Loading...
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 - \ < I "HL/QAAt - 5.V.c _'fZII 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 qlzlllf cr( 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 $2,050,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 9, 1994 AS FILE NO. 1994-0485190 OF OFFICIAL RECORDS. DATED: AUGUST 9, 1994 TRUSTOR: BARRATT AMERICAN INCORPORATED TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: WNH AVIARA PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP PAGE 12 -. . .• PORN NO. 1402.92 (10/17/92) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS •• ORDER NO. 1082336-15 EXHIBIT "1 LOTS 92 AND 93 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONOUS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF TE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUB-SURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY AS RESERVED IN GRANT DEED RECORDED AUGUST 17, 1989 AS FILE NO. 89-440103 OF OFFICIAL RECORDS. PAGE 13 - -- -. -: . :;: - . . -. •• —. - --c-- —;_ or .cw 433-iS 33$ c f . • - - _- N '-4.i - 4 S. _ - .•.. .. . - •,. ,, J'V'gpv2S P7 .1117M t At R - DC: Cl \\t • ,• • . •,, s • r •;.. M"-' '\ •>'.' __________________ • . . lop or. 7 E . -Ln - . • .u,,., J ••• . :.. < .00 Celt 93 • 1 it\\ • tt • . Cr rr. :CO. , , i ..••• •• • p •O( (CP •C,'J 1 I O' rr'P O.t Pi NI U v .' tJO *&i •..k v i 4 • ••\ .\ • - •.-c 1 •w ca : J --• )" - . ' I • — . " ,' •-,<'' . . . ' ., • I •' -' ' -LIX. so, - \\\,4al ) .9, - ,, I ItV Tel- If It Ow A •tp?, -.--.-•--- . Ck .•- - - •. '•\ • ., % ell G66 iLLOf .S dO •('f / '-.• • - I . tF • e:.i t 3 04 .2G7 j Y••W.% L-.J 1 • — __ •. £. of £d'j Of JItff/1 S71/V/J VIA V V)'J7) . . r ,, J- VdJ C'-dg 78fr DL/ J :.r. . .•. -: -' TI • __•_'___• - _ -_•_e_;r_---- ._.- ----- - - 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. DR:kk msword\k:\0294\a16.doc wo 0294-115 9129/94 so 00 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. DR:kk msword\k:\0294\a16.doc wo 0294-115 9/29/94 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. DR:kk msword\k:\0294\a16.doc wo 0294-115 9/29/94 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. DR:kk msword\k:\0294\a16.doc wo 0294-115 9/29/94 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 l'h CI 5.;o liii SHIN •'i i i iL iii 100% 100 ' 100% 10011; 100 , V . ' ,••T 1 wv .t,• ,,•.,I.. . I..... ................... S • . . it of t5u1:,, • . •. wit's • d•pt. :1 - • •3.f• • t.t •• I uttet Ufl:ts. °,a s.,.: . • . . . . .t,n...e . 