNTY ANTh1AL SHELTER The County of San Diego Department of General Services is proposing a phased ""Xpans•nn nf'th~ ,,.v,gt.ng No..-tl. r'r..n-nty Aniw<>l Sl-.ol+o-lona+eA n+ 'l,101 pnl~-n-A ;rpo----~ .1. 6.'-'.L.&. '-'.&. ...., VA.J. 1.-.LLL J. .L i.ll "\.,..,-VU.U. la.I ll\,,,J.l,\,,,.1 1 V L U Q.L L-tO J. a.J.VllJ.aJ. .t'1ll .l l Road, between Yarrow Drive and El Camino Real in the City of Carlsbad. The proposed expansion would increase the existing 6,000 square-foot Animal Shelter to 25,548 square feet on the 4.37-acre site. The project is to be completed in three phases and will include an adjacent, undeveloped 1.97 acre parcel located on the east side of the existing shelter. Development ·will include an expanded shelter facility, an increase of on-site parking, a 1/10-mile track and exercise area, fencing, and landscaping. The proposed project will require a re-zone to the PM zone (Planned fudustrial), which is consistent with the General Plan designation. The North County Animal Shelter is considered a "public building" permitted in this zone with the approval of a Conditional Use Permit. Currently, the Animal Shelter has 120 kennels, minimal facility rooms and 31 parking spaces. The proposed shelter will have 84 kennels (with expansion area for an additional 12) in specialized rooms designed for many types of animals. Rooms for small and large dogs, cats, exotic animals and corrals are also part of the new Shelter. Potential adopters will have "interact" rooms and there will be quarantine rooms for sick animals. Grooming, surgery, conference, and pre-euthanasia rooms, along with employee showers, project wildlife and a multi-disciplinary classroom will also be included. A 1/10-mile dog exercise track is proposed on the most easterly area of the property. The· existing eastern exit driveway to Palomar Airport Road will be demolished and a new entrance/exit located further to the east will be constructed. This will provide a second entrance as well as a new exit. The proposed expansion will include one designated Department parking area with 13 total spaces and a public parking area with 55 spaces for a total of 68 spaces. Other improvements associated with this project v.ill include manual sliding access gates to the parking areas, a loading area and appropriate signage. Fencing ,vill include a six-foot-high ornamental steel fence across the front of the public parking and a six-foot-high chain link fence elsewhere. The project will require grading approximating 6,000 cubic yards of cut and 6,000 cubic yards of fill. This project will be executed in three phases. Phase One will include construction of the new driveway, a portion of the 55 car parking lot and concrete walk and removal of the existing office building and parking lot. The existing office trailer will be relocated from the parking lot to the east parcel and will be provided ,vith temporary power and toilet facilities. The majority of the existing kennels will be fully functional during this phase. .. •' -• Removal of the existing east driveway and grading of the project site \.Vill occur during Phase Two. The proposed Animal Shelter Building ·will be constructed during Phase Two. T\n,...;-ng Dhas.o "rl-,,-..=,..o. +ho _ _;_..;'r'\,...11 ... ,"=''W"\ ..... .:l,1,.., .-.-..:I ... " ......... -.: ..... + ...... ..-1 u+.:1.:.....:_ ..... ~T.:111...-------.. -~➔ r,;-..l -t-1...--'-'LULll ill '-' .LllH ..... , Lil'-' ~•J.J.,5LUaJ. 1',..,llil ... J..> auu a;)l)U\...La1.c;u UUllUC.:> W.lll uc; 1C.!llUVt;u,, l:U.LU LllC new permanent parking areas and drive,vays will be built along ,vith the 1/10 mile track and exercise area. Twenty-Five employees will staff the Animal Shelter each day: one-veterinarian doctor, two veterinarian technicians and 22 general staff. The facility \\ill be open for approximately 40 hours per ,-veek. Hours of operation \\ill be from 9:30 a.m. to 5 :30 p.m. on Tuesday through Saturday and closed on Sunday and Monday. • • • • • CONDITIONAL USE PERMIT FINDINGS While an animal shelter is considered a "public building" which is a permitted use in the proposed Pt\1 Zone, it is subject to the approval of a Conditional Use Permit. The granting of a Conditional Use Permit (CUP) requires certain findings be made by the local jurisdiction. Those findings include necessity or desirability for the community, adequate accommodation of the use, compatibility ·with existing and future neighborhood uses, and adequacy of the road system to handle the use in question. The new animal shelter meets all those requirements. The County o,vned and operated animal shelter in Carlsbad has been serving the entire North County community at its present site for more than forty years. The Carlsbad operation is part of a countywide system that served 30,000 animals at three shelters in the past year. The shelter has been a good neighbor in the community, maintaining its site and surroundings, and prmiding animal sen-ices to North County residents who othernise ,vould have to drive long distances for pet licenses, shots, adoptions, education and emergency medical care. The surrounding airport and industrial uses assure compatibility \\ith the shelter. The new shelter while greatly upgrading the quality and type of services available for animals ,,'ill maintain the same physical contours and lov.' profile as to be nearly invisible from Palomar Airport Road. It ·will continue as a single story facility. In order to guarantee that the site would be adequate to accommodate the new building, an adjacent, undeveloped 1.97 acre parcel located on the east side of the existing shelter has been added to the original 2.40 acre site to make a total of 4.37 acres. Given the size of the new shelter at about 25,000 square feet, this is less than 5,800 square feet of building space per acre. The new shelter w:ill meet the City's landscaping, yard, fence and setback requirements. Because of the unusual topographic features of the site, a Hillside Development Permit (HDP) will be required for a retaining wall and the County of San Diego has submitted that application. The County of San Diego's environmental consultant, BRG Consulting has retained VRP A Technologies to perform a Traffic Impact Analysis for the new shelter. According to the traffic study, the impact associated ,vith a new animal shelter is considered less than significant. The existing level of service (LOS) on Palomar Airport Road is A. With the addition of this project that level of service remains A. The new facility ·will also provide more than double the number of current parking spaces (31 to 68). The County of San Diego Department of Animal Services does not anticipate serving more customers or handling more animals on an annual basis. The primary reason for the new shelter is to upgrade the County's quality and range of services for animals available to San Diego County residents in the North County . • • • <!ity of ccfrtsbad I :.I Fi ■i,i• el·M •J§•Eii I• ,14 ,ii HAZARDOUS WASTE AND SlJBSTA.