HomeMy WebLinkAboutMP 177S; AVIARA LOT 308; Master Plan (MP)O Condominium Permit
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CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES) AVIARA LOT 308 (FOR DEPT (FOR DEPT USE ONLY) V 0 g 0) USE ONLY)
fl Master Plan Amendment
General Plan Amendment
O Specific Plan )J Local Coastal Plan Amendment q. i
O Precise Development Plan Site Development Plan
1 rl Tentative Tract Map• I I 0 zone Change
Planned Development Permit I I 0 Conditional Use Permit
I 0 Non-Residential Planned Development j I 0 Hillside Development Permit I -
2) LOCATION OF PROJECT. ON THE West SIDE OF I Black Rail .Ct
(NORTH, SOUTH EAST, WEST) (NAME OF STREET)
BETWEEN Aviara Dr., I AND I Avi.ir Pirwy I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: Lot 308 of CT 85-35. Unit B. I -I
4) ASSESSOR PARCEL NO(S). I 215-612-24
5) LOCAL FACILITIES 19 J 6) EXISTING GENERAL PLAN OS I 7) PROPOSED GENERAL PLAN IR M 1 MANAGEMENT ZONE DESIGNATION DESIGNATION
8) EXISTING ZONING rr 9) PROPOSED ZONING 10) GROSS SITE I I N/A ACREAGE
11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION
RESIDENTIAL UNITS 1 OF LOTS
(RESIDENTIAL
COMMERCIAL
INDUSTRIAL)
141 NUMBER OF EXISTING RESIDENTIAL UNITS p I
15) PROPOSED INDUSTRIAL I N/A f 16) PROPOSED COMMERCIAL I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE N/A
NOTE A 3OPJ4pRCP .
REQIflBING ThAT OM APc11c&T1oN pn) Pac4OQpJ * FRM00016 8/90
n'Pk- ,1 ck 1r 17OO' -
now
6f J
I TOTAL FEE REQUIRED
DEC 17 1996
crrv n
DATE ÔD
• CflYQkRLSBAD • LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 1 I
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I n I
20) PROJECT NAME: I Aviara Tnt flg I
21) BRIEF DESCRIPTION OF PROJECT:
Plan Amendment and LCP
designation over Lot 3
22) IN THE P G THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,
PLANNING REVIEW BOARD MEMBERS, OR MY COUNCIL MEMBERS TO INSPECT AND
ENTER THE
D.L. Clemens
CATION I/WE CONSENT TO ENTRY FOR THIS
PURPOSE
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE) NAME (PRINT OR TtPE)
Aviara Land Assoc., Ltd. Ptnrshy. Aariara Land Accnr , LtcL Ptnrhp.
MAILING ADDRESS MAILING ADDRESS
2011 Palomar Airport Rd. #206 2011 Palomar Airport Rd. #206
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Carlsbad, CA 92009 (619)931-1190 Carlsbad. CA 92009 (61Q)01_i1Qn
I CER14T I AM THE LEGAL OWNER I CERTIIY THAT I AM THE IGAL OWNER'S REPR4TATIVEA14D
AND AT ALL THE ABOVE INBORMATION THAT ALL THE ABOVE DPO*MATION IS TRUE AND ODRRWrtO TIC
SUE AND RECF -TO THE BEST OF I BEST 1QICWLWGE. r WLWGL
DATE/ sicN DATE /
D.L. C.1emin' VP Mt -- n T ri..._... ir
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TiPE FEE REQUIRED
I DATE FEE PAID RECEIPT NO.
S
t ity of Pad
DISCLOSURE STATEMENT
uctrs STATEMENT OF OISCLCSURE CF CERTAIN OWNERS-BP INTERESTS CM ALL APPUCATIOMS WHCH Wit ._j
ACTiON ON THE PART OF THE Cr; COUNCIL OR ANY APPOINTBO EOAO. COMMISSION OR CoiMrrTEE.
(Please Print)
The following information must be disclosed:
Applicant
List the names and addresses of all persons having a financial interest in the application.
Aviara Land. Associates Limited Partnership
2011 Palomar Airport Road
Suite 206
Carlsbad, CA 92009 1 -
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
Aviara Land Assoc'iates Limited Partnership
2011 Palomar Airport Road
Suite 206
Carlsbad, CA 92009
a If any prson idenifle 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 corporapon or owning any partnership
interest in the partnership.
N/A
4. If any person identhled 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.
N/A
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad. California 92009-4859 (619) 438-1161
C,L
e (Over),
Disclosure Statement - Page z
5. Have you had more than $250 worth of business transacted with any member of City staff, Soars
Cornmissians9teeS and Council'within the past twelve months?
yes_ No - If yes, please indicate person(s)
erorI s defined as: 'Anyindividual. firm, cocasr.rhsp. joint venture, association. 3GCi* oh., trat.mal organization. oorpotaticfl, estate. trust.
.r, syndicate, this and any 000( ocunry, cxry and county. city municipality, district or i.f pcirticaj subdivision, or any Wrier growo or
combinatIon acting 13 1 uflrt'
Owner:
Aviara Land Associates Limited
Partnership, a Delaware limited
partnership
BY: Aviara Land,ompany, a Delaware
Applicant:
Aviara Land Associates Limited
Partnership, a Delaware limited
partnership
BY: Aviara Lan mpany, a Delaware
-eepoiatio General Partner
Un By:
L CJe4nensJVice President D.
M. MedansIy/Asst.
Date:
By: ,AC-'M
Scott M. Medansky/Asst. Secrety
Date:
,C4/71
City of' Cans. EIT.J
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OFDISCLO SURE OR CERTAIN OWNERSHIP INTERESTS ON ALLAPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY
APPOINTED BOARD, COMMISSION OR COMMITTEE
riease .rrint)
The following information must be disclosed:
Applicant
List the names and addresses of all persons having a financial interest in the application.
BROOKFIELD CARLSBAD INC.
12865 Pointe Del Mar, Ste. 200
Del Mar, CA 92014
Owner
List the names and addressees of all person having any ownership interest in the property involved.
BROOKFIELD CARSLBAD INC.
-: 12865 Pointe Del Mar, Ste. 200
Del Mar, CA, 92014 =
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.
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.
DISCLOS.FRM 2/96
PAGE 1 of 2
1.
2.
3.
4.
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (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 X 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)
BROOKFIELD CARLSBAD INC. BROOKFIELD CARLSBAD INC.
l3
Signature of Owr/date Signature of applicant/date
E. Dale Gleed — Vice President Elizabeth Zepeda — Secretary
Print or type name of owner Print or type name of applicant
DISCLOS.FRM 2/96 PAGE 1 of 2
Ab
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: AVI.ARA LOT 308
APPLICANT NAME: AVIARA LAND ASSOCIATES, LTD. PARTNERSHIP
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 proposed project involves a request by Aviara Land Associates to
perform the following amendments to land use documents relative to Aviara
Lot 308:
1. Amendment to the Land Use Element (Map) of the General Plan
to revise the allowable land use over Lot 308 from Open Space
(OS) to Residential Low-Medium (RLM). It is the intent that this
land use designation would allow a single-family home to be
constructed on Lot 308.
2. Amendment to the Aviara Master Plan to modify pages 121 and
122 as follows:
Page 121: Eliminate the phrase "Development shall only be
allowed along the ridgetop of this planning area."
Page 122: Graphically illustrate the location Of Lot 308.
3. Amendment to the Implementing Ordinances of the Mello I
Local Coastal Program (Aviara Master Plan) in accordance with
#2 above.
The intent of the modifications above is to provide additional consistency
between the policy documents and the action taken by the City in approving
the final map for CT 85-35, in which Lot 308 was not identified as an open
space lot.
ProjOc.frm R.v. 4191 u
BACKGROUND DATA SHEET
CASE NO: MP 177(S)/GPA 96-06/LCPA 96-13
CASE NAME: AVIARA LOT 308/AZURE COVE ANNEXATION
APPLICANT: AVIARA LAND ASSOCIATES
REQUEST AND LOCATION: Request for a Master Plan Amendment, General Plan
Amendment and Local Coastal Program Amendment to clarify open space boundaries and
development standards for an isolated single family residential lot in Aviara Planning Area 13
and annexation of the Azure Cove development into the Aviara Master Plan as a new planning
area.
LEGAL DESCRIPTION: Lot 308 of Carlsbad Tract 85-35, Unit E, according to Map No.
12413, filed June 29, 1989 in the Office of the County Recorder, County of San Diego, tot 36 of
Carlsbad Tract 90-37, according to Map No. 13188, filed in the Office of the County Recorder,
County of San Diego and All of Carlsbad Tract No 89-19, according to Map No. 12902, filed
December 11, 1991 in the Office of the County Recorder, County of San Diego. State of
California
APN: various Acres: 55.0 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Land Use Designation: RLM/RMIOS
Density Allowed: 0.0-3.2 du/ac Density Proposed: N/A
Existing Zone: P-C/R-1-O Proposed Zone: N/A
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements)
Zoning Land Use
Site P-C/R-1-Q Vacant & Single family
North P-C Open space
South 0-S Open space -
East P-C Residential
West P-C I-S freeway
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
Public Facilities Fee Agreement, dated: N/A
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued___________________________________________________
Certified Environmental Impact Report, dated__________________________________
Other, Notice of Prior Environmental Compliance
6 6
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: MP 177(S)/GPA 96-06/LCPA 96-13
DATE: APRIL 2 1997
BACKGROUND
1. CASE NAME: AVIARA LOT 308/AZURE COVE ANNEXATION
2. APPLICANT: AVTARA LAND ASSOCIATES
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 PALOMAR AIRPORT RD,
SUITE 206, CARLSBAD CA 92008 (760) 931-1190
4. DATE ETA FORM PART I SUBMITTED: DECEMBER 11, 1996
PROJECT DESCRIPTION: Clarification of open space boundaries and development standards
for an isolated residential lot in Aviara Planning Area 13 and the annexation of the Azure Cove
development into the Aviara Master Plan as a new planning area.