1k. tn.t It?,:b '. .I.I- p. tools I. S %iItJttttil *!ti#tSt) • hi lit. I,,., ..0 ii • .i 00"(W.: 3:41 • ., , .....................,, ......I liii 1111,1 I I ;., 11.1 l•ll. ..ItH ....... PI U..l.. 311W if ; ui.Ipt :10 us. S1Jtt .'ltUI Sit 3.1 I,.. I I I I'tt' •. ill I•I It 311 . Mt lilt t.tWML (C?tPi.I ISMI Old ." it, I.. • - N. Z1Jft*i1i i':•L U Ij)i;: 101' MIII PLAN 1 (151 MIX) PLAN 2 (201 11X) TYPICAL BUILDING ELEVATIONS 10 'T "IN -S- -- PLAN 3 (301 MIX) 1 tJ PLAN 4 (35% MIX) PLAN LPLAN 2 STREET PROFILE MINIMUM CRITERIA COMPLIANCE -;Li'.1J3Jr..A JLkL 1 STORY ELEMENT p vi[u1(iY ,, VILLAGES M,N.O , Go Ii \Ai -...... Id 4. 4'. . PLAN 2 -- • . I...: ott a.., .• ... - . - •_. . It .t%% 1,,l, .1 (cIt .., .,. .t..pI. . .. .. ,: It.I a• t. t?. snat On;,. • . .. .0 ;• .1I .-.i o It 11 •;, - - -. .. ___________________ I ''t!0II .I,I1 . III I III Pt., t'•,l.*OW PP t( a OttSP.TfS IlL lUlt. If .11 .0 ln: 1111l11, .. ,PI .01(1. WSN uIuLLIP•s 0'.I I:IIllII0 PhIlIPS lPIlISII,l . IthuStPSttU O'l I1PLCT .00AL CO?IP1. I SNI 1. - -. . I •. - . . --. P1 PLAN 2 (201 MIX) PLAI 3 1301 MIX) PLAN 4 I 11 :IIX) tO I.-. Pill,. a' LII 1 STOP.Y CLEMENT r 00 ? VILLAGES Op r \'it 1iiA(c, — .. - _...-. -. - — ... . .......- •1. U L iilJJflI izII1IIIIIi? PLAN 1 (IS% MIX) TYPIC,-tL BUILDING ELEVATIONS STREET PROFILE MINIMUM CRITERIA COMPLIANCE - I PLAN 1 (151 NIX) PLAN 2 (201 MIX) TYPICAL-BUILDING ELEVATIONS 1 i PLAN 3 1301 1IIXI LJ PLAN 4 (3S% MIX) - —- I. ....I ;.., ..................... S •,? t!t. a . .. t.,l •. I II N I ..............a ....... • v.1.9. U .t'. S tiallyl I.e IT cli I .,.., ,., .ri S 95 ft •. a ..! t.. UI?., an.:t.. C IS t*•l • •ip'f 'IUij Sty -.,,: .iaII t.. ;o.., t'an -'. . .- •!...nT :. :':s IUI5 •,. fl•It •..v,,,.,I .. P15. I.d. I 9 Ci.rJ-typ. Is.?. 'aLtrs I. • Sl,lJI..sIoat •t.n.i,tp IllS UliflIITIIII. A'Ill '.iPIi l.I'.i IT'll. .II)fl 591.0w ,rc.,s,p..Is IS SWill: C'S I' . -WI'. ii "I". 'i'iPI 9551 C WI1N lJlSLi.jNt I •ii TIIi,i.IUW IliliWiP. lIMits;,, . IIII.'.IUAils 01 I 15111 lit WillIS ..... I •Ii. 'lit I 'I ."I 1. WICLIIT I.tUAt (UMPI tAINt lxi IL- L:.1i 1 STORY ELEMENT JO ni NIH. PLAN 2 PLAN STREET PROFILE MINIMUM CRITERIA COMPLIANCE _1 STORY ELEMENT r', _ All - VILLAGES H.G - 6A - /Lhj J ½hID) I PLAN 1 (iSS MIX) PLAN 2 (20% MIX) .1 • 1 I 10 the IINI II .o .1.Sot.J 0 I .0 I'. I.—.1 'I'ed-lipst guols 0t1&,..j 10 • •in.I.to: •!.3.IS) I.rI.LL.IO'I LII rPI,i II ..009 10 .'IU SI. 11110W I . •.IPI1110(C Will GUgNILIlIC I •.r. .,•UIIu., (11111111 lIl.IrI.IML( . ;LLUSIPSTE. CII STPCIT IILIJU .11 s:lkt. ..ITL £' II lUlL •IILICT 11c:UAL CCIIP1l.N11 PLAN 3 130% MIX) PLAN 4 ( iSi MIX) STREET PROFILE MINIMUM CRITERIA COMPLIANCE STOP? ELE3E.4T r l PLAA Thy\,S VILLAGES B.K,I,C TYPICAL BUILDING ELEVATIONS 10 IT. PUN. I STORY ELEMENT. i TL -'.