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Home My WebLink AboutCT 90-14; AVIARA CALADRIS; Tentative Map (CT). --v • CITY OF CARLSBAD /f-~ -1'-0 -• LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For De~t. (For De~t. Use On y) Use On y) D Master Plan ............... 0 General Plan Amendment ...... D Specific plan ............. 0 Site Development Plan ....... rID Precise Development Plan ... 0 Zone Change ................. / 1o~/tf 5(] Tentative Tract Map ........ 0 Conditional Use Permit ...... ~ Planned Development Permit tfb-f7 0 Hillside Development Permit. 0 Non-Residential Planned 0 Environmental Impact Development Permit ........ Assessment ................ 0 Condominium Permit ......... 0 Variance .................... 0 Special Use Permit ......... ·0 Planned Industrial Permit ... D Redevelopment Permit ....... 0 Coastal Development Permit .. 0 Tentative Parcel Map ....... 0 Planning Commission Deter ... 0 Administrative Variance .... 2) LOCATION OF PROJECT: ON THE I NORTH I SIDE OF I ALGA ROAD I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN 1 EL CAMINO REAL I AND 1 ;!2QINSETTI8 I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 1 A SUBDIVISION OF LOT 90 OF MAP NO. 12410 OF 1 C. T. 85-35, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA 4) ASSESSOR PARCEL NO(S) .1 215-040-16 I 5) LOCAL FACILITIES~ MANAGEMENT ZONE 6) EXISTING GENERAL IRkg~~M/OS J 7~ PROPOSED GENERAL 1 SAME PLAN DESIGNATION LAN DESIGNATION 1 8) EXISTING ZONINGI PC 19) PROPOSED ZONING I SAME (PC) 110) GROSS SITElll 47Ad ACREAGE . 11) PROPOSED NUMBER OF! 56 112) PROPOSED NUMBER! 2 113) TYPE OF 1 RSDL I RESIDENTIAL UNITS OF LOTS SUBDIVISION 14) NUMBER OF EXISTING RESIDENTIAL UNITS! I (RESIDENTIAL VACANT COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL 1 N/A 1 166 PROPOSED COMMERCIAL I N/A I OFFICE/SQUARE FOOTAGE SQ ARE FOOTAGE ARFMOOO8.DH 4/89 CITY OF CARLSBAB . .' LAND U'SE REVIEW APPLICATION FORM PAGE-2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I 33.53% 119) PROPOSED INCREASE . IN AVERAGE DAILY I TRAFFIC, 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 56 ~ ____ ~ ~4~5~0 __ ~ 20) PROJECT NAME: CALADRIS AT AVIARA 21)BRIEF DESCRIPTION OF PROJECT: l 56 MULTI-FAM~LY UNITS ADJACENT TO. GaLF caURSE AND o.PEN-SPACE· ACRass _STREET FRaM HaTEL ST'T'F. TNTHK MASTER PLANNED caMMUNITY aF AVIARA. 22) OWNER NAME (PRINT OR TYPE) ~~~g~~IA, INC. MAILING ADDRESS aNE PARK PLAZA, #1100 23) APPLICANT NAME (PRINT -OR TYPE' CRaSBY MEAD 'BENT aN & Assac. MAILING ADDRESS 5966 LA PLACE caURT SUITE 170 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE IRVINE CA 92714 (714)851-3131 CARLSBAD I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE. 411 SIGNATURE DATE ,/4/CJb FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED It; OOO&?1! TOTAL FEE REQUIREDI 1z->7~1 I I I r;;;;J- APR 06 1990 CITY OF.; CARLSBAD DATE ~'P~~1ftmI"R*'EIVED RECEIVED BY: DATE FEE PAIDIr---tI,-A+6A-~-----'1 RECEIPT NO.1 ~ ~------~ ARFM0008.DH 4/89 It, • •' ,,> STATE OF ) California ) ss. COUNTY OF ) Orange On August 26) 1992 , before me, the undersigned" a Notary Public in and for said State, personally appeared_T_i_m_M_cG_l._· n_n_i_s ___________ _ and Jack Reimer , personally known to me or proved to me on the basis of -satisfactory eYid~Ilce-to be the persons who executed the within instrument respectively as the Sr. Vice Presidentand the Vice President on behalf of BRAMALEA CALIFORNIA, INC. and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board od directors. WITNESS my hand and official seal. STATI;.,OF. ,) (aM~~ss. CO UNTY CC>F /7. ~ ) v t:Zrr M-Uj () Notary Public On C ~ ~~ th~ersig~: a Notary Public in and fo aid State personally appeared ~~ ~ and , personally known to me Sf proved to me on the . . . to be the persons who executed the within instrument respectively as the ~ and the 4. j/~d~r on behalf of A VlARA MASTER ASSOCIATION, and acknowledged to me that su corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL KATHLEEN A. ARNOLD t;;)TARY~ fmCIm 0ffK:E If ~ MOOOl.M't lIr~~Jli!laf $1, t'IlM 3 Notary Public It . -.. • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: Aviara Master Association c\o Hillman Properties West, Inc. 2011 Palomar Airport Road Suite 206 Carlsbad, California 92009 Attention: Pamela Hames • --------------------SPACE ABOVE THIS LINE FOR RECORDER'S USE---------------------- (Conveyance of The undersigned grantor (s) declare (s) : Documentary transfer tax is $ ____ _ computed on full value of property conveyed GRANT DEED Lot 7 in Planning Area #16 to Master Association) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BRAMALEA CALIFORNIA, INC., a California corporation ("Grantor"), hereby grants to A VIARA MASTER ASSOCIATION, A California non-profit mutual benefit corporation (Grantee") that certain real property described on Exhibit "A" attached hereto and incorporated by this reference. EXCEPTING THEREFROM all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the 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 subsurface 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 red rill, retunnel, equip, maintain, 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. This grant is made and accepted subject to: 1. Real property taxes and assessments, if any, not delinquent. ',", • • 2. The covenants, conditions, restrictions, easements, charges, assessments and other matters set forth in the Third Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Aviara (the "Declaration") recorded September 16, 1991, as Instrument No. 1991-0475307, in the official Records of San Diego County, California, as the same may, from time to time, be amended. 3. That certain Local Facilities Management Plan for Zone 19 approved by the City of Carlsbad pursuant to Carlsbad Growth Management Program Title 21, Chapter 21.90 of the Carlsbad Management Code, that certain Master Plan for which was approved by the City of Carlsbad Planning Commission on November 4, 1987 pursuant to Planning Commission Resolution 2594. Dateo.. It <;;\ I" I \ qq 0-... BRAM CALIFORNIA, INC., a Califo t "GRANTOR" AVlARA MASTER ASSOCIATION, a Cali£' nprofit Mutual ration "GRANTEE" 2 • • LEGAL DESCRIPTION OF COMMON AREA LOT CONVEYED TO AVIARA MASTER ASSOCIATION Lot 7 of Carlsbad Tract No. 90-14 Aldea in City of Carlsbad, County of San Diego, State of California, according to map thereof No. , filed in the office of the county recorder of San Diego County on . 1992 EXHIBIT IIAII ! I I I • ~, -v N 1l.T.5. In--;;:-,-, , ",---' I CHICAGO TITLE COMPANY • 925 "B" Street • _ San Diego, CA 92101 ~ (619)232-4031 or (619)239-6081 Fax: (714) 384-7122 SUBDIVISION GUARANTEE Order No. 1186609 -50 Dated: August 6, 1992 at 7: 30 A.M. Subdivision: CARLSBAD TRACT 90-14 Fee: $1,000.00 Map No: CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The County of San Diego and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on tile map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are as set forth in Schedule A. SUBFACE •• 11/29/88 Thomas J. Adams Secretary Richard L. Pollay President - Authorized Signature Order No: 1186609 -50 Da~ed: August 6, 199~ '\ Subdivision: at7:30 A.M. SCHEDULE A The map hereinbefore referred to is a subdivision of: SEE ATTACHED DESCRIPTION The parties hereinbefore referred to are: OWNERS: Fax Number: (619)544-6292 1. BRAMALEA CALIFORNIA, INC., a California corporation, as Owner 2. