HomeMy WebLinkAboutCT 92-02B; PARKSIDE; Tentative Map (CT)CITY OF CARLSBAD
IPW LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPARTMENT
Administrative Permit - 2nd Planned Industrial Permit
Dwelling Unit
Administrative Variance Planning Commission
Determination
Coastal Development Permit Precise Development Plan
D Conditional Use Permit Redevelopment Permit
Condominium Permit Site Development Plan
Amendment
Environmental Impact Special Use Permit
Assessment
General Plan Amendment Specific Plan
Hillside Development Permit Tentative Parcel Map
Obtain from Engineering Department
Local Coastal Plan Amendment Tentative Tract Map
Amendment
Master Plan Variance
Non-Residential Planned 0 Zone Change
Development
Planned Development Permit List other applications not
Amendment specified
(FOR DEPARTMENT
USE ONLY)
214-544-04 2) ASSESSOR PARCEL NO(S).:
3) PROJECT NAME: Parkside
4) BRIEF DESCRIPTION OF PROJECT: Amendments to previous approvals (CT 92-02 /
PUD 92-03 / SDP 92-06) to allow for 48 single family homes.
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
Shea Homes Land Holdings LLC Shea Homes Land Holdings LLC
MAILING ADDRESS MAILING ADDRESS
10721 Treena Street, Suite 200 10721 Treena Street, Suite 200
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
San Diego, CA 92131 (619) 549-3156 San Diego, CA 92131 (619) 549-3156
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
KNOWLED CORRECT T BEST OF MY KNOWLEDGE.
SIG NATURE Rick Schroeder DATE SIdWATURE Rick Schroeder DATE
7) BRIEF LEGAL DESCRIPTION Lot 141 of CT 92-02, City of Carlsbad, according Map No.
13378, filed in the office of the County Recorder, December 9, 1996
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 16 PAGE 1 0F2
6 0
8) LOCATION OF PROJECT: NA
STREET ADDRESS
ON THE east I SIDE OF Hidden Valley Road
(NORTH. SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I Plum Tree Road 1 AND I De Las Ondas 1
(NAME OF STREET) (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE I 20
10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING 12) PROPOSED NUMBER OF
[5 RESIDENTIAL UNITS 0 RESIDENTIAL UNITS 48
13) TYPE OF SUBDIVISION I 1 14) [RES I PROPOSED (ND OFFICE!
SQUARE FOOTAGE 0 15)
J
PROPOSED COMM
SQUARE FOOTAGE 1 0 I
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE [ 8
17) PROPOSED INCREASE IN
ADT '480 18)
I
PROPOSED SEWER
USAGE IN EDU [8
19) GROSS SITE ACREAGE I 20) EXISTING GENERAL 1 21) RM PROPOSED GENERAL I L 7.5 if PLAN j PLAN DESIGNATION RM
22) EXISTING ZONING I l 23) PROPOSED ZONING DM-c DM-Q
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS 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 B/ Lang Holdings Two LLC, By CNB Realco LLC, Member, By Cv1B Associates, Inc., Manag
SIG1ATURE Vice President
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
C7 92 .c Z (-f 1' -
Pu7 c2
pF:F /fZ'\ 50
TOTAL FEE REQUIRED
F
MAR 091998
CITY OF CARLSBAD
DATEPS !N
DEPT
PPLICATION RECEIVED
- RECEIVED BY:
DATE FEE PAID RECEIPT NO. I u1325l
Form 16 PAGE 2 OF 2
AICATION REQUIREMENTS FOR 40
IL TENTATIVE TBACT MAPS (AND REVISIONS)
TENTATIVE PARCEL MAPS
QNDOMThTUM PERMITS
PLANNED DEVELOPMENT PERMITS (FOR RESIDENTIAL PROJECTS ONLY)
A proposed project requiring that thültiple alicaiions befile&thuàthl prior 3:30 p.th A
proposed project requiring That only one application be filed must be sabrnitthd prior to 400 p.m -.
All joiiitapplicatiàn è*hibiti(i.e, Te tathè:MidP1nnd.Dev iient:SiPlanshldprepared
at the same scale (use a acale n smaller Than r = 40). In addition all plans shall be fully dimensioned
(i e., sethacks, height, road widths, parkmg spaces, planters, yards. etc..) The following materials shall be
submitted for each application except as noted in "UI. OTHER REQUIREMENTS" K and L under
Property Owner's list and address labels.
I. r;i
. A. SITE PLAN: ten (10) copies on a 24" x 36" sheet(s)folded to 8 1/2" x 11" size. Fifteen (15)
copies of the site plan shall be submitted by the applicant upon request of the project planner
I prior to approval of the project. Each site plan shall contain the following information:
General Information:
a. Name and address of owner whose property is proposed to be subdivided and the
name and address of the subdivider:
0 b. Name and address of registered civil engineer, licensed surveyor. landscape architect
or land planner who prepared the maps:
0 C. North arrow:
0 d. residential, commercial. industrial or other uses:
0 g. Tentative Map number in upper right hand corner City to provide number at time
of application).
0 h. Number of units to be constructed when a condominium or community apartment
project is involved: Total number of lots proposed.
0 i. Name of sewer and water district providing service to the project.
0 J. Average Daily Traffic generated by the project broken down by separate uses.
0 k. Name of School District providing service to the project.
0 1. Proposed density in lots or dwelling units per acre.
m. Existing Zone and General Plan Designation.
L.. a. Site acreage.
FT.?—M0003 2,'96 ?ge ji• -
:. Site information:
a. General
1) Approximate location of existing and proposed building and permanent
structures:
2) Location of all major vegetation. shoing size and type:
3) Location of railroads:
E 4) Legal description of the exterior boundaries of the subdivision (approximate
bearings, distances and curve data):
5) 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.
17 9) Show site details for all recreation tots or areas (when applicable).
17 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 gracies in excess of 7%. Streets should be in
conformance with City Standards and Engineering Department Policies.
2' Name. location and width of exist:ng adjacent streets and alleys.
E 3) Typical street section for all adjacent streets and streets within the project.
1-1 4) Width and location of all existing or :roDosed public or private easements.
71 5) Public and private streets and utilities clearly identified.
6) Show distance beo.veen all intersec::cns and medium and high use driveways.
71 Clearly show parking stall and isie .lmensions and truck turning radii for all
parking areas.
E 8) Show access points to adjacent unde'. eloped lands.
Q) Show all existing and proposed street .hts and utilities se'.er. water, major gas
and fuel lines, major electric and :e:cnone :aciiities) within ann adjacent to the
project.
I O' Sho\ all fire hydrants located tzh:n )0 feet of the site.
F'RMOI)03 Pauc -
JLduL!1. dilU UIdI[idC
1) Appro.Seente contours at I' intervals for slopes lhan 5%-:2' intervals for
slopes 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.
E 2) Earthwork volumes: cut. fill, import and export
E 3) Spot elevations at the corners of each pad.
4) Method of draining each lot. Include a typical cross section taken parallel to the
frontage for lots with less than standard frontage.
5) Location, width and/or size of all watercourses and drainage facilities within and
adjacent to the proposed subdivision: show location and approximate size of any
proposed detention/retention basins.
