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HomeMy WebLinkAboutCP 94-01A; Poinsettia Shores PA B-1; Condo Permit (CP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEFT USE ONLY) 1 Master Plan | | Specific Plan [ | Precise Development Plan | [ Tentative Tract Map [""[ Planned Development Permit | | Non-Residential Planned Development [Xl Condominium Permit Amendment | [ Special Use Permit | | Redevelopment Permit ["] Tentativo Parcel Map Obtain from Eng. Dept | | Administrative Variance [ [ Administrative Permit - 2nd Dwelling Unit [ | General Plan Amendment | | Local Coastal Plan Amendment |""| Site Development Plan | | Zone Change | [ Conditional Use Permit | [ Hillside Development Permit [y] Environmental Impact Assessment | | Variance I I Planned Industrial Permit | | Coastal Development Permit [~~] Planning Commission Determination | | List any other applications not specified (FOR DEPT USE ONLY) 2) ASSESSOR PARCEL NO(S). 216-510-07, 216-510-08, 216-510-09 & 216-510-10 3) PROJECT NAME: Planning Area B-1 4) BRIEF DESCRIPTION OF PROJECT: 158 single-family cluster hones 5) OWNER NAME (PRINT OR TYPE) SEE ADDENDUM SHEETS MAILING ADDRESS CITY AND STATE ZIP TELEPHONE I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SEE ADDENDUM SHEETS 6) APPLICANT NAME (PRINT OR TYPE SEE ADDENDUM SHEETS MAILING ADDRESS CITY AND STATE ZIP TELEPHONE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SEE ADDENDUM SHEETS 7) BRIEF LEGAL DESCRIPTION:Parcels A, B, C & D of Carlsbad Minor Subdivision NO. 96-13, in the City of Carlsbad, County of San Diego, State of California, According to Parcel Map Thereof No. 17825, Filed in the Office of the County Recorder on February 18,1997. NOTE: A PROPOSED iPROJECT REQUlRiNG?tHAT MULTIPLE AlJEElGAiTO^ A PROPOSED PROJECT REQUIRING:THAT ONLY ONE AOTLH3ATTON BE FILED MUST BE SUBMITTED PRIOR TO 4:00 PAl. CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 8) LOCATION OF PROJECT ON THE BETWEEN STREET ADDRESS north SIDE OF Avenida Encinas (NORTH, SOUTH EAST, WEST)(NAME OF STREET) San Diego Northern Railroad AND Avenida Encinas (NAME OF STREET)(NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION (RES/ COMM/ INDUS) 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMMERCIAL SQUARE FOOTAGE 158 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 17) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 21) PROPOSED GENERAL PLAN DESIGNATION 158 RM 24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SEE ADDENDUM SHEETS SIGNATURE ^ FOR CITY USE ONLY FEE COMPUTATION:RECEIVED APPLICATION TYPE TOTAL FEE REQUIRED DATE FEE PAID FEE REQUIRED JUN 1 3 1997 CITY OF CARLSBAD DATE RECEIVED BY: V. RECEIPT NO.T FRM0016 3/96 ADDENDU1^ TO LAND USE REVIEW APF~ ICATION for an Amendment to CP 94-08 Planning Area B-l; Poinsettia Shores Master Plan PARCEL A 5) OWNER 6) APPLICANT NAME (PPJNT OR TYPE) Watt Residential Partners NAME (PRINT OR TYPE) Watt Residential Partners MAILING ADDRESS 27720 Jefferson Avenue, Suite 200 MAILING ADDRESS 27720 Jefferson Avenue, Suite 200 CITY AND STATE ZIP Temecula, CA 92590 TELEPHONE (909) 694-0870 CITY AND STATE ZIP Temecula, CA 92590 TELEPHONE (909) 694-0870 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. DATE 24) /IN THE PROCESS OF REVIEWING THIS APPLICATION IT L/ / Cs/ MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,/ / PLANNING COMMISSIONERS, DESIGN REVIEW BOARD, / MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. PARCEL B 5) OWNER 6) APPLICANT NAME (PRINT OR TYPE) Carlsbad 90, LLC NAME (PRINT OR TYPE) Carlsbad 90, LLC MAILING ADDRESS 408 South Stoddard Avenue MAILING ADDRESS 408 South Stoddard Avenue CITY AND STATE ZIP San Bernardino, CA 92401 TELEPHONE (909) 884-8681 CITY AND STATE ZIP San Bernardino, CA 92401 TELEPHONE (909) 884-8681 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TBfUE AND CORRECT TO THE BEST OF MY KNOWLEDGES SIGNATURE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE ^EST OF MY KNOWLEDGE. DATE SIGNATURE DATE 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION/ /(I/WE CONSENT TO ENTRY FOR THIS PURPOSE./ V y Addendum Page 1 of 2 ADDENDIP~ TO LAND USE REVIEW AP^ ICATION for an Amendment to CP 94-08 Planning Area B-l; Poinsettia Shores Master Plan PARCEL C 5) OWNER 6) APPLICANT NAME (PRINT OR TYPE) Kaiza Poinsettia Corporation NAME (PRINT OR TYPE) Watt Residential Partners MAILING ADDRESS 23172 Plaza Pointe Drive, Suite 155 MAILING ADDRESS 27720 Jefferson Avenue, Suite 200 CITY AND STATE ZIP Laguna Hills, CA 92653 TELEPHONE (714) 598-0100 CITY AND STATE ZIP Temecula, CA 92590 TELEPHONE (909) 694-0870 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRl MY KNOWLEDGE. «@NATURE ECT TO THE BEST OF I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. PLICATION IT CITY STAFF, BOARD INSPECT AND (JECT QE-IHJS MAY BE NB PLANNING C MEMBERS^ PR MTRY FOR THIS PARCEL D 5) OWNER 6) APPLICANT NAME (PRINT OR TYPE) Kaiza Poinsettia Corporation NAME (PRINT OR TYPE) Carlsbad 90, LLC MAILING ADDRESS 23172 Plaza Pointe Drive, Suite 155 MAILING ADDRESS 408 South Stoddard Avenue CITY AND STATE ZIP Laguna Hills, CA 92653 TELEPHONE (714) 598-0100 CITY AND STATE ZIP San Bernardino, CA 92401 TELEPHONE (909) 884-8681 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. «HT- - -r:T'A' MAY BE PLANNIN MEMB ENTERv THE APPLIC P I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO iHE BEST OF MY KNOWLEDGE. SIGNA DATE 1 24)APPLICATION IT IRS/OF CITY STAFF, REVIEW BOARD TO INSPECT AND SUBJECT OF THIS )ENTRY-FOR THIS y SIGNATURE Addendum Page 2 of 2 APPLICATION REQUIREMENTS FOR TENTATIVE TRACT MAPS (AND REVISIONS) TENTATIVE PARCEL MAPS. CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS (FOR RESIDENTIAL PROJECTS ONLY) proposed project requiting that only oae application be filed must be submitted prior to 4:00 p.m. at the same scale (use a scab no smaller than P - 40). la «Mtioa all plans shall be My dimensioned (i.e., setbacks, height, road widili*, parking j^aces, planieis, yards,, etc,) The following materials shall be submitted for each application except as noted in "EL OTHER REQUIREMENTS" K and L under Property Owner's list and address labels. I. REQUIRED PLANS (folded and delivered in complete sets) / A. SITE PLAN: ten (10) copies on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the site plan shall be submitted by the applicant upon request of the project planner prior to approval of the project. Each site plan shall contain the following information: 1. General Information: |~| a. Name and address of owner whose property is proposed to be subdivided and the name and address of the subdivider; CD b. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; CD c. North arrow; CD d. residential, commercial, industrial or other uses; CD g. Tentative Map number in upper right hand comer (City to provide number at time of application). CD h. Number of units to be constructed when a condominium or community apartment project is involved; Total number of lots proposed. CD i. Name of sewer and water district providing service to the project. CD j. Average Daily Traffic generated by the project broken down by separate uses. CD k. Name of School District providing service to the project. CD 1. Proposed density in lots or dwelling units per acre. CD m. Existing Zone and General Plan Designation. CH n. Site acreage. FRM0003 2/96 Page 1 of 7 2. Site a. General l~~l 1) Approximate location of existing and proposed building and permanent structures; l~1 2) Location of all major vegetation, showing size and type; l~l 3) Location of railroads; CD 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); l~] 5) Lot lines and approximate dimensions and number of each lot; l~~l 6) Lot area for each proposed lot. CD 7) Setback dimensions for the required front, rear and side yard setbacks for all structures; l~"l 8) Indicate top and bottom elevations for all fences, walls, and retaining walls. Show these elevations at each end of the wall and in the middle. Also show the worst condition elevation. I I 9) Show site details for all recreation lots or areas (when applicable). CD 10) Total building coverage for lots with proposed structures. b. Streets and Utilities CD 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. CD 2) Name, location and width of existing adjacent streets and alleys. CD 3) Typical street section for all adjacent streets and streets within the project. CD 4) Width and location of all existing or proposed public or private easements. CD 5) Public and private streets and utilities clearly identified. CD 6) Show distance between all intersections and medium and high use driveways. CD 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. CD 8) Show access points to adjacent undeveloped lands. I I 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. CD 10) Show all fire hydrants located within 300 feet of the site. FRM003 2/96 Page 2 of 7 c. Grading—nd Drainage -—• O 1) Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. O 2) Earthwork volumes: cut, fill, import and export. O 3) Spot elevations at the corners of each pad. O 4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. L~J 5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. Q 6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. B. LANDSCAPE PLANS: for all condominium and planned development projects, ten (10) copies (four (4) copies for projects with four or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the landscape plans shall be submitted by the applicant upon request of the project planner prior to approval of the project. The scale should be consistent with all other exhibits. Each landscape plan shall include the following information: 1. Landscape zones per the City of Carlsbad Landscape Manual. 