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HomeMy WebLinkAboutCT 97-10; Poinsettia Properties Master Tentative Map; Tentative Map (CT)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED' FOR: (C |~| Administrative Permit - 2nd Dwelling Unit [~l Administrative Variance "C/ Coastal Development Permit Q] Conditional Use Permit I | Condominium Permit | | Environmental Impact Assessment | | General Plan Amendment Q Hillside Development Permit Q] Local Coastal Plan Amendment Q] Master Plan Q Non-Residential Planned Development | | Planned Development Permit HECK BOXES) (FOR DEPARTMENT USE ONLY) CDP <r?'/^ Ac I 1 Planned Industrial Permit Q Planning Commission Determination Q] Precise Development Plan n Redevelopment Permit O Site Development Plan |~1 Special Use Permit C] Specific Plan [U Tentative Parcel Map Obtain from Engineering Department S. Tentative Tract Map Q] Variance O Zone Change 1 J List other applications not specified Mfl'zffo' (FOR DEPARTMENT USE ONLY) cr <3i-i& 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type)6) APPLICANT NAME (Print or Type) MAILING ADDRESS MAILING ADDRESS CITY AND STATE ZIP CITY AND STATE ZIP TELEPHONE \ CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND ORRECT TO THE BEST OF MY KNOWLEDGE.CORRE SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION 'A 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 OF 2 8) LOCATION OF PROJECT: ON THE BETWEEN STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 1 6) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT (NAME OF STREET) (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 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 SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPEcrq-j-io -e/A. TOTAL FEE REQUIRED DATE FEE PAID FEE REQUIRED-2^00 . oo DO MAY 1 3 1997 DATE RECEIVED BY: RECEIPT NO. ^N (RECEIVED Form 16 PAGE 2 OF 2 LAND USE REVIEW APPLICATION FORM INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication in filling out application forms, the City has adopted a comprehensive application form to handle multiple application submittals. The following instructions should assist you in preparing the application form for submittal to the City: 1 . Applications applied for: Check the appropriate boxes for the various application types for which you are applying. Check with counter staff to determine required application types needed to process your specific project. 2. Assessor Parcel IMo(s).: Include all assessor parcel numbers included within the project boundary. The counter staff can assist you in determining the appropriate assessor parcel number(s). 3. Project Name: Fill in the box with the name of the project, such as "Red Oak Homes" or "Benson Commercial". If no name is proposed, write the last name of the owner or applicant plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision". 4. Brief Description of Project: Write down a brief description of the project. Be specific but do not include square footage or architectural details. For example: a neighborhood commercial center with two drive-thru restaurants; single family detached residential project; or an industrial/office complex with three industrial/office buildings. 5. Owner's Name, Address, Phone Number and Signature: To be filled in and signed by the owner for all applications. Use the owner's name as it appears on the title report. 