6) Clearly show and label the 100 vear flood line for the before and after conditions
for any project which is within or adjacent to a FEMA flood plain.
f—B. LANDSCAPE PLANS: for all condominium and planned development projects. ten (10) copies
(four (4) copies for projects with four or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2"
x 11' size. Fifteen (15) copies of the landscape plans shall be submitted by the applicant upon
request of the project planner prior to approval of the project. The scale should be consistent
) with all other exhibits. Each landscape plan shall include the following information:
(5 - 1. Landscape zones per the City of Carlsbad Landscape Manual.
2. Typical plant species. quantity of each species. and their size for each planting zone in a
legend (Use symbols).
3. An estimate of the yearly amount of iigation (supplemental) water required to maintain
each zone.
4. Landscape maintenance responsibility (private or common) for all areas.
5. Percent of site used for landscaping.
1, 6. Water Conservation Plan.
C. BUILDING ELEVATIONS AND FLOOR PLANS: for all condominium and planned
development projects. ten (10) copies (four (4) copies for projects with 4 or fewer units) on a
24" > 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen 15) copies of the building elevations
and floor plans shall be submitted by the applicant upon request of the project planner prior to
project approval. Each building elevation and floor plan shall inciude the following
information:
1. Floor plans with square footage included.
2. Location and size of storage areas.
3. All buildings, structures. walls and,'or fences, signs and exterior lights.
FRM0003 2/96 . of -
- cievations.
Indicate on all b ing elevations, compliance with Carlsbeight Ordinance 21.04.065.
D. CONSTRAINTS MAP: at the same scale as other exhibit (i.e.. Tentative maps. Site Plan. etc.).
(2-1 ' 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
I applicable.
I. Major ridge lines
2. Distant views
3. Internal views
4. Riparian or woodlands
5. Intermittent drainage course
6. 25 - 40% slopes
7. Slopes 40% and above
S. Major rock outcroppings
9. Easements
10. Floodplains
11. .Archaeological sites
12. Special planning areas - type of special planning area
13. Biological Habitats. Indicate the location f .oastal sage scrub and chaparral plant
communities existing on the site
14. Beaches
15. Permanent bodies of water
16. Wetlands
7. Land subject to major power transmission easerents
8. Railroad track beds.
E. COLORED SITE PLAN AND ELEVATION PLAN- Not required with first submittal and not
required for tentative parcel maps). It is the .ApDiicant's responsibility to bring one I 1) copy
of a colored site plan and one (1) copy of a colored ievation to the Planning Department by
12:00 noon. eight (8) days prior to the Planning Commission meeting. Do not mount
exhibits.
FR-\10003 2.96 Page 4 o f -
r. rctuLLtlJ It 1/LAN AND 5UILL)IN(J ELEVATIONS: one (1) copy 8 1/2"x 11". These
plans must be of quality that is photographically reproducible. These are not required with first
submittal but will be rested at a later time by your project plr.
G. LOCATION MAP: one (1) copy 8 1/2" X 11" (suggested scale 200" - vicinity maps on the 'site
plan are not acceptable).
II. DOCUMENTS
I A. Environmental Impact Assessment Form (separate fee required). Required for tentative parcel
maps only where significant grading is proposed. Check with Planning staff to determine if
required for your application.
B. Public Facility Agreement: Two (2) copies: One (1) notarized original and one(l) reproduced
copy. (Separate fee required).
C. Disclosure Statement.(Not required for tentative parcel maps.)
Ob E D. Three (3) copies of the Preliminary Title Report (current within the last six (6) months).
Wk E. Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos
Water District.
F. School District letter indicating that school facilities will be available to the project.
G. Statement of agreement to waive tentative parcel man time limits. Required for tentative maps
only when project requires concurrent processing of planning application, or environmental
review.
c EfJ H. All projects must evaluate their potential impacts on the regional transportation system.
including the costs of mitigating the associated impacts, as required by the SANDAG
I Congestion Management Program (CMP).
For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per
day or 200 or more peak-hour vehicle trips:
Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be
prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must
show project impacts to all intersections and road segments identified as impacted within the
included Local Facilities Management Plan or as otherwise determined in discussions with staff.
The following minimum information should be included with the stud:
8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads. background and project
AM and PM peak hour impacts and traffic distribution.
2. Project traffic generation rates and traffic assignment.
3. Necessary calculations and/or analysis to determine intersection and road segment levels
of service.
4 Any proposed mitigation requirements to maintain the public facility standards.
5. On Collector streets and above, an analysis of the need for a traffic signal '.viil be required.
"Lare" projects: Any project which. upon its completion will be expected to generate either
an eauivalent of 1400 or more average daily vehicle trips 00 or more peak-hour vehicle
FRM0003 2/96 Page 5 of -
trips. inc1uing 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 ManagertProgram (CMP) and will be subject enhanced CEQA review as
specified in the CMP.
Depending upon the complexity of the project. the City of Carlsbad reserves the right to require
a traffic study on any project.
I. Noise study consistent with City of Carlsbad Noise Guidelines Manual.
J. Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding
5 feet.
K. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of
the State Map Act will be complied with.
L. For all condominium conversions, a letter from San Diego Gas and Electric company stating
that plans to convert the gas and electric system to separate systems have been submitted and
are acceptable.
III. OTHER REOUIRE'ffNTS
A. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after
discharges to each including drainage basin.
N B. For all condominium conversions. one copy of a compliance inspection performed by tie
Building Department. (Separate fee required.)
C. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF APPLICABLE
(SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF SMALL LOTS. AS
/ ATTACHED.)
D. Photographs of the property taken from the north. south. east and west.
E. Construction materials board and color samples i.e.. rooting, exterior walls, pavement, glass.
wood etc.)
EJ F. Pursuant to Section 21.45.040(6) of Title 21 applications for planned developments on
properties designated or zoned for single family development shall be accompanied by a
preliminary tentative map. This map shall illustrate how many standard lots conforming to
applicable zoning and subdivision standards served by public streets could fit on the site. The
design of this preliminary tentative map shall comply with all applicable City Ordinances and
Standards except for the design standards of the Planned Development Ordinance. The
applicant shall also submit maps. diagrams, plans and a report showing that the proposed
planned development will result in superior residential development consistent with the purpose
and intent of the Planned Development Ordinance. The denstv on the developed portion of the
planned development site shall be similar to and compatible with surrounding development.
G. Signed "Notice of Time Limits on Discretionary Applications".
H. Completed "Project Descriptioii'Expianation' sheet.
FLI 1. Deposit for Publication Notices - See Fee Schedule or amount.
FRM0003 196 Page o of -
J. If your project will include signage at some time in the future. you must submit a proposed sign
program as part of thplication. The program should be prcd as separate exhibits and
should include the fol ing informtiori: Proposed sign location, dimensions, area, materials,
sign copy and colors.
oyk 107 K. Property Owner's List and Addressed Labels
NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY
THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE
APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP. TWO SETS OF THE
PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED
TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED
REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN
DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD
UNTIL THIS INFORMATION IS RECEIVED.
A typewritten list of the names and addresses of all property owners within a 600 foot
radius of subject property (including the applicant and/or owner). The list shall include the
San Diego County Assessor's parcel number from the latest assessment rolls.
Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of
the subject property. The list must be typed in all CAPITAL LETTERS, left justified.
void of any punctuation. For any address other than a single family residence. an
apartment or suite number must be included but Apt.. Suite, and Bldg. # must NOT appear
in the street addres line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY.
Acceptable fonts are: Swiss 721, Enterprise TM. Courier New (U) no larger than I Ipt.
