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HomeMy WebLinkAbout1991-04-17; Planning Commission; Resolution 31463.. e 6 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PUNNING COMMISSION RESOLUTION NO. 3146 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN NO. 201 ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, WEST OF THE AT&SF RAILROAD, EAST OF CARLSBAD BOULEVARD, AND NORTH OF LANIKAI LANE MOBILE HOME PARK. CASE NAME: LA COSTA DOWNS CASE NO: SP 201 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 3rd day of April, 1991, and on the 17th day of April, 1991, consider said request on property described as: Blocks 22, 23, 24 of Map 2013, La Costa Downs Unit No. 1 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to SP 201. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as followsr A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of SP 201, according to Exhibit "X", dated April 3, 1991, attached hereto and made a part hereof, based on the following findings and subject to the following conditions: d. /I e a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findinns: 1. The site is adequate in size and shape to accommodate residential development at the existing density. 2. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 3. School fees will be paid to ensure the availability of school facilities in the Carlsbad School District. 4. Park-in-lieu fees are required as a condition of approval. 5. All necessary public improvements have been provided or will be required as conditions of approval, 6. Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. 7. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on July 12, 1989 and recommended for Approval by the Planning Commission on April 17, 1991. In recommending approval of this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 8. All property owners in the Specific Plan area are by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. has agreed to abide by any additional requirements established by a Local Facilities 9. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 22. ... PC RES0 NO. 3146 -2- 'a . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a 10. The proposed guidelines allow residents a reasonable use of their land while providing a consistent fkmework for development to ensure a quality living environment. 11. The proposed Specific Plan implements the General Plan by providing small lot single family homes in an area with a density designation of Residential Medium, 4-8 du/ac. 12. The proposed Specific Plan is in compliance with the Growth Management ordinance because all property owners have been conditioned to comply with the requirements of the Local Facilities Management Plan (W) for Zone 22. The existing subdivision was included in the Zone 22 LFMp as an existing condition, therefore the demand on public facilities has already been analyzed. 13. The proposed public improvements will adequately serve the subject site with all necessary public facilities. 14. Noise impacts have been reduced as much as possible. Provisions have been included to ensure that future potential property owners are aware of existing noise impacts prior to purchase. 15. The proposed Specific Plan has no associated open space impacts as determined by the Open Space Advisoxy Committee at their meeting of January 24,1991. Conditions: 1. Approval is granted for SP 201, as shown on Exhibit(s) "A", dated April 3, 1991, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 3. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. ... PC RES0 NO. 3146 -3- I). 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e (b 4. All property owners shall pay park-in-lieu fees to the City, prior to the approval of building permits as required by Chapter 20.44 of the Carlsbad Municipal Code. 5. All property owners shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. 6. Water shall be provided and the developer shall be required to construct whatever improvements are required by the Water District Master Plan and the Local Facilities Management Plan for Zone 22. 7. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the Water District sewing the development determines that adequate water and service is available at the of occupancy. time of application for water service and will continue to be available until time 8. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 9. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 10. Prior to the issuance of the first building permit there shall be a notice of restriction on real property placed on the deed to property subject to the satisfaction of the Planning Director no&g all interested parties and successors in interest that the City of Carlsbad has issued a Specific Plan by Resolution No. 3146 on the real property owned by the declarant. Said deed restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the deed restriction. This approval shall not be effective and permits shall not be issued until this notice is recorded in the Office of the County Recorder. 11. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. ... PC RES0 NO, 3146 -4- I* /I * 0 1 2 3 4 5 6 7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of April, 1991, by the following vote, to wit: AYES: Vice-Chairperson Erwin, Commissioners: Schlehuber, Marcus & Hall NOES: Commissioners: McFadden & Schramm. ABSENT: Chairperson Holmes. 8 I1 ABSTAIN: None. 1 9 10 11 12 13 ATTEST: x=* - TOM ERWIN, Vice Chairperson CARLSBAD PLANNING COMMISSION 14 15 % l6 /I PLANNING DIRECTOR 17 18 19 20 21 22 23 24 25 26 27 28 \ AL:rV0:km PC RES0 NO. 3146 -5- ?. 