---- I ---- 3\ 'fVEE\ iUI J Li1i3 -- 0' -- --. .•\\l__ 1s,a a:, .. I •to -y 'fl:ts :- a r. ..cu.t.3 Is.. Iran :5 teal a,.::. at sot one 0? t• t?:.. slnql. 5l°: botIC.nq .d.. olt a spth •? not L.a. Stl :0 Isal to on. a? LI. ot.r LnItS. 't. 00? coo.l:4 11. ainqls .lo:y .I..n: shefl Ds 16111 OOL tIsn t. yowl ?Ot (Ia ably •I.a.n( t. %. o't..t •tns .5 -.ot .rt.:.d to p:scL..d. long •t.-ty. teats f.t . a .r.qL.-s1ey •I...nlp. (OlI(LVSIO.( tLtVATIO(% M.D SISICT 1(101 rant III 5105 DRUM UUI$TMR1 tot falSity -o vtot lull Pf0004T i• tIPS,eaC1 WIlD $Wll1SlUC 01(1 1(I0(1(I Calitalo (OnfLlAoCI It ILIIIIIPDT(• UM lIMIT Ff01151 Dl') 11.5 lIMOS $ilt PlOW "ILL. P1fl.ICT f.CWWDI. CUMR$OWCI PLANL.(IO%..MIX) PLAN 2 115% MIX) • FT. 111 16 - ..LO FT 1 HIN 10 'C P.LAN3 (20% MIX) PLAN 4 (25% MIX) TYPICAL BUILDING ELEVATIONS .O < F*1 P 1 --- L_ I'LAH ¶, ( O% MIX) i- 1 STORY CLEMENT I STORY ELEMENT- )O FT LAN 4 STREET PROHLE MINIMUM CRITLRIA COMI-'LIANCE !I..\tI 5 If L . j - I .'ORY iLt:MLIIT '1 VILLAGES D,L,F : .. I;-i. /1,• As- (L' • .. .............. ,.: S • . .' .I.I ............... .11 O tt:• f.1 • . . .• hI . dttr:but.I .....,•'- •... ...,,.I...t . o. Tn! !P PIl$ I!* NIS Is,. •......., Ii. .• ,..,n1•. .. .....I,NtT S. .. 1 •IMIM I: UI. GLC-SlSI •I.tNUTn .1 ..N IS I-$ Nil. 161fattest. £IcUUI.n. III, 4.- -* 1iLft-iiJLij 'Uift " (I " ,' 1 STORY EL2N?- I V/X 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%) [I FZ7 [ PLAI 3 (30% MIX) TOTAL ?71:'~ETER 202 ONE STORY 58 FT. 29 11) PLAN 4 (351 MIX) TOTA. ?ERIt4ETE 190fT. ONE STORY = 13T. () ,f VILLAGES M.N,O A'Afl'l •(( .('( -1 SINGLE STORY BUILDING PERIMETER - — w•;0_ . — (,•;_. ,— - ,'U •-' —•-' - -. L1i "_ ; ! :! •'. ' 'I •, .1 • .. V. 44%4 • .45 4 V • V V • .4 40%1 '4 I V• . ...........U • ..... '.Is ii 4 . 'V. V - I .. V • * V • tt i, .- , 4. :4% or ttte '..t • •)'.. •. S. •• ,...' . III i..t L 4.. diii: . 4.4 .4 4 •••,V4••4 • a I, .I(JM ,•. ..,..N • •:Mm..gs PU - .0111 sc owl PlaNs so iwus I. K2 tHU l ,111 'I H. I III'4l1H SlSCL-5'OSS noUn .40 •Hujft 4.5 .4 . t.fliL 44%. 'ga,o.r. iPI I tHIN. UI lIt IJI$ s -ot' ::LL:I' :rr • --.-- - V j L I I- PLAN I (151 MIX) TOlAL PERIMETER = 215 FT I STORY 215 FT. (100%) tJ rz 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 I •--Y--- 4Y:j_ VILLAGES OP SINGLE STORY BUILDING PERIMETER - - [LV_:_ •-: V •' I4J V W''p.rç y - .pi— - . — —.-,_,. _.UVT r- 'V4 W '7' W. V_V4 -- W - W••W••• -w.'-..r-s