Sample labels are as follows:
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.. Apt =0
Carlsbad. CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad. CA 9008
ACCEPTABLE
MRS JANE SMITH
APT #3
123 MAGNOLIA AVE
CARLSBAD CA 92008
L. 600 Foot Radius Mao
A map to scale not less than 1" = 200' showing each lot within 600 feet of exterior boundaries
of the subject property. Each of these lots shall be consecutively numbered and correspond with
the property owner's list. The scale of the map may be reduced to a scale acceptable to the
Planning Director if the required scale is impractical. For tentative parel maps. a map to scale
on an 8 1/2 x 11 inch sheet. showing each lot within 300 feet of the exterior boundaries of the
subject project.
FRM0003 2/96 Page - of -
S
GUARANTEE
r' AMEj I
4
First American Title Insurance Company
II
123045 Form No. 1282 (Rev. 12/15/95)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in
taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the
public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water,
whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of
the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description
set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to main-
tain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and
specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed
to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-
judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee
mean:
(a) the "Assured": the party or parties named as
the Assured in this Guarantee, or on a supplemental
writing executed by the Company.
(b) "land": the land described or referred to in
Schedule (A)(C) or in Part 2, 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)(C) or
in Part 2, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways
or waterways.
(c) "mortgage": mortgage, deed of trust, trust
deed, or other security instrument.
(d) "public records": records established under
state statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured
Claimant.
An Assured shall notify the Company promptly in
writing in case knowledge shall come to an Assured
hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as stated
herein, and which might cause loss or damage for
which the Company may be liable by virtue of this
Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall termi-
nate 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 Assured under this Guarantee unless the
Company shall be prejudiced by the failure and then
only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute
any action or proceeding to which the Assured is a
party, notwithstanding the nature of any allegation in
such action or proceeding.
4. Company's Option to Defend or Prosecute
Actions; Duty of Assured Claimant to
Cooperate.
Even though the Company has no duty to defend
or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole
option and cost, to institute and prosecute any action or
proceeding, interpose a defense, as limited in (b), 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 stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the
Assured. The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall
be liable hereunder, and shall not thereby concede lia-
bility or waive any provision of this Guarantee. If the
Company shall exercise its rights under this paragraph,
it shall do so diligently.
(b) If the Company elects to exercise its options as
stated in Paragraph 4(a) the Company shall have the
right to select counsel of its choice (subject to the right
of such Assured to object for reasonable cause) to rep-
resent the Assured and shall not be liable for and will not
pay the fees of any other counsel, nor will the Company
pay any fees, costs or expenses incurred by an Assured
in the defense of those causes of action which allege
matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an
action or interposed a defense as permitted by the pro-
visions of this Guarantee, 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 an adverse judgment or order.
(d) In all cases where this Guarantee permits the
Company to prosecute or provide for the defense of any
action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the
defense of any action or proceeding, and all appeals
therein, and permit the Company to use, at its option,
the name of such Assured for this purpose. Whenever
requested by the Company, an Assured, at the
Company's expense, shall give the Company all reason-
able aid in any action or proceeding, securing evidence,
obtaining witnesses, prosecuting or defending the
0on or lawful act which in the opinion of the Company
may be necessary or desirable to establish the title to
the estate or interest as stated herein, or to establish the
lien rights of the Assured. If the Company is prejudiced
by the failure of the Assured to furnish the required
cooperation, the Company's obligations to the Assured
under the Guarantee shall terminate.
5. Proof of Loss or Damage.
In addition to and after the notices required under
Section 2 of these Conditions and Stipulations have
been provided to the Company, a proof of loss or dam-
age signed and sworn to by the Assured shall be fur-
nished to the Company within ninety (90) days after the
Assured shall ascertain the facts giving rise to the loss
or damage. The proof of loss or damage shall describe
the matters covered by this Guarantee which constitute
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 Assured to provide the required proof of loss or
damage, the Company's obligation to such Assured
under the Guarantee shall terminate. In addition, the
Assured may reasonably be required to submit to exam-
ination 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 repre-
sentative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the
Company, the Assured shall grant its permission, in
writing, for any authorized representative of the Com-
pany to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in
the custody or control of a third party, which reasonably
pertain to the loss or damage. All information desig-
nated as confidential by the Assured 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 Assured to submit for examination
under oath, produce other reasonably requested
information or grant permission to secure reasonably
•essary information from third parties as required
.' .
SCHEDULE A
PROPERTY OWNER'S NOTICE
ORDER NO. 152998-M LIABILITY $200.00 FEE $125.00
1. NAME OF ASSURED: THE CITY OF CARLSBAD
2. DATE OF GUARANTEE: OCTOBER 31, 1998
THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE:
1. THAT, ACCORDING TO THE LAST EQUALIZED ASSESSMENT ROLL
("ASSESSMENT ROLL") IN THE OFFICE OF SAN DIEGO COUNTY
ASSESSOR'S OFFICE
A. THE PERSONS LISTED BELOW AS "ASSESSED OWNER" ARE
SHOWN ON THE ASSESSMENT ROLL AS OWNING REAL
PROPERTY WITHIN 600 FEET OF THE LAND IDENTIFIED ON
THE ASSESSMENT ROLL AS ASSESSOR'S PARCEL NUMBER(S):
214-544-04
B. THE ASSESSOR'S PARCEL NUMBER (APN) AND ANY
ADDRESSES SHOWN BELOW ARE AS SHOWN ON THE
ASSESSMENT ROLL.
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
S ..' -ç AMEJ 1 .
FirstAinerican Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE
CONDITIONS AND STIPULATIONS OF THIS GUARANTEE,
FirstAinerican Title Insurance Company
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set
forth in Schedule A.
FirstAmerican Title Insurance Company
BY _) 1 '7 PRESIDENT
BY r ~T SIGNATORY
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T2
24.
19t38
(5 continued)
in the above paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of
the Company under this Guarantee to the Assured for
that claim.
6. Options to Pay or Otherwise Settle Claims:
Termination of Liability.
In case of a claim under this Guarantee, the
Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of
Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle
or compromise for or in the name of the Assured any
claim which could result in loss to the Assured within
the coverage of this Guarantee, or to pay the full amount
of this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the indebt-
edness secured by said mortgage or said lien for the
amount owing thereon, together with any costs, reason-
able attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the
Company up to the time of purchase.
Such purchase, payment or tender of payment of
the full amount of the Guarantee shall terminate all lia-
bility of the Company hereunder. In the event after
notice of claim has been given to the Company by the
Assured the Company offers to purchase said indebted-
ness, the owner of such indebtedness shall transfer and
assign said indebtedness, together with any collateral
security, to the Company upon payment of the purchase
price.
Upon the exercise by the Company of the option
provided for in Paragraph (a) the Company's obligation
to the Assured under this Guarantee for the claimed loss
or damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4, and the Guarantee shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other
Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or
in the name of an Assured claimant any claim assured
against under this Guarantee, together with any costs,
attorneys' fees and expenses incurred by the Assured
claimant which were authorized by the Company up to
the time of payment and which the Company is obligat-
ed to pay.
Upon the exercise by the Company of the option
provided for in Paragraph (b) the Company's obligation
to the Assured under this Guarantee for the claimed loss
or damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against
actual monetary loss or damage sustained or incurred
by the Assured claimant who has suffered loss or dam-
age by reason of reliance upon the assurances set forth
in this Guarantee and only to the extent herein
described, and subject to the Exclusions From Coverage
of This Guarantee.