6. Applicant's Name, Address, Phone Number and Signature: To be filled in and signed by the applicant. If owner and applicant are the same you may write same on the space for the name. All correspondence and contact regarding the application will be directed to the applicant. 7. Brief Legal Description: Provide a brief legal description of the property such as "Lot 6 of Map No. 8828 Carlsbad Tract 88-3" or "Portion of Lot I of Rancho Agua Hedionda map 1717". Do not provide bearings and distances. A full legal description will be contained within the title report submitted with the application. 8. Location of Project: Fill in the blanks with the street address (if appropriate), direction and street names. For projects located in undeveloped areas not adjacent to streets, use the nearest street from which the project will take access. 9. Local Facilities Management Zone: Write the number of the facilities management zone within which your project is located. Ask for counter assistance in determining which facility zone your project is located. It is important to know which facility zone includes your project. Each facility zone must have an adopted local facilities management plan before applications can be accepted by the City. Additionally, the adopted facility plan for your zone may contain significant public facility Form 16a Revised 10/96 Page 1 of 4 w ^ requirements which must be met before your project may be accepted as complete or before construction permits are issued. 10. Proposed Number of Lots: For tentative tract maps and minor subdivisions only. Write down the number of lots which are proposed to be created. Include remainder parcels, open space and private street lots. 11. Number of Existing Residential Units: Write down the number of existing dwelling or apartment units currently existing on the project site. 12. Proposed Number of Residential Units: Required for residential projects. Write down the total number of proposed dwelling or apartment units to be included in the project. Include existing units which are included within the project boundary. 13. Type of Subdivisions: For tentative tract and parcel maps only. Write down the type or types of uses included within the subdivision. For example: residential or commercial/industrial. 14. Proposed Industrial/Office Square Footage: For all projects which propose the creation of new industrial buildings. Write in the proposed gross square footage to be applied for industrial/office use. 1 5. Proposed Commercial Square Footage: For all projects which propose the creation of new commercial buildings. Write in the proposed gross square footage to be applied to commercial use. 16. Open Space: Percentage of proposed project open space. 17. Proposed Increase in Average Daily Traffic (ADT): Write down the projected increase in traffic generation which will result as a consequence of approval of your proposed project. Use the traffic generation rates as determined by the latest San Diego Association of Government Traffic Generation Rate Guide (attached). 