~CES STATE:\-IE~T Consultation Of Lists of Sites Related To Hazardous \\·astes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5. I havl! consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICM1 Name: County of San Diego Address: Dept. of General Services 5555 Overland Avenue,San Diego, CA 92123 Phone :!'iumber: (858) 694-2093 Address of Site: 2841 Palomar Airport Road PROPERTY O\VNER Name:_--'SC...am="'-e ________________ _ Address: ________________ _ Phone Number: -------------- Local Agency (City and County): Carlsbad, San Diego County Assessor's book. page. and parcel number:_#_6_9_5_2_P_G_._3_9_1_2_1_3_-_0_2_0_-_1_8 ____________ _ Specify list(s): Ca Dept of Taxi c Substances Coutre], SD County Dept of :Euni;ro:wll.QRtal Health Records Regulatory Identification Number:--=-N~A=---------------------------- r San Diego County / 7 /28/03 Same --------------------at u re, Date Property O\\Tier Signature/Date Adnun.Co11111er Hull.'uic 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ --_,._ ,.,,,_ • The Hazardous Waste and Substances Sites (Cortese List) is a planning document used by the State, local agencies and developers to comply with the California a Environmental Quality Act requirements in providing information about the location of W hazardous materials release sites. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. Below is a list of agencies that maintain information regarding Hazardous Waste and Substances Sites. Department of Toxic Substances Control www.dtsc.ca.gov/database/calsites Calsites Hotline (916) 323-3400 State Water Resources Control Board www.swrcb.ca.gov/cwphome/lustis County of San Diego Certified Unified Program Agency (CUPA) Mike Dorsey Chief, Hazardous Materials Division Department of Environmental Health Services Hazardous Materials Management Division Mailing address: P.O. Box 129261 San Diego, CA 92112-9261 (619) 338-2395 Call Duty Specialist for General Questions at (619) 338-2231 fax: (619) 338-2315 www.co.san-diego.ca.us Integrated Waste Management Board www.ciwmb.ca.gov 916-255-4021 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superf und/sites/cu rsites (800) 424-9346 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm 5/19/03 - - • • • 07/21/2003 14:41 FAX 6192980146 BRG CONSULTING i1J002/014 • • ENVIRONMENTAL IMPACT ASSESSMENT FORM -Pl.RT I {TO BE COMPLETED BY TIIE APPUCANT) CASE NO:. _____ _ DATE: BACKGROUND 1. 2. 3. 4. 5. 6. 7. 8. 9. CASE NAME: North Cbunty Animal Shelter Expansion Projed;. City of Cil"lsb:¢1 LEAD AGENCY NAME A:ND ADDRESS: 1635 Faraday Ave., Q;rlsbad, CA 92!)08--7314 CONf ACT PER.SON AND PHONE NUMBER: Jennifer Ccx:ln 760,~60:.u2..,. • .:..46.,...3"'"7 ___ _ PROJECTLOCATION: 2481 Palana:r A:iJ::port Bnad,Carlsbad, CA 92008 PROJECT SPONSOR'S NAME AND ADDRESS: County of 5an DiE·go-General Services GENERALPLANDESIGNATION:PI (Planned Industrial) ZONING: IC. (Limited CbntroU OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e , permits, financing approval or participation agreements): ________________ _ PROJECT DESCRIPTION/ ENVIRONMENTAL SETIJNG AND SURROUNDING LAND USES: See attached project description • 1 Rev. 07126/02 07/21/2003 14:41 FAX 6192980146 -BRG CONSULTING • ilJ003/0l4 • ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: • • The summacy of environmental factors checked below would be potentially af ·ected by this project, involving at least one impact that is a "Potentially Significant Impact." or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agricultural Resources □ Air Quality ~ Biological Ri;sources □ Cultural Resources 0 Geology/Soils □Noise 0 Hazards/Hazardous Materials D Populirion and Housing 0Hydrology/Water Quality □ Mineral Resources □ Mandatory Firulings of Significance 2 D Public Services D Recreation □ T ran5I ortation/Circulation □ Utilitii's & Service Systems Rev. 07/26/02 • • • 0712112003 14:42 FAX 6192980146 BRG CONSULTING -~004/014 ENVIRONMENTAL IMPACTS STATE CEQA GUIDEUNES. Chapter 3, Article 5, Section 15063 :requires that the City c<induct an Environmental Impact Assessment to determine ifa project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the foim ofa checklist This checkliH identifies any physical. biological and hmnan factors that might be impacred by the proposed project and provides 11:le City with information to use as 1he basis for deciding whether to prepare an Environmental Impact Report {EIR.}. Negative Declaration, or to rely on a previously approved EIR. or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an infonnation source cited in the parentheses following each question. .A "No Impact" answer is adequately supported if the referenced infolllllltion sources show that the impact simply does not apply to projects like the one involved. A "No lmpact" answer should be explained -when there is no source document to refer to, or it is based on project-specific factors as well as general st indards. • "Less 'Than S~c::.nt !.-,:'!'cf' applies where there is supporting evidence that 1 he potential impact is not significantly adverse, and the impact does not exceed adopted genera! standards a .1d policies. • '"Potentially Significant Unless Mitigation lncOipOrated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation. and the City must describe 1he mitigi tion measures, .and briefly explain how they reduce the effect to a less than significant level • "Potentially Significant Impact" is appropriate if there is substantial evidence th it an effect is sigmficamly adverse. • Based on an •'EIA-Part I", if a proposed project could have a potentially signifi.cant adverse effect on the environment, but!!! potentially significant adverse effects (a) have been analyzed adequately in -an earlier BIR or Mitigated Negative Declaration pursuant to applicable standards and (b} have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, incluc.ing revisions or mitigation measures that are imposed upon the proposed project, and none of the .:ircumstances requiring a supplement to or supplemental EIR are present and all the mitigation meas .rres required by the prior environmental document have been incorporated into this project. then nc additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier :nR. pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Con •,idetations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial :!vidence that the project or any of its aspects may cause a signjficant adverse effect on the enviromnent • If there are one or more potentially significant adverse effects. the City may av(,id preparing an E1R if there are mitigation measures to ciearly reduce adverse impacts to less 'lhan signi ;jcant, and those mitigation measmes are agreed to by the developer prior to public review. In this case, the appropriate «potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. 3 Rev. 07126/02 • • • 07/21/2003 14:42 FAX 619298.~ BRG CONSULTING -lil.l005/014 • An ~ must be prepared if "Potentially Significant Impact" is checked. and including but not limited to 1he following citcumstances: (1) the potentially significant adverse effect bas not been discussed or mitigated in an earlier EIR. pursuant to applicable standards, and the developer does not agree to mitigation measures 1hat reduce the adverse impact to less tlum significant; (2) a ·•statement of Oven:idmg Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than signricant; or (4) through the BIA-Part I analysis it is not possible to determine the level of significance for a potentially adverse efiect,. or determine the effectiveness of a mitigation measure in reducing a potentially si,g.ilii.cant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at tlu. end of the fonn under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 4 Rev. 07 /26/02 • • • 07/2112003 14:43 FAX 619298.6 BRG CONSULTING Issues (and Supporting Information Sources) . (Supplemental documents may be referred to and attached.) L .AISTHETICS -Would the project": a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic bighv,ray? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new soum: of substantial light and glare, which would adversely affect day or nighttime views infue area? ll. AGRICULTRAL RESOURCES -(In detcnni.ning whether impacts to agricultural resomces are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Asses.stnent Mode1-1997 prepared by the C'.alifomia Department of Conservation as a., optional mod.el to use in assessing impacts on agriculture and farmland.) Would the project a) Convert Prime Fannland, Unique Farmland, or Faonland of Statev.ide Importance (Farmland). as shown on the maps prepared pursuant to the Fannland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment. which, due to their location or nature, could result in convezsion of Farmland to non-agricultural use? Ill. AIR QUALITY -(Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contnoute substantially to an existing or projected air quality violation? 5 Potentially Significant Impact □ □ □ □ □ □ □ □ □ - Potentially Significant Unless Mitigation lncotp0rate 1 □ □ □ □ □ □ □ LessThan Significant Impact □ □ □ □ □ Q lil!006/014 No Impact □ □ □ □ Rev. 07/26/02 • • • 07121/2003 14:44 FAX 619298. BRG CONSULTING Issues (and Supporting Infoxmation Sources). (Supplemental documents may be referred to and attached.) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attammen:t under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors 1D substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES-Wouid me project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate. sensitive, or special· status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing. hydrological interruption, or other means? d) Interfere substantially with 1he movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopred Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Impact tn"butary areas that are environmentally sensitive? 6 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ -Potentially Significant Unless Mitigation JncorponltC(l □ □ □ □ □ C, LcssThan Significant Impact □ □ □ □ □ @007/014 No Impact □ □ □ □ □ □ □ □ Rev. 07/26/02 • • • 07/21/2003 14:44 FAX 619298•6-BRG CONSULTING Issues {and Supporting Information Sources) • (Supplemental documents may be referred to and attached.) V. CULTURAL RF.SOURCES -Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an arcbeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontologi- cal resom:ce or site or unique geologic feature? d) Disttub any human remains. including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS -Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Bllpture of a known earthquake fault. as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist fur the area .or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Resmt in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. and potentially result in on-or off-site landslide, lateral spreading, subsidence, lique:fuction, or collapse? d) Be located on expansive soils, as defined in Table 18 -1-B of the Uniform Building Code {1997), creating subsuurtial risks to life or property'? 7 Potentially Significant Impact □ □ □ 0 □ □ □ D □ □ □ Potentiall) Significan Unless Mitigatio11 Incorporatc:d □ □ □ D □ C C Ci [] LessThan Significant hnpact □ □ □ □ □ □ G] □ [lJ00S/014 No Impact Gl □ □ i;J □ □ Rev. 01 a6102 07121/2003 14:45 FAX 619298. BRG CO!\Sl1LTL'liG -iai 009/014 Issues (and Supporting Information Sources). Potential!!' •• (Supplemental documents may be referred to and attached.) Significan, Potentially Unless LessThan Significant Mitigatim: Significant No Impact Incorpom-d IJ11}11Ct brq)act e) Have soils incapable of adequately supporting the □ □ □ ~ use of septic tanks or ahernative wastewater disposal systems where sewers are not available for the disposal of wastewater? vn. HAZARDS AND HAZARDOUS MATERIAI.S- Would the project a) Create a significant hazard to the public or the □ □ □ environment through the routine transport, use, or disposal ofhaz.ardous materials? b) Create a significant hazard to the public or □ □ lli] □ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or □ □ □ acutely hazardous materials, substances. or waste within one-quarter nu1e of an existing or proposed school? d) Be located on a site which is included on a list of □ □ □ Q hazardous materials sites compiled pursuant to • Government Code Section 65962.5 and. as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan. or □ C E] □ where such a plan has not been adopted, within two miles of a public airport or public use airport. would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, □ [] □ @ would the proje.:t result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with □ [] □ [!] an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of □ Cl □ Ii] loss, injury or death. involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY -Would the project: a) Violate any water quality standards or v1taste □ [] □ discharge requirements? • 8 Rev. 07/26/02 • • • 07/21/2003 14:45 FAX 619298. BRG CONSULTING Issues (and Supporting Informa:lionSources). (Supplemental documents may be referred to and attached.) b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter 1he existing drainage pattem of the site or area. including through the alteration of the COU[SC of a stream or river, in a manner, which wouid result in substantial erosion or siltation on-or off- site? e) Substantially alter the existing drainage pattern of the site or area. including through the alteration of the comse of a stream or river, or substantially increase the flow :rate or amount (volume) of surface ronoff in a manner, which would result in flooding on-or off: site? f) Create or contrI'bute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? h) Place housing within a 100..year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insumnce Rate Map or other flood delineation map? i) Place within 100..year flood hazard area structures, which would impede or redirect flood flows? j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a: levee or dam? k) Inundation by seiche, tsunami, or mudflow? 1) Increased erosion (sediment} into receiving surfuce waters. m} Increased pollutant discharges (e.g., heavy metals. pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surf.ace water quality (e.g., temperature, dissolved oxygen or turbidity)? 