0 0 EXHIBIT 'X' Apd 3,1991 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING SPECIFIC PLAN 201 ESTABLISHING DEVELOPMENT STANDARDS ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, WEST OF THE AT&SF RAILROAD, EAST OF CARLSBAD BOULEVARDy AND NORTH OF LANIKAI LANE MOBILE HOME PARK. CASE NO: SP 201 WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and considered a Specific plan for future development of the site; and WHEREAS, after procedures in accordance with the requirements of law the City Council has determined that the public interest indicates that said plan be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: The La Costa Downs Specific Plan, SP 201, dated April 3, 1991, on file with the Planning Department and incorporated by reference herein is approved. The Specific Plan shall provide the development standards and guidelines for this property and all development of the property shall conform to the plan. SECTION 2: That the findings of the Planning Commission contained in Resolution Nos. 3145 and 3146, incorporated herein by reference shall constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. ... c. II 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of ) 1991, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 1991, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY VINCENT F. BIONDO, JR., City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) AL:rVo:km 1. 0 0 - !! ' I:, I #ill 1111 ;ill, !liil J//i ://:I 1;; (,!i! I;!/ :,/!I ;!,I: /,,!I iljl ! '/I;/ !I Iljll [!:/I iljii !\$ J/ij; ! I, iiI/ I. " !I!// 11!(/ ijj!i /I.;: jj/lj I!! 1 i[il \\;\I Ill![ j//i/ ~ ! / 1 i i ,/j'! i ///I j 'iill I I,; I i ! iiiii i !;//I 1 !$I/ /!'!I ! 11~~1 1 1 11 iJ I SP 201 LA COSTA DOWNS i SPECIFIC PLAN I April 3, 1994 ,I Ail - -4 I , "._ I 0 TABLE OF CONTENTS 1 . INTRODUCTION ................................................. 1 A . PURPOSE ............................................ 1 8 . LOCATION ............................................ 1 C . LAND DESIGNATIONS ................................... 3 D . GENERAL PROVISIONS: ................................. 3 II . IANDUSE ...................................................... 4 A . PERMlJTED USES ...................................... 4 B . DEVELOPMENT STANDARDS ............................. 4 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 1 4 . 1 5 . 16 . 17 . 18 . LOTSIZE ....................................... 4 LOTCOVERAGE .................................. 4 SETBACKS ...................................... 4 PARKING ....................................... 5 BUILDING HEIGUT ................................ 5 LANDSCAPING ................................... 5 COASTAL DEVELOPMENT PERMIT .................... 5 GRADING/DRAINAGE .............................. 5 PARK-IN LIEU FEE ................................ 5 SCHOOLFEES ................................... 6 PUBLIC FACILITIES FEE ............................ 6 STREET IMPROVEMENTS ........................... 6 PHASING OF PUBLIC IMPROVEMENTS ................ 8 PUBLIC IMPROVEMENT FINANCING .................. 10 NOISE AlTENUATION ............................. 10 MAILBOXES .................................... 11 LOCAL FACILITIES MANAGEMENT PIAN .............. 11 NOTIFICATION OF SPECIFIC PIAN ................... 12 111 . ARCHITECTURAL GUIDELINES .................................... 13 . 13 8 . BUILDING ARCHITECTURE .............................. 16 C . BUILDING MATERIALS .................................. 22 A SITE DESIGN ......................................... i !. 0 e ILLUSTRATIONS Pacle 1. LocationMap ................................................ 2 2. SiteDesign ....................................... (......... 14 3. Corner Lot Treatment , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . 15 4. Figure 1, Residential Architecture, Streetscape Elements . . . . . . . . . . . . . , . . . . . . . . . . , . . . , . . . . , , . . . , , 18 5. Figure 2, Residential Architecture, Garage Front Orientation . . . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . , . . 19 6. Figure 3, Architectural Design Elements, Building,Facade ............................................ 20 7. Figure 4, Residential Architecture, Building Facade Variation . . . , . . . . . . . t . . . . . . . . . . . . . . . . . . . . . . , , . 21 8. Road Alignment and Lot Adjustment Study . . . . . . . . . . . . . . , . . . . . . , . . . 23 9. Street Cross - Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . 24 ii W EXHIBITS Paae 1. Exhibit A, Notice Concerning Proximity of Carlsbad Boulevard ....................................... 25 2. Exhibit B, Notice Concerning Aircraft Environmental Impacts ....................................... 28 Environmental Impacts ....................................... 31 3. Exhibit C, Notice Concerning Railroad 4. Exhibit 0, Full Size Road Alignment (Previously Distributed) iii \. e 0 LA COSTA DOWNS SPECIFIC PLAN 1. INTRODUCTION A. PURPOSE: In the 1920s the area known as La Costa Downs was subdivided into parcels and narrow streets, both now considered substandard, which make the area difficult to develop according to present standards. The La Costa Downs Specific Plan addresses this issue by providing a comprehensive set of guidelines to ensure orderly, attractive, and harmonious development. The guidelines are intended to create a residential development with standards which reflect, for the most part, those of a regular R-1 subdivision. In a few areas, criteria are more restrictive because of the smaller lot size. By establishing a specific set of standards, homeowners will know how they can best develop their property without the need for numerous variances from City standards. B. LOCATION: The subject property is approximately 4.5 acres in size and is located south of Palomar Airport Road, west of the AT&SF Railroad, east of Carlsbad Boulevard, and north of Lanikai Lane Mobile Home Park (see next page for location map). 1 i. 0 0 C. LAND DESIGNATIONS: EXISTING PROPOSED GENERAL PIAN: RM (4-8 du/ac, 6.0 g.c.p.