HomeMy WebLinkAboutCT 90-05B; AVIARA PLANNING AREA 7; Tentative Map (CT)- CITY OF CARLSBAD
FOR PAGE 1 OF 2 AND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT (FOR DEPT
USE ONLY) USE ONLY)
0 Master Plan
Specific Plan
Precise Development Plan
Tentative Tract Map (Revision)
0 Planned Development Permit
0 Non-Residential Planned Development
Condominium Permit (Revision)
O Special Use Permit
0 Redevelopment Permit
O Tentative Parcel Map
Obtain from Eng. Dept
0 Administrative Variance
Administrative Permit - 2nd Dwelling Unit
0 General Plan Amendment
Local Coastal Plan Amendment
Site Development Plan
Zone Change
0 Conditional Use Permit
0 Hillside Development Permit
O Planned Industrial Permit
0 Coastal Development Permit
0 Planning Commission Determination
0 List any other applications not specificed
2(8 0 Environmental Impact Assessment
0 Variance
2) LOCATION OF PROJECT: ON THE I NORTH SIDE OF I ALGA ROAD
(NORTH, SOUTH EAST, WEST)____________________ I (NAME OF STREET)
BETWEEN IANBROSIA LANE AND IBATIQUITOS DRIVE
(NAME OF STREET) (NAME OF STREET)
I 3) BRIEF LEGAL DESCRIPTION:
ACCORDING TO MAP NO. 12411.
4) ASSESSOR PARCEL NO(S). IPORTION OF 215-612-07
5) LOCAL FACILITIES I 19 16) EXISTING GENERAL PLAN I PROPOSED GENERAL PLAN
MANAGEMENT ZONE DESIGNATION DESIGNATION
8) EXISTING ZONING ic 9) PROPOSED ZONING I pc I0) GROSS SITE 7 31 ACREAGE
11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION
RESIDENTIAL UNITS 53 OF LOTS 13 RES.
(RESIDENTIAL, COMMERCIAL ,INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL UNITS
15) PROPOSED INDUSTRIAL --0-- 116) PROPOSED COMMERCIAL I --o--
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
NOTE: - rncO -EML1ST $ jog'ro 4 OOIM.
FRM00016 8/90
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE J 23% I
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS I 53 I
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC T424 I
20) PROJECT NAME: I AVIARA 7 I
21) BRIEF DESCRIPTION OF PROJECT: j THIS PROJECT CONSISTS OF A REVISION TO THE
PREVIOUSLY APPROVED TENTATIVE MAP/CONDOMINIUM PERMIT TO ALLOW FOR THE
ELIMINATION OF 14 TOWNHOMES AND REPLACE THEM WITH RECREATIONAL FACILITIES.
22) IN THE PROCESS OF, SVI NG THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,
PLANNING COMMISIONE DESIGN W BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE PROPEEThA IS THE j>4)S APPLICATION. VWE CONSENT TO ENTRY FOR THIS
PURPOSE
r , dj..c.ct *: 0 1-4 !/A ,- , rJcc f - \ <
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23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE)
BARRATT AMERICAN, INCORPORATED BARRATT AMERICAN, INCORPORATED
MAILING ADDRESS MAILING ADDRESS
2035 CORTE DEL NOGAL, SUITE 160 2035 CORTE DEL NOGAL, SUITE 160
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
CARLSBAD, CA 92009 (619)431-0800 CARLSBAD, CA 92009 (619)431-0800
I CERTWY THAT! AM THE LEGAL OWNER i CERM THAT! AM ThE 2GAL OWNER', RENTA1WE AND
AND THAT ALL THE ABOVE INFORMAtiON THAT All. THE ABOVE !NPORMAT!ON IS TRUE AND a)RREcr ID THE
UE AND rrwarrr m THE RFS'r OF BT Of MY KNOWLEDGE.
ATE
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
cgo-c()
cp 70 -203) 5 510,C) o
EPr 220.00
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DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
r.ic<-
TOTAL FEE REQUIRED
Py5s°° j
DATE FEE PAID
RECEIPT NO.
Form No. 1402.92
(10/17/92)
ALTA Owners Policy
POLICY OF TITLE INSURANCE
AM 1
ISSUED BY
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title. to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the ConditiopsapdSttpulations.
SEP2 9
CaV
First American Title Insurance Company
BY Y&U PRESIDENT
1 3 0 91 12 ATTEST j SECRETARY
•..
FORM NO. 1402.92
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
SC
ORDER NO. 1082336-15
SCHEDULE A
POLICY NO. 1082336-15
AMOUNT OF INSURANCE $3,650,000.00 PREMIUM $3,831.30
DATE OF POLICY: AUGUST 9, 1994 AT 3:03 P.M.
1. NAME OF INSURED:
BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS
POLICY IS:
FEE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "1" ATTACHED HERETO
PAGE 1
I. •S
PORN NO. 1402.92 ORDER NO. 1082336-15
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
SCHEDULE B
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY
WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY
REASON OF:
PART ONE:
1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY
THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR
ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS.
2. ANY FACTS, RIGHTS, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY
THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN
INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN
POSSESSION THEREOF.
3. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD
DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS.
5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS
IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C)
WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE
MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC
RECORDS.
6. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND; NOT
SHOWN BY THE PUBLIC RECORDS.
PART TWO:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994-95, A LIEN,
NOT YET PAYABLE.
2. A BOND ISSUED UNDER THE 1915 ACT FOR ALGA ROAD, ASSESSMENT NO.
0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED
ON THE TAX ROLL. PRINCIPAL BALANCE IS: $1,036,028.45,
PROVIDED CURRENT TAXES ARE PAID.
PAGE 2
S.
S.
FORM NO. 1402.92 ORDER NO. 1082336-15
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
A BOND ISSUED UNDER THE 1915 ACT FOR ALGA ROAD, ASSESSMENT NO.
0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED
ON THE TAX ROLL. PRINCIPAL BALANCE IS: $1,036,028.45,
PROVIDED CURRENT TAXES ARE PAID.
3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY,
ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF
THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER
APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
4. AN EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS
AND ELECTRIC COMPANY, RECORDED OCTOBER 16, 1956 IN BOOK 6301,
PAGE 162 OF OFFICIAL RECORDS, LOCATED WITHIN A 150.00 FOOT
STRIP OF LAND, BEING ADDITIONALLY SHOWN ON SAID MAP NO. 12411.
AFFECTS LOT 92 AS SHOWN ON MAP NO. 12411.
SAID EASEMENT ADDITIONALLY CONTAINS THE RIGHT TO TRIM TREES
WITHIN 20.00 FEET OF SAID RIGHT OF WAY TO A HEIGHT OF LESS
THAN 30.00 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
A RIGHT OF WAY USE AGREEMENT DATED JULY 9, 1990, EXECUTED BY
AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND AVIARA LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP, RECORDED JULY 25, 1990 AS FILE NO. 90-404683 OF
OFFICIAL RECORDS.
5. AN EASEMENT FOR PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF
CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT,
RECORDED FEBRUARY 27, 1962 AS FILE NO. 33068 OF OFFICIAL
RECORDS.
AFFECTS LOTS 92 AND 93 AS SHOWN ON MAP NO. 12411.
A PORTION OF SAID EASEMENT WAS QUITCLAIMED BY DOCUMENT
RECORDED DECEMBER 13, 1990 AS FILE NO. 90-0663592 OF OFFICIAL
RECORDS.
6. AN EASEMENT FOR PIPELINE OR PIPELINES FOR ANY AND ALL
PURPOSES, CONDUITS AND CABLES FOR POWER TRANSMISSION AND
COMMUNICATION PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF
CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED SEPTEMBER 27, 1966
AS FILE NO. 156084 OF OFFICIAL RECORDS.
Atiowl
S.
FORM NO. 1402.92 ORDER NO. 1082336-15
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
AFFECTS LOTS 92 AND 93 AS SHOWN ON MAP NO. 12411.
A PORTION OF SAID EASEMENT WAS QUITCLAIMED BY DOCUMENT
RECORDED DECEMBER 13, 1990 AS FILE NO. 90-0663591 OF OFFICIAL
RECORDS.
7. AN AGREEMENT REGARDING BETWEEN DEVELOPER-OWNER AND THE CITY OF
CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED
SEPTEMBER 7, 1983, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: N. B. HUNT AND W. H. HUNT AND
THE CITY OF CARLSBAD, A
MUNICIPAL CORPORATION.
RECORDED: 'OCTOBER 20, 1983 AS FILE NO. 83-378945 OF OFFICIAL
RECORDS.
8. THE FACT THAT SAID LAND LIES WITHIN THE HPI REORGANIZATION, AS
DISCLOSED BY SAN DIEGO COUNTY LOCAL AGENCY FORMATION
COMMISSION CERTIFICATE OF COMPLETION, RECORDED FEBRUARY 14,
1985 AS FILE NO. 85-051430 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
9. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE
DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY
OF CARLSBAD, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19,
1986, RECORDER'S FILE NO. 86-356638 OF OFFICIAL RECORDS.
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES:
FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE
GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR
DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT.
10. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED
SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 14,
1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS.
A NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE
NO. 90-189679 OF OFFICIAL RECORDS.