9 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ -Potentiall :' Significar t Unless Mitigation Incorporated D □ □ □ Cl [] CJ [] [] [] [] [] LessThan Significant Impact □ □ □ □ [ii □ □ □ □ □ fm0l0/014 No Impact ·D □ Rev. 07/26/02 07/21/2003 14:46 Fil 619298~. BRG CONSULTING TIJOll/014 -Issues {and Supporting Information Sources). Potentially (Supplemental documents may be referred to and attached.) Significant Potentially Unless LessThan -Significant Mitigation Significant No Impact lncorporatec I Impact Impact n) Changes to receiving water quality (marine, :fresh or □ □ ~ □ wetland waters) during or following construction? o) Increase in any pollutant to an already impaired □ □ w □ water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater □ □ [i] □ receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING -Would the project: a) Physically divide an established community? □ □ □ GI b) Conflict with any applicable land use plan. policy. or □ □ □ GI regulation of an agency with jurisdiction over the project (includillg but DDt limited to the general plan. specific plan, local coastal program, or zoning ordinance) adopted for the pmpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation □ □ □ plan or natural commmrity conservation plan? X. MINERAL RESOURCES -Would the project: • a) Result in the loss of availability of a known mineral □ □ □ resource that would be of future value to the region and the residents of the State? h) Result in the loss of availability of a locally □ □ □ Gl important mineral resource recovery site delineated on a local gene~l plan. specific plan, or other land use plan? XI. NOISE -Would the project result in: a) Exposure of persons to or generation of noise levels □ □ [i] □ in excess of standards established in the local general plan or noise ordinance or applicable standards of o1her agencies? b) Exposure of persons to or generation of excessive □ □ □ groundboume vibration or groundbourne noise levels? c) A substantial pennanent :increase in ambient noise □ □ [iJ □ levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in □ □ ~ □ ambient noise levels in the project vicinity above levels existing vvithout the project? • 10 Rev. 07/26/02 • • • 07/21/2003 14:47 FAX 6192980146 BRG CONSULTING -Issues (and Supporting Infonnation Sources). (Supplemental documen15 may be refeired to an.cl attached.) e) For a project located within an airport land use plan m; where such a plan has not been adopted, within 2 miles of a public airport or public use aiiport. would the project expose people residing or working in the project area to excessive noise levels? t) For a project within the vicinity of a private airstrip, would the project expose people residing or worldng in the project area to excessive noise levels? XII. POPULATION AND HOUSING -Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through cxrension of roads or other infrastructure)? b) Displace substantial numbers of existing housing. necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBUC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government fucilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other perfomumce objectives for any of the public services: i) Fire protection? ii} Police protection? fu) Schools? iv) Parks? v} Other public facilities? XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other :recreational facilities such that substantial physical deterioration of · the facility would occur or be acceletated? 11 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ -Potcntiall) Significan· Unless Mitigatior Incorporat~d □ □ □ □ □ □ □ □ □ □ □ LessThan Significant Impact [iJ □ □ □ □ □ @012/014 No Impact □ □ □ □ □ □ Rev. 07126/02 • • • 07/21/2003 14:47 FAX 6192980146 -BRG CONSULTING Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) b) Does the project include recreational .facilities or require 1he construction or expansion of recreational .facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC -Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either :individually or cumulatively, a level of service Slal1dard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompanole uses (e.g., mm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS -Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, tbe construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage .facilities or expansion of existing facilities., the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and 1·esources, or are new or expanded entitlements needed? 12 Potentially Significant Impact □ □ LJ □ □ □ □ □ □ □ □ □ -Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ D □ ~013/014 No Inq,act □ □ □ □ □ □ Rev. 07/26/02 • • • 07121/2003 14:48 FAX 6192980146 --BRG CONSULTING Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) Result in a detennination by the wastewater treatment -provider, which serves or may serve the project fuat it has adequate capacity to serve tlie project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state. and local statutes and regulations related to solid waste? XVIL MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the envirolllD!nt, substantially reduce the habitat of a fish or wildlife 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 endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable'' means that the incremental effects of a project are considerable when viewed in connection with the effects of past prQjects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? XVIlI. EARLIER ANALYSES Potentially Significant Impact □ □ □ □ □ □ -Potentialy Signifief nt Unlw Mitigatiln Incoxpon.ted D □ C [] [] LessThan Significant Impact □ ijl!0H/014 No Impact □ □ □ □ □ Earlier analyses may be used where, puISuant to the tiering, program BIR. 01 other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or ne ~five declaration. Section 15063(cX3){D). In this case a discussion should identify tlie following on attt ched sheets: a) Earlier analyses used. Identify earlier analyses and state where they :ire available for review. b) Impacts adequately addressed. Identify which effects from the ab.we checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation m:asures based on 1he earlicc analysis. c) Mitigation measures. For effects that are "Less Than Significant Hi.th Mitigation Incorporated." descnoe the mitigation measures, which were inco:iporatcd or refu ed from the earlier document and the extent to which they address site-specific conditions for the J ,roject. 13 Rev. 07/26/02 ~ ~~~ '--{'M +30o ·ZGtYZ--t>oS"l --k County of San Diego Real Estate Services 5555 Overland Avenue Suite 2900, Bldg 2, Room 110 San Diego, CA 92123-1294 Attn: Lewis Farias/Debbie Baley Your Reference No: 665621 Property Address: Vacant Land "")r:"'-., r, ., I l..1-., .-, .11.,f j 1_1 'I : . r> 750 "B'' Street Suite 2350 San Diego, CA 92101 g: 2 9Phone: (619) 233-3000 -f J J _,. r CI'✓ Our File No: 01083936 -609 -611 Title Officer: Susan Rykowski Title Officer: Helen Wilson (SRykowski@Landam.com) (HWilson@Landam.com) Phone: (619) 233-3000 Fax: (619) 233-4609 1st AMENDED PRELIMINARY REPORT Dated as of June 19, 2003 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. Toe printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in Exhibit B attached. 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 facilltating 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. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CLTA Preliminary Report Form (Rev 1/1/95) Page 1 File No: 01083936 SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only The estate or interest in the land hereinafter described or referred to covered by this report is: AFEE 11tle to said estate or interest at the date hereof is vested in: County of San Diego The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form (Rev 1/1/95) Page 2 File No: 01083936 - Exhibit "A" All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of the following described property lying Southerly of Palomar Airport Road and Westerly of Record of Survey Map No. 9399 filed in the Office of the County Recorder of San Diego County, February 27, 1985, 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, described as follows: Beginning at a point 5 on the Northerly line of said Lot "G"; thence along said Northerly line North 69°53'25" East (record North 79°20'00" East) 2350. 