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected 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.
Land Use and Planning R Transportation/Circulation Public Services
fl Population and Housing Biological Resources Utilities & Service Systems
F-] Geological Problems Energy & Mineral Resources Aesthetics
E Water Hazards D Cultural Resources
[] Air Quality Noise Recreation
Mandatory Findings of Significance
Rev. 03/28/96
. 6
DETERMINATION.
(To be completed by the Lead Agency)
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have significant effect(s) on the environment, but at
least one potentially significant effect 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An is required,
but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in earlier EIRs and pursuant to
applicable standards and (b) have been voided or mitigated pursuant to those earlier EIRs
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared.
Planner Signature Date
Planning Director's Signature Date
2 Rev. 03/28/96
.
O
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City
conduct an Environmental Impact Assessment to determine if a project may have a significant
effect on the environment. The Environmental Impact Assessment appears in the following
pages in the form of a checklist. This checklist identifies any physical, biological and human
factors that might be impacted by the proposed project and provides the City with information to
use as the basis for deciding whether to prepare an Environmental Impact Report (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 information source cited in the parentheses following each
question. A "No Impact" answer is adequately supported if the referenced information
sources show that the impact simply does not apply to projects like the one involved. A
"No Impact" 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 standards.
. "Less Than Significant Impact" applies where there is supporting evidence that the
potential impact is not adversely significant, and the impact does not exceed adopted
general standards and policies.
"Potentially Significant Unless Mitigation Incorporated" 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 the mitigation 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 that an
effect is significant.
Based on an "EIA-Part II", if a proposed project could have a potentially significant
effect on the environment, but all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration, including revisions or mitigation measures that are imposed upon
the proposed project, and none of the circumstances requiring a supplement to or
supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional
environmental document is required (Prior Compliance).
When "Potentially Significant Impact" is checked the project is not necessarily required
to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a "Statement of
Overriding Considerations" has been made pursuant to that earlier EIR.
A Negative Declaration may be prepared if the City perceives no substantial evidence that
the project or any of its aspects may cause a significant effect on the environment.
3 Rev. 03/28/96
I .
If there are one or more potentially significant effects, the City may avoid preparing an
EIR if there are mitigation measures to clearly reduce impacts to less than significant, and
those mitigation measures 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.
An EIR must be prepared if "Potentially Significant Impact" is checked, and including
but not limited to the following circumstances: (1) the potentially significant effect has
not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and
the developer does not agree to mitigation measures that reduce the impact to less than
significant; (2) a "Statement of Overriding Considerations" for the significant impact has
not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce
the impact to less than significant, or; (4) through the ETA-Part II analysis it is not
possible to determine the level of significance for a potentially adverse effect, or
determine the effectiveness of a mitigation measure in reducing a potentially significant
effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the
form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention
should be given to discussing mitigation for impacts which would otherwise be determined
significant.
4 Rev. 03/28/96
I I
Issues (and Supporting Information Sources). Potentially Potentially Less Than No
Significant Significant Significan Impact
Impact Unless t Impact
Mitigation
Incorporated
1. LAND USE AND PLANNING. Would the proposal:.
a) Conflict with general plan designation or zoning? El El El [21731 (Source #(s): (41, pgs 5-71 - 5-85; #2, pgs 4-1 - 4-26;
#3, pgs 5.6-1 - 5.6-18)
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over the
project? (#1, pgs 5-71 - 5-85; #2, pgs 4-1 - 4-26; #3,
pgs 5.6-1 - 5.6-18)
c) Be incompatible with existing land use in the vicinity? El M (41, pgs 5-71 - 5-85; #2, pgs 4-1 - 4-26; #3, pgs 5.6-1 -
5.6-18)
d) Affect agricultural resources or operations (e.g. impacts El 0 El N to soils or farmlands, or impacts from incompatible
land uses? (#1, pgs 5-71 - 5-85; #2, pgs 4-1 - 4-26; #3,
pgs 5.6-1 - 5.6-18)
e) Disrupt or divide the physical arrangement of an El N established community (including a low-income or
minority community)? (#1, pgs 5-71 - 5-85; #2, pgs 4-1
- 4-26; #3, pgs 5.6-1 - 5.6-18)
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local E population projections? (#1, pgs 5-71 - 5-85; #2, pgs 4-
1 - 4-26; #3, pgs 5.5-1 - 5.5-6)
b) Induce substantial growth in an area either directly or 0 El El E indirectly (e.g. through projects in an undeveloped area
or extension of major infrastructure)? (#1, pgs 5-71 - 5-
85; #2, pgs 4-1 - 4-26; #3, pgs 5.5-1 - 5.5-6)
c) Displace existing housing, especially affordable
housing? (#1, pgs 5-71 - 5-85; #2, pgs 4-1 - 4-26; #3,
pgs 5.5-1 - 5.5-6)
III. GEOLOGIC PROBLEMS. Would the proposal result in or
expose people to potential impacts involving:
a) Fault rupture? (#1, pgs 5-3 - 5-13; #2, pgs 4-150 - 4- 0 E E 156; 43, pgs 5.1-1 - 5.1-15)
b) Seismic ground shaking? (#1, pgs 5-3 - 5-13; #2, pgs 4- F El 150-4-156; 43, pgs 5.1-1 - 5.1-15)
c) Seismic ground failure, including liquefaction? (#1, pgs [II 5-3 - 5-13; #2, pgs 4-150 - 4-156 ; #3, pgs 5.1-1 - 5.1-
15)
d) Seiche, tsunami, or volcanic hazard? (#1, pgs 5-3 - - L] 13; #2, pgs 4-150 - 4-156; #3, pgs 5.1-1 - 5.1-15)
e) Landslides or mudflows? (#1, pgs 5-3 - 5-13; #2, pgs El M 4-150 - 4-156; #3, pgs 5.1-1 - 5.1-15)
f) Erosion, changes in topography or unstable soil El El E conditions from excavation, grading, or fill? (#1, pgs 5-
3 - 5-13; #2, pgs 4-150 - 4-156; #3, pgs 5.1-1 - 5.1-15)
g) Subsidence of the land? (#1, pgs 5-3 - 5-13; #2, pgs 4-
150 - 4-156; #3, pgs 5.1-1 - 5.1-15)
5 Rev. 03/28/96
. .
Issues (and Supporting Information Sources). Potentially Potentially Less Than No
Significant Significant Significan Impact
Impact Unless t Impact
Mitigation
Incorporated
h) Expansive soils? (#1, pgs 5-3 - 5-13; #2, pgs 4-150
- LnJ 4-156; #3, pgs 5.1-1 - 5.1-15)
i) Unique geologic or physical features? (#1, pgs 5-3 - 5-
13; #2, pgs 4-150 - 4-156; #3, pgs 5.1-1 - 5.1-15)
IV. WATER. Would the proposal result in
a) Changes in absorption rates, drainage patterns, or the El N rate and amount of surface runoff? (#1, pgs 5-19 - 5-
27;#2,pgs4-110-4-118;#3,pgs5.2-1 -5.2-11)
b) Exposure of people or property to water related hazards F-1 El Li such as flooding? (#1, pgs 5-19 - 5-27; #2, pgs 4-110 -
4-118; #3, pgs 5.2-1 - 5.2-11)
c) Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? (#1, pgs 5-19 - 5-27; #2, pgs 4-
110-4-118; #3, pgs 5.2-1 - 5.2-11)
d) Changes in the amount of surface water in any water Li Li El M body? (0, pgs 5-19 - 5-27; #2, pgs 4-110 - 4-118; #3,
pgs 5.2-1 - 5.2-11)
e) Changes in currents, or the course or direction of water Li Li Li movements? (#1, pgs 5-19 - 5-27; #2, pgs 4-110 - 4-
118; #3, pgs 5.2-1 - 5.2-11)
f) Changes in the quantity of ground waters, either Li Li Li through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? (#1, pgs 5-19 - 5-27; #2, pgs 4-110 - 4-118;
#3, pgs 5.2-1 - 5.2-11)
g) Altered direction or rate of flow of groundwater? (#l, Li Li Li pgs 5-19 - 5-27; #2, pgs 4-110 - 4-118; #3, pgs 5.2-1 -
5.2-11)
h) Impacts to groundwater quality? (#1, pgs 5-19 - 5-27; Li Li LI #2,pgs4-110-4-118;#3,pgs5.2-1 -5.2-11)
i) Substantial reduction in the amount of groundwater Li Li Li otherwise available for public water supplies? (#1, pgs
5-19 - 5-27; #2, pgs 4-110 - 4-118; #3, pgs 5.2-1 -5.2-
11)
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an Li Li Li existing or projected air quality violation? (#1, pgs 5-
14 - 5-18; #2, pgs 4-84 - 4-93; #3, pgs 5.3-1 - 5.3-12)
b) Expose sensitive receptors to pollutants? (#1, pgs 5-14 Li Li Li
- 5-18; #2, pgs 4-110 - 4-118; #3, pgs 5.3-1 - 5.3-12)
c) Alter air movement, moisture, or temperature, or cause Li Li Li any change in climate? (#1, pgs 5-14 - 5-18; #2, pgs 4-
110 - 4-118; #3, pgs 5.3-1 - 5.3-12)
d) Create objectionable odors? (#1, pgs 5-14 - 5-18; 92, Li Li Li pgs 4-110 - 4-118; #3, pgs 5.3-1 - 5.3-12)
6 Rev. 03/28/96
.