*) N/A ZONING: R-1-10,OOO NIA LOCAL COASTAL PLAN: 3 MHD (10-20 dulac) NIA GROWTH MANAGEMENT: Zone 22 LFMP N/A D. GENERAL PROVISIONS: 1. The Specific Plan implements the City of Carlsbad’s General Plan and Municipal Code by providing guidelines and standards for the full development of the area by requiring facilities and services consistent with the regulations and ordinances of the City’s Local Facilities Management Plan for Zone 22; and by ensuring that all City standards and requirements will be met in a consistent and uniform manner, Unless specifically discussed in this Specific Plan, all City policies and ordinances apply to the La Costa Downs Specific Plan Area as they would apply to any property in the City of Carlsbad. Unless specifically addressed, the Specific Plan requires conformance with all applicable City development standards and requirements, 2. The Specific Plan sets standards for development and does not provide a guarantee of approval for future discretionary acts or projects within its boundaries. The permitted uses and development standards contained in this plan may be more stringent.than those found in the underlying zoning. Therefore, the provisions of this plan shall take precedence over the underlying zone. The provisions of the underlying zone shall apply to subjects not covered in this plan. Where conflict may exist between this Specific Plan and the underlying zone, the most restrictive shall prevail. 3. Development within the Specific Plan shall be subject to all present and future Growth Management plans, policies or ordinances adopted by the City Council or by citizen vote including but not limited to Chapter 21.90 of the Caflsbad Municipal Code (Growth Management). A Local Facilities Management Plan for Zone 22 was previously processed pursuant to the Clty’s Growth Managment Program. This zone plan provides a detailed description and analysis of how Zone 22 will develop from its current status to buildout. The zone plan also demonstrates how and when each facility and improvement will be constructed in order to accommodate development within the Zone (phasing). The zone plan also provides a complete description of how each facility and improvement will be financed when mitigation is necessary. *Growth Control Point 3 m II. LAND USE A. PERMlllED USES Single family, detached dwellings, and accessory structures. Any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of this Specific Plan. 8. DEVELOPMENT STANDARDS 1. LOT SIZE: Lots created by La Costa Downs, Unit No. 1, Map 201 3 cannot be further subdivided. Individual lot size reductions made by the County Assessor’s Office for tax purposes are not considered legal lots by the City of Carlsbad. Building permits will not be issued for any lot adjusted to a smaller size than those lots shown on La Costa Downs Unit No. 1 ,, Map. 2013. Lots may be merged to increase buildable area if processed pursuant to Chapter 20.36 of the Carlsbad Municipal Code. a) Prior to the issuance of building permits for Lots 8 or 13 of Block 23, the property owners shall submit a request for a Certificate of Compliance to determine whether or not these lots were legally divided. 2. LOT COVERAGE: Maximum 40%. 3. SETBACKS (after required dedications are made): a) - Front: 20 feet from property line. b) Street sidevard: 10 feet from property line. c) Side: 10% of the lot width or a minimum of 6 feet whichever is most restrictive, however, such sideyard need not exceed ten feet. d) - Rear: 15 feet from the property line. e) Proiections: Fireplace structures, cornices, eaves, belt courses, sills, buttresses, and other similar architectural features projecting from a building may intrude up to two feet into the required distance between buildings. 9 Accessorv Structures: One-story accessory structures, patio Covers, etc,, within the rear yard shall be set back a minimum of 5 feet from the side and the rear property lines. The distance between buildings used for human habitation and accessory buildings shall not be less than ten feet. g) Roof decks: Roof decks may be constructed as long as they are an integral part of the structure and do not extend into any required yard. 4 0 0 4. PARKING: Each single family dwelling must provide a two-car garage with a minimum at the curb with a preferred width of 16’. interior dimension of 20’ x 20’. Driveways shall be a maximum width of 24’ 5. BUILDING HEIGHT: No newly constructed, reconstructed, altered or enlarged residential structure wittiin the La Costa Downs Specific Plan shall exceed two stories or twenty-five feet in height, whichever is less. Covered parking areas shall be considered to be a story and shall be included in determining building height. 6. LANDSCAPING: A minimum of one 15 gallon tree shall be planted in each front yard setback prior to occupancy. One of the following species may be selected: Cupaniopsis Anacardioides (Carrotwood), or Washingtonia Robusta (Mexican Fan Palm). Trees shall be planted a minimum of 3’, from inside the property lines and set back from the corner per City requirements. All other landscaping shall be selected by individual property owners. All landscaping shall be installed and maintained by property owners. Drought tolerant landscaping is encouraged. 7. COASTAL DEVELOPMENT PERMIT: All of the La Costa Downs Specific Plan area is in the Coastal Zone and therefore subject to the requirements of the California Coastal Commission. To ensure compliance with these regulations, prior to the issuance of each building permit, the project applicant shall submit a copy of a Coastal Development Permit approving development that is in substantial conformance with the La Costa Downs Specific Plan (SP 201). 8. GRADING/DRAINAGE: All lots shall follow the natural terrain to the most feasible extent possible. Cut and/or fill on each lot shall be limited to that necessary to provide adequate drainage. Drainage of each lot shall be directed to a public street or approved easement. Lots within Block 22 (adjacent to AT&SF Railroad) shall follow the natural drainage course adjacent to the railroad right-of-way. 9. PARK-IN LIEU FEE: All property owners shall pay park-in-lieu fees to the City, prior to the approval of building permits as required by Chapter 20.44 of the Carlsbad Municipal Code. 5 rn W 10. SCHOOL FEES: All property owners shall provide school fees to mitigate conditions of overcrowding as part of their building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. 