2. Typical plant species, quantity of each species, and their size for each planting zone in a legend (Use symbols). 3. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. 4. Landscape maintenance responsibility (private or common) for all areas. 5. Percent of site used for landscaping. 6. Water Conservation Plan. C. BUILDING ELEVATIONS AND FLOOR PLANS: for all condominium and planned development projects, ten (10) copies (four (4) copies for projects with 4 or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations and floor plans shall be submitted by the applicant upon request of the project planner prior to project approval. Each building elevation and floor plan shall include the following information: 1. Floor plans with square footage included. 2. Location and size of storage areas. 3. All buildings, structures, walls and/or fences, signs and exterior lights. FRM003 2/96 Page 3 of 7 4. Include a Set. on all floor plans and building elevation^. 5. Indicate on all building elevations, compliance with Carlsbad Height Ordinance 21.04.065. D. CONSTRAINTS MAP:-at the same scale as other exhibit (i.e., Tentative maps, Site Plan, etc.). (24" x 36") folded to 8 1/2" x 11" shall include the following information: (Note: this information is not required for previously graded sites and the conversion of existing structures.) If the constraint does not apply to the property, list it on the map as not applicable. D 1. Major ridge lines CD 2. Distant views [H 3. Internal views CH 4. Riparian or woodlands L"U 5. Intermittent drainage course D 6. 25 - 40% slopes D 7. Slopes 40% and above CH 8. Major rock outcroppings CH 9. Easements D 10. Floodplains CH 11. Archaeological sites CU 12. Special planning areas - type of special planning area CH 13. Biological Habitats. Indicate the location of coastal sage scrub and chaparral plant communities existing on the site D 14. Beaches CH 15. Permanent bodies of water D 16. Wetlands LJ 17. Land subject to major power transmission easements 18. Railroad track beds. E. COLORED SITE PLAN AND ELEVATION PLAN: (Not required with first submittal and not required for tentative parcel maps). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. FRM003 2/96 Page 4 of 7 F. REDUCED SITE « AN AND BUILDING ELEVATIONS: c ~ (1) copy 8 1/2" x 11". These plans must be of q. .rity that is photographically reproducible. . nese are not required with first submittal but will be requested at a later time by your project planner. GfG. LOCATION MAP: one (1) copy 8 1/2" X 11" (suggested scale 200" - vicinity maps on the site plan are not acceptable). n. DOCUMENTS LJ A. Environmental Impact Assessment Form (separate fee required). Required for tentative parcel maps only where significant grading is proposed. Check with Planning staff to determine if required for your application. LJ B. Public Facility Agreement: Two (2) copies: One (1) notarized original and one(l) reproduced copy. (Separate fee required). |M C. Disclosure Statement. (Not required for tentative parcel maps.) Q D. Three (3) copies of the Preliminary Title Report (current within the last six (6) months). E. Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos Water District. School District letter indicating that school facilities will be available to the project. G. Statement of agreement to waive tentative parcel map time limits. Required for tentative maps only when project requires concurrent processing of planning application, or environmental review. H. All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts, as required by the SANDAG Congestion Management Program (CMP). For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day or 200 or more peak-hour vehicle trips: Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff. The following minimum information should be included with the study: 1. 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. 2. Project traffic generation rates and traffic assignment. 3. Necessary calculations and/or analysis to determine intersection and road segment levels of service. 4 Any proposed mitigation requirements to maintain the public facility standards. 5. On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects: Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle FRM003 2/96 Page 5 of 7 trips, including lr~*e projects that may have already been rr~Swed under CEQA but require additional local", ^cretionary actions, is defined as a "lar^. project" under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carlsbad reserves the right to require a traffic study on any project. I. Noise study consistent with City of Carlsbad Noise Guidelines Manual. J. Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet. K. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. L. For all condominium conversions, a letter from San Diego Gas and Electric company stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. HI. OTHER REQUIREMENTS A. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each including drainage basin. B. For all condominium conversions, one copy of a compliance inspection performed by the Building Department. (Separate fee required.) C. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF_j^EEtI€ABtE- (SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF SMALL LOTS, AS ATTACHED.) D. Photographs of the property taken from the north, south, east and west. E. Construction materials board and color samples (i.e., roofing, exterior walls, pavement, glass, wood etc.) F. Pursuant to Section 21.45.040(6) of Title 21 applications for planned developments on properties designated or zoned for single family development shall be accompanied by a preliminary tentative map. This map shall illustrate how many standard lots conforming to applicable zoning and subdivision standards served by public streets could fit on the site. The design of this preliminary tentative map shall comply with all applicable City Ordinances and Standards except for the design standards of the Planned Development Ordinance. The applicant shall also submit maps, diagrams, plans and a report showing that the proposed planned development will result in superior residential development consistent with the purpose and intent of the Planned Development Ordinance. The density on the developed portion of the planned development site shall be similar to and compatible with surrounding development. OG Hi G. Signed "Notice of Time Limits on Discretionary Applications". H. Completed "Project Description/Explanation" sheet. I. Deposit for Publication Notices - See Fee Schedule for amount. FRM003 2/96 Page 6 of 7 If your project w,., include signage at some time in the future, you must submit a proposed sign program as part of this application. The program should be provided as separate exhibits and should include the following informtion: Proposed sign location, dimensions, area, materials, sign copy and colors. K. Property Owner's List and Addressed Labels NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP. TWO SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. A typewritten list of the names and addresses of all property owners within a 600 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but Apt., Suite, and Bldg. # must NOT appear in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM, Courier New (IT) no larger than 1 Ipt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave,. Apt #3 123 Magnolia Ave. APT #3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 D L- 600 Foot Radius Map A map to scale not less than 1" = 200' showing each lot within 600 feet of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. For tentative parel maps, a map to scale on an 8 1/2 x 11 inch sheet, showing each lot within 300 feet of the exterior boundaries of the subject project. FRM003 2/96 Page 7 of 7 4.