Issues (and Supporting Information Sources). Potentially Potentially Less Than No
Significant Significant Significan Impact
Impact Unless t Impact
Mitigation
Incorporated
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) Increased vehicle trips or traffic congestion? (#1, pgs
5-86 - 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-1 - 5.7-
22)
b) Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)? (#1, pgs 5-86 - 5-107; #2, pgs
4-63 - 4-80; #3, pgs 5.7-1 - 5.7-22)
c) Inadequate emergency access or access to nearby uses? El Z (#1, pgs 5-86 - 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-
1 -5.7-22)
d) Insufficient parking capacity on-site or off-site? (#1, E pgs 5-86 - 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-1 -
5.7-22)
e) Hazards or barriers for pedestrians or bicyclists? (#1, [j] pgs 5-86 - 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-1 -
5.7-22)
f) Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)? (#1,
pgs 5-86 - 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-1 -
5.7-22)
g) Rail, waterborne or air traffic impacts? (#1, pgs 5-86 - E 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-1 - 5.7-22)
VII. BIOLOGICAL RESOURCES. Would the proposal result
in impacts to:
a) Endangered, threatened or rare species or their habitats [] [] (including but not limited to plants, fish, insects,
animals, and birds? (#1, pgs 5-28 - 5-60; 92, pgs 4-119
- 4-149; #3, 5.4-1 - 5.4-24)
b) Locally designated species (e.g. heritage trees)? (#1,
pgs 5-28 - 5-60; #2, pgs 4-119 - 4-149; #3, 5.4-1 - 5.4-
24)
c) Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)? (#1, pgs 5-28 - 5-60; #2,
pgs 4-119 - 4-149; #3, 5.4-1 - 5.4-24)
d) Wetland habitat (e.g. marsh, riparian and vernal pool)?
(#1, pgs 5-28 - 5-60; #2, pgs 4-119 - 4-149; #3, 5.4-1 -
5.4-24)
e) Wildlife dispersal or migration corridors? (#1, pgs 5-28 LI
- 5-60; #2, pgs 4-119 - 4-149; #3, 5.4-1 - 5.4-24)
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal?
a) Conflict with adopted energy conservation plans? (#1,
pgs 5-114 - 5-199; #2, pgs 4-94 - 4-109; #3, pgs
5.12.1-1 - 5.12.1-5)
b) Use non-renewable resources in a wasteful and
inefficient manner? (#1, pgs 5-114 - 5-199; #2, pgs 4-
94-4-109; #3, pgs 5.12.1-1 - 5.12.1-5)
7 Rev. 03/28/96
.
Issues (and Supporting Information Sources).
c) 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? (#1, pgs 5-114 - 5-199; #2,
pgs 4-94 - 4-109; #3, pgs 5.12.1-1 - 5.12.1-5)
.
Potentially Potentially Less Than No
Significant Significant Significan Impact
Impact Unless t Impact
Mitigation
Incorporated
E
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)? (#1, pg. 5-132; #2, pgs 4-94 -
4-109; #3, pgs 5.10.1-1 - 5.10.1-3)
b) Possible interference with an emergency response plan
or emergency evacuation plan? (#1, pgs 5-108 - 5-113;
#2, pgs 4-94 - 4-109; #3, pgs 5.10.1-1 - 5.10.1-3)
c) The creation of any health hazard or potential health
hazards? (#1, pg. 5-132 #2, pgs 4-94 - 4-109; #3, pgs
5.10.1-1 - 5.10.1-3)
d) Exposure of people to existing sources of potential
health hazards? (#1, pg. 5-132 #2, pgs 4-94 - 4-109;
#3, pgs 5.10.1-1 - 5.10.1-3)
e) Increase fire hazard in areas with flammable brush,
grass, or trees? (#1, pgs 5-28 - 5-60 #2, pgs 4-94 - 4-
109; #3, pgs 5.10.1-1 - 5.10.1-3)
z
El Z
El E
X. NOISE. Would the proposal result in
a) Increases in existing noise levels? (#1, pgs 5-61 - 5-70;
#2, pgs 4-81 - 4-84; #3, pgs 5.9-1 - 5.9-15)
b) Exposure of people to severe noise levels? (#1, pgs 5- D 61 - 5-70; #2, pgs 4-81 - 4-84; #3, pgs 5.9-1 - 5.9-15)
XI. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered government
services in any of the following areas:
a) Fire protection? (#1, pgs 5-108 - 5-113; #2, pgs 4-94 -
4-109; #3, pgs 5.12.5-1 - 5.12.5-6)
b) Police protection? (#1, pgs 5-108 - 5-113; #2, pgs 4-94
- 4-109; #3, pgs 5.12.5-1 - 5.12.5-6)
c) Schools? (91, pgs 5-108 - 5-113; #2, pgs 4-94 - 4-109;
#3, pgs 5.12.7-1 - 5.12.7-5)
d) Maintenance of public facilities, including roads? (#1,
pgs 5-108 - 5-113; #2, pgs 4-94 - 4-109; #3, pgs
5.12.1-1 - 5.12.8-7)
e) Other governmental services? (#1, pgs 5-108 - 5-113;
#2, pgs 4-94 - 4-109; #3, pgs 5.12.1-1 - 5.12.8-7)
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a) Power or natural gas? (#1, pgs 5-114 - 5-119; #2, pgs
4-94 - 4-109; 93, 5.12.1-1 - 5.12.1-5)
b) Communications systems? (#1, pgs 5-114 - 5-119; #2,
pgs 4-94 - 4-109; #3, pgs 5.12.2-1 - 5.12.8-7)
E
11 El Z
E 11 LL N.
LI LI LI
LI LI LI
LI LI LI
8 Rev. 03/28/96
S I
Issues (and Supporting Information Sources). Potentially Potentially Less Than No
Significant Significant Significan Impact
Impact Unless t Impact
Mitigation
Incorporated
c) Local or regional water treatment or distribution [II El El facilities? (#1, pgs 5-114 - 5-119; #2, pgs 4-94 - 4-109;
#3, pgs 5.12.2-1 - 5.12.3-7)
d) Sewer or septic tanks? (#1, pgs 5-114 - 5-119; #2, pgs El El El 4-94 - 4-109; #3, pgs 5.12.2-1 - 5.12.3-7)
e) Storm water drainage? (#1, pgs 5-114 - 5-119; #2, pgs El El El 4-94 - 4-109; #3, pgs 5.12.2-1 - 5.12.3-7)
f) Solid waste disposal? (#1,pgs5-114-5-119;#2,pgs4- El El El 94 - 4-109; #3, pgs 5.12.4-1 - 5.12.4-3)
g) Local or regional water supplies? (#1, pgs 5-114 - El El El 119; #2, pgs 4-94 - 4-109; #3, pgs 5.12.2-1 - 5.12.3-7)
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway? (#1, pgs - El El El 120 - 5-129; #2, pgs 4-35 - 4-62; #3, pgs 5.11-1 - 5.11-
5)
b) Have a demonstrate negative aesthetic effect? (#1, pgs El El- El 5-120 - 5-129; #2, pgs 4-35 - 4-62; #3, pgs 5.11-1 -
5.11-5)
c) Create light or glare? (#1, pgs 5-120 - 5-129; 42, pgs El El El 35 - 4-62; #3, pgs 5.10.3-1 - 5.10.3-2)
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (#1, pgs 5-130 - 5- El El El 131; #2, pgs 4-157 - 4-167; #3, pgs 5.8-1 - 5.8-10)
b) Disturb archaeological resources? (#1, pgs 5-130 - - El El El 131; #2, pgs 4-157 - 4-167; #3, pgs 5.8-1 - 5.8-10)
c) Affect historical resources? (#1, pgs 5-130 - 5-131; 42, El El El pgs 4-157 - 4-167; #3, pgs 5.8-1 - 5.8-10)
d) Have the potential to cause a physical change which El El El would affect unique ethnic cultural values? (#1, pgs 5-
130 - 5-13 1; #2, pgs 4-157 - 4-167; 93, pgs 5.8-1 - 5.8-
10)
e) Restrict existing religious or sacred uses within the El El El potential impact area? (#1, pgs 5-130 - 5-131; #2, pgs
4-157 - 4-167; #3, pgs 5.8-1 -5.8-10)
XV. RECREATIONAL. Would the proposal:
a) Increase the demand for neighborhood or regional El El El parks or other recreational facilities? (#1, pg. 5-132;
#2, pgs 4-157 - 4-167; #3, pgs 5.12.8-1 - 5.12.8-7)
b) Affect existing recreational opportunities? (#1, pg. 5- El El El 132; #2, pgs 4-157 - 4-167; #3, pgs 5.12.8-1 - 5.12.8-7)
9 Rev. 03/28/96
S
Issues (and Supporting Information Sources). Potentially Potentially Less Than No
Significant Significant Significan Impact
Impact Unless t Impact
Mitigation
Incorporated
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, 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 El El N limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of
probable future projects)?
c) Does the project have environmental effects which will El N cause the substantial adverse effects on human beings,
either directly or indirectly?