76 feet to the True Point of Beginning; thence retracing along said Northerly line, South 69°53'25" West, 2350.76 feet to said Point 5; thence along the Northerly line of said Lot, North 73°55'42" West (record North 74°25'00" West) 902.35 feet; thence leaving said Northerly line South 79°42'20" West 1061.30 feet; thence South 10°17'40" East, 1000.00 feet; thence North 79°42'20" East, 2000.00 feet; thence South 10°17'40" East, 1000.00 feet; thence North 79°42'20" East 2043.09 feet to an angle point in the Northwesterly boundary of Carlsbad Tract No. 73-49 according to Map thereof No. 8054 of Official Records; said point being on the arc of a 1937 foot radius curve, concave Southeasterly; a radial to said point bears North 40°40'30" West; thence along said Northwesterly boundary along the arc of said curve, through a central angle of 04°34'22" a distance of 154.59 feet; tangent to said curve North 53°53'52" East 737.13 feet and North 55°01'15" East 255.13 feet to a point in the Southerly line of land designated Palomar Airport on Record of Survey Map No. 6493 of Official Records, thence along said Southerly line North 79°42'20" East to the Easterly line of said Lot G; thence Northerly and Northwesterly along said Lot line to a point which bears North 79°42'20" East from the True Point of Beginning; thence leaving the Northeasterly line of said Lot, South 79°42'20" West, along said last mentioned line, 2750.00 feet, more or less, to the True Point of Beginning. EXCEPT THEREFROM Parcel 1, above described, all oil, gas and mineral rights in said land, without, however, the right to drill, mine, explore and operate through the surface or the upper 100 feet of the sub-surface of said property or otherwise in such manner as to interfere with the use or proposed use of said property, or in any manner so as to interfere with the use or proposed use of said property, or in any manner as to endanger the safety of any airport or building or structure that may be constructed or proposed to be constructed on said property, as reserved by Carlsbad Properties, a Co-Partnership, for a period of 50 years from January 22, 1958 in Deed recorded February 17, 1958 in Book 6952, Page 391 of Official Records of San Diego County. Assessor's Parcel Number: 213-020-18 CLTA Preliminary Report Form (Rev 1/1/95) Page 3 FileNo: 01083936 - SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2003 -2004 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement document Purpose: for the purpose shown below and rights incidental thereto as reserved in a Carlsbad Properties, a Co-Partnership Recorded: Affects: February 17, 1958 in Book 6952, Page 391 and April 3, 1974 as File No. 74-083015 both of Official Records The exact location and/or extent of said easement is not disclosed in the public records. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: County of San Diego The right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of Palomar Airport Road where required for construction and maintenance February 16, 1960 as File No. 31696, August 16, 1960 as File No. 165716, October 4, 1960 as File No. 198369 and July 19, 1961 as File No. 123686 all of Official Records The exact location and/or extent of said easement is not disclosed in the public records. 3. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record of Survey Record of Survey No. Recorded 4. An easement for the document Granted to: Purpose: Recorded: Affects: 6493 December 15, 1964 purpose shown below and rlght;.s incidental thereto as set forth in a San Diego Gas & Electric Company public utilities, ingress and egress October 14, 1966 as File No. 165831 of Official Records said land more particularly described therein. 5. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record of Survey Record of Survey No. Recorded Form 2210-11 (6/2/98) 9939 February 27, 1985 Page 4 FileNo: 01083936 - 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: 7. An easement for the document Granted to: Purpose: Recorded: Affects: San Diego Gas & Electric Company public utilities, ingress and egress January 6, 1986 as File No. 86-003913 of Official Records said land more particularly described therein. purpose shown below and rights incidental thereto as set forth in a City of Carlsbad, a Municipal Corporation Drainage July 15, 1992 as File No. 1992-0443329 of Official Records said land more particularly described therein. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad, a Municipal Corporation Slope and construction July 15, 1992 as File No. 1992-0443332 of Official Records said land more particularly described therein. 9. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: Executed by: Recorded: Requirements: NONE Form 2210-11 (6/2/98) "Notice of Restriction on Real Property" April 17, 2002 City of Carlsbad and Golf Course Hotesl May 24, 2002 as File No. 2002-0445741 of Official Records Page 5 FileNo: 01083936 - INFORMATIONAL NOTES NOTE NO. 1: Privacy notice (15 U.S.C. 6801 and 16 CFR part 313): We collect nonpublic personal information about you from information you provide on forms and documents and from other people such as your lender, real estate agent, attorney, escrow, etc. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. NOTE NO. 2: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 3:califomia insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on Investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: UNION BANK 530 "B" STREET SAN DIEGO, CALIFORNIA 92101 BANK NUMBER: 122000496 CREDIT: Commonwealth Land lltle Co. ACCOUNT NUMBER: 9100899563 RE: 01083936 609 -611 PLEASE INDICATE Commonwealth Land Title Company ESCROW OR TITLE ORDER NUMBER Form 2210-11 (6/2/98) Page 6 File No: 01083936 NOTE NO. 4: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, OHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. NOTE NO. 5: If taxes are posted paid less than 45 days, the Company will hold the tax amount plus delinquency amount until 45 days have elapsed. If taxes have been paid through an impound account or if a copy of the cancelled check can be provided to us, this requirement can be waived. NOTE NO. 6: If taxes are posted paid less than 45 days, the Company will hold the tax amount plus delinquency amount until 45 days have elapsed. If taxes have been paid through an impound account or if a copy of the cancelled check can be provided to us, this requirement can be waived. Form 2210-11 (6/2/98) Page 7 Exhibit B ~v. ,ll/98) .. CALIFOR.J."IIALAND 'ITTI,E ASSOCIATION 9' STANDARD COVERAGE POLICY -1'90 EXCLUSIONS FROM COVERAGE The followmg matters= expressly exci.lded from the cov,nge ofllul policy md the CCE1p111y will not pay k>ss or damage. costB, attorneys· fees or c,q,,ma, wluch arise by~ of I. (1) Aily law, ordmance or governmental regulation (includmg but not limrted to bw.ld,ng or zorung Jaws, ordinances, or regulations) =ctmg. regulating, prolubmng or relating to (ij the occupancy, use or enJO)'IIlen! of the land (u") !he chancier, dmonslOllS or locatJOn of any inprovcment now vr hereafter ctected on the land (fu) a separation in O"llCISlup or a~ m the dnnO!lSlons or area of the land or an}' parcel of Mliclt the land is or was a part; or (IV) environmental protccwn, or lie effect of any viola!Jon of these laws, ordinan= or gov=en!ll rogulation&, except to the extent !hat a notice of the enforcement thereof or a notice of a defect, lien, or cru:umbrance =nl!Jng from a violation or alleged violatJOn alfectmgthe land has been recorded m the pubbc records at Date of Polley. (b) Any govemmenlal police power not excluded by (a) above, except to 1he atent lhat • nollce of the exeroise thereof or notice of a defect, hen or t11CU1I1bnncc resulnng from a violatron or alleged VIolation alfecting the land Jw, been recorded in the public records at Date of Policy. 