11. AN AGREEMENT REGARDING DEED RESTRICTION (OPEN SPACE), DATED
MARCH 22,. 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
klAtiomll
so
FORM NO. 1402.92
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
RECORDED: APRIL 14, 1989 AS
RECORDS.
ORDER NO. 1082336-15
PARTNERSHIP AND THE CALIFORNIA
COASTAL COMMISSION.
FILE NO. 89-196176 OF OFFICIAL
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
12. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE
EASEMENT AND DECLARATION OF RESTRICTIONS" DATED MARCH 13,
1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, RECORDER'S
FILE NO. 89-196180 OF OFFICIAL RECORDS.
13. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE
MAP OF THE SUBDIVISION SHOWN BELOW
MAP. NO. 12411
PROVISIONS: AS FOLLOWS:
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR
TO THE SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS
SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL
CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE
EXECUTED.
THE OWNER ACCEPTS RESPONSIBILITY FOR OVERLAND DRAINAGE AND
ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY).
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS 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 OR OCCUPANCY.
PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE
PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE
CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE
SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVIDED PROPERTY
WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A
SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE
PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES SHALL BE
DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR
SALE.
PAGE 5
FORM NO. 1402.92 ORDER NO. 1082336-15
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT
BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF
THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT
MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NO. 9322,
APPROVED DECEMBER 22, 1987 AND ANY AMENDMENTS THERETO.
THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES,
OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT
PLAN.
14. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATED
AND DESIGNATED ON MAP NO. 12411, SUBJECT TO ANY TERMS AND
CONDITIONS CONTAINED THEREIN.
AFFECTS: LOTS 92 AND 93 AS SHOWN ON SAID MAP.
15. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHTS OF INGRESS OR EGRESS TO OR FROM LOTS 92 AND 93, EXCEPT
THOSE PORTIONS SHOWN AS "ACCESS OPENINGS", ADJACENT AND
CONTIGUOUS TO ALGA ROAD ADJACENT THERETO, SAID RIGHTS . HAVING
BEEN RELINQUISHED ON MAP NO. 12411.
16.. AN EASEMENT FOR SIGHT CORRIDOR AND INCIDENTAL PURPOSES AS
DELINEATED AND DESIGNATED ON MAP NO. 12411, SUBJECT TO ANY
TERMS AND CONDITIONS CONTAINED THEREIN.
AFFECTS: LOT 92 AS SHOWN ON SAID MAP.
17. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR
NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED JULY 5, 1989 AS
FILE NO. 89-354659 OF OFFICIAL RECORDS.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL
NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR
DEED OF TRUST MADE FOR VALUE.
SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS
DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO,
ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY,
SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF
TRUST OR FIRST MORTGAGE.
PAGE 6
j ~. .. 1. so 40
FORM NO. 1402.92 ORDER NO. 1082336-15
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
A FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT' S
RIGHTS UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE AVIARA COUNTRY CLUB AND RESORT WHICH
RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406653 OF OFFICIAL
RECORDS.
FIRST AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED JULY 31, 1990
AS FILE NO. 90-418521 OF OFFICIAL RECORDS.
SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEBRUARY 8,
1991 AS FILE NO. 91-0057543 AND RE-RECORDED MARCH 15, 1991 AS
FILE NO. 91-0114756, BOTH OF OFFICIAL RECORDS.
THIRD AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED SEPTEMBER 16,
1991 AS FILE NO. 91-0475307 OF OFFICIAL RECORDS.
18. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR
NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED AUGUST 17, 1989 AS
FILE NO. 89-440103 OF OFFICIAL RECORDS.
19. AN AGREEMENT REGARDING OPTION TO REPURCHASE, DATED AUGUST 10,
1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN.
EXECUTED BY AND BETWEEN: LYON COMMUNITIES INC., A
CALIFORNIA CORPORATION AND
AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE
CORPORATION.
RECORDED: AUGUST 17, 1989 AS FILE NO. 89-440104 OF OFFICIAL
RECORDS.
SAID OPTION TO REPURCHASE IS SUBORDINATE TO THE DEED OF TRUST
RECORDED OCTOBER 23, 1990 AS FILE NO. 90-9576564 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED
OCTOBER 23, 1990 AS FILE NO. 90-0576565 OF OFFICIAL RECORDS.
PAGE 7
FORM NO. 1402.92
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
40
ORDER NO. 1082336-15
20. AN EASEMENT TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE
DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES, WALLS,
FENCES, EROSION CONTROL DEVICES AND SUCH OTHER FACILITIES AS
ARE CONSISTENT WITH THE USE OF THE DEDICATED PROPERTY AS OPEN
SPACE LAND, TO INSTALL LANDSCAPING AND DRAINAGE AND IRRIGATION
FACILITIES IN THE DEDICATED PROPERTY AND ENTER UPON THE
DEDICATED PROPERTY FOR THE PURPOSE OF MAINTAINING, RESTORING
AND REPLACING SUCH LANDSCAPING AND DRAINAGE AND IRRIGATION
FACILITIES, TO ENTER UPON THE DEDICATED PROPERTY TRIM AND
MAINTAIN TREES, TO ENTER UPON THE DEDICATED PROPERTY TO THIN
AND REMOVE VEGETATION AND UNDERBRUSH, TO DEDICATE EASEMENTS
OVER THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION,
OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES, TO
ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSES OF
INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC
UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF AVIARA LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION,
RECORDED AUGUST 17, 1989 AS FILE NO. 89-440103 OF OFFICIAL
RECORDS.
21. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $ (NOT SHOWN), AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 17, 1989 AS FILE
NO. 89-440105 OF OFFICIAL RECORDS.
DATED: AUGUST 10, 1989
TRUSTOR: LYON COMMUNITIES INC., A CALIFORNIA
CORPORATION
TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION
BENEFICIARY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
PAGE 8
S. ••
FORM NO. 1402.92 ORDER NO. 1082336-15
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
22: A UNITY OF CONTROL AGREEMENT, DATED FEBRUARY 20, 1990, UPON
THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP; DAVIDSON COSCAN
PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP; LYON COMMUNITIES,
INC., A CALIFORNIA CORPORATION;
RDC DEVCO II LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP; A-M HOMES, A
CALIFORNIA LIMITED PARTNERSHIP
AND BRAMALEA CALIFORNIA INC., A
CALIFORNIA CORPORATION.
RECORDED: APRIL 16, 1990 AS FILE NO. 90-204778 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AN ASSUMPTION AGREEMENT DATED AUGUST 9, 1994, UPON THE TERMS,
COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND BARRATT
AMERICAN INCORPORATED, A
DELAWARE CORPORATION.
RECORDED: AUGUST 9, 1994 AS FILE NO. 1994-0485187 OF OFFICIAL
RECORDS.
23. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, EXECUTED BY
AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A
DELAWARE CORPORATION AND RECORDED JUNE 1, 1990 AS FILE NO. 90-
298175 02 OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AN ASSUMPTION AND EASEMENT AGREEMENT DATED AUGUST 9 1 1994,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A
DELAWARE CORPORATION AND
BARRATT AMERICAN INCORPORATED,
A DELAWARE CORPORATION.
RECORDED: AUGUST 9, 1994 AS FILE NO. 1994-0485186 OF OFFICIAL
RECORDS.
PAGE 9
- 1 . .•
FORM NO. 1402.92
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
•O
ORDER NO. 1082336-15
24. A NOTICE OF ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD), AS
EVIDENCED BY AN ASSESSMENT DISTRICT DIAGRAM AND NOTICE
RECORDED JULY 19, 1990 AS FILE NOS. 90-391306 AND 90-391307,
BOTH OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
25. A SPECIAL ASSESSMENT DISTRICT PASS-THROUGH AUTHORIZATION
AGREEMENT DATED JULY 6, 1990, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: CITY OF CARLSBAD, A MUNICIPAL
CORPORATION AND LYON
COMMUNITIES.
RECORDED: kOCTOBER 31, 1990 AS FILE NO. 90-0590734 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
26. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES
DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER
19, 1990 AS FILE NO. 90-0674118 OF OFFICIAL RECORDS.
A NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO.
91-0236959 OF OFFICIAL RECORDS.
27. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND
CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF
INGRESS AND EGRESS IN FAVOR OF PACIFIC BELL, A CALIFORNIA
CORPORATION BY INSTRUMENT RECORDED SEPTEMBER 6, 1991 AS FILE
NO. 91-0456671 OF OFFICIAL RECORDS, LOCATED WITHIN LOT 92 OF
CITY OF CARLSBAD TRACT 85-35 AVIARA-PHASE I-UNIT C SUBDIVISION
AS SAID LOT IS SHOWN ON MAP OF SAID SUBDIVISION FILED FOR
RECORD AS MAP NO. 12411 ON JUNE 29, 1989, IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY.
THE ABOVE DESCRIBED EASEMENT SHALL BE LOCATED ON A STRIP OF
LAND 2.00 FEET IN WIDTH AND 17.00 FEET IN LENGTH IN SAID
PROPERTY, THE APPROXIMATE LOCATION OF WHICH IS SHOWN ON
EXHIBIT "A", ATTACHED THERETO AND MADE A PART THEREOF.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
28. A NOTICE CONCERNING PROXIMITY OF THE PLANNED OR EXISTING ALGA
ROAD TRANSPORTATION CORRIDOR(S) RECORDED DECEMBER 5, 1991 AS
FILE NO. 91-0628340 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 10
.• ..