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, as Optionee LESSEES: None TRUST DEED HOLDERS: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California corporation , as Trustee under Deed of Trust recorded January 31, 1990 as File No. 90-054130. EASEMENT HOLDERS: (1) The signature of SAN DIEGO GAS & ELECTRIC COMPANY, Owner of an easement as disclosed by deed recorded October 16, 1956 in Book 6301, Page 162 of Official Records; April 26, 1957 Document No. 61923 in Book 6553, Page 334 of Official Records; and February 7, 1958 in Book 6941, Page 234 of Official Records of San Diego County has been omitted under the prpvisions of Section 66436, Subsection (A) (3) (A) (i) of Government Code, their interest is such that it cannot ripen into a fee title and said signature is not required by the governing body. SEE ATTACHED EXHIBIT SUBDIVA-12/12/88 \ PoliCy No. Page 1 • • EXHIBIT (2) The signature of THE CITY OF CARLSBAD, Holder of offers and/or dedications of Map No. 12410, Owner of an easement as disclosed by deed recorded June 29, 1990 of San Diego County has been omitted under the provisions of Section 66436, Subsection (A) (3) (A) (i) of Government Code, their interest is such that it cannot ripen into a fee title and said signature is not required by the governing body. (3) The signature of AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP , Owner of an easement as disclosed by deed recorded January 31, 1990 as File No. 90-054126, in Book 1990 of Official Records of San Diego County has been omitted under the provisions of Section 66436, Subsection (A) (3) (A) (i) of Government Code, their interest is such that it cannot ripen into a fee title and said signature is not required by the governing body. (4) The signature of DANIELS CABLEVISION INC., a Delaware corporation, Owner of an easement as disclosed by deed recorded June I, 1990 as File No. 90-298180, in Book 1990 of Official Records of San Diego County has been omitted under the provisions of Section 66436, Subsection (A) (3) (A) (i) of Government Code, their interest is such that it cannot ripen into a fee title and said signature is not ~equired by the governing body. EXHIBITB •• 12/'12/88 \ Orde~ No. 1186609 Page 1 DESCRIPTION • City of Carlsbad Tract 90-14 Aviara Planning Area 16, Aldea, being a subdivision of Lot 90 of City of Carlsbad Tract 85-35, Aviara Phase 1 -Unit B, in the City of Carlsbad, County of San Diego, State of California· according to Map thereof No. 12410, filed in the Office of the County Recorder of San Diego County J~ne 29, 1989. EXCEPTING THEREFROM all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the 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 subsurface 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, 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 five hundred (500) feet of the subsurface of the property, as reserved in that certain grant deed recorded January 31, 1990 as File No. 90-054126. Order No. 1186609 -50 • CHICAGO TITLE INSURANCE COMPANY 925 "B" Street San Diego, California 92101 PHONE: (619) 239 -6081 Fax: (619) 235-7279 Preliminary Subdivision Report Fee: $500.00 Dated: August 6, 1992 Map No. at 7 :30 A.M. Subdivision: CARLSBAD TRACT 90-14 For the benefit of the County of San Diego , any City within which the subdivision is located, the Subdivider and the Subdivider's Registered Civil Engineer or Licensed Land Surveyor. A preliminary examination of those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on a map of the above referenced subdivision received OnJuly 15, 1991 , by Chicago Title Company, herein called the Company, discloses that, at the date hereof, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the map of said subdivision to be filed with the County Recorder of said County are set forth in Schedule A. This report is furnished as an accommodation, for the sole purpose of preliminary planning and facilitating the compliance with requirements necessary for the issuance of a Subdivision Guarantee. It is understood that the Company's \lability is solely that expressed in such Guarantee, and that no liability separate from or other than the Company's liability under said GUarantee is assumed by this Report, except that if no Guarantee Is issued under this Order the amount paid for this Report shall be the maximum liability of the Company. CHICAGO.'>f~tm~~Y _ BY~~ Title Officer Tom Votel 544 -6234 PSUBFACE·S/5/91·BK • SCHEDULE A Order No. 1186609 -50 The map hereinbefore referred to is a proposed subdivision of: SEE ATTACHED DESCRIPTION The parties hereinbefore referred to are: BRAMALEA CALIFORNIA, INC., a California corporation Exceptions: 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1992-93 which are a lien not yet payable. 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Senate Bill No. 813 (1983) of the State of California. 3. Bonds and assessments, if any. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: PSUBDIVA·S/5/91·BK SAN DIEGO GAS & ELECTRIC COMPANY Public utilities, ingress and egress October 16, 1956 in Book 6301, Page 162 of Official Order No: 1186609 Affects: EXCEPTIONS: Records The route ~ffects a portion of said Lot 90 as more fully described in said document THE EFFECT OF THE FOLLOWING: An agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: July 9, 1990 SAN DIEGO GAS & ELECTRIC COMPANY, ("Grantor), and AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership July 25, 1990 , as File No. 90-404682 of Official Records Right-Of-Way Use Agreement Reference is made to said document for full particulars. THE EFFECT OF THE FOLLOWING: An agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: July 9, 1990 SAN DIEGO GAS & ELECTRIC COMPANY, ("Grantor"), and AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP"a Delaware limited partnership July 25, 1990 , as File No. 90-404683 of Official Records Right-of-Way Use Agreement Reference is made to said document for full particulars. THE EFFECT OF THE FOLLOWING: An agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: July 9, 1990 SAN DIEGO GAS & ELECTRIC COMPANY, ("Grantor"), and AVIARA MASTER ASSOCIATES, a California Non-profit Mutual Benefit Corporation July 25, 1990 , as File No. 90-404684 of Official Records Right-of-Way Use Agreement Reference is made to said document for full particulars. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: PPMAPE -12/'}J)/88 SAN DIEGO GAS & ELECTRIC COMPANY Public utilities, ingress and egress April 26, 1957, Document No. 61923 in Book 6553, Page 334 Order No: 1186609 • Affects: EXCEPTIONS: of Official Records The route affects a portion of said Lot 90 as more fully described in said document Among other things, said document provides: Grantor agrees that no other easement or easements shall be granted on, under or over said strip of land by grantor, without the previous written consent of grantee. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: SAN DIEGO GAS & ELECTRIC COMPANY Public utilities, ingress and egress, February 7, 1958 in Book 6941, Page 234 of Official Records The route affects a portion of said Lot 90 as more fully described in said document Among other things, said document provides: Grantor agrees that no other easement or easements shall be granted on, under or over said strip of land by grantor without previous written consent of grantee. 7. 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. 8. 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 as File No. 86-356638. Among other things, said document 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. 9. Any assessments which may be levied against the herein described property, as disclosed by a filed map of the assessment districti Plat No.: City of: Recorded: PPMAPE •• 12/7JJ/88 Proposed boundaries of Community Facilities District No. 1 of the Carlsbad Unified School District Carlsbad March 14, 1989 , as File No. 89-130025 and May 8, 1989 as File No. 89-242769 of Official Records Order No: 1186609 • EXCEPTIONS: Reference is made to said document for full particulars. A Notice of Special Tax Lien, Community Facilities District No. 1 of the Carlsbad Unified School District, recorded April 9, 1990 as File No. 90-189679. 10. An agreement, and the terms and conditions as contained tnerein Dated: By and Between: Recorded: Regarding: March 22, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership and THE CALIFORNIA COASTAL COMMISSION April 14, 1989, as File No. 89-196176 of Official Records Deed Restriction (Open space) Reference is made to said document for full particulars. 11. An agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: March 13[ 1989 AVIARA LAND ASSOC.IATES LIMITED PARTNERSHIP, a Delaware limited partnership and THE CALIFORNIA COASTAL COMMISSION April 14[ 1989, as File No. 89-196178 of Official Records Deed Restriction (Trail) Reference is made to said document for full 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 limited partnership recorded April 14, 1989 as File No. 89-196180. Reference is made to said document for full particulars. 