The liability of the Company under this Guarantee
e Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or
in Part 2;
(b) the amount of the unpaid principal indebted-
ness secured by the mortgage of an Assured mortgagee,
as limited or provided under Section 6 of these
Conditions and Stipulations or as reduced under Section
9 of these Conditions and Stipulations, at the time the
loss or damage assured against by this Guarantee
occurs, together with interest theron; or
(c) the difference between the value of the estate
or interest covered hereby as stated herein and the value
of the estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or
removes the alleged defect, lien or encumbrance, or
cures any other matter assured against by this
Guarantee in a reasonably diligent manner by any
method, including litigation and the completion of any
appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be
liable for any loss or damage caused thereby.
(b) In the event of any 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 stated herein.
(c) The Company shall not be liable for loss or
damage to any Assured for liability voluntarily assumed
by the Assured in settling any claim or suit without the
prior written consent of the Company.
9. Reduction of Liability or Termination of
Liability.
All payments under this Guarantee, except pay-
ments made for costs, attorneys' fees and expenses
pursuant to Paragraph 4 shall reduce the amount of
liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing
this Guarantee for endorsement of the payment unless
the Guarantee 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 thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and
paid a claim under this Guarantee, all right of subroga-
tion shall vest in the Company unaffected by any act of
the Assured claimant.
The Company shall be subrogated to and be
entitled to all rights and remedies which the Assured
would have had against any person or property in
respect to the claim had this Guarantee not been issued.
If requested by the Company, the Assured shall transfer
to the Company all rights and remedies against any per-
son or property necessary in order to perfect this right
of subrogation. The Assured shall permit the Company
to sue, compromise or settle in the name of the Assured
and to use the name of the Assured in any transaction
or litigation involving these rights or remedies.
If a payment on account of a claim does not fully .
the loss of the Assured the Company shall be
subrogated to all rights and remedies of the Assured
after the Assured shall have recovered its principal,
interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the
Company or the Assured may demand arbitration pur-
suant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters
may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out
of or relating to this Guarantee, any service of the
Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitra-
ble matters when the Amount of Liability is $1,000,000
or less shall be arbitrated at the option of either the
Company or the Assured. All arbitrable matters when
the amount of liability is in excess of $1,000,000 shall
be arbitrated only when agreed to by both the Company
and the Assured. The Rules in effect at Date of
Guarantee shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state
in which the land is located permits a court to award
attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the
Company upon request
13. Liability Limited to This Guarantee;
Guarantee Entire Contract.
(a) This Guarantee together with all endorsements,
if any, attached hereto by the Company is the entire
Guarantee and contract between the Assured and the
Company. In interpreting any provision of this
Guarantee, this Guarantee shall be construed as a
whole.
(b) Any claim of loss or damage, whether or not
based on negligence, or any action asserting such
claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this
Guarantee can be made except by a writing endorsed
hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant
Secretary, or validating officer or authorized signatory of
the Company.
14. Notices, Where Sent.
All notices required to be given the Company and
any statement in writing required to be furnished the
Company shall include the number of this Guarantee
and shall be addressed to the Company at 114 East Fifth
Street, Santa Ana, California 92701.
L1.117O IL1;2 .LI/Ir INV. t.)IQ
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Lc a ZI o' )L iLI
SCHEDULE A
Order Number: 96117662 Policy No.: 2701-90-228581
Amount of Insurance: $ 3,850,000.00
Premium: $ 31650.00
Date of Policy: December 24, 1997 at 08:00 a.m.
1. Name of !nurod:
DMB/AEW Lard Holdings Two LLC, an Arizona Limited Liability Company
2. The estate or interest in the land described herein and which is covered by this policy is:
A Foe
3. Title to the estate or interest in the land is vested in:
DMB/AEW ind Holdings Two LLC, an Arizona Limited Liability Company
4. The land ref arred to in this policy is situated in the city of carlsbad, County of San Diego, State
of California, and is described as follows:
SEE EXHIBIT ONE" ATTACHED HERETO AND MADE A PART HEREOF
RECEIVED
MAR 0 9 1998
AK
THIS POLIO? VALID ONLY IF SCHEDULE 3 IS ATTACHED
Lj )09 OU Q//9 ]U: Ui :LLiiJ r'u:ui
CLTA Standard Pclicy- 1990 Form Order No. 98117562
Policy No 27-01-90-228581
EXHIBIT "ONE"
Lot 141 of CARLSBAD TRACT NO. 9202, in the City of Carlsbad. County of San Diego, State of
California, according to Map thereot No. 13378, tiled in the Office of the County Recorder of San Diego
County, December 9, 1996.
2
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I
CLIA Standard Policy - 1990 Form
Order No. 98117562
Policy No. 27-01-90-228581
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (arid the Company will not pay costs, attorney's foes
or expenses) which arise by reason of:
PART I
All matters sat forth in paragraphs 1 through S inclusive on the cover of this policy under the caption
Parr I of Schedule B.
PART It
1. Property taxes, including any personal property taxes and any assessments col!ected with
taxes, for the fiscal year 1997-1998, Assessor's Parcel Number 214-544-04.
Code Area Number; 09i7
1st nstlfrnent: $6,705.28 Paid
2nd lnstelmdnt: $6,705.28 Open
Land: $576,097.00
Improvements; $0.00
Exempton: $None shown
Personal Property: $
2. The lien of 3upplemantal taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(Commencing with Section 75) of the Revenue and Taxation code of the State of
California.
3. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: San Diego Gas and Electric Company
Purpose: public utilities
Recorded: August 31, 1949, Book 3305, Page 151, of Official Records
Affects; as shown on the Map of said Tract
Refetencs is made to said document for full particulars.
3
UDC HOMES 619 509 6200 02125198 10:32 :05112 N0:018
.
.
CLTA Standard Policy 1990 Form Order No. 96117662
Policy No, 27-01-90-228581
4. Any discrep tncles in boundary or any rights which may arise or exist which are disclosed by
Record of
Survey No.: 9812
Recorded: October 13, 1984, Instrument/File No. 84-393591, of Official
Records
Affortc. Variou bound:Lriaa and dimertaiamcs of 3i4 1i'iii,
5. The her&ri described property lies within the boundaries of a Mello-Roos Community
Facilities District ("CFD"), as follows:
CFD No.: 3
For: The Community Facilities District No, 3 of the Carlsbad Unified
School District Facilities Benefit Assessment Area
Disclosed by: A Notice of Assessment
Recorded )uiy 27, 1995, Instrument/File No 1995-0322359, of Official
Records
This property, along with all other parcels in the C10, is liable for an annual special tax.
This special tax is included with and payable with the general property taxes of the County
of San Diego. The tax may not be prepaid.
Further information may be obtained by contacting: Said District.
6. Matters contained in that certain document entitled "Petition, Waiver, and Consent to
Creation of a Facility Impact Fee Program and Agreement to Pay Fair Share Cost of Alga
Road and Poinsettia Lane" dated August 3, 1995, executed by and between Sambi
Seaside Heights, LLC and The City of Carlsbad, recorded September 5, 1995,
Instrument/File No. 1995-0392214, of Official Records.
Reference is hereby made to said document for full particulars.