XVII. EARLIER ANALYSES.
Earlier analysis has been conducted on three occasions. First was the Environmental Impact
Report for Brocatto at Batiquitos Shores (EIR 89-01 for CT 89-19), certified on December 11,
1990. This document analyzed all of the potential impacts for the development and occupation
of the 78 unit single family development formerly known as Brocatto (now known as Azure
Cove). Second was the Environmental Impact Report for the Pacific Rim Country Club and
Resort (EIR 83-02(A) for CT 85-35/MP 177), certified on December 8, 1987. This document
analyzed all of the potential impacts for the development and occupation of the over 2,000 unit
residential master plan (now known as Aviara) with its associated 18 hole golf course, 550 room
hotel, sports club and neighborhood commercial site. Third was the Master Environmental
Impact Report for the 1994 General Plan Update (MEIR 93-0 1), which reviewed the potential
impacts of buildout of the City's General Plan, including transportation and air quality impacts.
Without exception, the proposed actions have no additional impacts not previously analyzed in
the earlier environmental review and no additional review or mitigation measures are necessary.
10 Rev. 03/28/96
S 0
DISCUSSION OF ENVIRONMENTAL EVALUATION
The first component of this proposal involves a clarification of open space boundaries and
development standards for an isolated, 1.2 acre lot in Planning Area 13. The lot was identified
for development in the original master plan and has been kept clear of vegetation, however the
exact development standards were not addressed. During the processing of the General Plan
Update in 1994, the site was erroneously designated with as open space. The first component of
this proposal reinstates the ability for the lot to develop in accordance with the original intent of
the master plan (MP 177). In addition, an area totaling 14.4 acres that was previously designated
for low to medium density residential development, that contains both natural and revegetated
native habitat, is being designated as open space.
The second component deals with the annexation of an adjacent, 78 unit single family
development into the Aviara Master Plan (MP 177) as a new planning area. All existing
development standards, open space requirements and design criteria contained in the original
development, and reviewed by the EIR for Brocatto (EIR 89-01) remain the same with this
annexation.
AIR QUALITY:
The implementation of subsequent projects that are consistent with and included in the updated
1994 General Plan will result in increased gas and electric power consumption and vehicle miles
traveled. These subsequently result in increases in the emission of carbon monoxide, reactive
organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the
major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the
San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered
cumulatively significant: therefore, continued development to buildout as proposed in the
updated General Plan will have cumulative significant impacts on the air quality of the region.
To lessen or minimize the impact on air quality associated with General Plan buildout, a variety
of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions
for roadway and intersection improvements prior to or concurrent with development; 2) measures
to reduce vehicle trips through the implementation of Congestion and Transportation Demand
Management; 3) provisions to encourage alternative modes of transportation including mass
transit services; 4) conditions to promote energy efficient building and site design; and 5)
participation in regional growth management strategies when adopted. The applicable and
appropriate General Plan air quality mitigation measures have either been incorporated into the
design of the project or are included as conditions of project approval.
Operation-related emissions are considered cumulatively significant because the project is
located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked
"Potentially Significant Impact". This project is consistent with the General Plan, therefore, the
preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City
Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air
quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent
projects covered by the General Plan's Final Master EIR, including this project, therefore, no
further environmental review of air quality impacts is required. This document is available at the
Planning Department.
11 Rev. 03/28/96
fl
0
CIRCULATION:
The implementation of subsequent projects that are consistent with and included in the updated
1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate
to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely
impacted by regional through-traffic over which the City has no jurisdictional control. These
generally include all freeway interchange areas and major intersections along Carlsbad
Boulevard. Even with the implementation of roadway improvements, a number of intersections
are projected to fail the City's adopted Growth Management performance standards at buildout.
To lessen or minimize the impact on circulation associated with General Plan buildout, numerous
mitigation measures have been recommended in the Final Master EIR. These include 1)
measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to
develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks,
pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation
strategies when adopted. The diversion of regional through-traffic from a failing Interstate or
State Highway onto City streets creates impacts that are not within the jurisdiction of the City to
control. The applicable and appropriate General Plan circulation mitigation measures have either
been incorporated into the design of the project or are included as conditions of project approval.
Regional related circulation impacts are considered cumulatively significant because of the
failure of intersections at buildout of the General Plan due to regional through-traffic, therefore,
the "Initial Study" checklist is marked "Potentially Significant Impact". This project is
consistent with the General Plan, therefore, the preparation of an EIR is not required because the
recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included
a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of
Overriding Considerations" applies to all subsequent projects covered by the General Plan's
Master EIR, including this project, therefore, no further environmental review of circulation
impacts is required.
12 Rev. 03/28/96
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I
(TO BE COMPLETED BY THE APPLICANT)
CASE NO. "vP' (77c56
DATE: 12/11/96
BACKGROUND
1. CASE NAME: Aviara Lot 308
2. APPLICANT: Aviara Land Associates, Limited Partnership
3. ADDRESS AND PHONE NUMBER OF APPLICANT: (619) 931-1190
2011 Palomar Airport Rd. Suite 206, Carlsbad, CA 92009
4. DATE EIA.FORM PART I SUBMITTED:
5. PROJECT DESCRIPTION: GPA, MPA, LCPA to redesignate the land use
over Aviara Lot 308 from Open Space to Residential Low-Medium.
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project, invol'iing
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.
- Land Use and Planning - Transportation/Circulation - Public Services
- Population and Housing - Biological Resources Utilities and Service Systems
- Geological Problems - Energy and Mineral Resources - Aesthetics
Water Hazards - Cultural Resources
- Air Quality Noise - Recreation
- Mandatory Findings of Significance
1 Rev. 3/28/95
g.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an
Environmental Impact Assessment to determine if a project may have a significant effect on the environment.
The Environmental Impact Assessment appears in the following pages in the form of a checklist. This
checklist identifies any physical, biological and human factors that might be impacted by the proposed project
and provides the City with information to use as the basis for deciding whether to prepare an Environmental
Impact Report (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 information source cited in the parentheses following each question. A "No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not apply
to projects like the one involved. A "No Impact" 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 standards.
• "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not
adversely significant, and the impact does not exceed adopted general standards and policies.
• "Potentially Significant Unless Mitigation Incorporated" 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 the mitigation 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 that an effect is significant.
• Based on an "ETA-Part II", if a proposed project could have a potentially significant effect on the
environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR
or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or
- mitigated pursuant to that earlier BIR or Mitigated Negative Declaration, including revisions or mitigation
measures that are imposed upon the proposed project, and none of the circumstances requiring, a
supplement to or supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional environmental
document is required (Prior Compliance).
When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR
if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards
and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant
to that earlier EIR. -
A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant effect on the environment..
2 Rev. 3/28/95
. I
• If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are
mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures 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. -
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to
the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in
an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures
that reduce the inpact to less than significant; (2) a "Statement of Overriding Considerations" for the
significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do
--not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible
to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a
mitigation measure in reducing a potentially significant effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
3 Rev. 3/28/95
Issues (and Supporting Information Sources):
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or
zoning? (Source #(s): ) Amendment to the
General Plan is required. Gen Plan-1994
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction
over the project? ()Master Plan and LCP
Amendinentsrrequired-Aviara M.P. (1996),
Mello c) ae7nncokpWigle Vitli 2ingi9cse in the
vicinity? 0 Pacific Rim EIR (1985)
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant
Impact Incorporated Impact
X
X
No
Impact
—L
-. d) Affect agricultural resources or operations (e.g.
impacts to soils or farmlands, or impacts from
incompatible land uses)? 0 Carlsbad Final -
Master EIR (93-01)
e) Disrupt or divide the physical arrangement of
an established community (including a low-
income or minority community)? 0 Carlsbad -
Final Master EIR (93-01)
II. POPULATION AND HOUSING. Would the
proposal:
a) Cumulatively exceed official regional or local
population projections? 0 Zone 19 Local -
Facilities Management Plan (1996)
• b) Induce substantial growth in an area either ,
directly or indirectly (e.g. through projects in an
undeveloped area or extension of major
infrastructure)? 0 Carlsbad Final Master -
EIR (93-01)
c) Displace existing housing, especially affordable
housing? 0 Carlsbad Final Master EIR
(93-01)
III. GEOLOGIC PROBLEMS. Would the proposal result
in or expose people to potential impacts involving:
a) Fault rupture? () Carlsbad Final Master -
EIR (93-01)
b) Seismic ground shaking? 0 Carlsbad Final -
Master EIR (9-0J.)
C) seismic ground failure, including liquefaction?
0 Carlsbad Final Master EIR (93-01) -
El
x.
X
X
-
-
Rev. 3/28/95
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
x•
* - •-
x
X
- - -
- Issues (and Supporting Information Sources):
d) Seiche, tsunami, or volcanic hazard?