11. PUBLIC FACILITIES FEE: Prior to the issuance of a building permit on each lot, each property owner shall pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan. 12. STREET IMPROVEMENTS: Streets shall be designed in compliance with the following criteria: (Please refer to Street Cross - Sections, page 24.) a) ANACAPA ROAD (NORTH OF DESCANSO): 1) 60’ right-of-way width. 2) 40’ curb to curb width. 3) 5.5’ contiguous sidewalks on both sides. b) ANACAPA ROAD (SOUTH OF DESCANSO) AND FRANCISCAN ROAD: 1) 46’ right-of-way width (existing 40’ right-of-way plus additional 3’ street dedication required by property owner on each side of street). An additional 3’ utility easement shall be required on each side of the 46’ right-of-way. 2) 36’ curb to curb width. 3) 5’ contiguous sidewalks on both sides (includes top of curb). 4) Parking shall be limited to one side of Anacapa Road until such time as Lanikai Lanes Mobile Home Park can be served with an alternate access. , c) DESCANSO BOULEVARD: 1) 51’ right-of-way width (existing 40’ right-of-way plus additional 11’ dedication will be required from property owner on north side of Descanso at time of development). An additional 3’ utility easement shall be required on the south side of Descanso Boulevard adjacent to the 51 ’ right- of-way line. 2) 36‘ curb to curb width. (No access from office property at north to Descanso Blvd.). 6 s. 0 0 3) 5’ contiguous sidewalks on both sides (includes top of curb). 4) Additional 11’ dedication required by property owner on north side of Descanso Blvd. No dedication will be required from property owner on south side of Descanso. d) CUL-DE-SAC DESIGN ON ANACAPA ROAD: 1) Curb radius = 38’ 2) Tangent length = 50’ 3) Additional dedication may be required as determined by the City Engineer. 4) Until alternate access is provided to Lanikai Lane Mobile Home Park, a modified knuckle shall be constructed as shown on the “Road Alignment“ illustration page 23. 5) Construction of full cul-de-sac and modified knuckle is required prior to occupancy of any building on Lots 8 or 9 of Black 24 and Lots I I, I2 or 13 of Block 23. e) LA COSTA BOULEVARD: 1) Adjacent property owners may request street vacation by City of Carlsbad. Existing utilities will remain within appropriate easements. (Note: All street vacations must conform to State Code and are subject to approval by the City Council). Designated easements will be utilized to calculate lot size and determine setbacks; however, building construction shall not occur over said easement. 2) Additional right-of-way may be required as determined by the City Engineer. fl ACCESS TO LANlKAl LANE MOBILE HOME PARK: (Refer to “Road Alignment, page 23.) Access to Lanikai Lane Mobile Home Park, shall be provided via an existing 25’ wide easement plus additional right-of-way as required by City Engineer. Improvement of this access shall include but not be limited to modified knuckle and A.C. pavement base. It shall be the responsibility of the adjacent lots to develop this access (Ref. 13a)4) below). This access shall be considered temporary until permanent access to Carlsbad Blvd. is constructed. Permanent access to Lanikai Lane Mobile Home Park will be located approximately 2800 feet south of the existing Anacapa Bridge. When permanent access to Lanikai Lane is constructed, the access easement across Lot 9 of Block 24 shall remain as an emergency secondary access. A Knox Box gate shall be installed by the developer conditioned to provide permanent access to Carlsbad Boulevard. 7 w W 13. PHASING OF PUBLIC IMPROVEMENTS: Prior to development of any property within the Specific Plan boundary, certain public improvements are needed to ensure the health, safety and welfare of the future residents and the traveling public. The following conditions were developed to ensure adequate provision of these improvements concurrent with or prior to development of the properties covered by this Specific Plan. a) STREETS: Prior to issuance of any building permit within the Specific Pian boundary, the owner/permittee shall complete or guarantee the completion of the following traffic circulation improvements to provide safe vehicular and pedestrian access to the site. These improvements shall be constructed to the satisfaction of the City Engineer prior to occupancy of the respective dwelling unit. 1 ) Full half street improvement along the property frontage with the adjacent local street in accordance with the feet of pavement on the opposite side of the street. 2) Any necessary offsite pavement and curbs to safely and adequately handle drainage and traffic circulation. 3) For units on Franciscan Road, construction of a minimum 28 foot wide street section offsite from the building site to Anacapa Road to provide safe ingress and egress to the project site. standards of this Specific Plan and City standards plus 14 4) Lots 8 and 9 of Block 24 and Lots 11, 12 and 13 of Block 23 shall be responsible for the full construction of a modified knuckle at the south end of Anacapa Road to provide vehicular turnaround and continued safe access into the Lanikai Lane Mobile Home Park. 5) Lots 1 thru 9 inclusive of Block 24 are responsible for the construction of curbs, gutters and street lights along their frontage on Carlsbad Boulevard. If the ultimate alignment of Carlsbad Boulevard has not been fixed at the time of building permit issuance, the owner/permittee shall post a cash deposit with the City in the amount of $40.00 per lineal foot of frontage. The deposit amount includes provision for the design, construction, inspection and contract administration of the required improvements and shall be adjusted for inflation using the latest Engineering News Record Construction Cost Index. The current value as of April 3, 1991 , of the ENR Construction Cost Index is $4,754.90. 