13. An agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: March 31, 1989 Aviara Land Associates, limited partnership, a limited partnership and City of Carlsbad June 5, 1989 [ as File No. 89-296176 of Official Records Agreement between developer-owner and the City of Carlsbad for the payment of a public facilities fee Reference is made to said document for full particulars. 14. Provisions, herein recited, of the dedication statement on the map of the subdivision shown below Map No. : 12410 Provisions: As follows: PPMAPE --12/'2flj8S Order No: 1186609 • EXCEPTIONS: 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 the Carlsbad Municipal Code Section 21.38.030 approved by the City Attorney shall be executed. The owner accepts responsibility for drainage overland 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 of 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 the sale of the subdivision property which ever occurs first. The subdivider has entered into a secured agreement with the City of Carlsbad to guarantee payment ~f these fees. The amount of fees shall be determined at the time of the building permit issuance or sale. This subdivision contains a remainder parcel pursuant to Section 20.04.120 of the Carlsbad Municipal code, building permits shall not be issued for such parcel until it is further subdivided. 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 Number 9322, approved on December 8, 1987, and any amendments thereto. The building permits when issued will be subject to any fees, other conditions or requiremehts imposed as a part of that plan. • This project is approved on the express condition that prior to the sale or development of any property or building permit, parking and drainage agreement shall be established for lots 87 through 91 by the subdivider and approved by the City of Carlsbad. 15. The fact that the ownership of said land does not include rights of access to or from the street or highway abutting said land, such rights having been relinquished by the map of said Tract. Affects: Alga Road adj.;tcent & contiguous to Lot 90 excepting therefrom access opening No. 1 16. An easement for the purpose shown below and rights incidental thereto as shown on Map of said Tract. PPMAPE -12/?JJ/88 Easement Purpose: Affects: General utility and access Lot 90 Order No: 1186609 • EXCEPTIONS: Said easement is to be vacated upon the recording of the map. 17. An easement for the purpose shown below and rights incidental thereto as shown on Map of said Tract. Easement Purpose: Affects: 15' sewer Lot 90 18. Covenants, Conditions and Restrictions in the Master Declaration of Covenants, Conditions and Restrictions for Aviara, executed by Aviara Land Associates Limited Partnership, a Delaware limited partnership recorded July 5, 1989 as File No. 89-354659; that certain first amended and restated Master covenants, conditions and restrictions for Aviara, executed by Aviara Land Associates Limited Partnership, a Delaware limited partnership, recorded July 31, 1990 as File No. 90-418521; and that certain second amended and restated Master Declaration of Covenants, Conditions and Restrictions for Aviara, executed by Aviara Land Associates Limited Partnership, a Delaware corporation, recorded February 8, 1991 as File No. 1991-0057543 and re-recorded March 15, 1991 as File No. 1991-0114756. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of a first mortgage or first deed of trust made in good faith and for value. The right to levy certain charges or assessments against said land which shall become a lien if not paid, as therein set forth, conferred upon: Aviara Master Association, a California Non-profit Mutual Benefit Corporation Modification(s) of said covenants, conditions and restrictions Recorded: September 16, 1991 as File No. 1991-0475307, Official Records 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: PPMAPE-12/2JJ/88 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (A) To construct, install, maintain and repair in the dedicated property trails, picnic beaches, slopes, walls, fences, erosion control devices and such other facilities as are consistent with the use of the dedicated property as open space land. (B) 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. Order No: 1186609 Recorded: Affects: • EXCEPTIONS: (C) To enter upon the dedicated property to trim and maintain trees. (D) To enter upon the dedicated property to thin and remove vegetation and underbrush. (E) To dedicate easements over the dedicated property for the purposes of installation, operation, maintenance and repair of public utilities. (F) To enter upon the dedicated property for the purposes of installation, operation, maintenance and repair of public utilities. January 31, 1990 as File No. 90-054126, Official Records The route thereof affects a portion of said land and is more fully described in said document. 20. An agreement, and the terms and conditions as contained therein By and Between: Recorded: Regarding: BRAMALEA CALIFORNIA, INC., a California corporation and AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership January 31, 1990 , as File No. 90-054129 of Official Records Agreement to sell and convey said land Reference is made to said document for full particulars. 21. A deed of trust to secure performance under an agreement referred to therein, and any other obligations secured thereby Dated: Trustor: Trustee: Beneficiary: Recorded: December 19, 1989 BRAMALEA CALIFORNIA, INC., a California corporation TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California corporation AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware corporation January 31, 1990 as File No. 90-054130, Official Records 22. An agreement, and the terms and conditions as contained therein Dated: By and Between: PPMAPE -12/'2JJ/88 February 20, 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership; DAVIDSON COSCAN PARTNERS, a California general partnership; LYON COMMUNITIES, INC., a California corporation; ROC DEVCO II LIMITED PARTNERSHIP, a Delaware corporation; A-M HOMES, a California limited partnership and BRAMALEA CALIFORNIA, INC., a California corporation Order No: 1186609 • Recorded: Regarding: EXCEPTIONS: April 16, 1990 , as File No. 90-204778 of Official Records Unity of Control Reference is made to said document for full particulars. 23. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: DANIEL CABLEVISION, INC., a Delaware corporation An easement and right of way to ente! and occupy, for the sole purpose of constructing, operating, altering, maintaining, repairing, replacing, reconstructing, inspecting or removing, a CATV system, including, without limitation, any and all lines, cables, conduits, ducts, vaults, manholes, pull boxes, poles, pedestals, markers, concrete pads, antenna and receiving devices, head end equipment, connections, and other fixtures, facilities and appurtenances June 1, 1990 as File No. 90-298180, Official Records The exact location and extent of said easement is not disclosed of record. 24. An agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: April 5, 1990 BRAMALEA CALIFORNIA, INC., a California corporation and THE CITY OF CARLSBAD, a Municipal Corporation June 7, 1990 , as File No. 90-308819 of Official Records Payment of a public facilities fee Reference is made to said document for full particulars. 25. Any assessments which may be levied against the herein described property, as disclosed by a filed map of the assessment district; Plat No.: City of: Recorded: Diagram of Assessment District No. 88-1 (Alga-Road) Carlsbad July 19, 1990 as File NO. 90-391306, Official Records A Notice of Assessment recorded July 19, 1990 as File No. 90-391307. 26. An agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: PPMAPE-12/20/88 July 5, 1990 CITY OF CARLSBAD, a Municipal Corporation and BRAMALEA CALIFORNIA, INC. October 31, 1990 , as File No. 90-590736 of Official Records Special Assessment District Pass-Through Authorization Agreement Order No: 1186609 • EXCEPTIONS: Reference is made to said document for full particulars .. 