£O:16 CITY OF CARLSBAD 1200 CARLSBAL TILLAGE DRIVE CARLSBAD, c LIFORNIA 92008 434-2867 REC'D FROM C-PRJ-J ACCOUNT NO. ("f p(y»0)vc?/ RECEIPT NO. 39797 DESCRIPTION / :" . ,. •{;-: f-f- ; n vf - : , •' , V" (/) ;-v^'— '•JUr\/ •;' H") PlP- i -^ !-' 1 r-t K:,--; -v <::^H«yh~ NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT ., • - , --, ••' • ;"'/' ; .-'•5"'V: . •••- • ,, ' \ 1 I, { ' '•'- ' ;- ^'-;. >..\y.; I Printed on recycled paper.CASH REGISTER PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. .-^-~ Applicant Signature: "~£ \JStaff Signature: jA / Date: £>'' >' * ~7 To be stapled with receipt to application Copy for file PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Planning Area B-1; Poinsettia Shores Applicant/Developer: APPLICANT NAME: Watt Residential Partners & Carlsbad 90, LLC (a division of Concordia Homes) 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: This project is proposing a Minor Amendment to the approved Condominium Permit (CP 94-01) for Planning Area MB-1M of the Poinsettia Shores Master Plan. The amendment proposes minor revisions to the architecture and floor plans. Planning Area "B-l" has an approved Tentative Map (CT 94-08) which allows for the construction of 158 units. No changes to the Tentative Map are proposed. Planning Area "B-l" is located within the Poinsettia Shores Master Plan as depicted on the attached Location Map. A variety of existing and future land uses are adjacent to Planning Area "B-l". Existing land uses include Avenida Encinas, the Lakeshore Gardens Mobile Home Park and the railroad right-of-way. Planning Area B-l contains four parcels (A, B, C, D). Parcel A is owned by Watt Residential Partners, Parcel B is owned by Carlsbad 90 LLC (Concordia Homes), Parcel C is owned by Kaiza Poinsettia but will be developed by Watt Residential Partners and Parcel D is owned by Kaiza Poinsettia but will be developed by Concordia Homes. Also attached is a property ownership map which shows the location of each of the Parcels within Planning Area HB-1M. Watt Residential Partners and Concordia Homes are proposing different but compatible floor plans and elevations. The proposed amendment to the Condominium Permit will allow for the two developers to each construct three different floor plans (for a total of sk floor plans). Each floor plan will also have three different architectural facades. Therefore, the proposed project will contain a total of 18 different plans. The product proposed by Watt Residential Partners is as follows: Plan 1 is 1,588 square feet with a building height of 17.5 feet; Plan 2 is 1,699 square feet with a building height of 26.0 feet; Plan 3 is 1,869 square feet with a building height of 24.3 feet. The product proposed by Concordia Homes is as follows: Plan 1 is 1,859 square feet with a building height of 24 feet; Plan 2 is 2,011 square feet with a building height of 24 feet and 4 inches; Plan 3 is 2,226 square feet with a building height of 24 feet. As previously approved for CP 94-08, all garages face internal 24 foot wide courtyards and every unit is served by a two car garage. Rev. 4/91 ProjDesc.frm BATIQUITOS LAGOON Hofman Planning Associ ates Location Map Date: May 21, 1997 POINSETTIA SHORES SAN DIEGO NORTHERN RAILROAD Hofman Planning Associ at es Source: O'Day Consultants Date: May 23, 1997 PROPERTY OWNERSHIP PLANNING AREA B-1 POINSETTIA SHORES Oity of Carlsbad Planning Department PARCEL A DISCLOSURE STATEMENT .APPLICANTS STATEMENT OF DISCLOSURE OR CERTAIN OWNERSHIP LNTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. Watt Residential Partners 27720 Jefferson Avenue, Suite 200 Temecula, CA 92590 ~~ 2. Owner List the names and addressees of all person having any ownership interest in the property involved. Watt Residental Partners 27720 Jefferson Avenue, Suite 200 Temeculaf CA 92590 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. 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. PISCLOS.FRM 2/96 PAGF 1 nf 2 2O75 Las Patmas Dr. • Carlsbad. CA 92OQ9-1 576 • <619^ 438-1161 • FAX (619) 438-O894 (Over) Disclosure Statement 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) 6/6/97 Sigipaturp/of Owner/date / Sr|jrature of applicant/date Watt^Xesidential Partners, dba, //Matt Residential Partners, /aba, Watt Homes, Southern California Division L^ Watt Homes, Southern California Division by: Jonathan Weldy, VP Operations by: Jonathan Weldy, VP Operation Print or type name of owner Print or type name of applicant DISCLOS.FRM 2/96 PAGE 1 of 2 City of Carlsbad Planning Department PARCEL B DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. Carlsbad 90, LLC 408 South Stoddard Avenue San Bernardino. CA 92401 2. Owner List the names and addressees of all person having any ownership interest in the property involved. Carlsbad 90, LLC 408 South San Bernardino, CA 92401 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. 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. msrTOSFRM 2/96 PAGF 1 nf 2 2O75 Las Palmas Dr. • Carlsbad. CA 92OO9-1 576 • (619) 438-1161 • FAX (619) 438-OS94. 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 acraitional pages as necessary) Signature of Owner/date Carlsbad 90, LLC, By: Concordia Homes of California, LLC BY: Michael Ugar, Division President Print or type name of owner Signature of app\ic/ant/date Carlsbad 90, LLC By: Concordia Homes of California, LLC by; Michael Ugar, Division President Print or type name of applicant DISCLOS.FRM 2/96 PAGE 1 of 2 City of Carlsbad Planning Department PARCEL C DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE (Please Print) The following information must be disclosed: 1. Applicant /Developer List the names and addresses of all persons having a financial interest in the application. Watt Residential Partners 27720 Jefferson Avenue, Suite 200 Temecula, CA 92590 2. Owner List the names and addressees of all person having any ownership interest in the property involved. Kaiza Poinsettia Corooration 23172 Plaza Pointe Drive, Suite 155 Laguna Hills, CA 92653 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. 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. 2/96 PAHF 1 of 2 2O75 Las Palmas Dr. • Carlsbad. CA 92OO9-1 576 • t619) 438-1161 • FAX (619) 438-O894 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:pages as necessary) Signaturefof Kaiza Po by: Nori Presi frsCAstftsn fl^t&y Print or type na ner are of applicant/date ///• ///* /^l <?rr / (/ (<-£ I f / Residential Partners/dba, Watt Homes, Southern California Division By; Jonathan Weldv, VP Operations Print or type name of applicant DISCLOS.FRM 2/96 PAGE 1 of 2 CJity of Carlsbad Planning Department PARCEL D DISCLOSURE STATEMENT APPLICANTS STATEMENTOFDISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE (Please Print) The following information must be disclosed: 1. Applicant/Developer List the names and addresses of all persons having a financial interest in the application. Carlsbad 90, LLC 408 South Stoddard Avenue San Bernardino, CA 92401 2. Owner List the names and addressees of all person having any ownership interest in the property involved. Kaiza Poinsettia Corporation 23172 Plaza Poimte Drive, Suite 155 Laguna Hills, CA 92653 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. 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. DISCLQSJERM__2Z2fi PAftF. 