PORN NO. 1402.92 ORDER NO. 1082336-15
(10/17/92)
ALTA.OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
29. A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS RECORDED
DECEMBER 5, 1991 AS FILE NO. 91-0628341 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
30. AN EASEMENT FOR AIRCRAFT OPERATIONS, SOUND AIR SPACE AND
AVIGATION AND INCIDENTAL PURPOSES IN FAVOR OF THE COUNTY OF
SAN DIEGO, RECORDED DECEMBER 5, 1991 AS FILE NO. 91-0628342 OF
OFFICIAL RECORDS, LOCATED WITHIN ALL AIR SPACE ABOVE THE
HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
31. AN AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD
FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, RECORDED
JULY 11, 1994 AS FILE NO. 1994-0431414 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
32. AN ASSUMPTION AND CONSENT AGREEMENT DATED AUGUST 9, 1994, UPON
THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND BARRATT
AMERICAN INCORPORATED, A
DELAWARE CORPORATION.
RECORDED: AUGUST 9, 1994 AS FILE NO. 1994-0485188 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 11
•I
FORM NO. 1402.92 ORDER NO. 1082336-15
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
33. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $500,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 9, 1994 AS FILE
NO. 1994-0485189 OF OFFICIAL RECORDS.
DATED: AUGUST 3, 1994
TRUSTOR: BARRATT AMERICAN INCORPORATED, A DELAWARE
CORPORATION
TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A
CALIFORNIA CORPORATION
BENEFICIARY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
34. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $2,050,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 9, 1994 AS FILE
NO. 1994-0485190 OF OFFICIAL RECORDS.
DATED: AUGUST 9, 1994
TRUSTOR: BARRATT AMERICAN INCORPORATED
TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A
CALIFORNIA CORPORATION
BENEFICIARY: WNH AVIARA PARTNERS, A CALIFORNIA LIMITED
PARTNERSHIP
PAGE 12
-. . .•
PORN NO. 1402.92
(10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
••
ORDER NO. 1082336-15
EXHIBIT "1
LOTS 92 AND 93 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1
UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONOUS BY
WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED
FROM ANY OF TE FOREGOING, THAT MAY BE WITHIN OR UNDER THE
PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING,
EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE
SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO
WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE
PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR
ACROSS THE SUB-SURFACE OF THE PROPERTY, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO
REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO
ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE,
STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET
OF THE SUBSURFACE OF THE PROPERTY AS RESERVED IN GRANT DEED
RECORDED AUGUST 17, 1989 AS FILE NO. 89-440103 OF OFFICIAL RECORDS.
PAGE 13
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1
••CLUSIONS FROM COVERAGE 40 4P
.The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the
land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) insured': the insured named in Schedule A, and,
subject to any rights or defenses the Company would have
had against the named insured, those who succeed to the
interest of the named insured by operation of law as
distinguished from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal representa-
tives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or
damage.
(C) 'knowledge or "known": actual knowledge, not
constructive knowledge or notice which may be imputed to
an insured by reason of the public records as defined in this
policy or any other records which impart constructive notice
of matters affecting the land.
(d) "land": the land deticribed or referred to in
Schedule (A), and improvements affixed thereto which by law
constitute real property. The term "land" does not include any
property beyond the lines of the area described or referred
to in Schedule (A), nor any right, title, interest, .estate or
easement in abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing herein shall modify or limit
the extent to which a right of access to and from the land is
insured by this policy.
(e) "mortgage': mortgage, deed of trust, trust deed,
or other security instrument.
(f) "public records": records established under state
statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to
purchasers for value and without knowledge. With respect to
Section 1 (a)(iv) of the Exclusions From Coverage, "public
records" shall also incude environmental protection liens filed
in the records of the clerk of the United States district court
for the district in which the land is located.
(g) "unmarketability of the title": an alleged or
apparent matter affecting the title to the land, not excluded or
excepted from coverage, which would entitle a purchaser of
the estate or interest described in Schedule A to be released
from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE.
The coverage of this policy shall continue in f,oCce as
of Date of Policy in favor of an insured oflly so long as the
insured retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by this policy which constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of calculating
the amount of the loss or damage. If the Company is
prejudiced by the failure of the insured claimant to provide the
required proof of loss or damage, the Company's obligations
to the insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be
required to submit to examination under oath by any
authorized representative of the Company and shall produce
for-examination, inspection and copying, at such reasonable
times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a
date before or after Date of Policy, which reasonably pertain
to the loss or damage. Further, if requested by any authorized
representative of the Company, the insured claimant shall
grant its permission, in writing, for any authorized rep-
resentative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and mem-
oranda in the custody or control of a third party, which
reasonably pertain to the loss or damage. All information
designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the insured claimant to submit for examination
under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary informa-
tion from third parties as required in this paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of
Insurance.
To pay or tender payment of the amount of insurance
under this policy together with any costs, attorneys' fees and
expenses incurred by the insured claimant, which were
authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to
pay.
Upon the exercise by the Company of this option, all
liability and obligations to the insured under this policy, other
than to make the payment required, shall terminate, including
any hjIitv or ohIiotirnr tn dPfnd nrncecnifp or rrnntininô
for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by
the Company or with the Company's consent, the Company
shall have no liability for loss or damage until there has been
a final determination by a court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title
as insured.
(c) The Company shall not be liable for loss or
damage to any insured for liability voluntarily assumed by the
insured in settling any claim or suit without the prior written
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' tees and expenses, shall reduce the
amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the Amount of In-
surance under this policy shall be reduced by any amount the
Company may pay under any policy insuring a mortgage to
which exception is taken in Schedule B or to which the
insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge or
lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a
payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this
policy for endorsement of the payment unless the policy has
been lost or destroyed, in which case proof of loss or
destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has
been definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within 30
days thereafter.
13. SUBROGATION UPON PAYMENT
OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenver the Company shall have settled and paid a
claim under this policy, all right of subrogation shall vest in
the Company unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
Company for cancellation.
I (b) To Pay or Otherwise Settle With Parties Otherth
ured or With the Insured Claimant.
(I) to pay or otherwise settle with other parties 300
or in the name of an insured claimant any claim insured
against under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which
were authorized by the Company up to the time of payment
and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured
claimant the loss or damage provided for under this policy,
together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company
is obligated to pay.
Upon the exercise by the Company of either of the
options provided for in paragraphs (b)(i) or (ii), the Com-
pany's obligations to the insured under this policy for the
claimed loss or damage, other than the payments required to
be made, shall terminate, including any liability or obligation
to defend, prosecute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE.
made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force i
favor of any purchaser from the insured of either (I) an estat
.or interest in the land, or (ii) an indebtedness secureb by a
.purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT.
The insured shall notify the Company promptly in
writing (i) in case of any litigation as set forth in Section 4(a)
below, (ii) in case knowledge shall come to an insured
hereunder of ahy claim of title or interest which is adverse to
the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable
by virtue of this policy, or (iii) if title to the estate or interest,
as insured, is rejected as unmarketable. If prompt notice shall
not be given to the Company, then as to the insured all liability
of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case
prejudice the rights of any insured under this policy unless
the Company shall be prejudiced by the failure and then only
to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to
the options contained in Section 6 of these Conditions and
Stipulations, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an
insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those
stated causes of action alleging a defect, lien or en-
cumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice
(subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees, costs
or expenses incurred by the insured in the defense of those
causes of action which allege matters not insured against by
this policy.
• (b) The Company shall have the right, at its own cost,
to institute and prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or
desirable to establish the title to the estate or interest, as
insured, or to prevent or reduce loss or damage to the
insured. The Company may take any appropriate action under
the terms of this policy, whether or not it shall be liable
hereunder, and shall not thereby concede liability or waive
any provision of this policy. If the Company shall exercise its
rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an
action or interposed a defense as required or permitted by the
provisions of this policy, the Company may pursue any
litigation to final determination by a court of competent
jurisdiction and expressly reserves the right, in its sole
discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires
the Company to prosecute or provide for the defense of any
action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the
action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of the insured for this
purpose. Whenever requested by the Company, the insured,
at the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement, and (ii) in any
other lawful act which in the opinion of the Company may be
necessary or desirable to establish the title to the estate or
interest as insured. If the Company is prejudiced by the failure
of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter
or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been
provided the Company, a proof of loss or damage signed and
sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the defect in, or lien
or encumbrance on the title, or other matter insured against
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the
insured claimant who has suffered loss or damage by reason
of matters insured against by this policy and only to the extent
herein described.
(a) The liability of the Company under this policy shall
not exceed the least of:
(I) the Amount of Insurance stated in Schedule A;
(ii) the difference between the value of the insured
estate or interest as insured and the value of the insured estate
or interest subject to the defect, lien or encumbrance insured
against by this policy.