18. Proposed Sewer Usage in Equivalent Dwelling Units: One equivalent dwelling unit (EDU) is the average of sewer generated by one house or dwelling. One EDU is equivalent to 220 gallons per day of sewer usage. Use the attached EDU chart to determine the sewer usage for your project. Ask for assistance at the counter if you are unsure how to determine your usage. For industrial projects use the following assumptions: a. Undeveloped industrial assumes 30% building coverage. b. Improved lot industrial assumes 40% building coverage. c. For shell or unknown industrial building usage assumes 1 EDU for each 1,800 square foot. 1 9. Gross Site Acreage: Write down the total acreage of the property over which your proposed project is situated. Not necessary for Zone Code Amendments or Variances. 20. Existing General Plan Designation: Write down the general plan designation(s) for the property covered by your proposed project. Ask for counter assistance if you do not know your general plan designation. Form 16a Revised 10/96 Page 2 of 4 21. Proposed General Plan Designation: Required only if your project involves a request for a general plan amendment. If so, write in the proposed general plan designation for the property. 22. Existing Zoning: Write down the existing plan designation for your proposed project property. Ask counter staff for assistance if you do not know your zone designation. 23. Proposed Zoning: Required only if your project involves a request for a zone change. If so, write in the proposed zone designation(s). 24. Consent to Allow Entrance onto the Property: Signature granting members of City staff, Planning Commissioners, Design Review Board Members or City Council members permission to inspect and enter the property. Application Submittal Requirements: Attached with the application form are the various submittal requirements for each application type listed on the face of the application. Follow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. IMPORTANT: Check all submittals to be sure all the required information and materials have been submitted with your application. Incomplete submittals will not be processed or schedule for review by staff, the Commission or Council. You will be notified in writing within 30 days of submittal whether or not your application is complete. 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. '• • •; ' , ,,: • ... - ', ' : •;;,.•./.".'^',. ,$& Fire Department/Water District Consultation: Prior to submittal of an application for development in the City, you are encouraged to consult with the Fire Department and the appropriate water district in order to design your project in compliance with their requirements. Failure to consult with either agency could result in unnecessary delays, redesign or project denial. The purpose of the notice is to get projects to "design in" water and fire requirements in advance. Applicant Disclosure Form: All applications require submittal of an applicant disclosure form. Follow the instructions provided on the form and the attached information sheet. Circulation Impact Analysis: All applications which propose an increase in the traffic generation rate of 500 vehicles or more, over existing traffic generation for the site, must submit a Circulation Impact Analysis. This analysis will be used to determine compliance of your project with Growth Management Facility Standards. The analysis is not to be considered in lieu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic issues. Hillside Development Permit: A Hillside Development Permit is required for all projects with a slope of 15% or more and an elevation differential greater than fifteen (15) feet. Check with City staff