Carlsbad Final Master BIR (93-01)
e) Landslides or mudflows? () Carlsbad,
Final Master EIR (93-01)
1) Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill? 0
Carlsbad Final Master EIR (93-01)
g) Subsidence' of the land? 0 Pacific 'Rim
EIR (1995)
h) Expansive soils? 0 Pacific Rim EIR
(1995)
• i) Unique geologic or physical features? 0
Carlsbad Final Master EIR (93-01)
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns,
or the rate and amount of surface runoff? 0
Carlsbad Final Master EIR (93-01)
-- b) Exposure of people or property to water related
hazards such as flooding? ()
Pacific Rim EIR 1985'
• c) Discharge into surface waters or other alteration
of surface water quality (e.g. temperature,
dissolved oxygen or turbidity)? 0 Carlsbad
• Master Final EJR (93-01)
d) Changes in the amount of surface water in any
water body? 0 Pacific Rim EIR (1985)
- e) Changes in currents, or the course or direction
of water movements? 0 Pacific Rim EIR
(1985)
1) Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations or through substantial loss of
groundwater recharge capability? 0 Carlsbad Final Master EIR (93-01)
g) Altered direction or rate of flow of
groundwater? 0 Carlsbad Master Final
EIR (93-01)
h) Impacts to groundwater quality? 0 Carlsbad
Master Final EIR (93-01)
I-
- - X
• --
- - -
5 • ' Rev.. 3/28/95'
.
Potentially
Significant -
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Issues (and Supporting Information Sources):
1) Substantial reduction in the amount of
groundwater otherwise available for public
water supplies? 0 Carlsbad Final -
Master EIR (93-01)
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to
an existing or projected air quality violation? 0
Carlsbad Final Master EIR (93-01)
- 12) Expose sensitive receptors to pollutants? 0 - Carlsbad Final Master EIIFR (9301)
c) Alter air movement, moisture, or temperature,
or cause any change in climate? 0 Carlsbad -
Master Final BIR (93-01)
d) Create objectionable odors? 0 Carlsbad -
Final Master EIR (93-01)
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) Increased vehicle trips or traffic congestion?
0 Carlsbad Final Master EIR X
• b) Hazards to safety from design features (e.g.
sharp curves or dangerous intersections) or
incompatible uses (e.g. farm equipment)? () - Carlsbad Final Master EIR (93-01)
• c) Inadequate emergency access or access to
nearby uses? 0 Carlsbad Final -
Master EIR (93-01)
d) Insufficient parking capacity on-site or off-site?
o Pacific Rim BIR (1985) -
e) Hazards or barriers for pedestrians or bicyclists?
o Pacific Rim EIR (1985)
1> Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts,
bicycle racks)? 0 Carlsbad Final Master -
BIR (1985)
g) Rail, waterborne or air traffic impacts? U Carlsbad Final Master EIR (93-01)
X
AL
X
I
- --• .-
x
6 Rev. 3/28/95
Issues (and Supporting Information Sources):
VII. BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a) Endangered, threatened or rare species or their
habitats (including but not limited to plants,
fish, insects, animals, and birds? 0
Pacific Rim EIR (1985)
b) Locally designated species (e.g. heritage trees)? o Carlsbad Master Final EIR (93-01)
c) Locally designated natural communities (e.or.
oak forest, coastal habitat, etc.)? 0 Pacific
• Rim BIR (1985)
d) Wetland habitat (e.g. marsh, riparian and vernal
Pool)? 0 Carlsbad Final Master EIR
(93-01)
e) Wildlife dispersal or migration corridors? 0 Carlsbad Final Master EIR (93-01)
VIII. ENERGY AND MINERAL RESOURCES. Would
the proposal:
a) Conflict with adopted energy conservation
plans? 0 Carlsbad Final Master EIR
(93-Ol)
b) Use non-renewable resources in a wasteful and
inefficient manner? 0 Carlsbad Final
Master E1R (93-01)
c) 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? ()
Carlsbad Final Master EIJR (93-01) IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not limited
to: oil, pesticides, chemicals or radiation? 0 Carlsbad Final Master EIR (93-01)
b) Possible interference with an emergency
response plan or emergency evacuation plan? 0
-- Carlsbad Final Master EIR (93-01)
c) The creation of any health hazard or potential
health hazard? 0 Carlsbad Final Master
EIR (93-01)
7
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
X
X
-
X••
- x
- • -
X
- - --
x
- -
Rev. 3/28/95
Issues (and Supporting Information Sources): Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No.
Impact Incorporated Impact Impact
d) Exposure of people to existing sources of
potential health hazards? 0 Carlsbad Final
EIR (93-01)
e) Increase fire hazard in areas with flammable
brush, grass,.-or trees? 0 Carlsbad Final
Master EIR
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? 0 Carlsbad
Final Master EIR (93-01)
b) Exposure of people to severe noise levels? 0
Carlsbad Final Master EIR (93-01)
XI. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? 0 coca1i-Faci1ities
Management Plan Zone 19
b) Police protection? 0 Carlsbad Master
Final EIR (93-01)
C) Schools? 0 Local Facilities Management
Plan Zone 19
d) Maintenance of public facilities, including
roads? 0 Carlsbad Final Master EIR
EIR (93-01)
e) Other governmental services? 0 Carlsbad
Final Master EIR (93-01)
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies, or
substantial alterations to the following utilities:
Carlsbad Final Master EIR
a) Power or natural gas? 0
Carls.baçl Final Master ThUR (93-01) b) Communications systems? 0
Carlsbad Final Master BIR (93-01)
c), Local or regional water treatment or
distribution facilities? Carlsbad Final
Master EIR (93-01)
ci) Sewer or septic tanks? 0 Carlsbad Final
Master BIR (93-01)
e) Storm water drainage? 0 Carlsbad Final Master EIR (93-01)
Ew
- - .-
X.
- -
- -
-I-
x,
X
X
X
X
Rev: 3/28/95
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
- -
- - .- _
Issues (and Supporting Information Sources):
f) Solid waste disposal? 0
Carlsbad Final Master EIR :93-01)
-g-) Local or regional water supplies? ()
Carlsbad Final Master BIR (93-01)
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic highway? Q
Carlsbad Final Master EIR (93-01)
b) Have a demonstrable negative aesthetic
effect? 0 Carlsbad Final Master Elk (93-01)
- - c) Create light or glare? 0
Carlsbad Final Master EIR (93-01)
XIV. CULTURAL RESOURCES. Would the proposal:.
a) Disturb paleontological resources? 0 Pacific RijaeEIR (1985)
b) Disturb archaeological resources? 0 Pacific Rim EIR (1985)
- c) Affect historical resources? 0
Pacific Rim EIR (1985)
d) Have the potential to cause a physical change
which would affect unique ethnic cultural
values? 0 Pacific Rim EIR (1985)
e) Restrict existing religious or sacred uses within
the potential impact area? 0
Carlsbad Final Master EIR (93-01)
XV. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or
regional parks or other recreational facilities?
Carlsbad Final Master EIR (93-01)
b) Affect existing recreational opportunities? 0
Carlsbad Final Master EIR (93-01)
- - -
- - -x-- -
- -.
X
X
9 Rev. 3128195
•
Issues (and Supporting Information Sources): Potentially
Significant
- Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish or wild life species, cause a
fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a. plant or
animal community, reduce the number or restrict
the range of a rare or 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? ("Cumulatively considerable" means
that the incremental effects of a project are
considerable when viewed in connection with the
effects of past projects, the effects of other current
projects, and the effects of probable future
projects) (Air Quality, Circulation)
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly? . - - _L.
XVII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on
attached sheets:
- - a) Earlier analyses used. Identify earlier analyses and state where they are available for review, -
b) Impacts adequately addressed. Identify which .effects from the above 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 measures based on the
earlier analysis.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier
document and the extent to which they address site-specific conditions for the project.
10 Rev. 3/28/95
a
DISCUSSION OF ENVIRONMENTAL EVALUATION
AIR QUALITY:
The implementation of subsequent projects that are consistent with and included in the updated 1994
General Plan will result in increased gas and electric power consumption and vehicle miles traveled.
These subsequently result in increases in the emission of carbon monoxide, reactive organic gases,
oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors
to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a
"non-attainment basin", any additional air emissions are considered cumulatively significant: therefore,
continued development to buildout as proposed in the updated General Plan will have cumulative
significant impacts on the air quality of the region.
To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of
mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for
roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce
- vehicle trips through the implementation of Congestion and Transportation Demand Management; 3)
provisions to encourage alternative modes of transportation including mass transit services; 4) conditions
to- promote energy efficient building and site design; and 5) participation in regional growth
management strategies when adopted. The applicable and appropriate General Plan air quality
mitigation measures have either been incorporated into the design of the project or are included, as
conditions of project approval.
Operation-related emissions are considered cumulatively significant because the project is located within
a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant
Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not
required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246,
- included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of
Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final
Master EIR, including this project, therefore, no further environmental review of air quality impacts
is required. This document is available at the Planning Department.
CIRCULATION:
The implementation of subsequent projects that are consistent with and included in the updated 1994
- General Plan will result in increased traffic volumes. Roadway segments will be adequate to
accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by
regional through-traffic over which the City has no jurisdictional control. These generally include all
freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the
implementation of roadway improvements, a number of intersections are projected to fail the City's
adopted Growth Management performance standards at buildout.
To-lessen or minimize the 'impact on circulation associated with General Plan buildout, numerous.
mitigation measures have been recommended in the Final Master EIR. These include measures to
ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative
modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and
commuter rail systems; and 3) participation in regional circulation strategies when adopted. The
11 Rev. 3/28/95
. a
diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates
impacts that are not within the jurisdiction of the City to control. The applicable and appropriate
General Plan circulation mitigation measures have either been incorporated into the design of the
project or are included as conditions of project approval.