(b) In the event the Amount of Insurance stated in
Schedule A at the Date of Policy is less than 80 percent of
the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected
on the land which increases the value of the insured estate
or interest by at least 20 percent over the Amount of
Insurance stated in Schedule A, then this Policy is subject to
the following:
(i) where no subsequent improvement has been
made, as to any partial loss, the Company shall only pay the
loss pro rata in the proportion that the Amount of Insurance
at Date of Policy bears to the total value of the insured estate
or interest at Date of Policy; or (ii) where a subsequent
improvement has been made, as to any partial loss, the
Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule
A bears to the sum of the Amount of Insurance stated in
Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to
costs, attorneys' fees and expenses for which the Company
is liable under this policy, and shall only apply to that portion
of any loss which exceeds, in the aggregate, 10 percent of
the Amount of Insurance stated in Schedule A.
(C) The Company will pay only those costs, attorneys'
fees and expenses incurred in accordance with Section 4 of
these Conditions and Stipulations.
APPORTIONMENT.
If the land described in Schedule (A)(C) consists of two
or more parcels which are not used as a single site, and a loss
is established affecting one or more of the parcels but not all,
the loss shall be computed and settled on a pro rata basis as
if the Amount of Insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive of any improvements made sub-
sequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement or by an
endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cures the lack of a
right of access to or from the land, or cures the claim of
unmarketability of title, all as insured, in a reasonably diligent
manner by any method, including litigation and the comple-
tion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable
,,., a, ., . .,• .. -
this policy not been issued. If requested by the Compa
sured claimant shall transfer to the Company all rig'
emedies against any person or property necessary
orcgr to perfect this right of subrogation. The insur
claimant shall permit the Company to sue, compromise
settle in the name of the insured claimant and to use the nat
of the insured claimant in any transaction or litigat:
involving these rights or remedies.
If a payment on account of a claim does not fully cm
the loss of the insured claimant, the Company shall
subrogated to these rights and remedies in the proporti
which the Company's payment bears to the whole amoi
of the loss.
If loss should result from any act of the insur
claimant, as stated above, that act shall not void this poll:
but the Company, in that event, shall be required to pay or
that part of any losses insured against by this policy whi
shall exceed the amount, if any, lost to the Company
reason of the impairment by the insured claimant of
Company's right of subrogation.
(b) The Company's Rights Against non-insur
Obligors.
The Company's right of subrogation against nc
insured obligors shall exist and shall include, withc
limitation, the rights of the insured to indemnities, guarantic
other policies of insurance or bonds, notwithstanding a
terms or conditions contained in those instruments whi
provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Cot
pany or the insured may demand arbitration pursuant to
Title Insurance Arbitration Rules of the American Arbitrati
Association. Arbitrable matters may include, but are r
limited to, any controversy or claim between the Compa
and the insured arising out of or relating to this policy, a:
service of the Company in connection with its issuance
the breach of a policy provision or other obligation. i
arbitrable matters when the Amount of Insurance
$1,000,000 or less shall be arbitrated at the option of eith
the Company or the insured. All arbitrable matters when ti
Amount of Insurance is in excess of $1,000,000 shall
arbitrated only when agreed to by both the Company and tr
insured. Arbitration pursuant to this policy and under tr
Rules in effect on the date the demand for arbitration is mac
or, at the option of the insured, the Rules in effect at Date
Policy shall be binding upon the parties. The award m
include attorneys' fees only if the laws of the state in wllic
the land is located permit a court to award attorneys' fees
a prevailing party. Judgment upon the award rendered by tr
Arbitrator(s) may be entered in any court having jurisdictic
thereof.
The law of the situs of the land shall apply to
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from tr
Company upon request.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if an
attached hereto by the Company is the entire policy ar
contract between the insured and the Company. In interpre
ing any provision of this policy, this policy shall be construe
as a whole.
(b) Any claim of loss or damage, whether or m
based on negligence, and which arises out of the status
the title to the estate or interest covered hereby or by ar
action asserting such claim, shall be restricted to this polic
(C) No amendment of or endorsement to this polic
can be made except by a writing endorsed hereon or attache
hereto signed by either the President, a Vice President, tti
Secretary, an Assistant Secretary, or validating officer
authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invali
or unenforceable under applicable law, the policy shall b
deemed not to include that provision and all other provision
shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and an
statement in writing required to be furnished the Compan
shall include the number of this policy and shall be addresse
to the Company at 114 East Fifth Street, Santa Ana, Californ:
92701. or to the office which issued this colicy
CITY OF CARLSBAD
1200 cARLSBAb1LAGE DRIVE cARLSBAD, A'ORNJA 92008
434-2867
REC'D FROM I 14J' '1 (( -, l-r DATE
6? 09/29/94 01 02
ACCOUNT NO. DESCRIPTION AMOUNT
iv-
RECFIPT NO. I -tq NOT VALID UNLESS VALIDATED BY TOTAL / n
® Printed on recycled paper. CASH REGISTER -
'Oev-, CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, - LIFORNIA 92008
438-5621
REC'D FROM - DATE
- ACCOUNT NO. DESCRIPTION AMOUNT
/Q ç7j-Lj -
9/c
-_-
WA !'A All
- ¶4 ¶41 WLI 4,41 114 ¶414 ,4 .1.
RECIPT NO. 3165 TOTAL /)
® Printed on recycled paper. - -
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 applica.t-toj complete. When the application is complete, the
processing period will syart upon th. d t_j f he completion letter.
Applicant Signature:
Staff Signature:
Date: - zr-
To be stapled with receipt to application
Copy for file
00
bad
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF 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: S E P 2 9 19,914
1 Applicant ri
List the names and addresses of all persons having a financial interest in the application.
BARRATT_ AMERICAN _INCORPORATED
2035 CORTE_DEl_NOGAL,_#_160
CARLSBAD, CA., 92009
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
SAME AS ABOVE
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.
N/A
4. If any person identifid pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
N/A
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
U,
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards
Commissions, Committees and Council within the past twelve months?
Yes - No If yes, please indicate person(s)NiA
Person is defined U: 'Any individual, firm, copartnership, joint v.ntur., 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'
TE: Attach additional pages as necessary.)
Signature of Owner/date
DAVID A. JACINTO, VICE PRESIDENT
Print or type name of owner
SAME AS OWNER
Signature of applicant/date
SANE AS OWNER
Print or type name of applicant
FRM00013 8/90
so so
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: AVIARA, PLANNING AREA 7
APPLICANT NAME: BARRATT AMERICAN, INCORPORATED
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.
SEE ATTACHED
9" r, ,
SEP 2 9 1994
CtTY tW CAFJ
Rev. 4/91 ProjDesc.trm
so so
ATTACHMENT "A"
PROJECT DESCRIPTION/EXPLORATION
PROJECT BACKGROUND AND DESCRIPTION
The proposed project is a 53 dwelling unit Tentative Tract Map Revision and Condominium
Permit Revision located within the Aviara Master Plan, Planning Area 7 (PA-7) at the northwest
corner of the intersection of Alga Road and Ambrosia Lane in Local Facilities Management Zone
19. Planning Area 7 is divided by a 150 foot wide SDG&E utility easement which runs in a
northwest to southeast direction throughout the center of PA-7, therefore the project site is
divided into a west neighborhood and an east neighborhood. The proposed project site is within
the east neighborhood. The site has been pregraded consistent with the approved grading plans
for Phase I Aviara (CT 85-35). The site is surrounded by future multi-family residential (PA-17)
to the north, existing multi-family in Planning Area 5 to the south, a new elementary school to the
east and the west neighborhood of PA-7 to the west.
On March 19, 1991, the City Council approved CT 90-5/CP 90-2 for a 145 unit townhome
project on this site, City Council Resolution No. 91-38. A one year extension to this project was
approved by the City Council on April 20, 1993, City Council Resolution No. 93-71.
A final map has been recorded on the west neighborhood (Unit 1) to allow for the development of
78 units. The west neighborhood was processed under substantial conformance which allowed
the necessary changes to occur on the final map to accommodate the revised elevations and floor
plans proposed for the east neighborhood. The determination of substantial conformance was
made by the Planning and Engineering Departments.
The previously approved townhome project consisted of two story structures ranging in height
between 29.5 and 31 feet measured to the roof peak. There were three different plan types
ranging in size from 1,885 square feet to 2,200 square feet. The architecture of the approved
projects was Italian Classical, incorporating low pitched "S-tile" roofs, exposed rafter tails, light
colored stucco exteriors, decorative columns and balusters on balconies with recessed windows.
Both the west neighborhood and the east neighborhood were previously approved with separate
common active recreational facilities which included a pool, spa and cabana in the west
neighborhood and pool and rest room in the east neighborhood.
The proposed Tentative Map Revision and Condominium Permit Revision will make the following
modifications to the previously approved project:
A. Eliminate 14 units from the east neighborhood.
B. Substantially increase the amount of common recreational facilities.
C. Reduce the square footage of the approved townhome units.
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There will be no substantial change to the following:
A. Amount of grading.
B. Area to be graded.
C. The location of the streets, driveways and access points.
The proposed project is located on 7.33 acres of the east neighborhood. The overall density of
PA-7 is 4.8 du/ac which is below the site's maximum permitted density of 7.9 du/ac and below the
previously approved density of 5.3 du/acre.