if you are uncertain whether or not your proposed project site requires a Form 16a Revised 10/96 Page 3 of 4 Hillside Development Permit. If required, follow the instructions provided on the application form. Environmental Impact Assessment Form: All applications for development require submittal of an Environmental Impact Assessment Form. Larger projects or projects in environmentally sensitive areas may require more detailed Environmental Impact Reports. Follow the instruction provided with the application form. Coastal Development Permit: Applicants shall consult Community Development staff to determine whether a Coastal Permit is required for their proposal; Form 16a Revised 10/96 Page 4 of 4 CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD CA 92009 NOTICING FEES EFFECTIVE AUGUST 15, 1992 A NOTICE FEE SHALL BE COLLECTED AT TIME OF APPLICATION TO COVER THE COST OF PUBLICATION OF NOTICES IN THE NEWSPAPER FOR ANY PROJECT FOR SINGLE FAMILY THE FEE IS $100.00 FOR ALL OTHERS THE FEE IS $500.00 If the cost to publish all notices required for the project exceed the amount initially collected, the applicant will be billed. If funds are remaining at the end of the project, a refund will be prepared. ATTACHMENT TO ALL PLANNING APPLICATIONS AND THE ENGINEERING APPLICATION FOR TENTATIVE MINOR SUBDIVISIONS FRM0024 3/96 PAGE 1 TABLE 13.10.020(c) Type of Building, Structure or Use (1) Each space of a trailer court or mobilehome park (2) Each duplex (3) Each separate apartment in an apartment house (4) Each housing accommodation designed for occu- pancy by a single person or one family, irrespective of the number actually occupying such accommodation (5) Each room of a lodginghouse, boardinghouse, hotel, motel or other multiple dwelling designed for sleeping accommodations for one or more individuals Without cooking facilities With cooking facilities (6) Churches, theaters and auditoriums, per each unit of seating capacity (a unit being one hundred fifty per- sons or any fraction thereof) (7) Restaurants: No seating Seating Delicatessen or fast food, using only disposable table- ware: No seating Seating (8) Automobile service stations: Not more than four gasoline pumps More than four gasoline pumps (9) Self-service laundries, per each washer Equivalent Dwelling Units 1.00 2.00 1.00 1.00 0.60 1.00 1.33 2.67 2.67 plus 1.00 per each 7 seats or fraction thereof 2.67 2.67 plus 1.00 per each 21 seats or fraction thereof 2.00 3.00 .75 358-1 (Carlsbad 8-88) TABLE 13,10.020(c) Type of Building, Structure or Use Equivalent Dwelling Units (10) Office space in industrial or commercial establish- ments not listed above and warehouses Divide the gross floor area of the building in square feet by 1800 (11) Schools: Elementary schools For each sixty pupils or fraction thereof 1.00 Junior high schools For each fifty pupils or fraction thereof 1.00 High schools For each thirty pupils or fraction thereof 1.00 ; 12) In the case of all commercial, industrial and business establishments not included in subdivisions 1 through 10. inclusive, of this subsection the number of equiv- alent dwelling units shall be determined in each case by the city engineer and shall be based upon his esti- mate of the volume and type of wastewater to be discharged into the sewer. The provisions of Chapter 13.16 shall apply to all cases under this subsection and an industrial waste permit shall be required. Any such permit, issued for any use hereunder. shall include a sper-'fic volume of sewage authorized for such use. If said amount is exceeded, it shall be grounds for revocation of the permit. 