2 Rjghla of=t dttnul unless IJO!ice of the =ise thereof has been recorded n !he public records 1! Date of Policy, but IJOI excludmg frcm covm.ge any takingwluchhas occurred prior to Date of Polley whJch would be bmdmg 011 the rights ofa purchaser for value wllhout knowledge. 3 Defects, liens, enc:umbranc<s, l(fve,se claims or other matters: (a) whetha or not recorded n the pub be records at Date of Pol.icy, but created, suffered, assumed or agreed lo by 1he insured claman!: (b) not known to the Ccmpany, not recorded in the public records at Date of Policy, but l:no"'n !o the insured clannant and not disclosed in wnnng to the Company by the insured claimant pnor to the date the insured claimant became an nsured mder !hJ; policy; (c) Resulting lll no bas or damage to the insured clunant; (d) Attaching or created suboequmt to Date of Policy; or (e) Resultmgin bas or damage which would not have bccnsos~d lfthe insured clunanthadpaid value for!he insuredmortgsge or for the estate or lnlercot insured by1hil polic)• 4 Uncnforceab!bty of the lien of the insured mortgage because of the iaabillly or fililure of the insured at Date of Policy, or the mabilrty or fiuJure of any subsequent owner of the mdebtedness to ccrnply with the apphcable doing business laws of the state m whx:h the land JS situated. S lnvahdtty onmenforceability of the lien of the nsurcd mortgage, or clain !hereof; which arises out of the transac!JOn evidcnoed by the mured mortgage and JS based upoo usmy or any oonsumr:r credit protectJOn or 1l:Uth m Jcndmg law 6 Aily claim, wluch aoses out oflhe transaction vest,og in the insured the estate or mtercsl insured by flus policy or !he !ransaction cnatmg the mtercst of the nsurcd lender, by fOaS<:ll of!hc operation of federal bankruptcy, state nso!Ycncy or sinilar creditors' rlghtB laws EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I 1hz pol.icy does oot msurc against k>ss or damag,: (and the Canpany will not p&y costs, 1ttomeys' fees or npcnses) wluch ar& by reason of I Tues or assessments whx:h are not shown as eJ<istmg liens by !he records of any tax.mg authonty fuat levies taxes or assessments en real property orb; the public records Proceedmgs b; a jXlblic agency .,'lucll ma; result m tnes or usessmmts, or nouces of such proceedm8s, whether or not llhown by the records of sw:h agency or by the pub he records 2. Al:J.y facts, nghls, ntcrcsll, or clams wluch are not •hown by the pub he records but which could be asccnamed by an iospectJOn of the land wh,ch may be "8Selted by pcrsOO! m possesslOil thereof 3 Buements, hens or encumbrances. or clam:is !hereof, which.,. not shown by the pubhc records 4 ~..., conlhcl! m bolllldary lines, shomge .in area, cncroachmentB, or any other filcts which a correct survey would disclose, md wluch are not shown by !hc public records. S (a) Uipatented Illllllll8 clams, (bl rcservatJOns or except,ons .in paten!s or n Acts autho=g the l.'!Suanre thereof, (c) water ngh!S, claim., or title to water, whether or ru,t the m,.tt= excepted under (a), (b) or (c) are shown by 1he pubhc records CALIFORNIA LA.~D 'ITTI,E ASSOCIATION HOMEOWNER'S POLICY OF 1111..E I!'JSURA."lliCE (,111,8) EXCLUSIONS In addJticm to the El<ceplmol n Sc.bealll, B, You are not nsurcd agalllSI loss, costs, attomeys' fees, and expcns,5 =ltmg from I GoYmllllerllalpohce power, and !hc eustcnce or V10lahon of any law or government regula!Jon ThJs ncludes ordman,;es, la..,. and regulat,ons COl1Cl:mltlg" a. bllildmg b ZOlllllg C land USO d. ,mprovallClts oa the Land • land d!vis.,n f enVIronmcntal protectJOn nu. Ex.cluslOll docs not apply to VIOiations or the enforcement of these matters If notice of the v.iolation orfflforccmentappeam n the Pubbc Records 1! the Polley Date. 1lu, Ex.clusion does not !mi! the coverage descri>edm Covered RJSl: 14, 15, 16, 17 or 24 2 'Ihe &ilure of Your CXJStlllg structures, or any part of!hcrn, to be constructed in accordance w,th appbcable bUilding codes. 'llus JlJ<clusJOll does not awly to viola!Jons ofbuildmg codes if notice of the VIO!atlon appears in the Public Records at the Pobcy Date. l The nghl to take the Lmd by cmdemmg J/;, unless: a. anobce ofexercismgtherightappcan, in the Public Records at !he Policy Date; or b. the taklllg happened before the Policy date md is binding on You if You bought the Land w11!mut l:nowmg of the taking. 4 Rm a. !hat are created, allowed, or agreed to by You. wru,!her or not they appear in !he Pubhc Records, b !hat llR known to You at the Policy Date, but not to Us, unless !hey appear in the Pubbc Records at the Policy Date; c !hat result ,n no los8 to You; or d. !hat mt occur after !he Polley Date -!his does not limit the coverage described n Covered RJSk 7, 8d, 22, 23, 24 or 25. S Fawre to pay value for Your 'I'ltle. 6 I..adc ofa:cight a. to any land outside !he area specifically described and referred to in paragraph 3 of Schedule A:, and b n streets, aJleyB, or waterways !hat tow:h the land. 'Thi& !!xclusJOn does not lmnt the covCI11ge descnbed in Covered RJSk 11 or 18. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ('-1-87) EXCLUSIONS In addition to the l!xcepbom lll Sch.odole B, you.,. not insured against bis, coets, attorneys' fees, awl expenses rcsuitiog from: I Goverurnental police power, awl !ho existence or violation of any law or government regulatJOn. 'Dus includes buildmgand zoning ordmances and also laws and regulations concerning: Land use lmprovcmenls 011 the land LanddMsion EnVIronmental protectJOn 1lu, ncluslOll does not apply to VIOiations or the enforcement of these matters wluch appear in !he public records at Policy Date 1hiB excluslOil does not bnut the zonmg coverage described n items 12 and 13 of Covered Title RJSks. 2 'Ihe right to tal::e the land by conde:mmng it, unless, Anobce ofexcrcismg the tight appears in the public records on the Pobcy Date The tal::icghappcned pmrto the Policy Date and is bnding on you lfyou bought !he land without koowing of the tal::mg 3 TJtleR.JSb. • That are created, allowed, or agreed to by you That are known to yoo, buu,ot to us. on the Polley Date -unless they appeared in the Public Recc,rds That result m no bas to yw That rust affect your title after the Po hey Date -!hJo does not lmut the labor and matenal licn coverage m Item B of Covered TJtle Risks 4 Failure to pay ,-aJue for your title S I...ackofanght To any land outside !hc arcaspecJfw;allydescribed andrcmrcdto inltem3 of Schedule A OR In streets, alleys, or Wlterway> that touch your land 'llus ei<cluslOll does not Jmut the acoess coverage .m Item 5 of Covered Title R.JSb Form 2210-11 (6/2/98) Page 8 AMERICAN LA.'