The greatest change to the previously approved project is the elimination of 14 units from the east
neighborhood and replacing these units with additional recreational area facilities. The new
recreational area will be located east of and adjacent to the SDG&E utility easement.
The proposed amendment will also reduce the size of the dwelling units. The previous project
consisted of three two story floor plans ranging is size from 1,885 to 2,200 square feet in size.
The proposed revisions will provide four floor plans ranging in size from 1,213 to 1,707 square
feet in size. Similar to the previously approved project, all of the units will have two car garages.
The revised floor plans will also provide a single story unit and a two story unit with a strong
single story element. Although the size of the units has been reduced, the building footprint will
remain substantially the same as the previously approved project.
PROJECT COMPLIANCE WITH THE AVIARA MASTER PLAN DEVELOPMENT
STANDARDS
The proposed project is compliance with the Planning Area specific development standards of the
Aviara Master plan and the development standards of the Planned Development Ordinance. The
following specifically addresses the critical standards which must be met:
1. All structures are separated by a minimum of 15 feet.
2. All structures maintain a minimum setback of 50 feet from Alga Road.
3. All structures maintain a minimum setback of 25 feet from Ambrosia Lane.
4. All units maintain a minimum setback of 30 feet from the SDG&E easement.
Per section 21.46.120 of the Carlsbad Zoning Ordinance these building separations
and setbacks are measured to the structure, architectural features are permitted to
intrude up to a maximum of 2' into these separations and setbacks.
5. All structures are less than 35 feet in height.
6. All units provide for a garage of not less than 400 square feet.
7. Adequate guest parking is provided. Provided - 37 Required - 16.
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Each unit will include a minimum of 420 square feet of exclusive use rear yard area. In addition,
common active recreational facilities will include a pool, rest rooms, open play area, and a trail
system connecting all recreational facilities to the dwelling units. The recreational area will be
located on approximately 1.5 acres east of and adjacent to the SDG&E easement. Recreational
vehicle storage will be provided by the RV storage lot in Planning Area 23.
MASTER PLAN DESIGN CRITERIA
The proposed project complies with the Aviara Master Plan design criteria regarding site design,
open space preservation, landscaping, entry treatments, fencing, trails and noise mitigation.
Specifically, all structures are stepped down the hillside which provides for adequate separation of
units and views of the Aviara Golf Course and Batiquitos Lagoon. The proposed architectural
treatments provide the required relief necessary for interesting elevations. The proposed
landscaping and enhanced pavement treatments at the project entries create a visually desirable
neighborhood. The proposed site plan preserves the Master Plan delineated open space area.
GROWTH MANAGEMENT ORDINANCE
The project is located in Local Facilities Management Zone 19 in the southwest quadrant. The
previously approved project for PA-7 totaled 145 dwelling units. According to the staff report
prepared for the previously approved project on November 7, 1990, the previously approved
project was 95 dwelling units below that allowed by the Zone 19 LFMP. With the reduction of an
additional 14 dwelling units within PA-7, PA-7 is now proposed to be 102 dwelling units below
that which is allowed by the Zone 19 LFMP. All public utilities and service will be available to
serve the project.
MELLO I LOCAL COASTAL PROGRAM
Since the project is located within the Coastal Zone a Coastal Development Permit (CDP) is
required. As proposed, this project is consistent with all policies of the Mello I Local Coastal
Program as implemented through the Aviara Master Plan. Specifically, all portions of the
property which were placed under open space deed restrictions by the California Coastal
Commission are being preserved in open space.
NOISE POLICY - 17
Noise impacts and compliance with the City of Carlsbad's Noise Policy were addressed by a noise
study prepared for the previous project on this site. Since the proposed Tentative Tract
Amendment will not modify the previously proposed grading or the location of units the noise
mitigation required for the previously approved project will remain the same.
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so
ENVIRONMENTAL REVIEW
On August 30, 1990, the Planning Director determined that the previously proposed project will
not have a significant impact on the environment and therefore issued a Mitigated Negative
Declaration. The environmental analysis along with the previous field checks by staff identified
that because: (1) the project site has already been reviewed with the Aviara Master Plan EIR 83-
2(a); (2) the site has been previously rough graded; and (3) the project will not encroach into the
deed restricted Coastal Sage Scrub and oak grove located within PA-7, then the project has no
specific environmental impacts. However, mitigation measures (i.e. sound attenuation, wall and
mechanical ventilation as described in the acoustical analysis for PA-7) for traffic noise impacts
from Alga Road will be required to incorporated into the project design prior to the occupancy of
any project dwelling units. There was one letter of comment received during the public review for
the Mitigated Negative Declaration of the previously approved project. The Planning department
staff provided a response to the comment.
Since an environmental review was previously conducted, mitigation measures were incorporated
and the proposed project will have less environmental impacts than the previously approved
project, the applicant is requesting that the environmental review for this project be satisfied under
Prior Compliance per Section 19.04.160 of the Carlsbad Municipal Code.
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0 I,
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty
(50) day time restriction on Planning Commission processing.of Tentative
Maps and a thirty (30) day time limit for City Council action. These time
limits can only be extended by the mutual concurrence of the applicant
and the City. By accepting applications for Tentative Maps concurrently
with applications for other approvals which are prerequisites to the map;
i.e., Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time limits and
the thirty (30) day time limits are often exceeded. If you wish to have
your application processed concurrently, this agreement must be signed
by the applicant or his agent. If you choose not to sign the statement,
the City will not accept your application for the Tentative Map until all
prior necessary entitlements have been processed and approved.
The undersigned understands that the processing time required by the
City may exceed the time limits, therefore the undersigned agrees to extend
the time limits for Planning Commission and City Council action and fully
concurs with any extensions of time up to one year from the date the
application was accepted as complete to properly review all of the applications.
Signature Date
DAVID A. JACINTO - OWNER/APPLICANT
Name (Print) INCORPORATED
Relationship to Application
(Property Owner-Agent)
SEP 2 9 1994
OF CALAI
FORM: PLANNING 37. REVISED 3/80
PL1[G PT
C-0 0 .00
APPUCATION REQUIREMENTS FOR
TENTATIVE i1ACF MAPS (AND REVISIONS)
TENTATIVE PARCEL MAPS
CONDOMINIUM PERMITS
PLANNED DEVELOPMENT PERMITS (FOR RESIDENTIAL PROJECIS ONLY)
Ten (10) copies of the tentative map/condominium site plan prepared on a 24" x 36"
sheet(s) and folded into 81/2 x 11" size PQp1 of the tentative tract
map/condominium site plan shall be submitted by the appffcant upon request of the
project planner prior to project approval. Each tentative map shall contain the
following information:
L GENERAL INFORMATION:
A. Name and address of owner whose property is proposed to be subdivided_
and the name and address of the subdivider;
B. Name and address of registered civil engineer, licensed surveyor, landscape
architect or land planner who prepared the maps;
1 C. North arrow; '
El
D. Scale; vicinity map; SEP 2 9 1994
L E Date of preparation/revisions,
/
F. Classification of lots as to intended residential, commercial, industrial or
other uses;
5) G, Tentative Map number in upper right hand corner (City to provide number
at time of application).
04'13 H. Number of units to be constructed when a condominium or community
apartment project is involved; Total number of lots proposed.
district to the Name of sewer and water providing service project. [21 I.
0' '-ili J. Average Daily Traffic generated by the project broken down by separate
FRM003 10/92 Page 1 of 8
it
(0)LocAwz., --f f'?J4#A 2)
(cc.i
3)
2/
4)
5)
••
Name of School District providing service to the project
PA 7 fuOC ed L. Proposed density in lots or dwelling units per acre.
Zd )ropoiOJ ta1 oJ rid
M. Existing Zone and General Plan Designation.
N. Site acreage.
IL SITE INFORMATION:
A. General
I
1) Approximate location of existing and proposed building and
permanent structures;
C
Location of all major vegetation, showing size and type;
Location of railroads;
Legal description of the exterior boundaries of the subdivision
(approximate bearings, distances and curve data);
V
I
8
co, ~
'1
Lot lines and approximate dimensions and number of each lot;
6) Lot area for each proposed lot
7) Setback dimensions for the required front, rear and side yard
setbacks for all structures;
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.
9) Show site details for all recreation lots or areas (when applicable).
10) Total building coverage for lots with proposed structures.
B. Streets and Utilities
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. (Especially Policy
Numbers land 22)
2) Name, location and width of existing adjacent streets and alleys.
FRM003 10/92 Page 2of8
.. ... D 3) Typical street section for all adjacent streets and streets within the
project.
[21" 4) Width and location of all existing or proposed public or private
easements.
[2Y 5) Public. and private streets and utilities clearly identified.
6) Show distance between all intersections and medium and high use
driveways.
7) Clearly show and isle(9ns and truck turning
radii for all parking areas.
8) Show access points to adjacent undeveloped lands.
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.
Show all within of the site. 10) fire hydrants located 300 feet
C. Grading and Drainage
Ell/ 1' intervals for less than 5%, 2' 1) Approximate contours at slopes
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.
21 2) Earthwork volumes: cut fill, import and export
13 3) Spot elevations at the corners of each pad.
0" 4) Method of draining each lot. Include a typical cross section taken
parallel to the frontage for lots with less than standard frontage.