Regional related circulation impacts are considered cumulatively significant because of the failure of
intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial
Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General
- Plan, therefore, the preparation of an EIR is not required because the recent certification of Final
Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding
Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all
subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no
further environmental review of circulation impacts is required.
12 Rev. 3/28/95
LIST MITIGATING MEASURES (IF APPLICABLE
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
13 Rev. 3/28/95
LOT 308
INFORMATIONAL BOOKLET
AVIARA
AVIARA LOT 308
W ith the original land planning of Aviara (then the Pacific Rim Country Club
and Resort), a single-family residential lot with Golf Course frontage, was de-
signed just westerly ofPlanning Area 15. This lot was identified and approved on the
subdivision map as Lot 308.
T his booklet is intended to provide a brief summary of the history of Lot 308, and
its present status. In addition, the booklet contains computer-simulated graphics of
an exampled residential house developed on Lot 308for reference of the reader.
TABLE OF CONTENTS
LOCATION OF LOT 308 Page 3
APPROVAL HISTORY Page 4
HISTORICAL EXHIBITS Page 5
ENVIRONMENTAL REVIEW/TAX HISTORY Page 7
COMPUTER-SIMULATED GRAPHIC ANALYSIS Page 9
HISTORICAL CHRONOLOGY Page 15
BUILDING CRITERIA Page 15
UNIT E, PAGE 4 & 5 - GRADING PLAN Attachment 1
OPEN SPACE LOT LIST Attachment 2
HOMEOWNER LETTER Attachment 3
AVIARA
DEVELOPMENT PLAN
AVIARA*
LOT 308 - ILLUSTRATIVE
AVIARA
APPROVAL HISTORY
A PI ANNING
Lot 308 is, and has always been planned as a single-family residential lot.
^ MASTER PLAN APPROVAL
The Aviara Master Plan (page 122) demonstrates that the single-family residential Planning
Area 13 stretches northwesterly to include this lot.
A TENTATIVE SUBDIVISION APPROVAL
Lot 308 was approved as a residential lot through the City of Carlsbad tentative subdivision
map CT 85-35 (Pacific Rim Phase I), December 22,1987 and Califomia Coastal Commission
Coastal Development Permit No. 6-87-680, April 12,1988.
FINAL SUBDIVISION MAP APPROVAL
Lot 308 was officially created as a residential lot when it was recorded through the City of
Carlsbad approval of Unit E of Carlsbad Tract CT 85-35, June 29,1989.
COASTAL REQUIREMENTS
Coastal Commission Permit No. 6087-680 required that all Aviara preserved open spaces be
placed under an open space deed restriction. Lot 308 was not placed under such restriction.
ACCESS TO SITE
Access to Lot 308 was approved on the approved Final Map CT-85-35 and secured perma-
nently through a private access easement, and provided for the Planning Area 15 CC&R's.
A SITEUTILniES
All required utilities have been installed to the site to accommodate a residential structure.
^ GRADING OF SITE
Lot 308 was fully graded in accordance with a City of Carlsbad Grading Permit, to
accommodate a future residential structure at the same time (1990) that the adjacent Golf
Course and Plarming Area 13 was graded.
PROTECTION OF SITE
Erosion control and temporary landscaping of Lot 308 was completed in 1991 in order to
maintain the site in an attractive and natural manner. Although Lot 308 temporary land
scape is of the drought-tolerant variety it is not vegetated with native coastal Califomia
vegetation.
ULTIMATE DEVELOPMENT
The development on Lot 308 of a single-family home will be sensitive, and in compliance
with the Aviara architectural and landscaping guidelines, and the City of Carlsbad setback
and height restrictions.
A CC & R REQUIREMENTS
Lot 308 is included in the Aviara Master Homeowner's Association and will be required to
comply with the Master CC & R's.
AVIARA
1988 HISTORICAL EXHIBIT
.DtU'jmTt PARK
i
AVIARA
OPEN SPACE EXHIBIT - 1990
PRESERVED NATURAL
GOIF COURSE
MANUFACruREO OPEN SPACE
BATIQUITOS LAGOON
PARK SITE
AVIARA
ENVIRONMENTAL REVIEW
Development of Lot 308 with a single family home has been determined by the Planning Director to UQl
result in any significant environmental impacts;
It does not disturb any existing or proposed wildlife corridors. No obstmction to wildlife
passage will result due to the width of the surrounding unobstructed corridor.
It does UQL create any adverse visual impact. Architectural requirements dictate that it will be
fully in scale with the area. Its view from the west will be largely hidden by existing the golf
course and domestic landscape.
A It is noi incompatible with surrounding land uses. It is a single family home, within a residen-
tial planned community which accommodates a diversity of housing types, in the middle of a
city.
It does nol affect existing biological quality. It is a previously graded site, which does not
contain sensitive vegetation.
It is. consistent with the Local Coastal Program and all other applicable regulatory land use
documents affecting the area.
TAX AND ASSESSMENT HISTORY
*6) Lot 308 has been assessed on taxes on a residential property status since 1989. The property is
current on its payment of taxes.
<6 Lot 308 is current on its Master HOA dues.
i
AVIARA
8
AERIAL PHOTO - 1990
AVIARA
INTRODUCTION TO
COMPUTER-SIMULATED GRAPHICS
On the following pages, computer-simulated graphics of an exampled house placed on Lot 308 are
demonstrated. These graphics are to horizontal and vertical scale, and provide view analysis from a
variety of locations, as shown on the View Location Map below.
VIEW LOCATION MAP
^^^^ LOT 308
LOT 300
I LOT 297 I ~l SANDPIPER
AVIARA
•D
LOT 300
Two STORY - LOT 297
11
Two STORY - LOT 292
Two STORY - LOT 289
Two STORY - PLANNING AREA 26 N.
i
AVIARA
ONE STORY - LOT 297
ONE STORY - LOT 292
ONE STORY - PLANNING AREA 26 N.
CHRONOLOGY
1987 MASTER PLAN APPROVAL
TENTATIVE MAP APPROVAL
1988 LOCAL COASTAL PROGRAM
1989 FINAL MAP APPROVAL
1990 SITE GRADED
1994 GENERAL PLAN AMENDMENT TO OPEN SPACE
1996 AVIARA / CITY RECOGNITION OF GENERAL PLAN
AMENDMENT NEED
AVIARA BUILDING CRITERIA
• ARCHITECTURAL STANDARDS
• LANDSCAPE GUIDELINES
• CC&R'S
• CITY / COASTAL REQUIREMENTS
- SETBACKS
- HEIGHTS
• PROPERTY VALUE DICTATES QUALITY
AVIARA
Attachment 1
AVIARA
NUfTER AiiCCl.ATION
May 11, 1992
Dear Homeowner,
As you may be aware, the Planned Community of Aviara is situated in an
environmentally sensitive coastal setting. Approval of the community required extensive
environmental review, including a 400 page EIR, and concurrence from 18 separate agencies.
As you can imagine, this process took some 5 years to achieve.
The result is a unique community in which large acreages of natural habitats are
preserved as native open space. In addition to the Batiquitos Lagoon wetlands. Coastal
chaparral, eucalyptus groves, oak groves and similar wildlife habitats are preserved between
and amongst the neighborhoods of Aviara.
These scenic resource areas have been protected and preserved from die impacts of
intensified use of the property by way of an Open Space Deed Restriction Agreement between
the Aviara developers and the Califomia Coastal Commission on behalf of the State of
California. This agreement is irrevocable and benefits the property, runs with the land and is
binding to all it's assigns or successors.
The Open Space Deed Restriction prohibits any alteration of landforms, removal of
vegetation or the erection of structures of any type without the written approval of the
Califomia Coastal Commission.
Maintenance programs have been established to ensure the vitality of the environment
for these sensitive areas. Approximately three and a half million square feet (Phase I) of deed
restricted protected open space has now been tumed over to the Master Association to own and
maintain.
It is of utmost importance that the Master Association maintain these areas within the
guidelines and at the levels prescribed by the Coastal Commission and the City of Carlsbad.
201! PALOMAR AIRPORT ROAD, jL'lTE ZC'fx CARLSFAP. CALIFORNLA
Idl^)) 'JJl-lAC FAX: I'M-:*)
May 11, 1992
Page 2
Please do not affect or impact these native areas. Should you have any questions or
concems regarding these areas, please feel free to contact Adrian McKibbui at the Walters
Management Company at 296-6225.
Thank you for your cooperation in maintaining the integrity of the Aviara open space
program.
Sincerely,
Pamela Whitcomb
President
openspac.ahz
UEGEND
|/^cx>vsTAi. resojnx APEA
EU>i.YFIlaS GfCVE
AVIARA
CO/\ST/\L RESOURCE /\RE/^
Attachment!
THIRD ADDENDUM
TO
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
(COMMON AREA I .PI'S)
I. Master Association Common Area:
A. Master Open Space Lot 3 of City of Carlsl)ad Tract 85-35, Phase I-Unit A, as shown on
Map 14209;
n. Master Open Space Lot 11 of City of Carlsl)ail Tract 85-35, Phase I-Unit A, as siiown
on Map 12409;
C. Master Opeji Space Lot 99 of City of Carlsbad Tract 85-35, Phase I-Unit C, as shown
on Map 12411;
D. Master Open Space Lot 100 of City of Carisbad Tract 85-35, Piiase I-Unit C, as shown
on Map 12411;
E. Master Open Space Lot 227 of City of Carlsbad Tract 85-35, Phase I-Unit C, as shown
on Map 12411;
F. Master Open Space 228 of City of Carlsbad Tract 85-35, Phase I-Unil C, as shown
on Map 12411;
G. Master Open Space Lot 229 of City of Carlsbad Tract 85-35, Phase I-Unit C, as shown
on Map 12411;
II. Master Open Space Lot 231 of City of Carlsbad Tract 85-35, Phase I-Unit D, as shown
on Map 12412;
I. Master Open Space UM 232 of City of Carlsbad Tract 85-35, Phase I-Unit D, as shown
on Map 12412;
J. Master Oj)en Space Lot 306 of City of Carlsbad Tract 85-35, Phase I-Unit E, as shown
on Map 12413; and
K. Master Open Space Lot 307 of City of Carlsbad Tract 85-35, Phase I-Unit E, as shown
on Map 12413.