27. A "Notice concerning aircraft environmental impacts" recorded August 15, 1991 as File No. 1991-0417038. Reference is made to said document for full particulars. 28. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: PACIFIC BELL Public utilities, ingress and egress September 6, 1991 as File No. 1991-0456673, Official Records The route thereof affects a portion of said land and is more fully described in said document. 29. An agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: September 12, 1991 CITY OF CARLSBAD and BRAMALEA CALIFORNIA, INC., a California corporation October 4, 1991, as File No. 1991-0515451 of Official Records Hold Harmless Agreement Drainage Reference is made to said document for full particulars. 30. An agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: September 30, 1991 BRAMALEA CALIFORNIA, INC., a California corporation and THE CITY OF CARLSBAD, a Municipal Corporation October 4, 1991, as File No. 1991-0515452 of Official Records Agreement to pay drainage fees as required by the growth management program and the adopted local facilities management plan for Zone 19 Reference is made to said document for full particulars. 31. An agreement, and the terms and conditions as contained therein PPMAPE -12/'2JJ/88 Dated: By and Between: Recorded: Regarding: October 29, 1991 BRAMALEA CALIFORNIA, INC. and the CITY OF CARLSBAD July 9, 1992 , as File No. 1992-0430209 of Official Records Hold Harmless Agreement Drainage Reference is made to said document for full particulars. Order No: 1186609 • PPMAPE-12/W/88 EXCEPTIONS: END OF SCHEDULE B NOTE NO.1: . Property taxes for the fiscal year shown below are paid. For proration purposes the amounts are: Fiscal year 1991-92 1st Installment: 2nd Install~ent: Homeowner's Exemption: Land: Improvements: Personal Property: Code Area: Parcel No: $56,681.48 $56,681.48 $None $4,080,000.00 $None $None 09027 215-612-04 NOTE: If this Company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or sub-escrow accounts. The mandatory hold period for cashier's checks, certified checks and teller's checks is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited. NOTE: Any funding wires to CHICAGO TITLE COMPANY are to be directed as follows: SECURITY PACIFIC NATIONAL BANK 1200 Third Avenue San Diego, California 92101 ABA 122 000 043 Credit to CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT No. 411-263269 Further credit to Order No: 001186609 Attn: cm amend/at 2amend/at 3 amend/at Tom Votel Title Officer Order No. 1186609 Page 2 DESCRIPTION • City of Carlsbad Tract 90-14 Aviara Planning Area 16, Aldea, being a subdivision of Lot 90 of City of Carlsbad Tract 85-35, Aviara Phase 1 -Unit B, in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 12410, 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 hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the 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 subsurface 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, 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 five hundred (500) feet of the subsurface .. of the property, as reserved in that certain grant deed recorded January 31, 1990 as File No. 90-054126. • STATE OF CALIFORNIA) ) ss: COUNTY OF SAN DIEGO) I, Paul Boland, certify that I am the duly qualified and elected Treasurer-Tax Collector of the • CERTIFIED III fw a correa Copy of the -, ~ Conlcnl'> of Ihe Ollj.;in.u Document tecordcd ./h.f(''.;i..)/. 7,tti? File No. /.f~!:...~.~~Y.JJ 7r;1 OfficUI Records of 5,ln Diego County, California OliCAGO TITLE COMPA[:N ,-/:;'~lt-/i:tc .. -~1.O't~,..{P)It8J~~J. 'W.'l.l'P~'lU'J'PT'r''''f ... ~.rr.'' •• " County of San Diego, state of California; that I have examined the records in my office as to delinquent taxes and assessments collected by the County of San Diego on the property in the subdivision or parcel map known as: CITY OF CARLSBAD TRAer NO. 90-14 AVI.M<.A PLANNING AREA 16, ALDEA A final map of which subdivision or parcel map is about to be filed with the appropriate legislative body in the County of San Diego for approval; and I hereby certify that at the date hereof there are NO liens against said subdivision or parcel map, or any party thereof for unpaid State, County, Municipal or local taxes and special assessments for the fiscal year 1991/1992 • I further certify that there are against the parcel or parcels of real property wi thin which the subdivision or parcel map is si tuated 1 iens for State, County and local taxes and special assessments collected as taxes which are a lien but which are not yet payable and which I estimate as follows: State, County, School and Special District Taxes $ 157,070.00 Include City of __ CARIS __ BAD _____________________ _ IN WITNESS WHEREOF, I have hereunto set my hands this _6_th ____ _ day of August , 19_9:.-2 ___ _ Certificate No. __ 9_2_-_1_38 ____ _ THIS CERTIFICATE VOID BEGINNING: September 21, 1992 Parcel No. 215-612-04 PAUL BOLAND TREASURER TAX COLLECTOR By: ~ .. ClLr'~ Deputy Subject to Government Code section 66493 Tax Surety/Bond required: Yes __ xxx ___ _ No W1iITE/Recorder YELLOW/Map Processing PINK/Clerk of the Board GR/Fil e This certificate must be filed with the County Recorder and a conformed copy delivered to the appropriate legislatiye body in the County of San Diego. OT-21-22 revised 1/91 • ' CDlh.'IT Of SA"1 D I J:XjO SUBDIVISION TAX aX-J) • BOND NO. 102519 PREMIUM: $1,099.00 ~ Per Annum Whereas, we BRAMALEA CALIFORNIA, INC. as principal, intend to fi le in the of fice of the Coun ty Hecorder a final subdi vision rrap of CITY OF CARLSBAD TRACT 90-14, AVIARA PLANNING and; AREA 16, ALDEA Whereas, the SuWi vision Map Act requires said principal to file Wi th the Clerk of the Board of SUpervisors security conditioned upon the plyrrent of all State, Ccunty municipal and local taxes and all special assess!'l')ents collected as taxes ..mich are Ii lien rut not yet rayable. ',' AMERICAN HOME ASSURANCE COMPANY Now therefore, v.e the principal and ----------------------------------------- organized and existing under the laws of the State of NEW YORK and authorized to act as surety in the State of OOi:-:f.,;-o;..:;;r'-n--:-i...;.a~,-as---sur-e-t~y-,-are---:-:·h,....e-=l-d,-an:1- firmly bound unto the County of San Diego hereinafter called IICounty", in the I=enal sum of ONE HUNDRED FIFTY-SEVEN THOUSAND SEVENTY AND 00/100--------------------------------- dolla:rc ($ 157,070.00------------) lawful rrolley of the United States for the.plyrrent of which sum well and truly to re r.nde, v.e bind cursel ves, rur heirs, sucessors, executors and ndministrators. jointly and severally; finn1y by these presents. The condition of tilis obligation is such that if' the s:tid principal stmll plY. or cause to b: raid v.hen due, all State, County, municipal and local taxes and the current installment of principal and interest of all special assessments collected as ta.xes, which at t.~e tirre the final rep is recorded. are a lien against such subdivision, or any plrt thereof, but \lrtlicll are not yet 1Xlyable, then this obligation shall cease ::uld be void; otherwise it shall rem:lin in full force and effect. As rart of the obligation secured hereby and in addition. to the face am::>unt • sl-"'eCified therefor, there shall be included casts and reasonable expenses and fees, incl '..lding reasonable attorney IS fees, incurred by county in sucessfully enforcing SUC:l obligation. all to l:e Ul.xed as costs and included in any judgement rendered. WI1NESS Qur l~nds this 28TH day of AUGUST 19 92 --------------------------- PRINCIPAL 100 Bayview Circle, #2000 .\.J;Dl{f~~ A"\'D ZIP COOE Newport Beach, CA 92660 l.