[21" 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
0/
basins.
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.
El" 2. One (1) copy of 8 1/20 x 11 reduced site plan and building elevations.
FR.M003 10/92 Page 3 of 8
.• ..
3. One (1) copy of 8 1/2' X 11" location map (suggested scale 200' - vicinity maps on
the site plan are not acceptable).
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.
Public Facility Agreement: Two (2) copies: One (1) notarized original and one(1)
reproduced copy. (Separate fee required).
Disclosure Statement. (Not required for tentative parcel maps.)
7. Property Owners' List and Addressed Labels
SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER
WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP. iWO
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 names and addresses of all property owners within a 600 foot
radius of subject property (including the applicant and/or owner) except for all
Tentative Parcel Maps which shall submit a list utilizing a 300 foot radius pursuant to
Section 20.24.115 of Title 20. 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 subject property except for Tentative Parcel Maps which shall utilize a 300 foot
radius. For any address other than single family residence, apartment or suite number
must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS.
8. 600 Foot Radius Map (300 foot radius for Tentative Parcel Maps)
A map to scale not less than 1' = 200' showing each lot within 600 feet of the
xrear boundaries of the subject property. Each of these lots shall be consecutively
nimtted and correspond with the property owner's list. The scale of the map may
be iced to a scale acceptable to the Planning Director if the required scale is
impractical. For Tentative Parcel Maps, a map to scale onan8l/2xll inch sheet,
showing each lot within 300 feet of the exterior boundaries of the subject project.
Preliminary Hydrology map and calculations for lots exceeding one acre. Show
before and after discharges to each including drainage basin.
21 4.
6.
FRM003 10/92 Page 4 of 8
1/00 ..
10. Three (3) copies of the Preliminary Title Report (current within the last six (6)
monthà).
11. Proof of availability of sewer if located in the Leucadia County Water District or the - Vallecitos Water District
D\/j2. School District letter indicating that school facilities will be available to the project.
13. 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 Noon eight (8) days prior to the Planning Commission
meeting. Do not mount exhibits.
C)'43 14. Statement of agreement to waive tentative subdivision map time limits. Required
• for tentative maps only when project requires concurrent processing of planning
application, or environmental review.
15. Constraints Map At the same scale as other exhibit (Le., 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.
O (1) Major ridge lines
O (2) Distant views
O (3) Internal views
O (4) Riparian or woodlands
Cl (5) Intermittent drainage course
O (6) 25 - 40% slopes
O (7) Slopes 40% and above
o (8) Major rock outcroppings
o (9) Easements
o (10) Floodplains
O (11) Archaeological sites
O (12) Special planning areas - type of special planning area
FRM003 10/92 Page 5 of 8
0 (13) BioloWal Habitats. Indicate the location of coastal sage scrub and chaparral
P1 ant communities existing on the site
0 (14) Beaches
0 (15) Permanent bodies of water
0 (16) Wetlands
0 (17) Land subject to major power transmission easements
0 (18) Railroad track beds.
16. All projects must evaluate their potential impacts on the regional transportation 9p~
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 ar 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:
a) 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.
b) Project traffic generation rates and traffic assignment.
c) Necessaxy calculations and/or analysis to determine intersection and road
segment levels of service.
d) Any proposed mitigation requirements to maintain the public facility
standards.
e) 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 gL 200 or
more peak-hour vehicle trips, including large projects that may have already been
reviewed under CEQA but require additional local discretionary actions, is defined
as a 'large 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.
FRM003 10/92 Page 6 of 8
S. S. 17. Noise Study consistent with the Planning Department Administrative Policy No. 17
when applicable. (See Policy #17).
CYOPr 18. Two copies of preliminary soils/geologic report for all project with cut or fill depths
exceeding 5 feet.
O Aft-19. For all condominium conversions, a signed statement by the owner stating Section
66427.1 of the State Map Act will be complied with.
D 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.
D//k21. For all condominium conversions, one copy of a compliance inspection performed
by the Building Department. (Separate fee required.)
0/22. For all condominium and planned development projects, ten (10) copies of a
preliminary landscape plan (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.Flfteen (S copies of the
landscape plans shall be submitted by the applicant upon request of °he project
planner prior to approval of the project. The scale should be consistent with all
All other exhibits.
r - a £AA- SC)&1E ceMek+
Each landscape plan shall include the following information:
/?o
Ob.
SroLH\ (3'
6
Od-
Landscape zones per the City of Carlsbad Landscat,e Mangal.
Typical plant specie quanti f each species, and theiz()for each
planting zone in a legen (Use symbols).
An estimate of the yearly amount of irrigation (supplemental) water required
to maintain each zone.
Landscape maintenance responsibility (private or common) for all areas.
Percent of site used for landscaping.
Water Conservation Plan.
For all condominium and planned development projects, ten (10) copies of the
building elevations and floor pis (four (4) copies for projects with 4 or fewer
m1ts) ona24x36" sheet(s) folded to 8 1/2 xli" size. I of the
building elevations and floor plans shall be submitted by the apphcant upon request
of the project planner prior to project approval. Each building elevation and floor
plan shall include the following information:
Floor plans with square footage included.
/b. Location and size of storage areas.
FRM003 10/92 Page 7 of 8
All b4^., structures, walls and/or fences, "stand exterior lights.
/dL
7e.
Include a scale on all floor plans and building elevations.
Indicate on all building elevations, compliance with Carlsbad Height
Ordinance 21.04.065.
SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF APPLICABLE
(SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF SMALL LOTS, AS
ATTACHED.)
25. Photographs of the property taken from the north, south, east and west.
26. Construction materials board and color samples (i.e., roofing, exterior walls,
pavement, g'ass, wood etc.)
i)41a04 to A jj1c1.
27. 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.
28. "Notice Signed of Time Limits on Discretionary Application?.
Completed "Project Description/Explanation" sheet.
El" 30. Deposit for Publication Notices - See Fee Schedule for amount.
FR.M003 10/92 Page 8 of 8
is .. ..
C ity of CarI
DISCLOSURE STATEMENT
bad
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE CrTV COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE
ease P'rfl
The following information must be disclosed:
Applicant
List the names and addresses of all persons having a financial interest in the application.
Owner -
List the names and addresses of all persons having any ownership interest in the property involved.
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersrlp
interest in the partnership.
If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names an
addresses of any person serving as officer or director of the non-profit orqpnization or as trustee or beneficlar
ofthstrust.
p
FRM13 4/91 Page lof2
2075 Las Palmas Dr$v• • Carlsbad. California 92009-4869 • (619) 438-1161
2
3.
4.
••
..
(Over)
Disclosure Statement
Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards.
Commissions; Committees and Council within the past twelve months?
Yes - No - If yes, please indicate person(s)_________________________________________
Person is defined as: 'Any individual. firm, cepittnirihip, joint vsnture. Miociatien, social club, fraternal organization, corporation, estate, trust.
receiver, syndicate, this and any other county, city and county, city municipality, district or ottIr political subdivision, or any other group or
combination acting as a unit'
(NOTE: Attach additional pages as necessary.)
Signature at Owner/date Signature of applicatttldate
Print or type name of OWflI( Print or type name of applicant
FRM 13 4/91
Page 2of2
0
•O I.
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: -
APPLICANT NAME:
Please describe fully the proposed project. Include any details necessary to adecuate!y
explain the scope and/or operation of the proposed project. You may aIso.rncR.e any
background information and supporting statements regarding the reasons fcr, :r
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation.
•v. 41 .
ProO..c.frm
•• I.
City Engineer
CITY OF CARLSBAD.
2075 Las Palmas Dr.
Carlsbad, CA 92009-4859
PROPOSED MINOR SUBDIVISION NO.____________
(We), the undersigned owner(s), do hereby state that I (we) have read Section 66427.1 of the
Subdivision Map Act and I (we) will make the notifications to the tenants required therein.
DATE OWNER
DATE OWNER
66427.1 Establishes requirements for notice to tenants and right of tenants to
exclusive contract for purchase in condominium, community apartment
or stock cooperative projects.
The legislative body shall not approve a final map for a subdivision to be created from the
conversion of residential real property into a condominium project, a community apartment project, or a
stock cooperative project unless it finds all at the following: -
(a) Each at the tenants of the proposed condominium, community apartment project or stock
cooperative project has received, pursuant to Section 6645Z9, written notification at intention to convert
at least 60 days prior to the filing at a tentative map pursuant to Section 66452. There shall be a further
finding that each such tenant, an each person applying for the rental at a unit in such residential real
property, has, or will have, received all applicable notices and rights now or hereafter required by this
chapter or Chapter 3 (commencing with Section 64451). In addition, a finding shall be made that each
tenant has received 10 days written notification that an application for a public report will be, or has been,
submitted to the Department at Real Estate, and that such report will be available on request The written
notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the
legal requirements for service by mail.
(b) Each of the tenants at the proposed condominium, community apartment project,orstock
cooperative project has been, or will be, given written notification within 10 days of approval of a final map
for the proposed conversion.