7. Mettets contained in that certain document entitled "Deed Restriction" dated July 26,
1995, executed by and between Sambi Seaside Heights, LLC I a California Limited Liability
Company and The California Coastal Commission, recorded September 8, 1995,
Instrument/File No. 1995-0401091, of Official Records, which dçment, amon9 othrir
uriy, cuntain3 or proviaes T0r as easement for open space as set forth in said
document. Said easement affects Lots 142, 143 and 144 of Tentative Map C.T. 92-02".
Reference is hereby made to said document for full particulars.
4
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fl
CLIA Standard Policy. 1990 Form Order No. 96117562
Policy No, 27-01-90-228581
S. Matters contained in that certain document entitled "Reimbursement Agreement" dated
September 13, 1995, executed by and between Christa M. McReynolds and Alan A.
McReynolds as Trustees of the McReynolds Family Trust under Declaration of Trust dated
February 21, 1989, Robert P. Kelly and Richard C. Kelly as Trustees of the Kelly Family
Trust under Declaration of Trust dated August 31, 1982, MSP California L.L.C., a Colorado
Limited Liability Company and Sambi Seaside Heights, a California Limited Liability
Company, recorded September 14, 1995, Instrument/File No. 1995-0410925, of Official
Records.
Reference is hereby made to said document for full particulars.
9. Matters contained in that certain document entitled "Hold Harmless Agreement Drainagu'
dated August 14, 1995, executed by and between Sambi Seaside Heights, LLC, a
California Limited Liability Company, recorded October 13, 1995, Instrument/File No.
1995-0464628, of Official Records.
Reference is hereby made to said document for full particulars.
10. Matters contained in that certain document entitled "Agreement Between Developer-Owner
and The City of Carlsbad for the Payment of a Public Facilities Fee for Inside the
Boundaries of Community Facilities District No. 1" dared November 28, 1995, executed
by and between Sarnbi Seaside Heights, L.L.C., a Limited Liability Corporation and The
City of Carlsbad, a municipal corporation of the State of California, recorded January 22,
1998, Instrument/File No. 1996-0030261, of Official Records.
Reference is hereby made to said document for full particulars.
11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Daniels Cablevision. Inc., a Delaware corporation
Purpose: Cable Television and Construction Wiring
Recorded: July 10, 1996, Instrument/File No. 1996-0345332, of Official
Records
Affects: As shown in said dccumot.
The exact toatlon and extent of said easement is not disclosed of record.
Reference is made to said document for full particulars.
UUL nvvc 'g (i) 309 OO 02125198 i0:5e L :ut'I r'io:uw
I
CLTA Standard Policy- 1990 Form Order No. 961 17582
Policy No. 27-01-90-228581
12. Eesem*nt() for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Seaside Heights Community Association, a California Nonprofit
Mutual Benefit Corporation
Purpose: Pedestrian Trail
October 22, 1996, Instrument/File No, 1996-535843, of Official
Records
Affects: As set forth In said document
Reference is made to said document for full particulars.
13. Easements) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Seaside Heights Community Association, a California Nonprofit
Mutual 2enefit Corporation
Purpose: Pedestrian Trail
Recorded: November 1, 1996, Instrument/File No, 1996-555002, of Official
Records
Affects: As shown on the Map of said Tract
Reference is made to said document for full particulars.
14. Eesemant(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Hidden Valley Townhomes Association, a California Nonprofit
Corporation
Purpose: Egress and Ingress over certain Association maintenance areas,
Including the right to construct, plant, improve, irrigate, repair,
replace and otherwise maintain the landscaping, and purposes
incidential thereto
Recorded: November 1, 1998, Instrument/File No. 1996-555004, of Official
Records
Affects: As shown on the Map of said Tract
Reference is made to said document for full particulars,
15. Covenants, conditions end restrictions (deleting therefrom any restrictions indicating any
preference, !imitation or discrimination based on race, color, religion, sex, handicap,
familial statue or national origin) as set forth in the document
Recorded: November 5, 1998, Instrument/File No. 1996-558207, of Official
Records
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I
CLTA Standard Policy- 1990 Form Order No, 96117562
Policy No. 27-01-90-228581
16. Mettars contained in that certain document entitled "Notice Concerning Aircraft
Environmental Impacts Case No, CT92-02(A)" dated October 23, 1996, executed by and
between Sambi Seaside Heights, LLC and the City of Carlsbad. recorded November 21,
1996, Instrument/File No. 1996-690840, of Official Records.
Reference is hereby made to said document for full particulars.
17. Matters contained in that certain document entitled "Notice and Waiver Concerning
Proximity of the Planned or Existing Aviara Parkway Transportation Corridor(s) Case No.
CT92-02(A)" dated October 23, 1996, executed by and between Sanibi Seaside Heights,
LLC and the City of Carlsbad, recorded November 21, 1996, Instrument/File No.
1996-590841, of Official Records.
Reference is hereby made to said document for full particulars.
18. Recitals as shown on that certain Map referred to in the legal description herein, which
among other things contains various provisions pertaining to the improving or developing
of the herein described :and.
Reference is made to said Map for full particulars.
19. Ea;emnt() for the purposes(s) shown below and rights incidental thereto as delineated
or as offered for dedication, on the map of said tract.
Purpose: 15 foot public storm drain
Affects: As shown on the Map of said Tract
20. The fact that the ownership of said land does not include rights of access to or from the
street, highway, or freeway abutting said land, such rights having been relinquished by the
map of said Tract.
Affacts: That portion of said lot abutting Hidden Valley Road
21, Recitals as shown under "General Notes" on that certain map recorded December 9, 1996,
Instrument/File No. 1 S96-613641, of Official Records, which, among other things states:
"The following lots have sight -distance corridors which restrict the height of landscaping
and structures to 30" above the street Lots 1, 6, 7 28, 29, 56, 57, 67, 68, 78, 79, 89,
90, 100, 101, "111, 112, 119, 134, 135, 137, 138 & remainder Parcel. The maintenance
of these sight corridors shall be the responsibility of the individual property owner.
7
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. 6
CLIA Standard Policy 1990 Form Order No. 96117662
Policy No. 27-01-90-228581
22. Mortars contained in that certain document entitled ""Affordable Housing Agreement
Imposing Restrictions on Reel Property"" dated November 18, 1996, executed by and
between the City of Carlsbad, a Municipal Corporation and Sambj Seaside Heights, L.L.C.,
recorded February 3. 1997, Instrument/File No. 7997-0045122, of Official Records.
Reference is hereby made to said document for full particulars.
23. A document entitled "Certified copy of Resolution No, 97-528 overruling and denying
protests and establishing bridge and thoroughfare District No. 2 (Aviara Parkway-Poinsettia
Lanai to finance the costs of major public improvements in said city" recorded July 22,
1997, as Pile No. 1997-0349124, of Official Records.
Reference is made to said document for full particulars.
:,u> oduu Ly :iu/i Nu:uIo
Order No.: 96117562
ENDORSEMENT
Attached to Policy No. 27-01-90-228581
Issued by
Fidelity National Title Company
The Company hereby insures the insured against loss which the insured shall sustain
by reason of any statutory lien for labor or material attaching to the estate or interest referred
to in Schedule A arising Out of any work of improvement under construction or completed at
Date of Policy.
This endorsement is made a part of the policy and is subject to all of the terms and
Provisions thereof and of any prior endorsements thereto, Except to the extent expressly
stated, it neither modifies any of the terms and provisions of the policy and any prior
endorsements, nor does it extend the effective data of the policy and any prior endorsements,
nor does it increase the face amount thereof.