~F H4.HXJ :3/81 AMERICAN HOME ASSURANCE COMPANY NEW YORK, NY 10270 ADDf{i:SS lIND 2I P O)DE • .' OF __ C:.:.lA::uL,,-,IuF...lo:Q~R1.o.!N-*-IA!..L-________ ) II. ! or SAN FRANCISCO ) . Tbil 28TH day of AUGUST • in the yur 1992 before •• JANICE S. BULLMANN • Rotary Public. personally appured ___ KA_T_S_U_K_O_T_A_KA_T_A ___ _ ATTORNEY-IN-FACT FOR AMERICAN HOME ASSURANCE COMPANY ________________________________________________________________ ---------t perlonally knovu to •• roved to •• on the buh of uthfac:tory evidencI) to bl thl pUlon (I) vho executed thil instrument AI fORNEY-IN-FACT on behalf of the corporation herdn named and altcnovled,ld to .. that thl corporation ted it. that h. (Ihe) knowl the I.al of the laid corporation. that the •• al affixld to the .aid instrument ch corporate I.al; that it va. 10 affixed by ord.r of the Board of Director. of the .aid corporation. and h. (Ih.) .ianed hi. (h.r) name to the .aid inatrument by like ord.r. ,1 FRANCISCO. CA (Ccarl .. ion upir .. ,_.....;;.O..;.,CT;;,;O;,.:B:;,.:E::.;;,R:....::.2,:;.3.!,. • ...,;1:.:9:..,:9.:2:...-___ _ t!AHT: Attach certifild copy of relolution authorizin, ex.cution of thi. inatruaent by Corporation. 19 12/82 ED >. c: [ E o () Q) ~ c: B .~ E ~ w Q) c: Q) Q. STATE OF CALIFORNIA COUNTY OF Orange } }ss. } On 9-1-92 before me, Dee Baker ------~~~--------------------- personally appeared_...:J...:ac:..:c:.:k:.:....-:R:.:e=i=m:;:e:.::r--.::a:.!n:!;d=--T.::..=.i~m:.....!:;M~c~G~i!:.!n~n:=:l.=.' s:=,.=-:::.-.:-.:-:.:-=-=-:.-=-.::-::-:.:-:.:-::-::-===. ----------------------------_-_-_-_-_-_-_-_-_-_-_-_-_-...:-...:-..:.;-:.-=.=-:::.-.=-.=-:.:-:.:-:.:-:.:-=== personally known to me (or proveS tEl FAa SA IRe I;/asis sf satisfaelOf) e"'iS9AGej to be the person(s) whose name(s) .il/are subscribed to the within instrument and acknowledged to me tha~/they executed the same in his/her/their authorized capacity(ies), and that by ~their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ___ 1:Ae.-==---,~,-",~aA1v~~.!.<!. ____ _ (This area for official notarial seal) Americon Home ,6.Huranct CO!Ir-..y Natiof\llf Union F,re Ins.;..,'B.')C$ rnpany of PIttsburgh, PI! POWER OF A nORN~Y No. 03-B-01070 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company. a New York corporation, and National Union F Ire Insurance Company of P, ttsburgh. Pa., a Pennsylvania corporation, does each hereby apPOint ---B. A. Poitevin, H. Orsoe, Janice S. Bullmann, Katsuko Takata: of San Francisco, California--- its true and lawful Attorney(s)"n·Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and Wrtttngs obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WI TN ESS WH E R EOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents STATE OF NEW YORK COUNTY OF NEW YORK 29 October 90 On mis day of ,19 __ , befort me came me above named offICer of American Home Auurana Company and National Union Fore Insurance Company ot Pitnburgh, Pa., to me penonally known to be·the indlvio..al and officer described her.in, and acl(nowledged that he executed ttle foregoing instrument and afflxitd ttle seals of said corporations thereto by authority of hiS office CERTIFICATE +--_O_c_t_o_b_e_r ____ , 19 90 . Excerpts of Resolutions adopted by the Boards of Directors of AmeriGan Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED. that the Chairman of the Board, the President, Of any Vice President be, and hereby is, authorized to appoint At1orn,ys-in·Fact to r.prltSent and iKt for and on behalf of the Company to executl bonds, undertllkln~, recognizances and other contracts of indemnity and writi"lls obIj~tory in the nature thereof, and to attach thereto the corporat. seal of the Company, in the transac,tion of its surety bUSIneu; "RESOLVED, that the signatures and at1estations of such oflicers and the seal of the Company may be affixed to any such POW9r of Attorney or to illY certificatl! re/ating thereto by facSImile, and any such Power of Attorney or cerlificatt bearing such facsimile signaturH Of flCsimile seal shall be valid .nd binding upon me Company when so affixed with respect to any bond, undertakiO\l. recognizance or other contrlCt of indemnity or writing obligatory in the nature thertof; "RESOL VED. that any such Attorney·in-Fact delivering a secretarial cartification that the foregoing resolutions still be in effKt may insert in such certification the date thereof, said date to be not later than the dati! of delivery thereof by such Attorney·in-Fact." I, Maureen P. Tully. Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa_ do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corpora- tions, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation th is 28THday of _--=.::.AU.::..G:::..:U::..:;S::..:;T'--___ • 19.-2. ~ '23240 (9/85) RCV B'l': XERClX TELECCIP I ER 7010 ; 9-27-91 4: 25PM ; CCITT G3-':l ; l:f 2 09/27/1991 16:33 FROM CMS Carlsb3d P.02 ; r,~SV27 /9.1. 15: 33 TO 43808';'4 NO. 010 002 '"""'--'" "''' ""I ~ -= CAUrQRN1A COASTAL COMMISSION $AN tl~ oo.~ A~ 31 n e.AMmo !:I-;l~ f.ltQ N~tH, WtTlli OOQ t.\t\~ ~, eft. ~103>'m (lil\?i ~~~ e~~~fOOleti C!a1Horllia.jf Inc~ Oft@ Psrk Pla~a, S~ita 1100 I~1ft0f CA 92714 ATTM: M£rc P~rrin .II!T! WJlSON. ~ , '_ it Ie a '&ri .... t: ' ~ This amend.ment was d0t®rmined by the Executive Director to be 1l'mlater1al t was duly noticed, and no objections were received. This ;:a~nd~nt will beeoow effect he upon return of a signed copy of this form to the District offic~. P1®ase note that tho r~inln9 CQndit10ns are sti11 1n effett+ SineerelV1 ~fPWF Djf;M~l~$ gn~~ut'vQ D1re~tor ! h~ve read and understand the above amendment and agree to be bouna by its conditions and the remaining ccmditions of permi ft" .. ,t')... erC/ o~te d3/2Uq I ,_" _, SignatUre ...........,...~~ (2700N) -, . . POOR QUALITY ORIGINAL (5) , , .,,.<$ ; . REC'O FROM .. Clfy OF CARLSBAD I 1200 ELM J1ftNUE CARLSBAD, CALIFO A 92008 438·5621 -~ ACCOUNT NO. DESCRIPTION , --C"'I " (j~t1/( ~( L171-~I O~C() rn· S'&34 _ ( ItOl !LP!l.JL~I!/'-.Q ) , !l t)!~f; D -OS---J V SV1 {)--D(P . 7362 08/13/90 RECEIPT NO. 99062 TOTAL AMOUNT /S(j --' lS 0: --:-- I I I , I I I I I I 000.1 01 05 I I tllSC ~1l)V·vv I I I , J I :? C()I--..\ -' I ---_ ,~. ". " _ : _ ~ , r _ , _" _ " ACCOUNT NO. DESCRIPTION ,-1/ -'\, J O-COOO-)=[';; </ \ .. , I RECEIPT No·9 7187 DATE ;!!-c{-70 AMOUNT ) . . ) I I ? I i27~4.00 I • • DISCLOSURE FORM APPLICANT: BRAMALEA CALIFORNIA. INC., A CALIFORNIA CORPORATION AGENT: MEMBERS: Name (individual, partnership, joint venture, corporation, syndication) ONE PARK PLAZA, SUITE 1100, IRVINE, CALIFORNIA 92714 Business Address (714) 851-3131 Telephone Number CROSBY MEAD BENTON & ASSOCIATES Name 5966 LA PLACE COURT, SUITE 170, CARLSBAD, CA 92008 Business Address .J.619) 438-1210 Telephone Number N~me (individual, partner, joint venture, corporation, syndication) Business Address Telephone Number Name Business Address Telephone Number Home Address Telephone Number Home Address Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, Itwe will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. FOR BRAMALEA CALIFORNIA, INC ~~ent Agent, Owner, Partner BY ." : I :-.~ ... t., , • , APPLICATION REQUIREMENTS FOR TENTATIVE TRACT MAPS TENTATIVE PARCEL MAPS CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS The following materials shall be submitted for each application except as noted on #~nd #8. ~J. Eight copies of the tentative map/condominium site plan prepared on ~-, a 24" x 36" sheet(s) and folded into 8~ x 11" size. Fifteen copies ~ ~ of the tentative tract map/condominium site plan shall be submitted by the applicant upon request of the project planner prior to project approval. Each tentative map shall contain the following information: LJ LJ LJ LJ LJ LJ LJ LJ LJ LJ I. General Information: A. B. c. D. E. F. G. H. 1. J. Name and address of owner whose property is proposed to be subdivided and the name and address of the subdivider; Name and address of registered civil engineer, licensed surveyor, 1 andscape arch i tect or 1 and planner who prepared the maps; North point; Scale; vicinity map; Date of preparation; Classification of lots as to intended residential, commercial, industrial or other uses; Tentat i ve Map number in upper ri ght hand corner (City to provide number at time of application.) Number of units to be constructed when a condomi ni urn or community apartment project is involved; Name of sewer and water district providing service to the project. Average Daily Traffic generated by the project broken down by separate uses. ARFRM003A.DH 2/90 II. LI LI LI LI Site A. • • Information: General 1) 2) 3) 4) 5) Approximate location of existing and proposed building and permanent structures; Location of all major vegetation, showing size and type; Location of railroads; Lega 1 descri pt i on of the exteri or boundar"i es of the subdivision (approximate bearings, distances and curve data); Lot lines and approximate dimensions and number of each lot; B. Streets and Utilities 1) 2) 3) 4) 5) 6) 7) 8) 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 1 and 22) Name, location and width of existing adjacent streets and alleys. Typical street section for all adjacent streets and streets within the project. Width and location of all eXisting or proposed public or private easements; Ptiblic and private streets and utilities clearly i dent ifi ed. Show distance between all intersections and medium and high use driveways. Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. Show access points to adjacent undeveloped lands. ARFRM003A.DH 2/90 \ At" .. ·;. LJ LJ LJ LJ LJ LJ LJ ? d5. • 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. 10) Show all fire hydrants located within 300 feet of the site. C. Grad i ng and Drainage . 1) 2) 3) 4) 5) Approximate contours at I' intervals for slopes le,ss than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved; Earthwork volumes: cut, fill, import and export. Spot elevati~ns at the corners of each pad. Method of draining each lot. Include a typical cross sect i on taken para 11 e 1 to the frontage for lots with less than standard frontage. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. 6) Clearly show and label the 100 year flood line for the before and aft~r conditions for any project which is One (1) copy of 8 1/2" x 11" site plan. 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(l) reproduced copy. ~ Disclosure Statement. (Not required for tentative parcel maps.) ARFRM003A.DH 2/90 • L--I 7. Property Owner's List and Addressed Labels NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, 1WO SETS OF THE PROPERTY OWNERS LIST, LABELS AND POSTAGE. THE APPLICANT SHALL. BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIIDED 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. 8. A typewritten list of the names and addresses of all property owners and occupants with ina 600 foot rad i us of subj ect property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. Two (2) separate sets of mailing labels of the property owners and occupants within a 600 foot radius of subject property. For any address other than single family residence, apartment. or suite number must be included. DO NOT TYPE ASSESSOH'S PARCEL NUMBER ON LABELS. Appl icant must submit separate che!ck to cover cost of postage. 600 Foot Radius Map A map to scale not less than 1" = 200' showing each lot within 600 feet of exterior boundaries of the subject property. Each of these lots shall be consecut i ve 1 y numbered and correspond with the property owner's list. The stale of the map may be reduced to a sca"le acceptab 1 e to the Pl ann i ng Di rector if the requ ired scale "j s impractical. L--I 9. Preliminary Hydrology map and calculations for lots exce!~ding one acre. Show before and after discharges to each included drainage basin. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). .I. ' . ' Proof of availability of sewer if located in the Leucadia County Water Di str; ct or the San Marcos WatE!!,.t Di stri ct. , 1 -~ J k) .~ ~\~~c"'" 'It! rYf {Ie 'I--W" "'-G\ : yo. 6...,. lor. I" I...6l fY\ v "'" I t" I l .".. A letter from the appropriate water district indicating that compliance with the Growth Management Performance Standard will bE! maintained with the proposed development. ARFRM003A.DH 2/90 ... " -"-L--I 13. ;Q;4. • 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. Statement of agreement to waive tentative tract map time limits. Required for tentative maps only when project required concurrent processing of planning application, or environmental review. Constraints Map (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.) L--I (1) Major ridge lines L--I (2) Distant views L.J (3) Internal views L--I (4) Riparian woodlands L--I (5) Intermittent drainage course L--I (6) 25 -40% slopes L--I (7) Slopes 40% and above L--I (8) Major rock outcroppings ~ (9) Easements LJ (10) Floodplains L.J (11) Archaeological sites L--I (12) Special planning areas L--I (13) Biological Habitats [;J 16. For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day: ARFRM003A.DH 2/90 /2 • • Two (2) copies of a Circulation Impact Analysis for the proj ect. The anal ys is must be prepared by an appropr i ate registered Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan. The following 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 c) Necessary calculations and/or analysis to determine intersection and road segment levels of service. d) Any proposed mitigation requirements to maintain the public facility standards. Two copies of preliminary soils/geologic report for all project w'ith cut or fill depths exceeding 5 feet. LJ 18. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with .. LJ 19. 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. L/ 20. For all condominium conversions, one copy of a compliance inspection performed by the Building Department. (Separate fee required.) LJ 21. For all condominium and planned development projects, eight (8) copies of 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. Fifteen (15) copies of the landscape plans shall be submitted by the applicant upon request of the project planner prior to approval of the project. Each L/ a. L/ b. L/ c. landscape plan shall include the following information: Landscape zones per the City of Carlsbad Landscape Guidelines Manual. Typical plant species and their size for each planting zone. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. ARFRM003A.DH 2/90 I: j , I : I '.1 '1 , I , I I 'I \.1 LJ LJ LJ d. • • Landscape maintenance responsibility (private or common) for all areas. e. Percent of site used for landscaping. For all condominium and planned development projects, eight (8) copies of the building elevations and floor plans (four (4) copies for projects with 4 or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations and floor plans shall be submitted by the appl icant upon request of the project planner prior to project approval. Each building elevation and floor plan shall include the following information: a. b. c. Floor plans with square footage included. Location and size of storage areas. All buildings, structures, walls and/or fences, signs and exterior lights. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY (SEE EXAMPLE ATTACHED TO ARCHITECTURAL GUIDELINES) ARFRM003A.DH 2/90 LITl vi CARLSBAD COUN4Il POLICY STATEMENT General Subject: SMAU. LOT SINGLE FAMILY HOMES Specific Subject: ESTABUSHING GUIDEUNES FOR THE DEVELOPMENT OF SMALL LOTS ~,-.pOlicy No. \ I I ~ J. . ate Issued , 1 ~~~~~.-----------~~ , Effective Date Cancellation Date Supersedes No. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE To provide guidelines to encourage the quality development of small-lot (less than 7500 sq.ft.) single family projects. The intent of the guidelines is to ensure. that units have buildin!