(C) Each at the tenants at the proposed condominium, community apartment project, or stock
cooperative project has been or will be, given 180 days written notice at intention to convert prior to the
termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision
shall not alter ov abridge the rights or obligations of the parties in performance at their covenants;
including, but not Inited to, the provision of services, payments of rent or the obligations Imposed by
SectIons 1941, 1*41.1, aid 1941.2 of the Civil Code.
(d) Each of the tenarls of the proposed condominium, community 'apartment project, or stock
cooperative project has been or will be, given notice at an exclusive right to contract for the purchase of
his or her respective unit upon the same terms and conditions that such unit will be initially offered to the
general public or terms more favorable to the tenant. The right shall run for a period of not less than 90
days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the
Business and Professions Code, unless the tenant gives prior written notice of his or her Intention not to
exercise the right
(a) This section shall not diminish, Umit or expand, other than as provided herein, the authority
of any city, county, or city and county to approve or disapprove condominium projects.
[Amended, Chapter 1128, Statutes of I 980J
•• •1
STATEMENT OF AGREEMENT
TENTATIVE PARCEL MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time
restriction on Engineering Department processing. This time limit can only be extended
by the mutual concurrence of the Applicant and the City. By accepting applications for
Tentative Parcel maps concurrently with applications for other approvals which are
prerequisites to the Map (i.e., Environmental Assessment, Environmental Impact Report,
Condominium Plan, Planned Unit Development, etc.), the fifty (50) day time limits are often
exceeded. If you wish to have your application processed concurrently, this agreement
must be signed by the Applicant or his agent. If you choose not to sign the statement,
the City will not accept your application for the Tentative Parcel Map until all prior
necessary entitlements have been processed and approved.
The Undersigned understands that the processing time required by the City may exceed
the time limits; therefore, the Undersigned agrees to extend the time limits for City
Engineer action and fully concurs with any extensions of time up to one (1) year from the
date the application was accepted as complete to properly review all of the applications.
SIGNATURE
DATE
NAME (PLEASE PRINT) RELATIONSHIP TO APPLICATION
(PROPERTY OWNER/AGENT)
QUALITY
ORIGINAL (S)
•• .1
POLICY NO. 20
EFFECTIVE DATE: 9'5/89
PLANNING OEPATENT
CMINtSTRATIVE POLICY
• CvElG
:'s:rative Policy No. Ii made. the standard provision For
s:aces to flave a minimal paved area of 8-1/2' x 17-1/2' with z•u'z'
:acnt 1 ansca;ed area. The widespread aplicaticri of this ooicJ
a ;neral deterioration of landscaped setback areas in os t ;roe:: .
the following policy snail be applied:
o ;arking overhang will be allowed into any required setback area.
2. aring overnang will be allowed only in special. specific s:tuations s
':ewed and approved by the Planning Director on a case oj case oasis.
3. no case shall parking overhang be allowed for compact car spaces.
3 iinistrative policy reoeals Administrative Policy 9. 11.
-'--I",-
L 'It C HAEL ZM IL
Planning Cirector
• 1JH:EMM/lh
•• S. Ecctiv0 Date 3
PL\NNIG DEPARt MENT
ADM1N15yR4.VIlVE POLICY
E' Ell(
- \.S-•. S -- - - .( jr,, - ..- -
:'•: ..;:1
1 A '.itt .sncd to cesst inc ateri in:: - - - -
Uacri.s 5ubstnuativ cual to the hetcnt a tc - T -
c the Z'ne Code and other 3pplicuIc sc:cns
.c sil te nt'rc.i mean retaining 'halls in addition to scud
• . An 'rcr Iciec not to QxQccd '(i in hccht. The said
ot ' nica the 1c.,icc is constructed must not rc'rcccni. :css taa
') erit QC the toial surface of each Live 1001 linear section -, hen
'crrr.rdic.iLir to (hc acc af the fence.
F1 r teint hiht ci ail '.iils. terices. retaining walls. rind combination :crice. rctairnng
..iUs ri a rcuired setback shall not exceed the following limits:
A. In .1 r:utrcd Iront :.rird sctback. the total height shalt not cc:-.;J - -.- --
ExamFiC T'.o 2 inch retaining wills would not be permitted ncr a
r.--imina wail and another 42 inch fence).
B. In 1 rc1uircJ side arid rear yard sthtck. ihc total hoihi Sil,111 nit cc
6 icet. (E.wmpie A 4 1t. retaining wall and a 5 ft. fence w(-,uid riot e
permitted because the total exceeds 6 It).
C. Upon approval of the Planning Director. the total hcight shall not exceod
6 fect in a rcquircd strcet side yard. Otherwise, the total height shall not
exccd 42 inchcs in a street side yard. (This ineludcs all ct,mhinitions of
cnes and retaining walls).
0. A 36 inch safety railing is rcquircd on top of all rctaining walk that xceU
a hcigtn of 3 feet. The maximum height of the railing shall he 36 inches and
must eunturin to Lhc dctinitiun oC a safety railing.
APPROVED BY:
MICHAEL!. ROLZMLLER
FiLinning Director
JC:ai
••
Policy No.: 23
Effective Date: 5'25 90
PLANNING DEPARTMENT
ADMINISTRATIVE POLICY
200 5are Foot Open Sace in ?Ds
Lntil the PD Ordinance is revised, Section 21.45.090(g)(1), regarding the cpen space
requirement of 200 square feet per unit, shall be calculated as follows:
1. Rocf decks can be counted towards satisfying this requirement.
2. Private yards with a minimum dimension of 15 feet can be counted toward the open
space requirement.
3. Patios and balconies can be counted toward meeting the 200 sq. ft. requirement as
a private passive area.
4. If a detached single family project is 4 units or less, and the lots are less than 7.300
square feet, and private yards of 15' x 15' are provided, a common active recreation
area does not need to be provided, however common passive recreation area must
be provided.
5. Where common active and private passive recreation areas are required, then 50%
of the total recreation area shall be provided as a common active area.
APPROVED BY:
MICHAEL J."MEZM=R
Planning Director
BK: kd
Po!.23
EFFECTZVE
2 4
PLANNING DE PkRTXZN?
ADMINISTRAT173 POLICY
DRIVW
:e fcLL:wirtg administrative policy shall become effect.','
-edately. Hcever, it shall only apply to applications deee
cie.te on or after the effective date. Additionally, it si
c:Ly to previously approved projects that seek an amendment f tne
-application for said amendment is deemed complete on or foLLg
:e effective date of this policy.
Section 21.45.090 of the Planned Development Ordinance presently
crttains standards which distinguish between a driveway and
Street. However, no definition describing the difference between
a street and a driveway is provided. Until the Ordinance s
amended and a more formal definition is prepared, the following
definition of a. driveway shall be used:
DRIVEWAY Provides access from a public or private street to
parking spaces, garage(s) or similar structures. The purpose of a
driveway is not to provide for vehicular through traffic between
properties or projects or to provide the required street frontage
for individual, lots.
Driveway for the purpose of implementing Section 21.45.00
(Carlsbad Municipal Code) and serving more than one dwelling
is defined as having a minimum pavement width of 30 feet curb to
curb and having access to a maximum of twelve (12) dwelling units.
All units having direct and/or indirect access to a loop driveway
shall be counted toward the maximum 12 dwelling units. For
driveways that do not exceed 30 feet in width, guest parking per
21.45.090 would have to be "dispersed" in bays along the entire
length of the driveway. "Dispersed" shall be interpreted to mean
that the guest parking space shall be no more than 100 feet
measured in a logical walking path from the entrance of the unit it
could be considered to serve. In projects that have single loaded
driveways, the driveway can be increased to a maximum of 32 feet to
allow parking an the side away from the structures. Guest parking
on driveways shall be supplied proportionally along the driveway to
the nuabow of units served on the driveway.
If 12 or asxs dwelling units are contained in a single structure,
it shall be considered to be served by a driveway for setback
purposes if that driveway is primarily for providing access to
parking spaces, garage(s), or similar-structure(s).
APPROVED BY:
MICHAEL J.
Planning Director
ar
". t O'
COUNCIL PCCy STATE-KENT
General. Subject: SMALL LOT SINGLE FAMILY HOMES
Specific Subject:
ESTABLISHING GUIDEUNES FOR THE
DEVELOPMENT OF SMALL. LOTS
-
Date iss u ed
Eff ec tive Date -
Ca ncellation Date
Sucersedes
Cpies tO: CIy Council, City Manager, City Attorney, Depart.riene and Division Heads. E1v.e Bulletin
EEEQS
To provide guidelines to encourage the quality development of small-lot (less than 7500 s ;
single family projects. The intent of the guidelines is to ensure that units have tuiIing
articulation on all four sides and will not appear as 4roW housing. They are primarily designed
to apply to projects where there is a predominance of two-story units.
POLICY
Guidelines for Small-Lot SinI• Family Projects
1. In projects where there are three 2 story units in a row situated less than 15 hit apart,
at least ono of the three units shall have a single story building edge. The depth of the
single-story edge shall not be less than 10' and shall run the length of the building pad.
The roof covering the single story element -shall be substantially lower than the roof for
the 2 story element to the unit (this is not intended to preclude long shed-type roofs
falling to a single-story element).