1 nf2 2O75 Las Palmas Dr. -Carlsbad, CA 92OO9-1 575 - (619) 438-1161 • FAX (619) 438-O894 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." (NO 1 pages as necessary) ^Signature of1 Kaiza Poin by: Noriko President Print or type name of owner Signature of app^ant/date fc/(£/£) ^7 Carlsbad 90, LLC ' ' ' by: Concordia Homes of California, LLC by: Michael Ugar, Division President Print or rype name of applicant DISCLOS.FRM 2/96 PAGE 1 of 2 BATIQUITOS LAGOON Hofman Planning Associ a t e s Location Map Date: May 21, 1997 POINSETTIA SHORES PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Planning Area B-1; Poinsettia Shores Applicant/Developer: APPLICANT NAME: Carlsbad 90, LLC (a division of Concordia Homes) 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: This project is proposing a Minor Amendment to the approved Condominium Permit (CP 94-01) for a portion of Planning Area B-1 of the Poinsettia Shores Master Plan. The amendment proposes changes to the architecture and floor plans for only financial parcels B and D within Planning Area B-1. The changes are within 10% of the approved yards, coverage, height, open space and landscaping thereby qualifying as a minor amendment pursuant to the Planned Development Ordinance. The approved Tentative Map (CT 94-08) for Planning Area B-1 will not be modified as a part of the request for a Condominium Permit Amendment. Planning Area B-1 is located within the Poinsettia Shores Master Plan as depicted on the attached Location Map. A variety of existing and future land uses are adjacent to Planning Area B-1 including Avenida Encinas, the Lakeshore Gardens Mobile Home Park and the railroad right-of-way. Planning Area B-1 contains four financial parcels (A, B, C, D). Parcel A is owned by Watt Residential Partners, Parcel B is owned by Carlsbad 90 LLC (Concordia Homes), Parcel C is owned by Kaiza Poinsettia but will be developed by Watt Residential Partners and Parcel D is owned by Kaiza Poinsettia but will be developed by Concordia Homes. Also attached is a property ownership map which shows the location of each of the parcels within Planning Area B-1. For Parcels A and C, consisting of a total of 68 units, Watt Residential Partners intends to proceed with the architecture approved by the original Condominium Permit. As mentioned previously, Concordia Homes intends to modify only the architecture within Parcels B and D consisting of the remaining 90 units. The product proposed by Concordia Homes will continue to be single family detached units on a common lot. In order to eliminate any confusion between the approved and the proposed product within Planning Area B-1, the proposed product type is identified as Plan 4, Plan 5 and Plan6. The square footage for each unit is as follows: Plan 4 is 1,859 square feet with a building height of 24 feet; Plan 5 is 2,011 square feet with a building height of 24 feet and 4 inches; Plan 6 is 2,226 square feet with a building height of 24 feet. Each floor plan will also have three different architectural facades. Therefore, the proposed project within Parcels B and D will contain nine different plans. As previously approved for CP 94-01, all garages face internal 24 foot wide courtyards and every unit is served by a two car garage. Rev. 4/91 ProjDesc.frm LAGOON \ - ' Vv. ""?• A 5 ^PROJECT'• •• ' 'V \ *• S ^IT?\Vl . >s>»i\ \ ' 5 C \1^L — ^ Hofman Planning Associ ates Location Map Date: May 21, 1997 POINSETTIA SHORES SAN DiLGO NORTHERN RAILROAD Hofman Planning Associ ates Source: O'Day Consultants Date: May 23, 1 997 Revised: October 3, 1997 PROPERTY OWNERSHIP PLANNING AREA B-1 POINSETTIA SHORES CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 REC'D FROM (f I-PRH" ACCOUNT NO. RECEIPT-NOt 49449 DESCRIPTION >-L v. .c- (y *? </-£•///- 1 ! i ^- — NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT / •' T r // Fz. Printed on recycled paper. i HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER CP 94-01(A) - POINSETTIA SHORES PLANNING AREA B-1 APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: 559 RECORDING REQUESTED BY AND RETURN TO: COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT c/o Bowie, Arneson, Kadi, Wiles & Giannone Attention: Robert E. Anslow 4920 Campus Drive Newport Beach, Ca. 92660 DOC-8 1994-0277976 26-* 3-1994 03=01 PH OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SfllTH, COUNTY RECORDER RF: 91.00 FEES: 269.00 AF: 177.00 Iffs 1.00 (Soace Above Line for Recorder's Use) NOTICE OF SPECIAL TAX LIEN Community Facilities District No. 3 of tffli Carlsbad Unified School District* Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned Clerk of the Board of Trustees (the "Board") of the Carlsbad Unified School District (the "School District"), County of San Diego, State of California, hereby gives notice that a lien to secure payment of a special tax which Community Facilities District No. 3 of the School District, located within the City of Carlsbad, County of San Diego, State of California is authorized to levy is hereby imposed. The special tax secured by this lien is authorized for the purpose of: (1) paying principal and interest on bonds, the proceeds of which are being used to finance school and related facilities and all other incidental expenses thereto, and other facilities as defined in the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311, et seq.V. and (2) providing such facilities, planning and design work and incidental expenses without bonds. The special tax is authorized to be levied within Community Facilities District No. 3 which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and cancelled in accordance with the law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code. The Rate and Method of Apportionment of the Special Tax is as shown on Exhibit "A", attached hereto and incorporated herein by this reference. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be BAKW&b/REA/pxp/10536.01 3042.17.02 -03/15/94 subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, except that if bonds have been issued judicial foreclosure may be provided for. Owners of property with Community Facilities District No. 3 may elect to prepay the special tax obligation pursuant to the terms, conditions, and limitations stated in the Rate and Method of Apportionment of Special Tax attached hereto. Notice is hereby given that upon the recording of this Notice in the Office of the San Diego County Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within Community Facilities District No. 3 in accordance with Section 3115.5 of the Streets and Highways Code. The names of the owners of the real property included within Community Facilities District No. 3 as they appear on the latest secured assessment roll as of the date of recording of this Notice are as shown on Exhibit "B", attached hereto and made a part hereof by this reference. Reference is made to the amended boundary map of Community Facilities District No. 3 recorded on March 15, 1994, at Book 28 of Maps of Assessment and Community Facilities District at Page 08, as Instrument No. 1994-0168850 in the Office of the Recorder for the County of San Diego, State of California, which map is now the final boundary map of Community Facilities District No. 3. The assessor's tax parcel numbers of all parcels, or any portion thereof, which are included within Community Facilities District No. 3 are as shown on Exhibit "B", attached hereto. For further information concerning the current and future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Assistant Superintendent of Business Services of the Carlsbad Unified School District, Mr. John Blair, Secretary at the Carlsbad Unified School District, 801 Pine Avenue, Carlsbad, California 92008-2439. Clerk of the Board of the Carlsbad Unified School District BAKWAG/REA/r!<r/10536.01 3042.17.02 - 03/15/94 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On April 22, 1994 Barbara H. Mead before me, Linda Brown, Notary Public (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the personfs) whose name(8) is/are subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in-his/her/their authorized capacity(ies), and that by -his/her/their signature^ on the instrument the person(s), or the entity upon behalf of which the personC^f acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 3 CARLSBAD UNIFIED SCHOOL DISTRICT This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No. 3 ("CFD No. 3") of the Carlsbad Unified School District to be levied and collected according to the special tax liability determined by the Board of Trustees of the Carlsbad Unified School District (the "School District"), acting as the Legislative Body of CFD No. 3. The applicable Annual Maximum Special Tax shall be determined pursuant to the application of the appropriate amount or rate for "Developed Property", as described below. All Developed Property within CFD No. 3, unless exempted by law, or the provisions of Section E, below, shall be subject to the Applicable Annual Maximum Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 3 to estimate the Annual Maximum