8 I. 0 0 6) Prior to the issuance of each building permit, property owners shall install a temporary provision for a fire truck turnaround at any dead end access road which is in excess of 150 feet in length. b) SEWER: c) 1) Prior to issuance of any building permit within the Specific Plan boundary. the owner-permitee shall construct a public sewerline along the property frontage and offsite of the property to the existing sewer trunkline at the south side of the Specific Plan boundary along an alignment determined by the City Engineer. This sewer line shall be completed to the satisfaction of the City Engineer prior to occupancy of the respective dwelling unit. WATER: 1) Prior to issuance of any building permit within the Specific Plan boundary, a looped water line, sized in accordance with the Carlsbad Municipal Water District requirements, shall be provided from the existing water line along the southern Specific Plan boundary down Anacapa Road to Descanso Boulevard and from Descanso Boulevard back to the existing water line. All areas of the water line beneath paved sections shall include all water service laterals to each of the properties. 2) Prior to issuance of building permits on Lots 10 or 11 of Block 23, or Lot 11 of Block 22, the owner shall construct a 15’ wide all-weather access road in the water easement to the satisfaction of the Carlsbad Municipal Water District. 3) All fire hydrants shall be provided as shown on Exhibit D and shall be designed to the satisfaction of the Fire Department to maintain a required fire flow of I000 gallons per minute (GPM) at 20 pounds per square inch (PSI) residual. All fire hydrants shall be provided prior to occupancy of the first unit. d) UNDERGROUNDING OF PUBLIC UTILITIES: 1) Prior to issuance of any building permit within the Specific Plan boundary, the owner shall enter into an agreement not to oppose the formation of an underground assessment district. if the street and utility improvements for the Specific Plan area are constructed utilizing an assessment district or other comprehensive financing program, all overhead lines within the Specific Plan boundary shall be undergrounded to the satisfaction of the City Engineer. If individual owners construct the required improvements, the overhead utility lines may remain or be relocated consistent with the proposed improvements, 9 e w i 4. PUBLIC IMPROVEMENT FINANCING: Since adequate public improvements do not exist to sewe the Specific Plan property, and because it is burdensome for one property owner to install the initial infrastructure needed to provide adequate public services to their property, alternative financing may be necessary to develop the Specific Pian properties. The following is a listing of the available financing alternatives to fund construction of the needed improvements, a) Assessment District: There are several state laws which deal with the formation of special assessment districts for the purpose of financing street and utility improvements. Generally, the formation of such a district involves the submittal of a petition containing the signatures of a majority of property owners within the proposed district and the consent of the Crty Council to form the district. City policy would normally require that the owner/developer front the needed money to prepare the design plans and retain counsel prior to formation of the district, This is the preferred method to finance and construct the required improvements. b) Owner/DeveloPer Funded: Several owners within the Specific Plan boundary could join together and pool their resources to design, construct and finance the required improvements. c) Reimbursement Aareement: City Ordinances provide for the establishment of reimbursement agreements with owner/developers wherein the required improvements exceed the need of one particular developer. This generally applies to the oversizing of sewer, drainage and water facilities. Since the drainage, utility and road improvements required of this Specific Plan area are the minimum required by City standards to serve even one unit, reimbursement agreements would not be an appropriate financing tool for this project. 15. NOISE ATTENUATION: Lots located in the La Costa Downs Subdivision may be subject to possible noise and vibration impacts from the Atchison, Topeka and Santa Fe Railroad, Carlsbad Boulevard and the McCellan Palomar Airport. Because the property was subdivided in 1929 it is not subject to the City’s present Noise Policy; however, to improve the quality of life for La Costa Downs residents, the following noise mitigation measures shall be complied with: a} Prior to issuance of a building permits, the Building Director shall review the architectural plans to ensure compliance with the State of California interior noise standard of 45 CNEL. At that time, any additional measures (thicker glazing, sound absorption material, shielding of vents, or artificial circulation system) to further attenuate the noise to an acceptable level shall be required. 10 i. e 0 1) Where windows are required to be unopenable or kept closed in order to meet the interior noise standards, mechanical ventilation and cooling, if necessary, shall be provided to maintain a habitable environment. The system shall supply two air changes per hour to each habitable room including 20% (one-fifth) fresh make-up air obtained directly from the outdoors. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct or six feet plus one sharp 90" bend. b) Prior to the close of escrow upon the sale of each lot, the owner shall prepare and record a notice that this property may be subject Santa Fe Railroad and the McClellan Palomar Airport in a manner meeting the approval of the Planning Director and City Attorney (See Exhibits A, B, and C). to impacts from Carlsbad Boulevard, the Atchison, Topeka and c) Prior to occupancy of the first dwelling unit, decorative six foot block walls shall be constructed along the Atchison, Topeka and Santa Fe Railroad property line and the Carlsbad Boulevard right- of-way line. The design of said wall shall be subject to the approval of the Planning Director and City Engineer. Property owner(s) may enter into a reimbursement agreement with the City administering the agreement and the property owners paying 100% of the cost of construction including administration fees. 16. MAILBOXES: Combined mailbox units shall be placed behind the sidewalk subject to the approval of the City Engineer. 