Dated: December 24, 1997
Fidelity National Title
IP4SUANCE COMPANY
CLTA Fcrm 101.4 (Rev. 9-10-93)
CLTA Owner
uw.. riit oI Li9 ÔUU uII1 iu:o [..y :i ii le. IN&J.LIC,
. e
Order No.: 961 17562
ENDORSEMENT
Attached to Policy No. 27-01-90228581
Issued by
Fidelity National Title Company
The Company hereby insures the insured against loss which the insured shall sustain
by reason of any final judgment enforcing the covenants, conditions and restrictions referred
to in paragraph 8. 17 of Part Ii of Schedule 6, based upon a violation thereof on the land,
present or future.
For pUrposes of this endorsement, the words "covenants," "conditions" or
"restrictions" shall not be deemed to refer to or include any covenants, conditions or
restrictions relating to environmental protection, except to the extent that a notice of a
violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy and is not excepted in Schedule B.
This endorsement is made a part of the policy and is subject to all of the terms and
provisions thereof and of any prior endorsements thereto. Except to the extent expressly
stated, it neither modifies any of the terms and provisions of the policy and any prior
endorsements, nor does it extend the effective date of the policy and any prior endorsements,
not does it increase the face amount thereof.
I.. D.,tod: 24,
0 Fidelity National Title
INSURANCIE CDMrANY
CLTA Form 100.6 (Rev. 9-0-9)
ALTA or CLTA - Owner
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X r7F CITY OF CARLSBAD
1200 CARLSIA VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
434-2867
REC'D FROM (DC J1YY\X iiv DATE 1k
ACCOUNT NO. DESCRIPTION AMOUNT
2 0001
#
RECEIPT NO NOT VALID UNLESS VALIDATED BY TOTAL
Printed ®n recycled paper. CASH REGISTER
3. NON-PROFIT OR.NIZATION OR TRUST S
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust__________________________
Title
Address
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
Yes No If yes, please indicate person(s):_____________________________________
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date Rick Schroeder Signature of applicant/date Rick. Schroeder
Rick Schroeder Rick Schroeder
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
.
Disclosure Statement, Attachment
Parkside - CT 92-02(B)! PUD 92-03(B) and SDP 92-06(C)
Shea Homes Land Holdings, LLC
The following individuals own more than 10% of the shares of Shea Homes Land
Holdings, LLC:
General Partner J.F Shea Company, Inc. 655 Brea Canyon Road,
Walnut, CA 91789
Limited Partner Shea Investments 655 Brea Canyon Road,
Walnut, CA 91789
Limited Partner Tahoe Partnership I 655 Brea Canyon Road,
Walnut, CA 91789
Limited Partner Balboa Partnership 655 Brea Canyon Road,
Walnut, CA 91789
Limited Partner John F. Shea, Trustee 655 Brea Canyon Road,
John F. Shea Family Trust Walnut, CA 91789
Limited Partner Peter 0. Shea 655 Brea Canyon Road,
Walnut, CA 91789
Limited Partner Edmund H. Shea, Jr. Trustee 655 Brea Canyon Road,
Edmund and Mary Shea Real Walnut, CA 91789
Property Trust
_ City of Carlsbad
DISCLOSURE STATEMENT
Applicant's statement or 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.
The following information must be disclosed:
1. APPLICANT
List the names and addresses of all persons having a financial interest in the
application.
UDC Homes, Inc.
11512 El Camino Real, Suite 110
San Diego, CA 92130
2. OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
DMB/AEW Land Holdings Two, LLC
in do UDC Homes, Inc.
11512 El Camino Real, Suite 110
San Diego, CA 92130
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.
With respect to Owner, not applicable.
4
If any person identified pursuant to (1) or (2) above is a non-profit organization or a
trust, list the names and addresses of any person serving as officer or director of
the non-profit organization or as trustee or beneficiary of the trust.
With resoect to Owner, not applicable.
2075 Las Palmas Dr. • Carlsbad. CA 92009-1576• (619) 438-1161 • FAX (619) 438-0894
No
5. Have you had more tan $250 worth of business transacted with any member of
City staff, Boards, Commissions, Committees and/or Council within the past twelve
(12) months?
fl Yes p No If yes, please indicate person(s):__________________________
Person is defined as "Any individual, firm, co-partnership, joint venture,,, association, social club,
fraternal organization,. corporation, estate, trust,: receiver, syndicate, this:and any other county, city
and county, city municipality, district., or, other political -subdivision or any other group or
combination acting as a unit
NOTE: Attach additional sheets if necessary.
DMB/AEW Land Holdings Io LLC
By t'1B Realco LLC, Member
?'
vt
BØCNB sociates, Inc., Manager
F Uo
inature of owr(&/date
Its Vice President
&14W 3 IA I r-17,q
Sief applicant/date
L-0 i c . Letr
Print or type name of owner Print or type name of applicant
Disclosure Statement 10/96 Page 2 of 2
.
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Parkside
APPLICANT NAME: UDC Homes. Inc.
Please describe fully the proposed project by application type. 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:
The proposed project includes the processing of a Tentative Map Amendment, Planned Development Permit
Amendment, and Site Development Plan Amendment to CT 92-02, PUD 92-03, and SDP 92-06 for
"Pa:cside" (Planning Area D of Sambi). The site's approved teative map (CT 92-02) allows for the
cor struction of 76 townhome units. The proposed amendment:, will allow for the subdivision of the site's
one parcel into 48 single-family residential lots, 4 private street lots, and 4 open space lots with RV parking
on 7.51 acres.
Parkside is located within Sambi (at the southeast corner of Plum Tree Road and Hidden Valley Road) and
Local Facilities Management Plan Zone 20. Existing land uses adjacent to Parkside include vacant land to
the north, single family homes to the east, vacant land and single family homes to the south, and the
Poinsettia Community Park to the west.
The project site has been graded as part of the mass grading for the entire Sambi area. Finish grading for the
project will involve 400 cubic yards of cut, 21,000 cubic yards of fill, and 20,600 cubic yards of import. The
project will therefore involve 2,796 cubic yards per acre.
The product proposed by UDC Homes is as follows: Plan 1 is 1,880 square feet with a building height of
25.0 feet; Plan 2 is 2,033 square feet with a building height of 26.0 feet; Plan 3 is 2,100 square feet with a
building height of 25.5 feet. Plan 4 is 2,330 square feet with a building height of 26.0 feet. The proposed
product will result in a reduction to view impacts since CT 92-02 allowd for a maximum building height of
27.0 feet and the proposed product will have a maximum height of 26.0 feet. All of the homes will include
front porches and two car garages.
MAR 0 9 128
CITY OF CA, -40 PLANNING
Rev. 10/96 Page 1 of 1
*1
PARKSIDE
UDC
SMALL LOT SINGLE FAMILY GUIDELINES
s9%
VA
r4 - 2/17/98
GUIDELINE MINIMUM % OF COMM'
STANDARD COMPLIANCE
1. Where (3) two-story units occur in a row and they are situated less than 15 feet apart, 1 of 3 100% Plans 2, 3 & 4 all have single story roof edge;
at least (1) unit must have a single story building edge not less than 10 feet in depth. Plan 1 has single story edge at front and rear.
2. Where (3) two-story units occur in a row and they are situated 15 to 20 feet apart, 1 of 3 100% Plans 2, 3 & 4 all have single story roof edge
at lease (1) unit must have a single story building edge not less than 5 feet in depth. Plan 1 has single story edge at front and rear.