!lffi TITLE ASSOCIATION LOAN :POLICY (10-17-,92) WITHAL TA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN :POLICY (10-17-92) WITHALTAENDORSEI\IENT-FOR.'f 1 COVERAGE EXCLUSIONS FROM COVERAGE Th,: followmgma!tclliare expressly excluded from the coverage of this pohcy and the Coo,pany will not pay Joss or damage, costs, attome,'s fees or expenses which arise by reason of l (a) Any law, ordmanoe or govcmmenlalregulatk>n (including but not lmnled ta bwldiog and zoning Jawa, ordiomoes, or regulatJansJ restnoting. regulatmg, prohibiliog or relating to (i)1he occ:uparu:y, use or enjoyment of lhc land; (iI1 lhc cliaracter, dimensions or Jocatx>n of any ,mprovcment oow or berealter erected on 1hc land; (iil) a sepm:ation m ownership or a ohanBC in 1hc <fuiensions or area of!he land or any parcel of wluch !he land is or WIii a part; or (iv) environmental protection, or 1hc effect of any violatk>n of these lawa, ordioances or governmental regulations, except lo 1hc extent that • no bee of the enforcement !hereof or ano!Jcc of a defect, lien or encumbrance resultmg from a violailin or alleged violabon aff'ectmg the land has been recorded in 1hc public records at Date of Policy. (b) Any goV1'!1llilental poh:e power not excluded by (a) aoove, except lo 1hc extent that a nobce of!he exercme thereof or a notice ofa defect, lien or encumbrance =ulbng from a violabon or alleged violabon effectmgthc land has been recorded in the public records at Date of Po!Jcy 2 Rights of emnent dmiain mlcss oobce of the exerci&e thereofw been recorded 111 the public records at Date of Policy, but not exchlding from coverage any taking w:hich ha5 occum,d prior ta Date of Policy which would be bmdmg on !he nghts ofa purchaser far value without knowledge 3. Defects, !Jem, =nrnbrances, adVCISe cluma or other matters· (a) created, suffered, assumed or llg[eed lo by 1hc msured claimant; (b) not known lo 1hc Canpany, DD! recorded m 1hc public records at Date of Policy, but knov.u ta 1hc insured clunail! and not disclosed 111 wntmg to !he Compau; by the lllSured clunant pnor ta 1hc date !he msured clunant became an msured JJnder this policy, (c) resultlllg illno loss or damage lo 1hc msured claimant; (dl attaclmg or created subsequent 1o Date of Pohcy (except lolhc extait that tlus policy lllS1lRS thcpoor,ty of the lien of the insuredmoJtsage over any ,tatutory lien for scrv,ces, labor or material or to 1hc extentlDSUr111C< 11 alfordedherem as to asscsmienls for street,mprovement,, uoder CO!l6tf!lcmn or completed at Date ofPohcy); or (e) resultmg ll1 Joss or damage wluch would not have bcensuslulcd lflhc ll1Sured clunantlwipaxi vab for!he msunodmortgage 4 Uu::nforceability oflhc lien of!he msuredmortgag,, be<ause of the mbility or fuJure of lhc lllSured at Date of Policy, or !he mabwty or fuJurc of any subsequent owner oflhc mdebtedncs&, to comply wllh apphi:able domgbusmess law,; oflhcstate m which the land is >Jtuated. S InYllldJI),· or rmcforceability of the lien of the JOSUted mortgage, or clam ll:u:reot; w!uch ames out of !ht tramaclJon evidenced by 1be :mured mortgage and is based~ usu,y or aoy CODBumcr cre<h! protecbon or tnJ!h m icndJl1g law 6 Any s1atlm<y lien for servres, labor or matemls (or !he clun ofpnonty of any .ututor;-lien forservJ<a, labor or mateoals over th< hon oflhc msured mortgqc) arlllllg from an mprovemmt or wad: wluch at Date of Polley the lDl!ured bu advanced or II obligated ta advance 1 Any claJlll wlu,:h ar&s out oflhc lranlaction rn:atmg!he mterat of the mortgagee JDSured by lllJI Policy, by reason oftbl: opcntx>n of lederu bank,uptcy, .Ute :molvcncy, or smilar credaora' ri£b11! la1"'S, 1hat11based011- (i) 1hc lranlactm mating tbl: merest oflhc mured rno11gagee be,ng deemed a ftandulent con~ or ftaudule:nl trlllmr, or (11) lhcsubordmationofthe lllerest oflhcmsured mortgagee as a re!Ul of!he applicauon oflhcdocttm,: ofeqllllablc subordmatx>n. or (111) the tramactx,n matmgthe mterest oflhcmuredmortgagee bemgdeemedapre (•) lo t=l) record 1hc mtnlmenl oftnnsfer; or (b) of such recordatx>n ta ,mpart nobce lo a purchuer for value or &Jud&ment or lien credsor The above policy forms may be IISUed to afford dher Standard O>verage or Extended Coverage. In addti:m lo the ~ Exclusions fum Coverage, the Excepti:,ns fum Coverage m a Standard Coverage po!Jcy will ako J11C!wie 1hc followmg General Exceptions. EXCEPTIONS FROM COVERAGE This policy does not JDSurc against Joss or damage (and the Ccmpmy willnot pay cos15, attorneys' fees or expcmcs) which mse by reason of. L Taxes orassesmienls wluch are not shown as existiogliens bylhcrccords ofanyta:wgautborily that levlCS taxes or assessments on real property orby 1hc pubbc records. Proccedin,is by apubbcagency whichmayre!ult in taxes or assessments, or notices ofsnchproccediogs, whether or not shown by the records ofSllal agency or by lhcpubicrccords 2 Any lilcts, nghts, interests or cJun which are not shown by lhcpublic records but which coukl be l!Ce!lalned by anlll!pCction oflhclandor by makmginqwry ofpersom in possession !hereof 3. Easements,litns or encumbrances, or clams thereof; which are not shown bylhcpubbcrecords. 4. Discrepanc,cs, conflicts in boUDdary Imes, shortage m area, encroachmmts, or any other facts which a correct survey would dl!close, and v.fuch are not shown by the pubbc records. S. (a) Unpatentedminmg clam:ls, (b) reservafuns or excepbons 111 patents or in Acts authorizing the ESuancc thereof; (c) water nghts, cmms or title to water, whether ornot the matteis excepted llllder (a). (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S .POLICY (10-17-92) And AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S :POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The follow,ng mattm are expressly excluded from the coverage of this policy and 1hc Ccmpmy will not pay loss or damage, costs, attorneys' fees or expenses which arise by teas on of I. (a) Any Jaw, onlinance or govemmentalregulafun (mhlding but not lil:Itited to building and :zonmg Jaws, onlioanccs, or regulations):restticting, regulating, prohilltmg or relating ta (i) 1hc occupancy, use or enJOymenl oflhc land; (ii) the eharacter, d.m<nsi.,ns or location of any improvement now or horeallcr erected on the land; (fu') a separatx>n in ownership or a cll3Dge m 1hc dimenu:ms or area oflhc land or any parcel ofwhl=h 1hc land II or was a part; or (iv) envronmentalprotectxm, or 1hc effect of any VJO!allin of these Jaws, ordinances or govommenlalregulafuns, except lo 1hc extent that &none,, of lhc cnforcemeot1hereofor anobce ofa defect, lien or encumbrance resulticg from a violatx>n or alleged violatingaffectioglhc land has bctnrecorded n the public records at Date of Policy. (b) Any govemmentalpolicy power not excluded by (a) above, except lo 1hc extent that a notice of th< exerc11e !hereof or a notice ofa defect, lien or encumbrance r"'1111mg from a ti>Jatx>n or alleged VJOlati:ln alfectioglhc land has been recorded in the publie records at Date of Policy. 