359 (NOT SO) BRIEF GUIDE OF VEHICULAR TRAFFIC GENERATION RATES FOR THE SAN DIEGO REGION MAY 19»B San Diego ASSOCIATION OF GOVERNMENTS SUM 800. nm inttnw* PI«U 40lBStrwt Sin Diego. Cafltomel 92101 (819(588-5300 Fix (819)595-5305 NOTE: Thii lining only repreaenti i ojd8 ol average, at ntimind. traffic generation 'driveway* ratal end iom* very general trip data for land uaea (emonini on ecreege and building iquare footage) in th* San Oi»go ftgion. Th*u ratee era tubiect to change II futurt documentation become* eveileble. or II local tourcoi ir« updated. For mora <p*cifle infomution regarding traffic Oil! ind trip ratea. plaeaa refer to the San Diego TrafNe Goneraton manual., IANOUM nut. CATIOOHII*UTIMATfa WIIKOAY VIHWU THir OIMirtATlON HATt (OWVtWAV) HiaHMT PIAK HOUR % Iplui IN: OUT retlel •emeeil «:JO-HO A.M. Ttw UNOTM AOMCULTUM lOpan Space).... AMPOtlT Commarctal General Aviation ...[80:18:2] .... [78:20:2] AI/TOMOaWr Car Wain Automatic Selfierve Gaiolma _ - (21:51 28) With/Food Man With/Food Mart & Car Wain Old Sarvica Station Daugn Salai (Dealer & Repeir) Auto Rapair Cantar ctMrnnY CHimCH {or Synagogue) (64:28:11 ] COMMEftCtAl/*tTAJL' Super Regional Shopping Canter (More than 80 acret. more than 800 000 id ft., w/uluellv 3+ metor itorel) Regionel Shopping Center [54:35:11] (30-80 ecrei. 300.000-800.000 •a. rt.. w/uiueilv 2* meior noreil Community Shopping Center [47:31:22] (10-30 ecrei. 100.000-300.000 iq. ft.. w/uiuelly 1 major itore and detached reitaurant) Neighborhood Shopping Center (Laii than 10 acrei. lest then 100.000 id. ft., w/umaltv grocery store £r drug itorel Commercial Shopi ....[45:40:15] Specialty Retail/Strip Commercial Supermarket Convenience Marten (15-18 noun) (24 houra) DiKount Club 'Store Furniture Store Lumber Store Hardware/Paint Store Garden Nureery 2/e, 12/ecre. 100/flight 70/1000 tq. ft." 8/acre. 3 Wont 7/beaed aircraft' " 100/eera" 900/ine. 800/acra" lOO/waan ntH" 150/vehide fueling ipece" 155/vehicle fueling ipace" 750/ttaooa 130/verucle fueling ipece" 50/1000 M ft.. 300/ecre. 80/iervice itair • 20/TOOO M ft.. 400/acre. 20/ierace irair 5/acre- 9/1000 10- ft.. 30/acre" (quedruple retei for Sunday, or dayi of aiaembry) 40/1000 M. n..c 400/ecre- 50/1000 «. ft..c SOO/ecre- 70/1000 *q. ft.. 700/acn- " 120/10OO M.It.. 1200/acre* 40/1000 «. ft.. 400/acre1 150/1000 tq. ft. 2000/aera • 500/1000 <q. ft" 700/1000 iq. ft." 80/1000 aq. h.. BOO/ecra" 70/1000 to, ft.. 800/ecra " 8/1000 eq. ft.. 100/acra" 30/1000 *q. ft.. ISO/acre" '80/1000 tq. ft.. 800/acra" 4O/1000 ao, ft.. 90/aera" 8« (8:4) 10% (8:4) 4% (6:6) 4% 15:6) 8% (5:5) 8% 15:6) 7% (6:6) 5% (7:3) «% (7:3) 4« 18:2) 2% (7:3) 2* (7:31 3% (8:4) 4* 18:4) 3% 16:4) 4% (731 8* (5:5) 9% (5:5) 1% (8:2) 2% (8:4) 4% (7:3) 7« 16:4) 2* 16:4) 3% (6:4) 7% 15:5) 15% 16:51 9* (551 8% 16:6) 8% 16:5) 9% (5:5) 11% (5:5) 8% (4:8) 11% (4:8) 8% 15:6) 9% (6:5) 9* (6:61 10% (5:5) 11% (5:5) 9% (5:51 10% (5:6) 8% (5:5) 7% (6:6) 9% (6.5) 10% (5:6) 9% 16:51 9% 15:5) 9% 16:6) 10% (6:6) 108 12.5 28 5.1 5.2 IDUCAT1OM Univentiy (4 yean) Junior College 12 yean).. High School Middle/Junior High Elementary Day Care Bank (Walk-In Only) With Drive-Through Drive-Through Only Savingi 6 Coan Drive-Through Only —192:7:1] .... [76:19:6] ..