Special Tax to be annually levied and collected, or prepaid, as the case may be, with regard to property within CFD No. 3. A. Definitions "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the California Government Code. "Administrative Expense" means any costs incurred by the School District on behalf of CFD No. 3 related to the determination of the amount of the annual levy of the Annual Maximum Special Tax, the collection of the Annual Maximum Special Tax, the administration of the Bonds of CFD No. 3, and the other costs incurred in order to carry out the authorized purposes of CFD No. 3. "Annual Maximum Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel classified as Developed Property for a period not to exceed 30 years including the Initial Fiscal Year. -1- BAKW&G/REA/fb/9137.01 3042.17.02-2/24/94 "Assessor's Parcel" means a parcel of land as designated on an official map of the San Diego County Assessor which has been assigned a discrete identifying parcel number. "Board" means the Board of Trustees of the Carlsbad Unified School District. "Bonds" means the bonds, or equivalent securities, including, but not limited to, certificates of participation or leases, of CFD No. 3 issued and sold to finance the Facilities. "Bond Indenture" means the Bond Indenture, Trust Agreement or equivalent document, approved, and/or entered into, by CFD No. 3 providing for the issuance and sale of Bonds, as the same may be amended or supplemented from time to time. "Commercial/Industrial Property" means property zoned for commercial/industrial uses or other non-residential uses. "Developed Property" means for any Fiscal year all Taxable Property for which a foundation building permit for Residential Property was issued prior to May 1 preceding the Fiscal Year in which the Annual Maximum Special Tax is being levied. "Facilities" means the school facilities as may be identified in the Community Facilities District Report prepared for CFD No. 3 on file in the Office of the Clerk of the Board or such other facilities to be financed by CFD No. 3 pursuant to the Act. "Fiscal Year" means the period starting on July 1st and ending the following June 30th. "Initial Fiscal Year" applies only to Developed Property and means the first Fiscal Year in which the Annual Maximum Special Tax will be apportioned and levied on an Assessor's Parcel. "Land Use Class" means any of the classes of Developed Property listed in Table 1 below. "Multi-Family Unif'or "Attached Dwelling Unit" means all Developed Property other than Single Family Detached Units, which includes, but shall not be limited to, apartments available for rental by the general public, condominiums as defined in Civil Code Section 1351, or a structure or structures made up of two or more units that share common walls that is to be developed or is developed for residential use. "Residential Property" means all property within CFD No. 3 classified as either a Single Family Detached Unit or Multi-Family Unit. -2- BAKW&G/REA/fb/9137.01 3042.17.02- 2/24/94 "Senior Citizen Housing" means any senior citizen housing, residential care facilities for the elderly, or multilevel facilities for the elderly meeting the definitions set forth in Government Code Section 65995.1 or a successor section thereto. "Single Family Detached Unit" means Developed Property which contains a structure of one dwelling unit that is to be developed or is developed for residential use. "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 3 which are not exempt from the Annual Maximum Special Tax pursuant to the Act and the provisions of Section E. herein. "Undeveloped Property" means all Taxable Property in CFD No. 3 not classified as Developed Property. B. Assignment to Land Use Categories As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable Property within CFD No. 3 shall be categorized as Developed Property or Undeveloped Property. Developed Property shall be subject to an Annual Maximum Special Tax pursuant to Sections C. and D. below. For purposes of determining the applicable Annual Maximum Special Tax for each Assessor's Parcel of Developed Property, all Developed Property shall be assigned to a Land Use Class designated in Table 1 below. Single Family Detached Units shall be assigned to Land Use Class 1. Multi-family Units shall be assigned to Land Use Class 2. C. Annual Maximum Special Tax 1. Developed Property The Annual Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the amount determined by reference to Table 1 and the paragraphs that follow Table 1. Table 1 Annual Maximum Special Tax Rates for Developed Property (For the Fiscal Year 1993-94) Annual Maximum Special Land Use Class Land Use Description Tax Per Unit (1993-941 1 Single Family Detached Unit $637 2 Multi-Family Unit/Attached Dwelling Unit $510 -3- BAKW&G/REA/fb/9137.01 3042.17.02-2/24/94 In determining the Annual Maximum Special Tax which may be levied in any Fiscal Year, on July 1, 1994, and on each July 1 thereafter, the Annual Maximum Special Tax shall be increased by an amount equal to 3 % of the amount in effect for the previous Fiscal Year, until July 1, 2008. After July 1, 2008, no further escalation of the Annual Maximum Special Tax shall occur. In each Fiscal Year in which an Assessor's Parcel is initially categorized as Developed Property, the Annual Maximum Special Tax for such Assessor's Parcel, for the Initial Fiscal Year and for each Fiscal Year thereafter, shall be fixed and shall thereafter not be subject to any further escalation of the Annual Maximum Special Tax as described in the paragraph above. 2. Undeveloped Property The Board shall not impose any Annual Maximum Special Tax on Undeveloped Property. D. Method of Apportionment of the Special Tax Commencing with Fiscal year 1994-95, and each Fiscal Year thereafter, the Board shall determine the Annual Maximum Special Tax to be collected from Taxable Property in CFD No. 3. The Board may levy the Annual Maximum Special Tax on all Assessor's Parcels of Development Property by levying the Annual Maximum Special Tax for Land Use Classes 1 and 2. E. Limitations The Board shall not levy an Annual Maximum Special Tax on properties owned by the State of California, federal or other local governments, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Developed Property which becomes the property of the State of California, the federal government or other public agency after being categorized as Developed Property is liable for the Annual Maximum Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Annual Maximum Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted, at the direction, and in the discretion, of the Board in any Fiscal Year. No Annual Maximum Special Tax shall be levied on Senior Citizen Housing or on Commercial/Industrial Property within CFD No. 3. -4- B AKW&G/REA/fb/913 7.01 3042.17.02-2/24/94 F. Prepayment of the Annual Maximum Special Tax Any owner of Developed Property within CFD No. 3 may discharge the Annual Maximum Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as follows: 1. Upon the Issuance of a Building Permit At the time of issuance of a building permit for a Single Family Detached Unit or a Multi- Family Unit, the owner of such a Single Family Detached Unit or a Multi-Family Unit may prepay the Annual Maximum Special Tax in full or in part by making a cash payment to CFD No. 3, in which case the Annual Maximum Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay the Annual Maximum Special Tax in entirety. For building permits issued prior to July 1, 1994, the maximum prepayment for a Single Family Detached Unit is $6,616 and a Multi-Family Unit is $5,295. For building permits issued on or subsequent to July 1, 1994, the maximum prepayment shall increase by 3% per annum, commencing July 1, 1994, and each July 1 thereafter until July 1, 2008, upon which date the maximum prepayment shall be fixed and shall not thereafter increase. b. Determine the Single Family Detached Unit's or Multi-Family Unit's revised Annual Maximum Special Tax by multiplying the Single Family Detached Unit's or Multi-Family Unit's applicable Annual Maximum Special Tax for the Initial Fiscal Year determined pursuant to Section C.I. by (one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section F.l.b. by the maximum prepayment obligation determined pursuant to Section F.I.a). The Single Family Detached Unit's or Multi-Family Unit's revised Annual Maximum Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be the Annual Maximum Special Tax for the Single Family Detached Unit or Multi-Family Unit for purposes of Sections C. and D. herein. 