11 0 t ., , 17. LOCAL FACILITIES MANAGEMENT PIAN: La Costa Downs is located within Local Facilities Management Plan Zone 22 and must comply with all conditions stipulated therein and any amendments made to that plan prior to the issuance of building permits. These conditions include the requirement for the property owners in Zone 22 to provide a comprehensive financing plan which must be approved by the City Council prior to the issuance of a grading permit or building permit, whichever occurs first. Key facilities to be financed include drainage and circulation. a) Drainage: The Local Facilities Management Plan for Zone 22 did not specify upgrades to existing drainage structures. The City of Carlsbad is currently upgrading its Drainage Master Plan which will evaluate the capacity of major storm drain facilities impacted by this specific plan. If the storm drain facilities are determined to be inadequate, then future development in this specific plan will be required to participate in appropriate mitigation. b) Circulation: A financing plan guaranteeing the construction of the following circulation facilities must be approved: I) Palomar Airport Road and 1-5 interchange 2) Poinsettia Lane and 1-5 interchange 3) Palomar Airport Road widening 4) Poinsettia Lane widening 5) Completion of Avenida Encinas 6) Intersection and signal modifications as necessary 18. NOTIFICATION OF SPECIFIC PLAN: Prior to the issuance of the first building permit on each lot there shall be a deed restriction placed on the deed to each lot subject to the satisfaction of the Planning Director notifying all interested parties and successors in interest that the City of Carlsbad has issued a Specific Pian on the real property owned by the declarant. Said deed restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions Or restrictions specified for inclusion in the deed restriction. Said deed restriction@) may be modified or terminated only with the approval of the City Council of the City of Carslbad. 12 I. 0 0 111. ARCHITECTURAL GUIDELINES A. SITE DESIGN: In La Costa Downs, as in all small lot subdivisions, architecture becomes a very important element in the overall design. The La Costa Downs Specific Plan does not propose one style of architecture nor one set of design standards: however, architecture utilizing elements of good design is desired. On the following pages, a series of architectural guidelines and schematics are presented to provide additional guidance to property owners. It should be noted that the schematics and building envelopes are prototypes and are not intended to constrain more creative solutions. 13 W SITE DESIGN 60' TYPICAL _"" I " I I I TYPICAL BUILDING ENVELOPE EXAMPLE FLOOR PLAN EXAMPLE LOT SIZE: 6 0' x 80' LOT WIDTHS AND DRIVEWAY LOCATIONS OESIGNi ACCOMMODATE ONE ON-STREET PARKING SPAC€ PER RESIDENCE City standards require minimum 5 foot positive drainage away from building footing or 3 foot upon Soils Engineer recommendation. Other standards govem berm height and width reouiremenfs along top of slope. Drainage details to be approved by City Engineer at time of building plancheck. 14 0 0 CORNER LOT TREATMENT USE SINGLE STORY + ;. ! - i :I I i/ I 1 I lfg::zuz .“- \I ’; “ L - t “ 1 I - OR SET BACK TWO STORY ELEMENT I -P ! I Y i I 1 I ! I i “ “ - I I I 1 - I OR INCREASE SIDEYARD SETBACK 7//-+. 4.5‘ * 16’ RW-OF-WAY TWO f 1 0‘ ’I “““-““aT 4.6‘ SIDEWALK mAL 5’ FOR i\L” -A SIOMARO FOA CORNER SETBACK LOT Two STORY STRUCTURE 15 0 0 i B. BUILDING ARCHITECTURE: BACKGROUND An important element in a quality residential environment is its aesthetic appearance. Residential neighborhoods that are visually and aesthetically pleasing - that possess a sense of harmony and continuity -- contribute to a relaxed and enjoyable lifestyle. Strong and balanced architectural design can create a "sense of place" whereby residents can easily identify and relate to their own homes and neighborhoods. A pleasing living environment can be created through the application of good these design principles is directed towards residential architecture and the streetscape. architectural and neighborhood design principles. The primary application of GENERAL DESIGN STANDARDS The following set of architectural standards may help the architect, planner, engineer and builder in creating aesthetically pleasing residential areas: 4 Visual interest should be created through the use of varied entry treatments in single 4 Varied building height and roof massing are encouraged. See Figure 1, page 18. 4 To create streetscape variety, multiple building elevation treatments - including roof, 4 Streetscape unity can be strengthened through the use of common roof, siding, wall and family and townhome type dwelling units. See Figure 1, page 18. window, siding, trim, accent, garage door and/or entry types, should be utilized. fence materials or through the use of common exterior architectural treatments on structures located along the street. Alternatively, variety can be created by introducing a limited number of different roof, side, and wall materials or treatments on structures along a street. See Figure 1, page 18. 4 To avoid the dominance and repetitiveness of garage doors on the streetscene, property owners are encouraged to orient garages to face toward the side on some units. See Figure 2, page 19. 4 Building faces (particularly front elevation planes) and roof planes should be varied in placement and size to avoid visual monotony, and to create interest and human scale. See Figures 3 and 4, pages 20,21. 4 Further architectural articulation of building faces and roof planes can be accomplished through the introduction of sub-elements such as projections, dormers, roof ridge jogs, roof overhangs, building face trims, recessed doorways, bay windows, or entry courts. See Figure 3, page 20. 4 In two-story structures varied and horizontally offset floor plans can be used to produce exterior building and roof plane articulation. See Figure 3, page 20. 