[63:28:12] ..[57:25:10] ..(2858:141 ..[35:42:23] General CoiwakHoent/Nuning Induitrial/Buaineaa Pert (a Indullriel Perk Ino e Indunriel Plant (mutton MfM Manufacturing/Anembry Warehoueing Storage Science Reeeerch ft Development . (73 26:2) . [79:19:2] _ [92*31 2.6/atudent. 100 acre* 1.6/nudant. 80/ecre' 1.4/itudent 11/1000 eq. ft. 60/aera' 1 0/ftudent 40/acre" 1 4/itudenl 14/1000 iq. ft. 80/ecre" 5/child. 80/1000 ta. ft." 150/1000 K, ft.. 1000/acre- 200/1000 iq. ft.. 1 SOO/ecre' 250 1125 ffrwwayl/lane- 60/1000 tq. ft. 600/ecra" 100l60one»»ayl/lane" 20/bed. 20/1000 tq. fu 300/acra' 3/beo" 16/1000 tq. ft. 200/acra- 8/1000tq.ft. 90/eera- 10/1000 tq.fi.. 120/ecre' 4/tOOOtq. ft.. 50/ecre" 5/IOOOaa ft, 80/ecre" 2/1000 tq ft.. 0 2/vamt. 30/ecre' 8/IOOOiq. n_ SO/ecre" 10% (9:1) 12% (9:1) 20% (8:2) 24% (7:3) 28% (8:4) 19% 15:6) 4% (7:3) 5% (8:4) 3% 16:6) 2% 4% 9* 17:3) 7» («:4) 12% (8:2) 11% (ftl) 14% (8:2) 20% 19: t) 18% (7:3) 6% 18:6) 16% 19:1) 9% (3:7) 8% 13:7) 14% (3:7) 7% 13:7) 5% (3:7) 18% 16:6) 8% (4:6) 10% (5:5) 13% (6:6) 9% 15% 10% (3:7) 7% (4:61 12% 12:8) 12% 12:6) 16% 13:7) 20% (2:6) 16% (4:6) 9% (6:6) 14% (1:9) 89 90 48 50 34 3.7 8.3 9.0 11.7 (OVtJU LAMOUM (TOMATO WOKDAY VBMCU •nur at NMATION HATI (omvfWAY) HIONlrr PtAK HOUR % (pitta IM:OUT ratta)TKIPLJMO7TH Loooma Hotal In ffaaarr Motel MIUTAJIY n laaMai/natainnrl . (44:44:11) [S8:38:41 [82:16:2] o*ncs Standard Commercial Offica _ _ ,. Mass than 100.000 sq. ft.) Larga IHigh-ftisa) Commarciai Offica (mart mm 100.000 iq ft.. 8* slonas) Corporate Office (single tenant) Government (Civic Center) _ Post Office Cemrel/Walk4n Only Community (not including mat drop lane) Community (w/mwl drop lanel • • Mail Drop Lane only Department ot Motor Vehicles Medical........ ...[77:19:4] ..(82:18:3) ..[50:34:16] PAKK8 : City (developed) Regional (developed) Neighborhood/Regional (undeveloped) Amusement (Theme) San Diego Zoo S« World ..[60:30:101 [66:28:8] 50/1000 M. «. 400/aere" 10/room. 300/Kf* 9/room. 200/Kra* 8/rpom, 100/acrV 2.5 military ft civilian personnel' 20/10OO sq. ft." 3OO/ecre- 17/10OO sq. fl..° 800/ecra' 10/1 OOO sq. ft.. ISO/acre' 30/1000 sq. ft." 90/1000 sq. ft." 200/1000 aq. ft.. 130O/ecr*' 300/1000 sq.«.. 2000/ecre' 180/10OO JO ft.. 900/»er»" 50/1000 w. ft.. S00/»cr«- 50/»er«- 20/«cn' 5/»er»' 80/tcri. 130/«cr« (iumm«r only)" US/acre' 80/acr*' 2% (8:21 6% 16:4) 8% (4:6) 5% (8:4) 9% 19:1) 14% 19:1) 13% (9:1) 15% (9:1) 9% 19:1) 5% 8% (6:4) 7% (5:S) 7% (5:5) 6% 16:4) 6% 18:2) 4% 10% (5:5) 8% 18:4) 9% 16:4) 7% (48) 10% (2:8) 13% (2:8) 14% 12:8) 15% (1:9) 12% (3:7) 7% 9% (5:5) 10% (5:51 12% 155) 11% (4-8) 1O% 13:7) 8% 6% 16:4) 39 78 11 2 88 100 6.0 64 54 RICHfATrON 8aach. Ocaan or 8av Saach. Laka (train watar) Bowling Canlar Campground Golf Couria Manna* flacquatball/Haalrh Club Tannn Couni Sports Facilitiaa Outdoor Stadium Indoor Arana Hacatrack Thaatars (multiplex) ..[52:39:9] ..[68:17:17] MSIOtNTIAL Estata. Uroan or Rural (avaraga 1-2 DU/acra) Singla Family Datachad lavaraga 3-8 DU/acra) Condominium lor any multi-family lass than 20 DU/acra! Apartmants lor any multhtamiry units mora man 20 DU/actal MobilaHoma Fsmiry Adults Only Ratiramant Community Congt.g.ta Cara Facility [86:11:3] fUfTAUftAMr Quanty Sit-down, high turnovaf Fast Food Iw/dnya-through) Oalicattuan (7am-4pm) ..[51:37:12] 800/1OOO It. shoralina. 