3. Per project, 33% of all units shall have a single story edge a minimum of 40% of the 33% 33% All plans have single story edges, but only Plan 2
total perimeter. complies with 40% of the perimeter being single story.
Occasionally, when the rear yard set-back on P!an 3 j
is greater than 15', a single story porch roof w' be
added to the rear, and the front second story deck
will become a single story roof to accommodate the
33% requirement.
4. Per project, 50% of all units with a lot frontage greater than 45 feet must have 500/0 100% All elevations comply.
(4) separate building planes on the front elevation.
5. Per project, 50% of all units with a lot frontage greater than 45 feet must have (4) 500/0 100% All elevations comply.
separate building planes on the rear elevation.
6. Per project, 50% of all units shall have one side elevation with a 7 feet average 50% 75% Plans 1, 3 & 4 always have average one side yard
side yard setback. set-backs of 7' or more.
7. Three-car garages limited to 75% of the total units where average lot size is 75% N/A No 3-car garages used.
5,000 SF or less. Three-car garages shall incorporate a mixture of 2 door, 3 door
and offset 2 door designs.
8. 500/6 of exterior door and window openings shall be projected or recessed 50% 100% White vinyl windows will be used with exterior trim.
a minimum of 2 inches.
9. The predominant roof framing for each floor plan in a project shall exhibit directional 100% 100% All elevations have directional and design variety as
variety to the other floor plans and to the street. required.
L4
Limits of trellis or patio covers are based on 50% lot coverage
requirements, and 5 ft. rear and side yard sétbäcks, 10 ft.
street side yard setbacks.
.• -U... _.. ___•_ S
17
I ----- i.—--—s1 L
1 I
I I -z----L_iJ (I I I 14.fl L
----------- • _E - I fl
PARKSIDE
BY UDC HOMES
U. -
NI
S
Ll PLAN 3 C
F GUIDELINE MINIMUM
STANDARD
% OF
COMPLIANCE
COMMENTS
1. Where (3) two-story units occur in a row and they are situated less than 15 feet apart, 1 of 3 100% Plans 2, 3 & 4 all have single story roof edge;
at least (1) unit must have a single story building edge not less than 10 feet in depth. Plan 1 has single story edge at front and rear.
2. Where (3) two-story units, occur in a row and they are situated 15 to 20 feet apart, 1 of 3 100% Plans 2, 3 & 4 all have single story roof edge
at lease (1) unit must have a single story building edge not less than 5 feet in depth. Plan 1 has single story edge at front and rear.
.
GUIDELINE MINIMUM
STANDARD
% OF
COMPLIANCE
COMMENTS
3. Per project, 33% of all units shall have a single story edge a minimum of 40% of the 33% 33% All plans have single story edges, but only Plan 2 total perimeter, complies with 40% of the perimeter being single story.
Occasionally, when the rear yard set-back on Plan 3
is greater than 15', a single story porch roof will be
• added to the rear, and the front second story deck
will become a single story roof to accommodate the
• 330/a requirement
GUIDELINE MINIMUM % OF COMMENTS - - -
- STANDARD COMPLIANCE -
4 Per project, 50% of all units with a lot frontage greater than 45 feet must have 50% 100% All elevations comply.
(4) separate building planes on the front elevation. I
C
'1
L - I
REAR ELEVATION
REAR ELEVATION
GUIDELINE MINIMUM % OF COMMENTS
STANDARD COMPLIANCE
5. Per project, 50% of all units with a lot frontage greater than 45 feet must have (4) 50% 100% All elevations comply.
separate building planes on the rear elevation.
e
.
I I
I..
('
•i
1 1• tIi__ I -. ___
H
.
1.
— S.
GUIDELINE MINIMUM % OF COMMENTS
STANDARD COMPLIANCE
75% Plans 1, 3 & 4 always have average one side yard 6. Per project, 50% of all units shall have one side elevation with a 7 feet average
side yard setback. setbacks of 7' or more.
I
S S
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 sig:ied by the applicant
or his agent. If you choose not to sign the statement, the Cit 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 Plannin g 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.
V/AEW LAND HOLDINGS WO LLC
By DMB Realco LLC, Member
DMB Asociates, Inc., Manager
2E~
Si nature
ct Pr es±dent
Date
one.r's 'Jc_. Vrsd.ev"±
Name (Print) Relationship to Application
(Property Owner-Agent)
FRM0037 2196
:c
I 0
APPENDIX H
CHECKLIST
The following are excerpts from requirements found in the body of the Landscape Manual. They do not
necessarily encompass the entire extent of each requirement but rather, represent the essence of each item.
When clarification is needed, the plan preparer should refer to the main text of the Landscape Manual for the
complete requirement.
This checklist should be used to check off that applicable requirements have been addressed in the plan
submittal(s).
THIS CHECKLIST MUST BE PHOTOCOPIED, FILLED OUT, SIGNED, AND SUBMITTED WITH THE PLANS.
PROJECTNAME ?A'ic 1-.or)'j/ 4a-P,ch. 137T
PROJECT NUMBER
(C.T. No., etc.) RECEIVED
INFO/FORMAT MAR 0 9 1998
cmr OF CARL3AD I IIA,B,C I X Submittals contain all required information
____
GRADING/ SOIL AMEND /MULCHING
1. Plans indicate positive drainage away from structures and termination in approved IV 4.3-1 7_____ drainage system. 7 2. Soil test taken, reviewed and approved by City, and recommendations incorporated into IV 0.3-2
1 plans.
_______ 3. A minimum of 3" mulch on all non-turf planting areas less steep than 3:1. IV 0.3-3
X
__
n_ 4. Finish grade in medians 2" below concrete. IV D.4-3
r
__________ 7 2.
PLANTING
1. All trees (except on slopes 3:1 or steeper) minimum 15 gallon.
50% of shrubs (except on slopes 3:1 or steeper) minimum 5 gaiion.
3. Trees staked or guyed. -
4. Surface rooted type trees away from hard surfaces.
5. One tree for every 4 parking stalls.
6. Trees minimum 2' from curbs.
7. 4' clear landscaping in planters between double parking rows (where applicable).
V A.3-i
11,00030
V A.3-1
2< IV A,31
IV A.31
IV A.32
IV A.3-2
L ' IV A.3-2
Appendix H-i
. .
APPENDIX H
(cant)
41 '
8. 5' planting strip next to through traffic lane (parking lots).
9. Planter islands at ends of parking rows.
10. Minimum 8' perimeter landscaping around parking area.
11. 3' high screening around parking lots (berms, shrubs and/or walls).
12. Sights distances maintained at intersections and vehicular access points (landscape
elements under
IV A.3-2
)K IV A.3-2
IV A.3-2
IV A.3-2
)'
Iv A.3-2
IV D.3-1 30" in height).
13. Unsightly elements screened with plants sized to screen the area in 2 years.
14. Plants located for microclimate enhancement and solar access.
15. Plants with similar cultural requirements of exposure, soils, and water needs grouped
IV A.3-4
C.3-4 together.
16. Turf areas limited as outlined in section N C.3-4.
17. Woody shrubs planted over 60% of ground cover areas.
18. One (1) street tree per 40" of street frontage (grouped or on center).
19. Street trees on major arterial roads conform to "Arterial Road Themes."
20. Street trees a minimum 3' outside public R.O.W. (except in Redevelopment Zone and
IV 0.3-4
IV 0.3-4
IV D.3-1
)(. IV D.4
D.3-1 Beach Overlay Zone with City approval).