~ articulation on all four sides and will not appear as "row" housing. They are primarily designed to apply to projects where there is a predominance .of two-story units. POUCY Guidelines for Small-Lot Single Family Projects 1 . In projects where there are three 2 story units in a row situated less than 15 feet apart, at least one 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 stC)ry edge for forty percent (40%) of the perimeter of the building. For the purpose of this guideline the single story edge shall be a minimum depth of three feet (3'). The units qualifying under the 33% shall be distributed throughout the project. The main purpose of this guideline is to ensure some building relief on the front and sides of each unit. 4. For at least 50% of the units in a project, there shall be at least three separate building planes on street side elevations of lots with 45 feet of frontage or less, and four 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 not be limited to building walls, windows and roofs. The minimum depth between th,e faces 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. • , STATEMENT OF AGREEMENT :rENTATIVE 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 th~ 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. I'f you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. I f 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. Phil Vaught, Vice President, FORM: PLANNING 37. REVISED 3/80 4/4,/QZJ Date Owner Relationship to Application (Property Owner-Agent) I l, Christine Cooley • • Carlsbad Municipal Water District 5950 EI Camino Real, Carlsbad, CA 92008 Engineering: (619) 438-3367 Administration: (619) 438-2722 Fax: (619) 431-1601 April 6, 1990 Crosby, Mead & Benton Associates 5966 La Plac~ Court suite 170 Carlsbad, California 92009 Subject: Planning Area #1.6, Aviara -N. E. Corner Alga Road & Blue Heron Way -CMWD Project No. 90-506 Dear Christine: The subject project is located within the Carlsbad Municipal Water District service area. Water service can be made available to each lot/unit when the District's approved water system improvement plans for the reclaimed and potable onsite and offsite systems for Aviara is accepted by the District and made completely operational. The applicant shall meet the condition of the Carlsbad Municipal Water District and its Water Master Plan. Installat10n of any facilities shall be in accordance with the District's "Standard Plans and Specifications" dated January 1987. The entire water system be evaluated in detail as assurance that adequate capacity for domestic landscaping and fire flow dem~nds are addressed. . The Devleoper/Owner shall meet with the Fire Marshal and the District Engineer and meet all requirements to provide fire, domestic and irrigational flows and will pay all costs associated with providing said service. "Serving Carlsbad for over 35 years" • Page two Crosby, Mead & Benton Associates April 6, 1990 • Regarding fees and deposits: The developer will be responsible for the major facility charge which will be collected at time of issuance of building permi t. Please contact the undersigned if you have any questions regarding this project. FJW:jcm CMWD 90-506 Very truly yours, F'~~ Eng~~~t.ii~9 Manager -\ • 8'-Z • DIFFE'RENT 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 QCitp of QCarisbab DEVELOPMENT PROCESSIN.G SERVICES DIVISION PUBLIC FACILITIES FEE REQUIREMENTS TELEPHONE (619) 438·1161 City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid .prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. This agreement form should. be completed by the Applicant and submitted as follows: 1. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. 2. Fill in the date the agreement is completed; the name and address of, the Developer, and Owner, if appropriate, and state if each is an individual, partnership, corporation, etc. 3. Fill in the type of project proposed to be constructed such as, a 12-unit condiminum or 30,000 square foot shopping center, etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request such as, a tentative map-, condominium permit, or rezoning, etc. 5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be an original. No reproduced copies will be accepted. G. Sign the. form in the presence of a Notary and have the Notary attach an Acknowledgement of Excution to the form. a. I nelude the title of the person signing the form (General Partner, Vice-President, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. Be sure the Notary form is the correct type; Individual, Partnership, or Corporation. 7. Use the attached form as an original. A reproduced copy will not be accepted. Submit the ori9inal of the agreement and one (1) copy. 8. A current copy of the preliminary Title Report must accompany each application. The preliminary Title Report must have been issued within the last six (6) months. . 9. Attach a check for $34.00, payable to "City of Carlsbad". 7/87 R~CORDING REQUEST"BY AND WHEN RECORDED· MAl L TO: CITY OF CARLSBAD 1200 EJm Avenue Carlsbad, California 92008 ) ) ) ) . ) ) • Spac~ above this line for Recorder's use Parcel No. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILlTJES FEE THIS AGREEMENT is entered into lis 5th day of. April 19 ~ by and between BRAMA.LEA CALIFORNIA, INC •. (Name of Developer) a CALIFORNIA CORPORATION , hereinafter referred to as ~~~~~~~~~~~~~~~----------(Corporation, partnership, etc.) "Developer" whose address is ONE PARK PLAZA, SUITE 1100 (Street) IRVINE, CALIFORNIA 92714 (City, State,' Zip Code) and BRAMALEA CALIFORNIA, INC. (Name of Legal Owner) a CALIFORNIA CORPORATION , hereinafter referred to as ~~(~I~n~d~iv~.i~d~u~a~I,~C~o~r~p~o~ra~t~io~n~,~·-e~t-c~.)~'~-------- "Owner" whose address is ONE PARK PLAZA, SUITE 1100 (Street) . IRVINE, CALIFORNIA 927~4 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose addre~s is 1200 Elm Avenue, Carlsbad, ~alifornia, 92008 • . REV 7-28-87 .~ .. .' '-. .. .' • • RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit II A" ; attached to and made a part of this agreement,. hereinafter referred to as II Propertyll; qnd WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: 56 Multi-family Condominium units in Aviara (Master Plan 177) on said Property, which development carries the proposed name of ____ _ CALADRIS AT AVIARA and is hereinafter referred to as II Developmentll ; and WHEREAS, Developer filed on the 4th day of April 19~, with the City a request for __ T_e_n_t_a_t_i_v_e_T_r .... a ... c_t_M_a_p_a_n_d_S_i_te_P_l_a_n_, __ Precise Development plan and Planned Development Permit Approvals hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent wit~ need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28,· 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and -2- REV 7-28-87 • • WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the flf.ture needs of the Development as it is presently proposed i but the Developer and Owner are aware that the City cannot and will not be aqle to make any such findings without financial assistance to pay for such services and facilities i and therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the convenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the" Development pursuant to the Request. The fee shan be paid prior to the issuance of building or other construction pe"rmits for the development and' shall be based on the valuation at . that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titl~s 18, 20 or 21-of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Mu"nicipal Code. Condominium shall include community apartment or stock cooperative. The terms nother construction permits", "other construction permit" and "entitlement for usell as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. -3- REV 7-28-87 4· I ;\ Developer and Owner .11 pay the City a public faci' ... :, s fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the Request. The fee shall· be paid 'prior to the issuance of building or other construction permits for 'the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above., If Developer and Owner offer to donate a site or sites for public facilities, the City shall. consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with th,e Cityis General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a pubiic facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. -4- REV 7-28-87 s. City . agr! to provide upon request r!nable assurances to enable Developer and Owner to comply with any requirements of other public agenCies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Oeveloper are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever uniess served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 I f notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed e.nvelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall ensure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Propedy, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. -5- REV 7-28-87 • • . . ' '-...J..