60/acra' 50/1000 ft shoralina. 5/acra' 30/lana. 300/acra" 4/campsit*" 8/acra. 40/hpla. eOO/coura*" 4/barth. 20/acra' " 40/ 1000 so, ft. 300/acra. 40/coun* 18/acra. 30/court" 50/acra. 0 2/saaf ~ 30/acra. 0 1/saaf 40/acra. 06 saaf SO/1000 sq. H.. 1 8/saaf 12/dwaHingunif* 10/dwallingunif* 8/dwalling unit'* 8/dwalling unrf* 5/dwalling unit 40/acra' 3/9w»lling unit. 20/acra' 4/dwalling unit" 2/dwalling umf IOO/1OOO so n, 3/saaL 500/aera1 " 250/1000 sq. ft.. 7/suL 1200/acra' " 700/1000 sq. ft.. 22/aaat 3000/acrC 150/1 OOO sq.ft.. ll/saaf 7% (731 4% 6% 18:2) 3% 13:7) 4% (8:4) 5% 8% 13:7) 8% (3:7) 8% 12:8) 8% 13:7) 9% 9% (3:7) (3:7) 3% 18:4) 1% (6:4) 8% 15:5) 4% (6:4) 9% (6:4) 11% (4:6) 8% 9% (3:7| 7% (8:4) 9% 16.4) 11% (5:5) 8% (7:3) 10% (7:3) 1O% (7:3) 10% (7:3) 9% (7:3) 12% (8-4) 10% 18:4) 8% (5:8) 8% (7:3) 8% 16:4) 8% (5:5) 3% (3:7) 8.1 79 47 TMANftORTATtOM 8us Dapot Truck Tarmmal Watarport Transit Station (Rail) Park 6 Rida Lots 25/1000 ag. ft" tO/1000 sq. ft.. 7/twv, 80/acrt" 170/barth. 12/acra" 300/acra" 400/acra 1800/pavad acra)' 9% (4:61 14% 14% (7:3) (7:3) 8% (5:5) 15% (3:7) 15% 13:7) ' Primary tourea: San Oapo TtmtHc Ganararonx " Otnar unreal: rrt Trio OtMnoaa rtaMrt Trip Oanaialtoi Kataa lotnar sgsncias and puWcanontl. >arioui SANOAO » CALTRAMS studia*. rapora and astirnatai • Trio caiagorv gveantaga ranaa ara daily Iran local KeuasriaM sunaya. a«tan cannot «• ipclnd to vary KUcilic land uaaa. and do not PHIMAfW - on* mp diractty bsnxaan engin and pnmarv daatmanon. OIVEP.TEO • hnkad tno Ihavtno ana 91 mora steaa atang d«a way to a primary dattmamn) wttoaa diatanca aenioafad ta dirP»S«Y • undivanad ar dlvanad « 1 mla. a (draft SANOAQ Aatlvta of Trip r*M*»mn ravttad I 1 mila. • 1. ' Trig lengths ara average mgfltad lor all trips to end fram general land nee site. (AH trips system-wide average length - 8.* mHea) = Firtad curve equation: LnIT) - 0758 UXi) » 8 J81 . 0 Fitted curve equation: Ln(D" 0.7B6 Lnti) * 3.86 J • Filiad euro* aauaMn: t - -2.188 Lnldl * 1J 88 t " trips/OU. d - density IDU/acral. OU - dwalrlng unit ' Suggested PASS4Y (undrnerted or dhianad <1 nwel pareentegas lor trip rate reductions oMy dunng P.M. peek panod [baaed on combinanon of local data/review and Other sources"):COMMtRCIAL/PlnAILftagiona! Shoopmg Canter 20%Commumrf • * 30% Speoany flam/Strip Cammaroel lather) 10% Suparmerkat 40%Convenience Market 50% Discount OuoySlore 3O%FINANCIAL BankAUTOMOUJ ftESTAUDANT QuaMy Sit^own hightumevarFaitFaod 25% 80% 10% 20% MORTAR FILLED BLOCK WALL PER CITY OF CARLSBAD MASONRY FENCE DETAIL(BID-7) 'ACCESS WAY */T 'I f6 MOW STRJP(TYP)W.;EREAPPLICABLE B L-"6"« CONCRETE LQLLEP_ IRON. POST.PROTECTION POST (MOO W-16) OPTIONAL RECYCLABLE CONTAINERS INSTEAD OJ_B(N-4 EA 0.5% (TYp FERROUS METAL 12"x12" AREA DRAIN (TYP) CONCRETE j— CURB GATE' STOP(TYP) - REFUSE TRUCK LOADING APPROACH GATE CANE SECURING BOLT (TYP) ATE HINGE(TYP) CONNECTION LEVEL LOADING (CONCRETE) REFUSE TRUCK LOADING APPROACH DRAIN AWAY (TYP) TYPE A- DFUVE AND LOAD FRONT APPROACH LEVEL LOADING AREA A (CONCRETE) CLEAR OVERHEAD..TO V TYPE B- DRIVE AND LOAD SDE APPROACHCLEAR OVERHEAD TO 25.0 FT.(MIN.) HEIGHT 13.5'(MIN.) HEIGHT AC OVER 6" CLASS I A.B (WIN.) if a-24 x 8 FOUNDATION DRAIN TO BMP (TYP) SECTION A-A (TYP)24 (TYP)SECTION B-B SHEET 1 OF 2 REV. I APPROVED DATE CITY OF CARLSBAD REFUSE BIN ENCLOSURE FOR 3 CUBIC YARD BINS (JGINEER DATE SUPPLEMENTAL STANDARD NO. NOTE& 1. LOCATION OF REFUSE BIN ENCLOSURES SHALL BE APPROVED BY THE PLANNING DIRECTOR AND THE CITY ENGINEER. ENCLOSURE SHALL BE OF SIMILAR COLORS AND/OR MATERIALS AS THE PROJECT TO THE SATISFACTION OF THE PLANNING DIRECTOR. 