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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 \' t 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 . N. (I 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 OI' .)lJ' oL)U 1/'0 I U. ic L" .U'fJ l. W.'JI-' 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 1L.ii 017 bLiLi UIJ96 U: j.i :Ub/ 'Ie INU:U10 I 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 O ..Ll OL1LI UJ/)'O iU.D LT .LiO/ I NV. 'JlO 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 tj cfll ..)LJ' OUU UG/CJ/7Q lv..J- i..r .'." '- . 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 .1 • .Ld . ..IJ. S 6 I, * In ii Ii E\ I I:. IHI' IiJ [1 ID' i i ((4 -, —p • - Iff IF tvz* I et er4l I I9"c loll II • •1 :1 -- "I • • I I • IlUji* llj SEE SHEET NO. 7 \ 4 t\ \ —— ! 7i>\ •,\ \T'T II :--- Kit 4. ~ t )MOP Ut VA VA 46 CA pi I 11 tA (I - • - - —r S $MA1*? It(4$Y MA.?JJVE7f5- Pa/NT S5a227'I2R4W338M I 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 tillAR(HUI(IS CASEGROLJP a Lm c IL ?:• ttit. 1 it r :r - , KCEVW 'jT. ?LANtONG DEPT