21. Street trees a minimum 5' from paving, 7' sewer lines, and not in conflict with public IV D.3-1 utilities.
22. Trees within 5' of public sidewalks have root barriers.
23. Median plantings conform to requirements in Section IV D.4-3.
24. Slopes over 8' in vertical height have:
X IV D.43
IV E.31
a) standard #1 - cover crop/jute mesh (100% coverage)
b) standard #2 - ground cover, minimum flatted size (100% coverage)
c) standard #3 - low spreading shrubs from minimum 2 3/4" liners (70% coverage)
.- d) standard #4 - trees and large shrubs from minimum 1 gallon (1/200.square feet)
25. Slopes between 4' and 8' in vertical height have standard #1, #2, 43 above.
26. Slopes 3' or less in vertical height and adjacent to public walks or streets have standard #1.
IV E.31
IV E.3-1
Appendix H-2
. .
APPENDIX H
(cont)
IRRIGATION
117 £ General Design
1. Water flow velocities in pipe at 5' per second or less.
2. Pressure deferential within circuits less than 20%.
3. Minimize over spray.
4. Check valves to prevent low head drainage.
5. Designed to utilize reclaimed water (current or future).
6. Irrigation circuits organized into "hydro zones."
7. Head spacing 50% of diameter in turf and in non-turf areas when using stream sprays,
or impact heads.
8. Trees in lawn areas have "deep watering device."
9. Irrigation in medians. (Refer to Section D.4-3.7.)
10. Irrigation in medians - submitted irrigation equipment list to Parks and Recreation
Department and have received approval.
11. All areas required to be planted under section IV E.3-1 have permanent automatic
irrigation systems.
12. Separate circuits top, bottom and middle of slopes.
13. The irrigation follows the approved "Fire Suppression Plan" where applicable.
X rotors,
)c
X
><
X
.,.
A
)(
_________ Point of Connection / Back Flow Prevention
1. Separate meter for landscaping (except residential projects under 4 units)
7X 2. Backflow preventers per code.
X 3. Pipe between meter and backflow preventer "Schedule K Hard Copper."
___________
Pressure Regulators
IIuIA!
1. Pressure regulators when over 80 psi.
V 13.3-9
IV B.3-1O
IV 0.3-5
IV B.3-13
IV C.3-5
IV 0.3-5
IV 0.3-5
IV 0.3-5
IV D.4-3
IV D.4-3
IV E.3-2
IV E.3-2
IV F.3-1
IV F.3-2
IV 0.3-5
IV B.3-2
IV B.3-2
SECTION
____________
Controllers
L7IIwj
x 1. Automatic controllers with dual or multiple program/multiple cycle start capacity.
SECTION
Appendix H-3
YES N/A
ME II
YES J N/A
II II i WN
. .
APPENDIX H
(cant)
_________
£
Valves
1. Ball valves installed for "zone control." -
2. Quick coupling valves every 100 feet.
3. "Pressure regulating type" remote control valves when over 60 psi.
4. Serviceable check valves where elevation differential may cause low head drainage.
5. "Master control valve" on slopes over 50,000 square feet in area.
_________
IV B.3-5
IV B.3-ó
IV B.3-7
iv 0.3-5
IV E.3-2
.3
Pipe
1. All pipe below grade (18" cover on main, 12" cover on laterals.)
2. PVC mains Class 315 (2" or larger or Schedule 40 (P/2 " or smaller).
3. pvc lateral Class 200 (except for 1/2").
4. Labeled or colored pipe to denote reclaimed water use.
5. Sleeves under improvements (Sch. 80 under roads at 30"; Sch. 40 other than under roads
at 18" cover) 2 times the line size.
6. Thrust blocks on mains at direction changes.
Heads
1. Pop ups within 10' of pedestrian uses.
2. Precipitation rate of heads not to exceed .5" per hour (slopes 25' in horizontal distance or
less) or 1.4" per hour (slopes 25' or greater).
Miscellaneous
1. Risers over 12" above grade staked.
2. Controller wire sleeved under improvements.
3. Model Home "Xeriscape Model" where applicable.
4 Rain shut off device.
IV B.3-3
IVB.3-3
IV B.3-3
IV 0,3-5
IV B.3-12
IV B.3-13
SECTION
IV B.3-11
IV B.3-12
IV C.3-1
IV 0.3-5
Appendix H-4
. .
APPENDIX H
(cont)
YES N/A
II
CONCRETE / FOUNTAINS
1. Concrete in medians conform to requirements in Section IV D.4-3.
2. Fountains recycle water.
3. Fountains designed to utilize reclaimed water.
7D.4-3
IV 0.3-6
IV 0.3-6
PLAN PREPARER:
COMPANY NAME:
DATE: '
Appendix H-5
.
.
Hofman Planning
A s s o c I a t e s
Planning Project Management Fiscal Anok ss
March 9, 1998
Jeff Gibson
MAR 0 9 1998
Planning Department crrY OF CARLAD
2075 Las Palmas Drive PLANNING DEPT.
Carlsbad, CA 92009
Subject: Submittal For a Tentative Map Amendment, Site Development Plan Amendment
and Planned Development Permit Amendment For Parkside (Planning Area D of
Sambi)
Dear Jeff:
This letter accompanies applications for a Tentative Map Amendment, Site Development Plan
Amendment and Planned Development Permit Amendment For Parkside. As specified in the
Project Description, the applications are for a 56 lot subdivision to include 48 single family
residential lots, 4 private Street lots, 3 open space lots and 1 open space/Recreational Vehicle
Storage lot.
The following lists the items that are provided:
Ten (10) Copies of the Site Plan
Ten (10) Copies of the Landscape Plans
Ten (10) Copies of the Building Elevations and Floor Plans
One (1) Copy of the Reduced Site Plan and Building Elevations
One (1) Location Map
One (1) ETA Part I
One (1) Original Notarized Public Facilities Fee Agreement
One (1) Copy of Notarized Public Facilities Fee Agreement
One (1) Disclosure Statement
Three (3) Copies of the Preliminary Title Report
One (1) Project Grading Report
One (1) Copy of the School District Availability of Facilities Letter
One (1) Statement of Agreement to Waive Tentative Map Time Limits
One (1) Architectural Guideline Compliance Summary
One (1) Set of Photographs of the Site taken from the north, south, east and west
One (1) Project Description
One (1) Land Use Review Application
Two (2) Checks for Application Fees (One in the amount of $14,130.00 & one in the
amount of $125.00 for a total of $14,255.00)
238c Faraday Avenue • Suite 120 • Cculsbac 0 A 02008 619) 438-1465 ' Fax: (619) 438-2443
I
Since there are no physical constraints on the property for this project, a constraints map has not
been provided with this application. We are still working on the construction materials board and
color samples. We would like to submit this item at a later time due to the fact that some
materials are not commonly used for projects in this area and are not readily available.
If you have any questions please feel free to call me at 438-1465.
Sincerely,
Stuart Fisk
cc. Mike Bingham, UDC Homes
PARKSIDE
AVERAGE FRONT YARD SETBACKS
35' .
865 SF 35 FT.= 627SF--35 FT. z 829SF+35 FT. = 570 SF-35 FT.=
24.7 FT. Average . 18 FT. Average 23.7 FT. Average 16.3 FT. Average
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