II. Project Association Common Area:
I^t 303 of City of Carlsbad Tract 85-35, Phase 1-Unil D, as shown on Map 12412.
Buyer: •J^,, Seller:
'I Initials Initials
Lot 285 - Ettinger
|lUJI0160.AB2
1/08/93 JCIl:etl
LOT 291
20* from fence
LOT
20*
289
from fence
LOT 293
20* from fence
LOT 290
20* from fence
LOT 292
20* from fence
LOT 286
20* from fence
LOT 284
20* from fence
LOT 285
20* from fence
LOT 294
20* from fence (incl PAIS)
LOT 295
20* from fence
LOT 296
20* from fence
LOT 294
20* from fence
4^' f 1 '
.ER NO. 1133440-15
FIRST AMERICAN TITLE INSURANCE COMPANY
4~1 1 IVY STREET, SAN DIE GO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
DECEMBER 17, 1996
HILLMAN PROPERTIES WEST
2011 PALOMAR AIRPORT RD. 1#206
SUITE 206
CARLSBAD, CA 92009
-ATTN: PAUL KLUKAS
YOUR REF: AVIARA
OUR ORDER NO. 1133440-15
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, THIS 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 B E SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS
OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,
CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY
OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD
BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE
EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT
CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU
WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TES 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.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF DECEMBER 12, 1996 AT 7:30 A.M.
~ ___' "~_) 14~ ____s~
GREG SPANIOL -ITLE OICER
DIRECT DIAL PHOnE 231-4656
FAX NO. 231-4647
PAGE 1
o
ORDER NO. 1133440-15
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
TO BE DETERMINED
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
'
DELAWARE LIMITED
PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR
1996-97, A LIEN NOT YET DELINQUENT.
2. A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD,
ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE
COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $________
PROVIDED CURRENT TAXES ARE PAID.
THIS IS NOT A PAY-OFF AMOUNT.
IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND'A
PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED B
YOU; AS INTEREST IS COMPOUNDED DAILY.
PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED
FROM AGENCY CONCERNED.
3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
PAGE 2
if
ORDER NO. 1133440-15
4. SUPPLEMENTAL TAMES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAM BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
5. THE FACT SAID LAND LIES WITHIN A 'BRIDGE AND THOROUGHFARE
DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF
CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986,
RECORDER'S FILE NO. 86-356638.
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE
CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES
COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN
THE BOUNDARIES OF THE DISTRICT.
6. AN AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT
AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE
TRAIL), DATED JUNE 6, 1988, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY
AND THROUGH THE STATE LANDS
COMMISSION, WITH THE CONCURRENCE
OF THE CALIFORNIA ATTORNEY GENERAL
AND PACIFIC RIM LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP.
RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $125,000,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 23, 1988 AS FILE
NO. 88-661636 OF OFFICIAL RECORDS.
DATED: DECEMBER 20, 1988
TRtJSTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
TRUSTEE: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
BENEFICIARY: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (OPEN
SPACE) RECORDED APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL
14, 1989 AS FILE NO. 89-196177 OF OFFICIAL RECORDS.
PAGE 3
ORDER NO. 1133440-15
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (TRAIL
RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL
14, 1989 AS FILE NO. 89-196179 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE IRREVOCABLE OFFER TO
DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS
RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL
14, 1989 AS FILE NO. 89-196181 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE MASTER DECLARATTON OF
COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JULY 5, 1989 AS
FILE NO. 89-354659 OF OFFICIAL RECORDS, BY THE TERMS OF A
SUBORDINATION AGREEMENT RECORDED JULY 24, 1989 AS FILE NO. 89-
388407 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT AND COVENANT
REGARDING CATV SERVICE RECORDED JUNE 1, 1990 AS FILE NO. 90-
298175 OF OFFICIAL RECORDS, BY THE TERMS OF SUBORDINATION
AGREEMENT RECORDED JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL
RECORDS.
AN INSTRUMENT DATED JUNE 22, 1992, RECORDED JUNE 29, 1992 AS FILE
NO. 1992-0406651 OF OFFICIAL RECORDS, EXECUTED AVIARA. LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN
PROVIDED.
AN INSTRUMENT DATED DECEMBER 6, 1993, RECORDED JANUARY 2, 1994
AS FILE NO. 1994-0060393 OF OFFICIAL RECORDS, EXECUTED BY AVIARA
LAND ASSOCIATES LIMITED . PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS
THEREIN PROVIDED.
AN INSTRUMENT DATED AUGUST 31, 1994, RECORDED SEPTEMBER 22, 1994
AS FILE NO. 1994-0563996 OF OFFICIAL RECORDS, EXECUTED BY AVIARA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA,. A CALIFORNIA
CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS
THEREIN PROVIDED.
PAGE 4
• .
ORDER NO. 1133440-15
. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF
THE INDEBTEDNESS SECURED BYSAID DEED OF TRUST, WHICH ASSIGNMENT
WAS EXECUTED BY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
TO : FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88-
661637
9. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER
SHOWING:
DEBTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
SECURED PARTY; FIRST INTERSTATE BANK OF CALIFORNIA
RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-661638 OF
OFFICIAL RECORDS.
PROPERTY COVERED: AS SET FORTH THEREIN
AN AMENDMENT TO SAID INSTRUMENT RECORDED JUNE 29, 1992 AS FILE
NO. 1992-0406652 OF OFFICIAL RECORDS.
AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED JUNE 29, 1992
AS FILE NO. 1992-0406652 AND JULY 15, 1993 AS FILE NO. 1993-
0453042, BOTH OF OFFICIAL RECORDS.
A PARTIAL RELEASE OF SAID FINANCING STATEMENT WAS RECORDED AUGUST
4, 1993 AS FILE NO. 1993-050378 OF OFFICIAL RECORDS.
AN AMENDMENT OF SAID FINANCING STATEMENT WAS RECORDED JANUARY 28,
1994 AS FILE NO. 1994-0065131 OF OFFICIAL RECORDS.
AN AMENDMENT OF FINANCING STATEMENT WAS RECORDED SEPTEMBER 22,
1994 AS FILE NO. 1994-0563997 OF OFFICIAL RECORDS.
10. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED
• SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 14,
1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS.
NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE NO. 90-
189679 OF OFFICIAL RECORDS.
11. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE)", DATED
MARCH 22, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS AND
RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND
THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989, AS
FILE NO. 89-196176 OF OFFICIAL RECORDS.
PAGE 5
ORDER NO. 1133440-15
A RELEASE OF DEED RESTR:c:IoN (OPEN SPACE) RECORDED JULY 9, 1990
AS FILE NO. 90-369910 OF OFFICIAL RECORDS.
A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED JULY 3, 1991
AS FILE NO. 91-0327679 OF OFFICIAL RECORDS.
A RELEASE OF DEED RESTR:CTION (OPEN SPACE) RECORDED FEBRUARY 4,
1992 AS FILE NO. 1992-0059246 OF OFFICIAL RECORDS.
:2. AN AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE
TRAIL), DATED MARCH 13, 1989, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE
CORPORATION AND THE CALIFORNIA
COASTAL COMMISSION.
RECORDED: APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
13. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE
EASEMENT AND DECLARATION OF RESTRICTIONS" (LAGOON NORTH SHORE
100' BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED
APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
14. AN AGREEMENT REGARDING DESILTATION BASIN/STORM DRAINAGE
MAINTENANCE AGREEMENT, DATED JUNE 28, 1989, UPON THE TERMS,
COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND CITY OF CARLSBAD.
RECORDED: JUNE 29, 1989 AS FILE NO. 89-345771 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
15. THE SUBDIVISION MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN
CONTAIN VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE
PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID SUBDIVISION
MAPS FOR FURTHER PARTICULARS.
16. AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES AS DELINEATED AND
DESIGNATED ON MAP NO. 12413, SUBJECT TO ANY TERMS AND CONDITIONS
CONTAINED THEREIN.
PAGE 6
I ..
ORDER NO. 1133440-15
17. AN EASEMENT FOR GENERAL UTILITIES AND ACCESS AND INCIDENTAL
PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12413, SUBJECT
TO ANY TERMS AND CONDITIONS CONTAINED THEREIN.
13. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATED
AND DESIGNATED ON MAP NO. 12413, SUBJECT TO ANY TERMS AND
CONDITIONS CONTAINED THEREIN.
19. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS
AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON
RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR
RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE
DECLARATION OF RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89-
354659 OF OFFICIAL RECORDS.
SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS
DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY
REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE
SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR
FIRST MORTGAGE.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE FOR VALUE.
FIRST AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED JULY 31, 1990 AS
FILE NO. 90-418521 OF OFFICIAL RECORDS.
SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEBRUARY 8,1991
AS FILE NO. 91-0057543 AND RE-RECORDED MARCH 15, 1991 AS FILE NO.
91-0114756, BOTH OF OFFICIAL RECORDS.
THIRD AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED SEPTEMBER 16,
1991 AS FILE NO. 91-0475307 OF OFFICIAL RECORDS.
FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT'S RIGHTS
UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE AVIARA COUNTRY CLUB AND RESORT, DATED JUNE
22, 1992, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED JUNE 29,
1992 AS FILE NO. 1992-0406653 OF OFFICIAL RECORDS.
PAGE 7
ORDER NO. 1133440-15
RESTATED SUPPLEMENTARY ANNEXATION FOR PHASE II AND ADMINISTRATIVE
MODIFICATION OF DEcLARAT:oN FOR AVIARA RECORDED FEBRUARY 24, 1994
AS FILE NO. 1994-0124633 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SA2 INSTRUMENT FOR FURTHER PARTICULARS.
:. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY
COVENANT, CONDITION CR RESTRICTION INDICATING A PREFERENCE,
LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX,
HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH
COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C), IN
AN INSTRUMENT RECORDED NOVEMBER 1, 1989 AS FILE NO. 89593671 OF
OFFICIAL RECORDS.
21. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION
FACILITIES, AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED
FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
22. AN AGREEMENT REGARDING CERTAIN IMPROVEMENTS AND EASEMENTS, DATED
MARCH 7, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND WESTERN NATIONAL
HOMES I LIMITED, A CALIFORNIA
LIMITED PARTNERSHIP.
RECORDED: MARCH 22, 1990 AS FILE NO. 90-153235 OF OFICIAL,
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
23. AN AGREEMENT REGARDING UNITY OF CONTROL, DATED FEBRUARY 20, 1990,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP; DAVIDSON COSCAN
PARTNERS , A CALIFORNIA GENERAL
PARTNERSHIP; LYON COMMUNITIES,
INC., A CALIFORNIA CORPORATION;
RDC DEVCO II LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP; A-
M HOMES, A CALIFORNIA LIMITED
PAGE 8
ORDER NO. 1133440-15
PARTNERSHIP AND BRAMALEA
CALIFORNIA INC., A CALIFORNIA
CORPORATION.
RECORDED: APRIL 16, 1990 AS FILE NO. 90-204778 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
24. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, DATED APRIL 17,
1990, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN,
EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS
CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED JUNE 1, 1990
AS FILE NO. 90-298175 OF OFFICIAL RECORDS.
AN ASSUMPTION AND EASEMENT AGREEMENT DATED APRIL 17, 1950, UPON
THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A
DELAWARE CORPORATION AND A-M
HOMES, A CALIFORNIA LIMITED
PARTNERSHIP.
RECORDED: JUNE 1, 1990 AS FILE NO. 90-298179 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
A PORTION OF SAID LAND WAS RELEASED FROM SAID INSTRUMENT BY
CORPORATION QUITCLAIM DEED, DATED MARCH 26, 1991, EXECUTED BY
DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED APRIL
15, 1991 AS FILE NO. 91-0168675 OF OFFICIAL RECORDS.
FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE,
RECORDED APRIL 15, 1991 AS FILE NO. 91-0168678 OF OFFICIAL
RECORDS.
SAID EASEMENT IS SUBORDINATE TO THE PEDESTRIAN ACCESS EASEMENT
RECORDED MAY 5, 1992 AS FILE NO. 1992-0270981 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED MAY
5, 1992 AS FILE NO. 1992-0270982 OF OFFICIAL RECORDS.
25. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO.
88-1 (ALGA ROAD), AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 31,
1990 AS FILE NO. 90-590739 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 9
S
ORDER NO. 1133440-15
26. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES D:sTRIcT NO. 1 AS DISCLOSED BY INSTRUMENT
RECORDED DECEMBER 19, 1990 AS FILE NO. 90-0674118 OF OFFICIAL
RECORDS.
NOTICE OF SPECIAL TAX L__-EN RECORDED MAY 20, 1991 AS FILE NO. 91-
0236959 OF OFFICIAL RECORDS.
27. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS
AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON
RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS,' OR
NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR
RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE
DECLARATION OF RESTRICTIONS RECORDED FEBRUARY 8, 1991 AS FILE NO-
- 91-0005743 AND RE-RECORDED MARCH 15, 1991 AS FILE NO. 91-0114756,
BOTH OF OFFICIAL RECORDS.
SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THI.S
DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY
REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE
SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR
FIRST MORTGAGE.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE FOR VALUE.
28. A HOLD HARMLESS AGREEMENT DATED FEBRUARY 20, 1991, UPON THE
TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP AND CITY OF CARLSBAD.
RECORDED: MARCH 22, 1991 AS FILE NO. 91-0127324 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS..
29. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE) ", DATED MAY
29, 1992 UPON THE TERMS, COVENANTS, AND CONDITIONS AND
RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN A.VIARA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND
THE CALIFORNIA COASTAL COMMISSION, RECORDED JULY .3, 1991 AS FILE
NO. 91-0327678 OF OFFICIAL RECORDS.
PAGE 10
S .
ORDER NO. 1133440-15
33• A HOLD HARMLESS AGREEMENT DATED JUNE 18, 1991, UPON THE TERMS,
COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP AND THE CITY OF
CARLSBAD.
RECORDED: JULY 10, 1991 AS FILE NO. 91-0337923 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
31. AN AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH
MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT
PLAN FOR ZONE 19, DATED JULY 25, 1991, EXECUTED BY AND BETWEEN
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF
THE STATE OF CALIFORNIA, RECORDED AUGUST 7, 1991 AS FILE NO. 91-
0397112 OF OFFICIAL RECORDS.
32. AN EASEMENT TO CONSTRUCT AND MAINTAIN, PLACE, OPERATE, INSPECT,
REPAIR, REPLACE AND REMOVE SUCH UNDERGROUND COMMUNICATION
FACILITIES AS GRANTEE MAY FROM TIME TO TIME REQUIRE (INCLUDING
INGRESS THERETO AND EGRESS THEREFROM) CONSISTING OF WIRES,
CABLES, CONDUIT, MANHOLES, HANDHOLES AND ABOVEGROUND MARKERS,
PEDESTALS, TERMINAL EQUIPMENT CABINETS, OTHER ASSOCIATED
ELECTRICAL CONDUCTORS AND NECESSARY FIXTURES AND APPURTENANCES
AND INCIDENTAL PURPOSES IN FAVOR OF PACIFIC BELL, A CALIFORNIA
CORPORATION, GRANTEE, ITS SUCCESSORS AND ASSIGNS, RECORDED
SEPTEMBER 6, 1991 AS FILE NO. 91-0456674 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
THE NORTH HALF OF SECTION 27, TOWNSHIP 12 SOUTH 1 RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN
THE DISTRICT LAND OFFICE.
EXCEPTING THEREFROM: THE EAST HALF OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER; THE EAST HALF OF THE NORTHEAST QUARTER THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER; TOGETHER WITH THOSE
PORTIONS OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER LYING
SOUTHERLY, SOUTHWESTERLY AND WESTERLY OF ALGA ROAD AND SOUTHERLY
OF POINSETTIA LANE ALL IN SAID SECTION 27.
THE ABOVE DESCRIBED EASEMENT SHALL BE LOCATED ON STRIPS OF LAND
THREE (3.00) FEET IN WIDTH AND FOURTEEN (14.00) IN LENGTH IN SAID
PROPERTY, THE APPROXIMATE LOCATIONS OF WHICH ARE SHOWN ON EXHIBIT
"AT", ATTACHED TO SAID INSTRUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 11
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ORDER NO. 1133440-15
33. AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT DATED JULY 29, 1993,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION.
RECORDED: AUGUST 25, 1993 AS FILE NO. 1993-0554264 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
34. LACK OF A RIGHT OF ACCESS TO AND FROM THE LAND.
35. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP
AGREEMENTS REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF
ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS.
1996-1997 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09027
215-612-24-00
$2,049.47 PAID
$2,049.47 OPEN
$59,599.00
$-0 -
$-0-
PAGE 12
ORDER NO. 1133440-15
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN T:-E STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND 15 DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 308 OF CITY OF CARLSBAD TRACT 85-35, PHASE I-UNIT
E, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989, FILE NO. 89-346189, BEING
MORE PARTICULARLY DESCRIBED ON CERTIFICATE OF COMPLIANCE RECORDED
SEPTEMBER 21, 1995 AS FILE NO. 1995-0422507 OF OFFICIAL RECORDS AS
FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 308; THENCE ALONG
THE WESTERLY LINE OF SAID LOT 308 NORTH 08-13'40" WEST, 95.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY
LINE NORTH 08 0 13'40" WEST, 480.39 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID LOT 308; THENCE ALONG SAID NORTHERLY LINE SOUTH 89 0 43'45 1
EAST, 87.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 308;
THENCE ALONG SAID EASTERLY LINE THE FOLLOWING:
SOUTH 2404611411 EAST, 154.52 FEET; THENCE SOUTH 01 0 56'01" WEST, 337.03
FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 44 0 56'44 11 WEST, 21.14
FEET; THENCE NORTH 73°12'48 WEST, 59.17 FEET TO THE TRUE POINT OF
BEGINNING.
T:15f01/9 1103133 V: I I : MF 00 PAGE 13