2 Rights of emment dcma,n unless notice of 1hc exerc11e thereoflw! been recorded m the pubbc records at Date of Policy, but not excluding from coverage any taking w!uch has occurred pnor lo Date of Policy which woukl be biruliug on 1hc nghts ofa pua:hascr for value Wllhout knowledge 3. Defects, liens, encumbran=, adve,:sc cluns or other matters: (a) created, suffered, assumed or llg[eed to by 1hc insured claimant' (b) not known ta 1hc Ccmpany, DOt recorded in 1hc pubbc records at Date of Polley, but known ta the insured claimant and not disclosed in w:ritinglo 1hc Company by the lllSUfed clltiman! prior lo the date 1hc msurcd claimant became an insured under this pobcy; (c) resnlbng mno loss or damage lo 1hc insured claimant, (d) atlal:hmg or c,,:ated subsequent ta Date of Policy; or {e) resnlbng in Joss or damage w!uch would not bave been sustained if the insured clunanthadpaxi value forlhc estate or iolerest J11Sured by this policy. 4. Any cJa,m, which 8flles out of the transac!Jon v.stmg m the lllSUl<d !he estate or interest insured by the policy, by reasm oflhc opcratiln of iederal bankruptcy, !late insolvency, or llDilar creditom' rights Jav.-s. that ... based on (i) 1hc transactJon creafuglhc estate or iuteresl =•d by this pohcy bemg deemed a fraudulent conv,yance or ftaudull:nt IIansfer; or (111 !he transact,on creamg!he estate or lllerest lDl!llfed by the policy bemg deemed a preferentiz.l transfer except where 1hc preferental IIansfer rcsul!s from 1hc lilwre. (a) to tJmdy recon! 1hc JIIStnlment ofliansfor; or (b) of such recordatx>n to mpart nobcc to a pun:ha&er for value or a judB=nt or lien credaor The above policy forms may be sued ta afford ellhu Standard Covenge or Extended Covenge In J.ddJlioo. ta !he above ExoluslDllS fttm Covc,qe, 1hc Except,ons ftCllll Coverage m • Standard Coverage Pohcy will also inclndc the fullowmg General BxceptJons EXCEPTIONS FROM COVERAGE Toa pohcy docs wtlDl!ure agalllS!Joos or damage (and the CCElJ)81ly will not pay costs.attorneys' fees or oxpenses) whlclurise by reason of 1 Taxes or &SSeslllllerltS wlllch are not shown as a..tmg hens by !he records of any tnmgautbotty that lcv1CS wu:s orllSICSllll<:ll1 on real property orby the pubbc recorda. ProccedmiJ,, by a pub be agency which may result lll taxes or a!8eSBtD<:llls, or nollCes of such proccediop, wtu,!her or not shown by the records of such agency or by tbl: pubx: recordo. 2. Any facts.rights, ll!lerests or clam wluch are not shov.u by the pubbc record5 but w!uch could be ascertamed by an:mpect>on oflhc land or by makmglllQUKY ofpemms Dlpoll8CSDI thereof 3. Basements, hens or encumbra=:s, or clams thereof; which are not shown by the public recorda 4 D,scn,panc,es, conflic1I m boundazy lines, shortage m an,a, encroadmJmla, m my other fiM:1a whx:h a com:ct survey would dmckile, and wlllch 111e not s1w,m by the pmlx: r.cords S. (a) U:,patenlled llllllqC!uns; (b) """"""tiona or ncept,ol>I mpalellll or m ActB autbomJl1g the llS1llllCC thereof, (c) water nghts, claims or we to water,~ or not the matters nceptcdunder C•J. (b) or (c) ar• shown by the public records ·®[t 5HT. _,. ---·--.:.. .:. .... ·'• ,. ·----·-=-• .. :;_•.--~-:-::::::---.. '-=:,---a ,..,. ______ .,.~"'-;":~·':"· ... ,.~ -~ ./ .: . . · .. .: ., .... ,, ..... ---- ,..:·: .. :.\ . \ .. :. . ~: '•' :;· .. ____-J· ~ AVIAi ION CHARTER ; t..:.::,Ji.:::_i SERVICE • . . : .. . --· .... ·. ~ALOMAR .. :.J I, •• ~ ·. ~. . . . . ' "·oti ... ·.·· .. ·:.-·:·:·.: ,':,,: ••• , 1 ··:: ,.,' •• . /t;.,,; AC. . ~· ,' r· ~ CARGO TRANSF'[:R r;:;;;-\_ PASSENGER PICK-UP.!. ~ DELIVERY SERVICE • . FUt;.L & LUBR~CE1i~~ CONCESSJ':)N r · ... •• ,. ....... . ~f'~;:J~-·:; ... /,.: ... ·~( File No: 01083936 -• Exhibit "A" All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of the following described property lying Southerly of Palomar Airport Road and Westerly of Record of Survey Map No. 9939 filed in the Office of the County Recorder of San Diego County, February 27, 1985, 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, described as follows: Beginning at a point 5 on the Northerly line of said Lot "G"; thence along said Northerly line North 69°53'25" East (record North 79°20'00" East) 2350.76 feet to the True Point of Beginning; thence retracing along said Northerly line, South 69°53'25" West, 2350.76 feet to said Point 5; thence along the Northerly line of said Lot, North 73°55'42" West (record North 74°25'00" West) 902.35 feet; thence leaving said Northerly line South 79°42'20" West 1061.30 feet; thence South 10°17'40" East, 1000.00 feet; thence North 79°42'20'' East, 2000.00 feet; thence South 10°17'40" East, 1000.00 feet; thence North 79°42'20" East 2043.09 feet to an angle point in the Northwesterly boundary of Carlsbad Tract No. 73-49 according to Map thereof No. 8054 of Official Records; said point being on the arc of a 1937 foot radius curve, concave Southeasterly; a radial to said point bears North 40°40'30" West; thence along said Northwesterly boundary along the arc of said curve, through a central angle of 04°34'22" a distance of 154.59 feet; tangent to said curve North 53°53'52" East 737.13 feet and North 55°01'15" East 255.13 feet to a point in the Southerly line of land designated Palomar Airport on Record of Survey Map No. 6493 of Official Records, thence along said Southerly line North 79°42'20" East to the Easterly line of said Lot G; thence Northerly and Northwesterly along said Lot line to a point which bears North 79°42'20" East from the True Point of Beginning; thence leaving the Northeasterly line of said Lot, South 79°42'20" West, along said last mentioned line, 2750.00 feet, more or less, to the True Point of Beginning. EXCEPT THEREFROM Parcel 1, above described, all oil, gas and mineral rights in said land, without, however, the right to drill, mine, explore and operate through the surface or the upper 100 feet of the sub-surface of said property or otherwise in such manner as to interfere with the use or proposed use of said property, or in any manner so as to interfere with the use or proposed use of said property, or in any manner as to endanger the safety of any airport or building or structure that may be constructed or proposed to be constructed on said property, as reserved by Carlsbad Properties, a Co-Partnership, for a period of 50 years from January 22, 1958 in Deed recorded February 17, 1958 in Book 6952, Page 391 of Official Records of San Diego County. Assessor's Parcel Number: 213-020-18 CLTA Preliminary Report Form (Rev 1/1/95) Page 3 • Shannon Werneke Full Name: Last Name: First Name: Job Title: Company: Business Address: Business: E-mail: E-mail Display As: - Paul, Anne Paul Anne Sr. Real Property Agent Dept. of Public Works, Airports 1960 Joe Crosson Drive El Cajon, CA 92020-1236 (619) 956-4819 Anne.Paul@sdcounty.ca.gov Paul, Anne (Anne.Paul@sdcounty.ca.gov} 1 - • • PLEASE NOTE: \ -,/ Time 1 imits 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 applicatio~co lete. When the application is complete, the processing period will start th d e com · letter. / ✓->~ / .---/· Applicant Signature: ' ~~-~~~~~~~ Staff Signature: i Dat~: -"'-----~--'-..-;;...--+------------------ To be stapled with receipt to application • Copy for file -·, ' ~ .. \ ... :.. ' I • • . ' 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 applicatio~~lete. When the application is complete, the processing period will start ';;7-jh d -------=-e co letter. Applicant Signature: Staff Signature: Date: _______ ___,,__ ______________ _ To be stapled with receipt to application Copy for file -