2. After the Issuance of a Building Permit After the time a building permit has been issued for a Single Family Detached Unit or a Multi- Family Unit, and prior to May 1 for the next succeeding Fiscal Year, the owner of such Single Family-Detached Unit or a Multi-Family Unit's Parcel may prepay the Annual Maximum Special Tax in full or in part by making a cash payment to CFD No. 3, in which case the Annual Maximum Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: -5- BAKW&G/REA/fb/9137.01 3042.17.02 - 2/24/94 a. Compute the present value of the Annual Maximum Special Tax at the weighted average coupon rate of the outstanding Bonds, or 7% if no Bonds have been issued by CFD No. 3 at the time of this calculation, using a period equal to the lesser of the remaining term for which Annual Maximum Special Tax may be levied on such Developed Property or the remaining term of all outstanding Bonds; then b. Multiply the amount determined in Section F.2.a; above, by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present value of the total Annual Maximum Special Tax) to determine the prepayment amount subject to additional adjustments as specified below; then c. Add the following to the result of Section F.2.b.: i) Call premium as may be required in the Bond Indenture; ii) Bond interest on the amount determined in Section F.2.b., above, at the applicable weighted average interest rate on the Bonds issued and outstanding, if any, to the next available Bond call date or 7% to a maximum of ten (10) years if no Bonds have been issued by CFD No. 3 at such time; iii) Unpaid special taxes, interest and penalties, if any, which have been entered on the Assessor's tax roll; iv) and a $75 administrative charge per Single Family Dwelling Unit or Multi-Family Unit; then d. Subtract the following from the result of Section E.2.C.: i) Such Developed Property's pro rata share of the bond reserve fund allowance, computed at the rate used in establishing the reserve fund for outstanding Bonds, if applicable. Such Developed Property's pro rata share of the bond reserve fund shall be determined by multiplying the rate used in establishing the reserve fund by the quotient obtained by dividing such Developed Property's Annual Maximum Special Tax by the total Annual Maximum Special Tax for all Assessor's Parcels classified as Developed Property within CFD No. 3 for which such Bond(s) were issued. In cases where the prepayment percentage in Section F.2.b. is less than 100%, such Developed Property's pro rata share of the reserve fund shall be multiplied by the prepayment percentage to determine the applicable portion of reserve fund allowance. -6- B AKW&G/REA/fb/9137.01 3042.17.02 - 2/24/94 e. Subtract the following from the result of Section F.2.d. to determine the owner's cash payment required to be made to CFD No. 3: i) The interest earnings expected to be generated from the proceeds in Section F.2.d. taking into account the disbursement requirements of the proceeds at the reinvestment rate as determined by the CFD No. 3 from the date of discharge to the next available Bond call date, if applicable. e. The Annual Maximum Special Tax applicable to such Developed Property utilizing a prepayment percentage less than 100% percent shall be revised in the Fiscal Year following the date of prepayment by multiplying such Developed Property's Annual Maximum Special Tax by the prepayment percentage actually determined in Section F.2.b. Such Developed Property's revised Annual Maximum Special Tax for the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter, shall be the Annual Maximum Special Tax for such Developed Property for purposes of Sections C. and D. herein. G. Manner of Collection The Annual Maximum Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Annual Maximum Special Tax shall be subject to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collection of the Annual Maximum Special Tax shall otherwise be subject to the provisions of the Act. The Board reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. H. Termination of Annual Maximum Special Tax Levy Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent, the lien of special taxes of CFD No. 3 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 3 fully and completely discharges their special tax obligation pursuant to Sections F. 1 and/or F.2, the lien of special taxes of CFD No. 3 shall terminate. Pursuant to Section 53330.5 of the Act, the Board shall, upon written request, cause to be recorded in the official records of San Diego County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor's Parcel. -7- BAKW&G/REA/fl>/9137.01 3042.17.02 - 2/24/94 I. Review/Appeal Board The Board shall establish, as part of the proceedings and administration of CFD No. 3, a special Review/Appeal Board. Any landowner who feels that the amount of the Annual Maximum Special Tax, as to their Assessor's Parcel, is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the special tax and any landowner appeals, as herein specified. -8- BAKWiG/REA/fb/9137.01 3042.17.02 - 2/24/94 H COMPLETE THIS INFORMATION. RECORDS REQUESTED BY:°<" ***' , ^ 1495 ftN DIEGO COUNTY RECORDER'S OFFICE GREGORY StIITH, COUNTY RECORDER FEES' 0.00 RECEIVED BUSINESS OEPARlMLn, 7HT5 SPACE FOR RECOKDEK'S USE ONLY AMENDMENT TO NOTICE OF SPECIAL TAX LIEN Annexation No. 1 to Community Facilities District No. 3 of the Carlsbad Unified School District (Pleue fill in dcvr.iffp.it titles) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 6/94 Rec.Form iTR25 RECORDING REQUESTED BY , A AND RETURN TO: •* 4 9 6 COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT c/o Bowie, Arneson, Kadi, Wiles & Giannone Attention: Arto J. Nuutinen 4920 Campus Drive Newport Beach, Ca. 92660 e^ Above Line for Recorder's Use") AMENDMENT TO NOTICE OF SPECIAL TAX LIEN Annexation No. 1 to Community Facilities District No. 3 of the Carlsbad Unified School District NOTICE - THIS DOCUMENT SHALL ACT TO SUPPLEMENT THE NOTICE OF SPECIAL TAX LIEN PREVIOUSLY RECORDED FOR COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT RECORDED ON APRIL 26, 1994, IN THE SAN DIEGO COUNTY RECORDER'S OFFICE AS INSTRUMENT NO. 1994-0277976. NOTICE - THIS DOCUMENT SHALL NOT SUPERSEDE THE ABOVE-REFERENCED DOCUMENT. Pursuant to the requirements of Sections 3114.5 and 3117.5 of the Streets and Highways Code, the undersigned Clerk of the Board of Trustees (the "Board") of the Carlsbad Unified School District (the "District"), County of San Diego, State of California, hereby gives notice that a lien to secure payment of a special tax which the District, located within the City of Carlsbad, State of California, is authorized to levy is amended as provided for herein. The special tax secured by this lien is authorized for the purpose of: (1) paying principal and interest on bonds, the proceeds of which are being used to finance school and related facilities and all other incidental expenses thereto, and other facilities as defined in the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311, et seq.): and (2) providing such facilities, planning and design work and incidental expenses without bonds. BAKWtOAJN/22330 3042.17.82-7/2IV95 1497 The special tax is authorized to be levied within territory annexed to Community Facilities District No. 3 and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and cancelled in accordance with the law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax is as shown on Exhibit "A", attached hereto and incorporated herein by this reference. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, except that if Bonds have been issued judicial foreclosure may be provided for. Owners of parcels of real property within the territory annexed to Community Facilities District No. 3 shall have the right to fully prepay the special tax to be levied on such parcels as set forth hi Exhibit "A", hereto. Notice is further given that upon the recording of this Notice in the Office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property as annexed to Community Facilities District No. 3 in accordance with Sections 3115.5 and 3117.5 of the Streets and Highways Code. The names of the owners of the real property annexed into Community Facilities District as they appear on the latest secured assessment roll as of the date of recording of this Notice are as shown on Exhibit "B", attached hereto and made a part hereof by this reference. The assessor's tax parcel numbers of all parcels, or any portion thereof, which have been added to the territory within Community Facilities District No. 3 are as shown on Exhibit "B", attached hereto. Reference is made to the boundary map of Annexation No. 1 to Community Facilities District No. 3 recorded on June 16, 1995, at Book 29 of Maps of Assessment and Community Facilities and Assessment Districts at Page 29, as Instrument No. 1995-0254037 in the Office of the Recorder for the County of San Diego, State of California, which map depicts the territory annexed into Community Facilities District No. 3 and which annexation has now been completed. For further information concerning the current and future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact -2- BAKW&Q'AJN/lBSO 3042.l78.2-7/2<V95 1498 the Assistant Superintendent of Business Services of the Carlsbad Unified School District, Mr. John Blair, Secretary at the Carlsbad Unified School District, 801 Pine Avenue, Carlsbad, California 92008-2439. By: Clerk of the Board of Trustees of the Carlsbad Unified School District - 3 - BAKW&G'AJN>'22330 3042.178 2. 7,70/95 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) 1499 On before me, (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of iatisfactory evidence) to be the person^) whose name<y) is/ajce subscribed to the within instrument and acknowledged to me that h£/she/thfty executed the same in h£s/her/the.ir authorized capacity(i^), and that by higher/their signatureCa,) on the instrument the person^g), or the entity upon beha}f of which the person($ acted, executed the instrument. WITNE: ; Signature nd and official seal. (SEAL) -4 - 3542.I78.2-7/KV95 1500. EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 3 CARLSBAD UNIFIED SCHOOL DISTRICT This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No. 3 ("CFD No. 3") of the Carlsbad Unified School District to be levied and collected according to the special tax liability determined by the Board of Trustees of the Carlsbad Unified School District (the "School District"), acting as the Legislative Body of CFD No. 3. The applicable Annual Maximum Special Tax shall be determined pursuant to the application of the appropriate amount or rate for "Developed Property", as described below. All Developed Property within CFD No. 3, unless exempted by law, or the provisions of Section E, below, shall be subject to the applicable Annual Maximum Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 3 to estimate the Annual Maximum Special Tax to be annually levied and collected, or prepaid, as the case may be, with regard to property within CFD No. 3. A. Definitions "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the California Government Code. "Administrative Expense" means any costs incurred by the School District on behalf of CFD No. 3 related to the determination of the amount of the annual levy of the Annual Maximum Special Tax, the collection of the Annual Maximum Special Tax, the administration of the Bonds of CFD No. 3, and the other costs incurred in order to carry out the authorized purposes of CFD No. 3. "Annual Maximum Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel classified as Developed Property for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on an official map of the San Diego County Assessor which has been assigned a discrete identifying parcel number. "Board" means the Board of Trustees of the Carlsbad Unified School District. -5 - BAKW&G/AJN/22330 5042.17.8 2 • T/2CW3 1501 "Bonds" means the bonds, or equivalent securities, including, but not limited to, certificates of participation or leases, of CFD No. 3 issued and sold to finance the Facilities. "Bond Indenture" means the Bond Indenture, Trust Agreement or equivalent document, approved, and/or entered into, by CFD No. 3 providing for the issuance and sale of Bonds, as the same may be amended or supplemented from time to time. "Commercial/Industrial Property" means property zoned for commercial/industrial uses or other non-residential uses. "Developed Property" means for any Fiscal year all Taxable Property for which a foundation building permit for Residential Property was issued prior to May 1 preceding the Fiscal Year in which the Annual Maximum Special Tax is being levied. "Facilities" means the school facilities as may be identified in the Community Facilities District Report prepared.for CFD No. 3 on file in the Office of the Clerk of the Board or such other facilities to be financed by CFD No. 3 pursuant to the Act. "Fiscal Year" means the period starting on July 1st and ending the following June 30th. "Initial Fiscal Year" applies only to Developed Property and means the first Fiscal Year in which the Annual Maximum Special Tax will be apportioned and levied on an Assessor's Parcel. "Land Use Class" means any of the classes of Developed Property listed in Table 1 below. "Multi-Family Unif'or "Attached Dwelling Unit" means all Developed Property other than Single Family Detached Units, which includes, but shall not be limited to, apartments available for rental by the general public, condominiums as defined in Civil Code Section 1351, or a structure or structures made up of two or more units that share common walls that is to be developed or is developed for residential use. "Residential Property" means all property within CFD No. 3 classified as either a Single Family Detached Unit or Multi-Family Unit. "Senior Citizen Housing" means any senior citizen housing, residential care facilities for the elderly, or multilevel facilities for the elderly meeting the definitions set forth in Government Code Section 65995.1 or a successor section thereto. "Single Family Detached Unit" means Developed Property which contains a structure of one dwelling unit that is to be developed or is developed for residential use. - 6 - BAKW&G/A/N/22330 3W2.178.2- 7,70/95 1502 "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 3 which are not exempt from the Annual Maximum Special Tax pursuant to the Act and the provisions of Section E. herein. "Undeveloped Property" means all Taxable Property in CFD No. 3 not classified as Developed Property. B. Assignment to Land Use Categories As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable Property within CFD No. 3 shall be categorized as Developed Property or Undeveloped Property. Developed Property shall be subject to an Annual Maximum Special Tax pursuant to Sections C. and D. below. For purposes of determining the applicable Annual Maximum Special Tax for each Assessor's Parcel of Developed Property, all Developed Property shall be assigned to a Land Use Class designated in Table 1 below. Single Family Detached Units shall be assigned to Land Use Class 1. Multi-family Units shall be assigned to Land Use Class 2. C. Annual Maximum Special Tax 1. Developed Property The Annual Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the amount determined by reference to Table 1 and the paragraphs that follow Table 1. Table 1 Annual Maximum Special Tax Rates for Developed Property (For the Fiscal Year 1993-94) Annual Maximum Special Land Use Class Land Use Description Tax Per Unit C1993-94') 1 Single Family Detached Unit $637 2 Multi-Family Unit/Attached Dwelling Unit $510 In determining the Annual Maximum Special Tax which may be levied in any Fiscal Year, on July 1, 1994, and on each July 1 thereafter, the Annual Maximum Special Tax shall be increased by an amount equal to 3 % of the amount in effect for the previous Fiscal Year, until July 1, 2008. After July 1, 2008, no further escalation of the Annual Maximum Special Tax shall occur. - 7- BAKW&OAJN/22330 3042.17.8.2 -?,7(V95 1503 In each Fiscal Year in which an Assessor's Parcel is initially categorized as Developed Property, the Annual Maximum Special Tax for such Assessor's Parcel, for the Initial Fiscal Year and for each Fiscal Year thereafter, shall be fixed and shall thereafter not be subject to any further escalation of the Annual Maximum Special Tax as described in the paragraph above. 