16 0 0 4 In two-story StruCtures, scale and vertical transition can be created in the front of the structure by "stepping back" the second story and providing a partial roof or trellis at the top of the first floor level. This eliminates continuous two-story vertical building planes. See Figure 3, page 20. 4 An accent window having a different or articulated shape (e.g., rounded, diamond and/or with contrasting moldings) or with a finer texture (e.@, many small panes) can be used to create interest on building elevations. See Figure 3, page 20. 4 Visual focus can be created through increasing texture, detail, color or trim in the architectural feature to be emphasized. Articulation of entries including doors, alcoves, entry walls, gates, overhead trellises/sunroofs, light fixtures, and contrasting colors, are common methods of creating building visual/functional focus and sense of identity. See Figure 3. page 20. 4 The texture and character of composition shingle roofs can be enhanced by using thick butt shingles and by adding double shingles along the hips and ridgelines of the roof. 4 When used on roofs, solar energy equipment such as solar panels, solar modules or piping should be well integrated into roof design in terms of placement and color. 4 To reduce the visual impacts on the traveling public using Carlsbad Boulevard, the rear building elevations on the homes backing up to Carlsbad Boulevard (a Scenic Corridor) shall integrate off-set building planes and articulated windows and doors into the architectural design. 17 a e FIGURE 1 RESIDENTIAL ARCHITECTURE STREETSCAPE ELEMENTS - STREETSCAPE ELEMENTS WHICH CREATE INTEREST: VARIED ROOF HElGH 9 VARIED ROOF TYPES ( VARIED BUILDING FACADE TREATMENTS' ACCENT FEATLRESI EflSCAPE ELEMENTS WHICH CREATE W: SYIKAI) ROOF AND STRUCRRE SIDrrJG MATERIALS SHlyAR AND PERmCAUY OC- SfREET TR 18 J e 0 FIGURE 2 RESIDENTIAL ARCHITECTURE GARAGE FRONT ORIENTATION _. SIDE OF GARAGE Lm-soyE omtoE Docyls Foh~~~Ec~ AVOID REpErmvEwSS SIDE ENTRY WHERE m ro TREAT THno ( TO SmN 1 19 W W FIGURE 3 ARCHITECTURAL DESIGN ELEMENTS BUILDING FACADE \ z .>' I . *,' /r ARTICULATED ROOF PUNES FOR Vd OlrrSET FLOOR PLANS AND STEPPEI: PARTIAL RW. //' /=- "ECTUIAL * um WIND0 ws ACCENT FEATURES: ELARtMATED CHIMNEY. //me7 "~ ~ ~ CM ROW AND TRlRl MATERIAL! cREA7E Urn. \\ \, -\ \ VARED GARAGE DOOR AND ENTRY TEATMc Fbc) ImmEST AND mcwylwAL UNCT /ma 20 > 0 0 FlGURE 4 RESIDENTIAL ARCHITECTURE BUILDING FACADE VARIATION VAWD GARAGE SBACC(S Mo BwLolllo ARCnrrCruIL FACADE CREA TE -REST ‘b 21 C. 4 4 4 4 4 4 4 rn W BUILDING MATERIALS: A plain surface should be embellished through the use of localized contrasting materials as accents or trims. To provide interest and/or architectural accents on structures predominately finished in stucco, moldings, cornices, insets or offsets should be used. Similarly, to create interest, portion of the exterior building surface should be covered with a complimentary building material, texture, or colorl Instead of using contrasting materials on the same flat building surface it is best to offset the contrasting materials on different building planes. Any bare metallic surfaces (vents, pipes, gutters, flashing, etc.) should be painted or covered from view in a manner harmonious with the general exterior architectural treatment of the building. To better complement natural materials and earth tone colors commonly found in contemporary residential structures, the covering of metallic aluminum frames around doors or windows by wood, brick or stucco trim systems is encouraged. Anodized aluminum window frames are also appropriate. Driveway materials that retain their original beauty and strength such as textured concrete, brick, tile or conglomerate are encouraged outside the City right-of-way. Trees should be used to interrupt the appearance of a long, horizontal building mass. 22 1 y-. I \ 1 \ i \ $1 i $! j .I .. 111 .I I .- le OI Mm7b / l'! i I! '1 41 i /*\\ e, -4 ,ma ~NK~ZT~Z.~ - - - - - - - - - - .-^ ., \?- - - - - - - . . i I I I j 1 I I I i I ,I ':I ! 51 $!3 j y I I j i 1 23 1 w ' I" ' N'L Y -" 52Y VI lVWW WLV n I y 11' FUTURE ? WN DEDICATION 'i 51 p I I 10' - 18 ' I 18 ' -1 I 45' I 55' c 48' €%/sr R/W ~~ 3'Ur/L/rY CSM7 I I 'I. 11 &","CY A.C. PAYM '7 3/ PA \ <; \r c-cmYd-/ mc 9°K DESCANSO BLVD. NO SCALE Rh R/W 610 ' /o * 20 ' 20 ' I /Of ~ 6 '' CUR8 Z tUrr€U PCC S/D€WAL K ANACAPA ROAD (NORTH OF DESCANSO BLVD.) NO SCALE E'LY WV'L Y UW R/N 416 5' 5' /8 ' /B t I Rh .Po' €X/ST fl - ; 32DOnoNAL 320o/no&!AL I - 3' I €5,u 7: I I 13' 1- I - I D€D/O?mV D€d,tJr/ON €5M% ' - I r A.C. PAVMT I iy ' I 2% L.> \ 6 " CUR8 d GUT&% P6.C S/D€WAf K ANACAPA ROAD (SOUTH OF DESCANSO BLVD.) & FRANCISCAN ROAD NO SCALE 24 * 0 0 EXHIBIT A FORM: NOISE 1: 1 of 3 RECORDED IN OFFICIAL RECORDS OF SAN DlEGO COUNTY, CALIFORNIA RECORDING REQUESTED BY AND 1 WHEN RECORDED RETURN TO 1 1 1 1 1 1 NOTICE CONCERNING PROXIMITY OF THE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR This Notice Concerning Environmental Impacts is made by hereinafter referred to as the "Owner" is developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. B. The Owner is the developer and/or holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: C. The property is located adjacent to the Carlsbad Boulevard Transportation Corridor {hereafter described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. D. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips. 25 W w FORM: NOISE 1: 2 of 3 E. It is the desire of Owner to give notice to any potential purchaser of the real property of its proximity to the corridor and the fact that purchases may be subject to the impacts of said proposed transportation corridor, NOW THEREFORE, in light of the above Recitals, owner does, for itself, and its successors and assigns, give the following notice: 1. That Owner has no responsibility or control over the operation of the corridor, including without limitation, the types or number of vehicles operating on the corridor. 2. That the vehicle operations on the corridor may create significant impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to sight and sound of vehicle operation. 3. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice. This Notice shall run with interest in the property. the property and shall be binding upon all parties having or acquiring any right, title or 4. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts." 26 I 0 m IN WITNESS WHEREOF, this Declaration of Notice of corridor traffic, sight and sound is made this - day of By: By: CORPORATION ACKNOWLEDGEMENT: PARTNERSHIP ACKNOWLEDGEMENT: INDIVIDUAL ACKNOWLEDGEMENT: On , 19-, before me, a Notary Public in and for said County and State, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as or or President and Secretary, on behalf of , the corporation herein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. Notary Public in and for said County and State WITNESS my hand and official seal 27 a w EXHIBIT B FORM: NOISE 2: i of 3 RECORDED IN OFFICIAL RECORDS OF SAN DIEGO COUNN, CALIFORNIA RECORDING REQUESTED BY AND 1 WHEN RECORDED RETURN TO 1 1 1 ) 1 ) 1 1 1 1 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS This Declaration and Notice Concerning Aircraft Environmental Impacts is made of certain real property situated in the City of Carlsbad, County of San Diego, State of California. by , hereinafter referred to as the "Owner", as developer RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts. 6. The Owner is the developer and holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: C. The property is located approximately miles from the McCellan-Palomar Airport, City of Carlsbad, San Diego County (the "Airport"), operated by the County of San Diego, through which are conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the Airport. D. Owner has no control over the operations of the Airport, including the types of aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights. 28 m 0 FORM: NOISE 2: 2 of 3 E. It is the desire of Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft operating from the Airport. NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: 1. Owner has and shall develop the property in accordance with Specific Plan 201 approved by the City of Carlsbad, which approval includes the is consistent with the Land Use Element and Noise Element of the General Plan of the City of Carlsbad. requirement of the City of Carlsbad, that the development of the property 2. That Owner has no responsibility or control over the operation of the Airport, including without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of flight operation, or frequency of flights. 3. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 4. The purpose of this Notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of other environmental impacts. aircraft including public and private aircraft which will generate noise and 29 m w FORM: NOISE 2: 3 of 3 IN WITNESS WHEREOF, this .Declaration of Notice of aircraft, sight, and sound is made this day of 9 19-. STATE OF CALIFORNIA, COUNTY OF ) ss. On , 19-, before me, a Notary Public in and for said County and State, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as behalf of , the corporation herein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. President and Secretary, on By: By: CORPORATION ACKNOWLEDGEMENT: PARTNERSHIP ACKNOWLEDGEMENT: INDIVIDUAL ACKNOWLEDGEMENT: or or WITNESS my hand and official seal. Notary Public in and for said County and State 30 -e e 0 EXHIBIT C FORM: NOISE 3: 1 of 3 RECORDED IN OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO ) ) 1 1 1 1 1 1 1 1 NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS This Declaration and Notice Concerning Railroad Environmental Impacts is made of certain real property situated in the City of Cartsbad, County of San Diego, State of California. by , hereinafter referred to as the "Owner", as developer RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of trains which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carisbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. 6. The Owner is the developer and holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: C. The property is located adjacent to the Atchison, Topeka and Santa Fe Railroad, Ci of Carlsbad, San Diego County through which are conducted certain railway operations on and about said railway. 31 a w 7 FORM: NOISE 3: 2 of 3 D. Owner has no control over the operations of the Railroad, including the types of equipment nor the frequency of the trains. E. It is the desire of Owner to give notice to any potential purchaser of the real property of the Railroad operation and the fact that purchasers may be subject to vibration, sight and sound of trains operating on the Railroad. NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: 1. Owner has and shall develop the property in accordance with Specific Plan 201 approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the Railroad, including without limitation, the types or number of trains, timing of, or frequency of trains. 3. That the train operations of the Railroad may create significant environmental impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to such vibration, sight and sound. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The purpose of this Notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of trains which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the Cii of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts." 32 V e e FORM: NOISE 3: 3 of 3 IN WITNESS WHEREOF, this Declaration of Notice of train vibration, sight, and sound is made this day of I 19-. STATE OF CALIFORNIA, COUNTY OF 1 ss. On I I 9-, before me, a Notary Public in and for said County and State, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons Who executed the within instrument as behalf of , the corporation herein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. President and Secretary, on By: By: CORPORATION ACKNOWLEDGEMENT: PARTNERSHIP ACKNOWLEDGEMENT: INDIVIDUAL ACKNOWLEDGEMENT: or or WITNESS my hand and official seal. Notary Public in and for said County and State 33