2. In projects where there are three 2 story units in a row situated between 15 and 20 feet
apart, at least one of the three units shall have a single story building edge with a
depth of not less than 5 feet running the length of the building pad. The roof of the
single story element shall be substantially lower than the roof for the two story element
of the building (this is not intended to preclude long shed-type roofs falling to a single-
story element). -
3. On a project basis, thIrty-three percent (33%) of all units shall have a single story edge
for forty pscsr* (40%) of the perimeter of the building. For the purpose of this
gu4cieIs I'll single story edge shalt be a minimum depth of three feet (3'). The units
quallig under thi 33% shall be distributed throughout the project The main purpose
of 20 ViAdelline is to ensure some budding relief on the front and sides of each unit.
4. For at least 50% of the units in a project, theró shall be at least three separate building
planes on street side elevations of lots with 45 feet of frontage or less. and fdur
separate building planes on street side elevations of lots with a frontage greater than
45 feet. The minimum offset In planes shall be 18 inches and shall include but net be
limited to budding walls, windows and roofs. The minimum depth between the laces
of the forward-most plane and the rear plane on the front elevation shall be 10 feet and
a plane must be a minimum of 30 sq. ft. to receive credit under this section.
40 CF CA3A
C:L:NCA'L POLICY STATEMENT
General Subject:
Secifjc Subject:
--
Cate Issued : :2
.ffetjve Cat,
...Cancellation Cate
Suoersedeg No.
C:eS t: City Cncil, City Manager, City Attorney, Ceartment and
Division Heads, Employee Bulletin Boards, Press, File
5, Pear elevations shall adhere to the same criteria outlined in number 4 above I.cr 'rr't
elevations except that the minimum depth between front and back planes on tre rear
elevation shall be 3 feet.
S. At least 50% of the units in a project shall have one side elevation where there are
sufficient offsets or cutouts so that the side yard setback averages a minimum of 7
feet.
7. Projects with an av.rage lot size of 5,000 sq. ft. or less shall limit the number of units
with three car garages to 75% of the plans in the project Prôect units with three car
garages shall be a mix of two door garages, three door garages, and offset (2 planes
mm. 12") two door garages.
8. Fifty percent (50%) of exterior openings (doors/windows) shall be recessed or projected
a minimum of 20 and shall be with wood or colored aluminum window frames (no mill
finishes).
9. The predominant roof framing for each floor plan in a project shall exhibit directional
variety to the other floor plans and to the street.
Notes: a) For the purpose of theee guidelines a single story element shall
be defined as a plate line maximum of 12 feet (10 feet preferred).
b) In addition, when a percentage of units is described in the
guidelines the intent is to have that percentage spread throughout
the entire project.
c) In a row" shall include curves and shall terminate at a 90 degree
stret Intersection.
$
$
GRAPHIC ILLUSTRATIONS
STREET SCENE/ALL TWO STORIES
STREET SCENE/WITHIN DESIGN GUIDELINES
GuiDELINE IC,
K ,
TANDARD 3 FEET MINIMUM
2-STORY BOX SINGLE STORY ELEMENT
tt
rAw
&1IHEIJNE '
ell 3
t
LOT WIDTH LOT WIbTE
45 FEET OR LESS GREATER THAN
45 FEET
IF TiflhiiJiNE'4 , 5
4-UI'de1.'1
I.
r
7 FEET AVERAGE
6 LN-,'-~J)E L ..
----- .I----. - -. .-. - - - -. -- - .------ -. - --
2 DOOR , 3 DOOR 2 DOOR, OFFSET:
• -_--- __ II1ELFNE 7
ROOF LINEVARIATION
01111 FUNE ft
..
I. .
JAM
ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY
PDB8•4&8OA 8I11I6,
poourr poocr 2 p0 DUCT ppou I
MINIIUM
'ILLA
V:L.AGS ILLACS
GUIDEUIIE sip.:oO I. it, O Q.F N.G ILK. :.c [ ).E.F
- . WWCP.E (I) T.O-STORY UNITS OCCUR ctD11C. I''Ii sUDE) :'l ro
IN A NOW AND THEY ARE SITUATED cT rivt p"uc-rs. occ-
S5 THAN IS FEET AlAN?. AT 1 OF 3 1 OF 3 2 OF 3 2 OF 3 2 OF 4 3 OF 3 cO,PLIi.S 141111 s,:Dos.
LEAST (I) UNIT MUST HAVE A
SINGLE STORY ROILDINC (DCC 1401
LESS THAN tO FEET IN DEPTH.
I. WHERE (I) TWO-STORY UNITS OCCUR ALL PPODUCT WIP.L DESIGNED o I
3$ A POW AltO THEY ARE SITUATED ITlt GUII)11.IUE 1. IN PUtT HE o;E
13 TO 20 FEET APART. AT LEAST 1 OF 3 NA NA NA NA STORY ELL?it?tT !II PP'3DUCTS ONE TNPOCGJI
(I) UNIT MUST HAVE A SINGLE 1YVE HAS A HIIIINUM DEPTH or 10 FEET
STORY BUILDING EDGE NOT 'LY ALSO COMPLY WITH GUIt!LIIIE 2.
THAN 3 FEET IN DEPTH.
- 3. PER PROJECT, 33% 01 ALL UNITS 1 ).C!EflTUG ri,'Irmt STkt;?D VI ALL
SHALL NAVE A SINGLE STORY EDGE rp,( PRODUCTS.
A NININUH or 40% 01 THE TOTAL 331'0 35% 45% 100% 45% 45% .
PERIMETER.
4. PER PROJECT, sot or ALL UNITS Willi ixrrU)luc PilNIflUN STAIIDPtPI) IN ALL
A 1.0? FRONTAGE GREATER THAN 45 50 I 85% O/O nro, 0J/O , o, IUU/o o 7OI lyE I'ROOIliS.
FEET MUST HAVE (4) SEPARATE
BUILDING PLANES ON TIlE FRONT
ELEVATION.
S. PER PROJECT, sot or ALL UNITS WillS '(I En!lH. Iiiihiihj' •••;flS•,5) 1'S ALL
A WI FRONTAGE GREATER THAN 45
50% 85% 85% 85% 100% 70%
lvi: rSSoI)urr.
FEET MUST HAVE 4 ) SEPARATE
PUJ WING PLANES 0$ TIlE STREET SIDE
ELEVATION. S. PER PROJECT, 30% OF ALL UNITS SHALL EXcEr.Dl,u; HIII1IIUII TANDAPfl ill ALL
HAVE ONE SIDE ELEVATION WITII A 7
FEET AVERAGE SIOEYARD SETDACK.
.
500t') 100% 85°I 100% 100% 100%
rivi: vpoil.:.
1. THREE-CAR GARAGES LINITFO TO ist or 111E ?iVI P..I I'll SIlL :ii ALL I !VE
THE TOTAL 99I7S WHERE AVEPAI.E tJ)T IP'H*Uh': I l I''s .I.tr; 1 ": l'Iu!rhP:'
SIZE IS 3,000 SF or tEss. 75°(, 1000A 1000/10 100% 100% 100% '..who '.' iiu'" i:
THREE-CAR GARAGES SHALl. INCORPORATE i1'Il'I lii •.hii I.!; ? IS I: 'l•
A NIX11JS1E OF 7 rx)OR. 1 0(1011, ?.IUt) \;I''I' ..................I.I. •
OFFSET 7 DOOR I)ESICSIS.
0 50% OF FXTF'IOR IX)OIt AND WISILsIW
•)Pf Ip:G'; S .S.I. 155 P,SOJICT!l) U
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TYPICAL BUILDING ELEVATIONS
10 'T "IN
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PLAN LPLAN 2
STREET PROFILE
MINIMUM CRITERIA COMPLIANCE
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TYPIC,-tL BUILDING ELEVATIONS
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MINIMUM CRITERIA COMPLIANCE
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PLAN 1 (151 NIX) PLAN 2 (201 MIX)
TYPICAL-BUILDING ELEVATIONS
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STREET PROFILE
MINIMUM CRITERIA COMPLIANCE
STOP? ELE3E.4T r l
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TYPICAL BUILDING ELEVATIONS
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P.LAN3 (20% MIX) PLAN 4 (25% MIX)
TYPICAL BUILDING ELEVATIONS
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PLAN 1 (151 MIX) PLAN 2 (20% MIX)
TOTAL PEBI:IETER 217 FT. TOTA:, ?ER IMETER = 183 FT
ONE STORY - 211 FT. (100%) ONE STORY 94 FT. (51%)
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PLAI 3 (30% MIX)
TOTAL ?71:'~ETER 202
ONE STORY 58 FT. 29 11)
PLAN 4 (351 MIX)
TOTA. ?ERIt4ETE 190fT.
ONE STORY = 13T. ()
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SINGLE STORY BUILDING PERIMETER
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PLAN I (151 MIX)
TOlAL PERIMETER = 215 FT
I STORY 215 FT. (100%)
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PLAN 2 (201 MIX) PLAN 3 (30% MIX) PLAN 4. 1)!)% MIX)
TOTAL PERIMETER = 191 FT. TOTAL ?ERIIIETER = 208 FT. TOTAL PRIMF.T!:R = 211 r'.
1 STORY = 49 FT. 12411 1 STORY 112 FT. (54%) 1 STORY = 65 FT. 131191
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SINGLE STORY BUILDING PERIMETER
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