2. Undeveloped Property The Board shall not impose any Annual Maximum Special Tax on Undeveloped Property. D. Method of Apportionment of the Special Tax Commencing with Fiscal year 1994-95, and each Fiscal Year thereafter, the Board shall determine the Annual Maximum Special Tax to be collected from Taxable Property in CFD No. 3. The Board may levy the Annual Maximum Special Tax on all Assessor's Parcels of Development Property by levying the Annual Maximum Special Tax for Land Use Classes 1 and 2. E. Limitations The Board shall not levy an Annual Maximum Special Tax on properties owned by the State of California, federal or other local governments, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Developed Property which becomes the property of the State of California, the federal government or other public agency after being categorized as Developed Property is liable for the Annual Maximum Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Annual Maximum Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted, at the direction, and in the discretion, of the Board in any Fiscal Year. No Annual Maximum Special Tax shall be levied on Senior Citizen Housing or on Commercial/Industrial Property within CFD No. 3. F. Prepayment of the Annual Maximum Special Tax Any owner of Developed Property within CFD No. 3 may discharge the Annual Maximum Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as follows: 1. Upon the Issuance of a Building Permit At the time of issuance of a building permit for a Single Family Detached Unit or a Multi- Family Unit, the owner of such a Single Family Detached Unit or a Multi-Family Unit may prepay the Annual Maximum Special Tax in full or in part by making a cash payment to CFD -8- BAKW&G/AJN/22330 3042.17.8.2-7/20/95 1504 No. 3, in which case the Annual Maximum Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay the Annual Maximum Special Tax in entirety. For building permits issued prior to July 1, 1994, the maximum prepayment for a Single Family Detached Unit is $6,616 and a Multi-Family Unit is $5,295. For building permits issued on or subsequent to July 1, 1994, the maximum prepayment shall increase by 3% per annum, commencing July 1, 1994, and each July 1 thereafter until July 1, 2008, upon which date the maximum prepayment shall be fixed and shall not thereafter increase. b. Determine the Single Family Detached Unit's or Multi-Family Unit's revised Annual Maximum Special Tax by multiplying the Single Family Detached Unit's or Multi-Family Unit's applicable Annual Maximum Special Tax for the Initial Fiscal Year determined pursuant to Section C.I. by (one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section F.l.b. by the maximum prepayment obligation determined pursuant to Section F.I.a). The Single Family Detached Unit's or Multi-Family Unit's revised Annual Maximum Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be the Annual Maximum Special Tax for the Single Family Detached Unit or Multi-Family Unit for purposes of Sections C. and D. herein. 2. After the Issuance of a Building Permit After the time a building permit has been issued for a Single Family Detached Unit or a Multi- Family Unit, and prior to May 1 for the next succeeding Fiscal Year, the owner of such Single Family-Detached Unit or a Multi-Family Unit's Parcel may prepay the Annual Maximum Special Tax in full or in part by making a cash payment to CFD No. 3, in which case the Annual Maximum Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Compute the present value of the Annual Maximum Special Tax at the weighted average coupon rate of the outstanding Bonds, or 7% if no Bonds have been issued by CFD No. 3 at the time of this calculation, using a period equal to the lesser of the remaining term for which Annual Maximum Special Tax may be levied on such Developed Property or the remaining term of all outstanding Bonds; then b. Multiply the amount determined in Section F.2.a; above, by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present value of the total Annual Maximum Special Tax) to determine the prepayment amount subject to additional adjustments as specified below; then -9- BAKWiG/AJN/22330 KW2.17.8 2 - 7/ZOT5 1505 c. Add the following to the result of Section F.2.b.: i) Call premium as may be required in the Bond Indenture; ii) Bond interest on the amount determined in Section F.2.b., above, at the applicable weighted average interest rate on the Bonds issued and outstanding, if any, to the next available Bond call date or 7% to a maximum of ten (10) years if no Bonds have been issued by CFD No. 3 at such time; iii) Unpaid special taxes, interest and penalties, if any, which have been entered on the Assessor's tax roll; iv) and a $75 administrative charge per Single Family Dwelling Unit or Multi-Family Unit; then d. Subtract the following from the result of Section E.2.C.: i) Such Developed Property's pro rata share of the bond reserve fund allowance, computed at the rate used hi establishing the reserve fund for outstanding Bonds, if applicable. Such Developed Property's pro rata share of the bond reserve fund shall be determined by multiplying the rate used in establishing the reserve fund by the quotient obtained by dividing such Developed Property's Annual Maximum Special Tax by the total Annual Maximum Special Tax for all Assessor's Parcels classified as Developed Property within CFD No. 3 for which such Bond(s) were issued. In cases where the prepayment percentage in Section F.2.b. is less than 100%, such Developed Property's pro rata share of the reserve fund shall be multiplied by the prepayment percentage to determine the applicable portion of reserve fund allowance. e. Subtract the following from the result of Section F.2.d. to determine the owner's cash payment required to be made to CFD No. 3: i) The interest earnings expected to be generated from the proceeds in Section F.2.d. taking into account the disbursement requirements of the proceeds at the reinvestment rate as determined by the CFD No. 3 from the date of discharge to the next available Bond call date, if applicable. " e. The Annual Maximum Special Tax applicable to such Developed Property utilizing a prepayment percentage less than 100% percent shall be revised in the Fiscal Year following the date of prepayment by multiplying such Developed Property's Annual Maximum Special Tax by the prepayment percentage actually determined in Section F.2.b. Such Developed Property's revised Annual Maximum Special Tax for the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter, shall be the Annual Maximum Special Tax for such Developed Property for purposes of Sections C. and D. herein. - 10- ;<HZ1782-"l<y95 1506G. Manner of Collection The Annual Maximum Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Annual Maximum Special Tax shall be subject to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collection of the Annual Maximum Special Tax shall otherwise be subject to the provisions of the Act. The Board reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. H. Termination of Annual Maximum Special Tax Levy Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent, the lien of special taxes of CFD No. 3 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 3 fully and completely discharges their special tax obligation pursuant to Sections F. 1 and/or F.2, the lien of special taxes of CFD No. 3 shall terminate. Pursuant to Section 53330.5 of the Act, the Board shall, upon written request, cause to be recorded in the official records of San Diego County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor's Parcel. I. Review/Appeal Board The Board shall establish, as part of the proceedings and administration of CFD No. 3, a special Review/Appeal Board. Any landowner who feels that the amount of the Annual Maximum Special Tax, as to their Assessor's Parcel, is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the special tax and any landowner appeals, as herein specified. - 11 - BAK.W&G/AJN/22330 3042.17.8.2 -7/20/95 1507 EXHIBIT "B" Ownership Kaiza Poinsettia Kaiza Poinsettia Kaiza Poinsettia Kaiza Poinsettia Kaiza Poinsettia Kaiza Poinsettia Kaiza Poinsettia Kaiza Poinsettia Kaiza Poinsettia Kaiza Poinsettia Kaiza Poinsettia Sea Bluff Associates Greystone Homes, Inc. Bramalea California, Inc. Schindler Family Trust Ocean Bluff Partnership HSL/BP Michan L.P. HSL/BP Michan L.P. HSL/BP Michan L.P. Toyohara America Group Assessor Parcel Number 216-510-01 216-140-31 216-510-02 216-510-03 216-510-04 216-510-05 216-510-06 216-511-01 216-511-02 216-511-03 216-420-82 216-140-30 214-140-40 214-140^2 215-070-13 215-070-16 214-450-25 214-150-17 214-150-18 214-140-07 - 12- BAKW&G/AJN/22330 3M2.17a.2-7/2OTS Community Facilities District f3 (CFD t3) Carlsbad Unified Sc ool District May 1995 fcl:« IS D Avara I?.1-'! Z-~