-\"¥L..L!.~~4-\'-/"-I-.l"..L-_______ , befo~eme, the undersigned, a Notary Pliblic in and for .;~ :: ," . ,,' ; .. : :. .~. OFFICIAL SEAL SHERI L. PEARSON NOTARY PUBLIC· CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Aug. 30. 1991 (This area for official notarial seal) t-• " 1 " " . At' such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; pr-ovided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement" such successor has first assumed the obligations of owner in writing in a form ac~eptable to City. 9. This agreement shall be recorded bu~ shall not create a lien or $ecurity interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. I'N WITNESS WHEREOF, this agreement is executed in San Diego f~ County, California as of the ,date first written above. INC. :~ ~:~~~~~~~:;~~'~~-.::- --'-~(Signature) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney DEVELOPER: BRAMALEA CALIFORNIA, INC. TITLE_-__________ ~------ -CrTY OF CARLSBAD, a municipal corporation of the State of California BY ~M~A~R=T=I~N~O~R~E=N~Y~A--K------- For ,City Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 7-28-87 • • EXHIBIT "A" LEGAL DESCRIPTION BEING A SUBDIVISION OF LOT 90, OF MAP NO. 12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. WE crosll'Mead Benton & AsSOciatl . Planners • Engineers • Surveyors 5966 La Place Court. Suite I 7() Carlsbad. California 92008 (6 I 9) 438-I 2 I 0 ' LETTER OF TRANSMITTAL To ___ C~I~T~Y~O~F~C=AR==L~S~BAD~~----------D~ April 6, 1990 Ule _--=-____ _,_------- 2075 Las Palmas Dr. p~ject_A_v_i_a_r_a_P_.A_._l_6 __ ~-------- Carlsbad, CA 92009-4859 Attn. Planning Gentlemen: We are forwarding Item No. 1 2 3 4 5 6 7 8 9 10 11 12 Job No. __ 13_5_-_8 _____ File No. __ __ Tract No. _____ ---------- Cl By Mail ~ Messenger o Your Pick-Up Descripti0!1 8 copies of T.M. for Aviara P.A. 16 One copy 8~ X 11 site plans One copy of 8~'X Il_location map Environmental impact assessment form Application & disclosure statement Check for 12,700.00' 2 copies of preliminary title report. Preliminary hydrology report. Public Facility Agreement 1 original 1 copy Water Availability Soils report 2 copies Architectural guidlines co~pliance summary Rema~s: ______ ------------------------------------------------ This Material is sent for rJ. Checking o App~val a Information o Your Files o Per Your Request o O~er ________ ~ ___________ _ o Please sign ________ copies and retum 10 our office. Chri·stine Cooley, Processor By _____________________________________ _ Pbove material received by ______________________ Date ____ _ Please retum attached copy to above address. San Diego Branch Office: 1020 I Wareridge Circfe. Suite 260. San Diego. CA 92121 / (6 19) 535-0940 Orange County Office: 1 820 East Deere Avenue. Suite 1 20. Santa Ana California 92705 / {7 14} 26 1-9560 Los Angeles·county Office: q345 Balboa Boulevard. Suite 240. Encino. California 91316/ (818) 343-5384 Riverside County Office: 29377 Rancho california Rei. Suite 204. Ternecula California 92390 I (7 14) 676-606 I ·'1 I '!'!> ,IJ S'L,. M'LT .~~, fro '~l 1;;;>1 ,,' 1"'1 ,,' p"; TYPICAL SECTION EXiSt ALGA ROAO TYPICAL SECTION PRIVATE STREET 1'81" CO' corA" TYPICAL SECTION PINTAIL COURT } ~"':"'II ,,' "'Ic''''''' ~'~j'" ~ # ~ ~'HE~O~' TYPICAL SECTION PRIVATE DRIVEWAY , .. 1110' ~ It.' 1._,'eE w .. ·!~t<· tii i 'b:J 'RCC,.LEO CUll. (80TH 'IOtsl TYPICAL SECTION PRIVATE DRIVEWAY --------_. ---------. ,----. ---~ ·FINAL TENTATIVE MAP AVIARA· PLANNING AREA 16 CITY OF CARLSBAD Caladris. PROJECT TABULATION UNITS ALlOW£O NUI1BER OF" !.MIT'S -IZ, ~ Gl£ST PAA':ING 17 . at I AVIARA UN't:! pRCfOsrn O. ~ 17 !::!:.r!'?---.----~-~ --w--__ w __ _ __ OD--a ~ T&. ~ !.<!1 .-3ff-_,¥.i-_J/_~_ -- A ~ -.---- !Il.IaOIVI9tCN IICUoIDARY ~D SEWIER MAIN EX ISTING SEWER ""'IN ftftOPOSED WATER MIN EXISTING WATER MIN II'\ItCP05E:D.TORI'! nR#IIN P'ftOPOSED LOT LtHIE FINISH FUXlR ELEVATION LOT M..I18ER • STREET RIGHT-cJI'-¥Ay TCf' OF o.,R. E\.EYATlON STREET ELEVATICI't STREET GRAPIE 51..""" .... """""'*" aJNTllUI EUSTI~ CCNTDl.I't DAVLITI[ Ln. EIROM DlTo. ....u: ~IT 8CIIMOMV UNIT DESIGNATtD' "tAIL MVDRAHT PROPOSED S~ LIGHT AREA DRAINS RETAINING w.r.u. OWNER IQEVELOPER • BnAHELEA CA&..IFORNIA. lie. ONE PARK Pl..AZA SUITE: 1100 ltV IH£. CA SZ7l4 (714l 7M-7370 CC\IEREt) PM':ING -112 RECREATICI'I AREA -11.200 SF; • 112 1I,200·S.F ~..J~ 4/4610 A • STANOMO &lUILDING -2 l"tiIITS -:$ lJoIIT9 C.. -•• \,IoIIY!! LEGAL DESCRIPTION BEING A SU»OIVISIDN OF Lar to, " I'IAII' JIC. 12410, FILm IN nc OFFICE OF nc ccx...TY RECafD£R r7 SI:IH DIEGO ctl.NTY JUC: 2'11, 1.,..,. IN n£ CITY OF SAN OliGO, STAT£" OF CA(.tFO:;'Uj\. ENGINEER OF WORK CROSBY, tEAO, BENTON •• ASSOCIATES ~9b4 LA PLACE CCUR'T, SUITE 170 CARLSBAD. CA 92008 161'9) 4:sQ-1210 ~ -.~~x.. (BEI<TOfj'\l DAn: R.E.. 14~94 EXP. I)A1'E. 3/31"3 '-. ~ -'-" c:r. ~ENE~~_L NOTES ;;;a,REE'T AIGHT-CJI'-:l'!'V WID~ I'M StCIIoIIH C»I PtAII • ~:-... IHISH GflAOI:S -..cN4 HERIECN AA£ ~ltIl1An OtC.T 'ItJT M« SISlECT TO nc CITY " CAAl,SSAO' 9 PCl.ICV t»I SUHTANTIAL ctfoiFOI'trIAfCE TO APP'f'O'Y£D T£NTATJ\I'I 1".iIIoPS. 3. ~T. AS R£CUIRED ft CITY 1MI1..:Dt WILL _ ...,..... 4. CUT AHO FILL IILCP£S SHM.L .: 2s1 "",XI""'. s. .-u. ~ DESIGN TO CClf*a:I'I TO CITY aT~ I..N..ISS Ol'HElNISE SHCMoI I*JI£CN. •• IlXISTI ... GftOUC) CCKTt'U' I~ rs 21fT. Ut.S.L.) 7. Pt&.IC SERVICES AND DISTlUCTS. GA •• £UCTRIC -SAlol DI£GO GAl: • ELIC"ntIC T£1.EPHONE: -"~IFIC 8EU.. ""TER -CCSTA A£Al.. f'lJHICI~ MATIJIt DIllJUCT SEWEJII -CITY OF CMI..S.IAO STCRl't ORAIN ... CITY OF" CARLsaAO FIRE DISTRICT ""' CITY OF CARLSBAD 5O-IX'l. DISTRICT -CAR..SBAO \,IoIIFIED •• ALL PRC!PC5ED UTIl.ITIU TO • ~. 't. STRUT LIGHTS Ali ltEatJIRED av CITY OCUP€DI. 10. nISTU«J Z~U"h PC . " _.~ ZONING. jItC • _____ • __ • _____ ~ __ • __ _ 11. EXISTING GPI ""'""""" .... JItC. n. os, 1Lrr. ~. II'rIH ~. TS. 09, AU'I ........... tC ---12. IIIU.. LOTS TO PIE'%T "INI""'" MatJlFt£P'ENTI OF ~IJfIC 1'1" I'IIMT'P ....... 13. I"Ml.I"INARV SOILS R9ClRT JIA£PARE]) ft. ESERHAItT " STCNi 733 W. TAfT "ORANGE. CA 92S6S t7141 921""'4810 14. SITE MEA -ll47 At. IS. ESTIMTED ovtRAU. GRADIJrcG QUMTITlE'Sh 30,000 c.~ u.. TOTN.. foU'I8EJt r:I LOTSI Z \DTS TOTH.. N..I1S£1i1 OF LWtTSI &a lHTS 17. tW£RAGI( ~IL.Y TNoFFIC 9EJClIIATG rt nc JIftOJECTI IS. TlC D£\IELOPEJIt ... Y FILE ~ f!'UW.. I'\AP!! II"RCIVID£D "...., MI£i. FILED FOR ~ IN n£ JU'£JtlCAl. SEQlJOCE SHOWN ON nc ~ T£HTATIY1: ftAII.. If!' nE !lE\IELCPEJII E1...ECTS TO SU .. rT PHoo\SED FINAL I'iAPS 0IJ1' r:. SAID NlrJERICPoL SEQleC:E, THEN TIC O£\f[LCPER~ St-iAU. APPl.Y FeR SUCH PERPlISSION ~T TO CAALSBAD' '9 tutlC1PAL CODE SECTIeJrI 20.:20.0:20 AND .... 101 SI-W.l.. REQUIRE Al.L CDiDITIOHS tF PRE~IPtQ ~SES TO lIE CCI'F\..£TED IN-ESS OTli£RWI5C APPROVED IiY ll£ CITY ENGI,.p AHa Pl..ANUN6 DIRECTOI'I .. nus TENTATIVE hAIl IS CONI!iIS';£HT "ITW THII[ "AClf!'tC 1'1" COt.»n'MY C .. U8 AND RESORT 11AS~ Pl....QH. Tl-E GElERAl. ~ r:I TIC CtTY OF" CMLS~ NtO ll£ LOCAL COItGTH. 1I'\..PoH. 20. TWIll T£NTATIVE I1AP AS CaoCHTICt..1!:D r€flS 01'1 EXc:aDS AU.. ~"'IC' FACILITY REQUIRaEMTS CF 1lE CITY ec CARt..SIiUloO. 21.. ~0It SLOPES SKAt..L _ aNT~D AHtl RD..NlED TO l.N:U..ATE IN " NAT'\.'AA.IIED FASHION. '22. ntIs SUBDIVISION IS NOT SlJB.JECT TO INUNDATION OR F1..00D. :2J. NO Ul9TINCJ STIn..IC'flR£S (JIt TREES ME .. lnHN nus PRO.:IECT. :24.. Assa;:S~'S PMCEt. N.Jr1BERS. ZIS-04Q-I' Crosby M.ad Banton & R.ssodatcs -. ~.-_U_c-t._\,...~~ __ HI_I'" DATE 0" PRfPAlWlON' 4/'21~ J.N.13&-a ,. ..... '1 ... .1 .~ =~ l \' ",.l ........... 1- IT ... - ENTRANCE DETAIL SCAlE"--zo' ~-.---. r~~: B, \' . !'iJ ~ ~ " S tt6.4-/7'17"€ 4/000' \ I ( . SHEET 2 OF 3 AVIARA PLANNING AREA 16 CITY OF CARLSBAD ~.~;;-.. C. T. " ,'-.~, •. J . ~ 1J~,o(ri . r ' ~. .... 40 0 40 { \ \~. ~ C ! I \ """ ~ , (. _ .. ~I..t.·I··~O' ., ""'"" ~ CD AV/hAA 7fF """"" I <" Avwv. ffr ~F Crosby ~ knton & IlssocIcIhs _ ......... --_'"" ___ ''' ___ ... _1." ~·./a/"_ ~_p....~ .. ...... lse~e · " ,.1_(1. .: .:;.~"' .... _ l:.-,--. ,-;.; . c~-~:! k' =~_:='-~ _~~~ _. __ ~_""=.!: __ {~'?;!.'"::4~ ___ ~" ___ " _"_.~:.L". --'~....=.::.---:. -