2. THE ENCLOSURE SLAB AND LOADING AREA SHALL BE LEVEL IN ORDER TO FACILITATE THE ROLLING OF BINS FOR LOADING POSITIONING. 3. GATES SHALL BE MOUNTED SO THAT THEY SWING FULLY OPEN WITH NO PROTRUSION INTO THE PATH OF THE BIN. THE GATES SHALL HAVE CHAINS, HOOKS OR PIN STOPS AT THEIR FULL OPEN POSITION TO HOLD THEM OPEN. 4. ALL GATE CONNECTION LATCHES, SECURING BOLTS, FRAMING, AND HINGES SHALL BE HEAVY DUTY TYPE AND PAINTED OR TREATED AGAINST CORROSION. 5. GATE MATERIALS TO BE APPROVED BY PLANNING DIRECTOR. 6. POSITIVE DRAINAGE AWAY FROM THE ENCLOSURE AND LOADING AREAS SHALL BE PROVIDED AND MAINTAINED. 7. ALTERNATIVE CONFIGURATION AND LOCATION OF THE ACCESS WAY MAY BE ACCEPTABLE ON A CASE BY CASE BASIS PROVIDED NO PORTION OF THE TRASH BINS ARE DIRECTLY VISIBLE TO THE PUBLIC. 8. LOADING AND ENCLOSURE AREA DRAINAGE SHALL BE INDEPENDENT AND DRAINED TOWARDS AN APPROVED SITE BMP. 9. DEVELOPMENT PROJECTS SHALL INCORPORATE THE REQUIREMENTS OF THE "MODEL ORDINANCE OF THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD RELATING TO AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS". 10. AREAS FOR RECYCLING SHALL BE ADEQUATE IN CAPACITY, NUMBER AND DISTRIBUTION TO SERVE THE DEVELOPMENT WHERE THE PROJECT OCCURS. 11. RECYCLING AREAS SHALL BE SECURED TO PREVENT THE THEFT OF RECYCLABLE MATERIALS BY UNAUTHORIZED PERSONS WHILE ALLOWING AUTHORIZED PERSONS ACCESS FOR DISPOSAL OF MATERIALS. 12. RECYCLING AREAS OR THE BINS AND CONTAINERS PLACED THEREIN MUST PROVIDE PROTECTION AGAINST SEVERE ENVIRONMENTAL CONDITIONS WHICH MIGHT RENDER THE COLLECTED MATERIALS UNMARKETABLE. 13. A SIGN CLEARLY IDENTIFYING ALL RECYCLING AND SOLID WASTE COLLECTION AND LOADING AREAS AND THE MATERIALS ACCEPTED THEREIN SHALL BE POSTED ADJACENT TO ALL POINTS OF ACCESS TO THE RECYCLING AREAS. 14. EACH RECYCLING AREA WITHIN A MULTI-FAMILY RESIDENTIAL DEVELOPMENT SHALL BE NO GREATER THAN 250 FEET FROM EACH LIVING UNIT. SHEET 2 OF 2 REV. ! APPROVE!! (DATE CITY OF CARLSBAD REFUSE BIN ENCLOSURE FOR 3 CUBIC YARD BINS SUPPLEMENTAL STANDARD NO. Indemnity Agreement HSL/BP/Michan, L.P., a California Limited Partnership, Strata/Poinsettia, a California General Partnership, Benchmark Pacific Poinsettia, L.P., a California Limited Partnership, HSL Properties, Inc., a California Corporation and Strata Equity Corporation, a California Corporation, (hereinafter collectively referred to as Developer do hereby agree to indemnify and hold harmless the City of Carlsbad and its officers, officials and employees from and against all claims, damages, losses and expenses including attorneys fees arising out of any legal challenges to the adequacy of the content or processing of EIR 96-01 and the addendum thereto. Developer shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials and employees. Developer's indemnification of City shall not be limited by any prior or subsequent declaration by the Developer. Dated: January 26, 2000 HSL/BP/MICHAN L.P., a California limited partnership By: HBM Poinsettia L.P., a California limited partnership, Its Sole General Partner By: Benchmark Pacific Management, Inc., California corporation, Its Sole General Partner By: __ Douglas M. Avis, President STRATA/POINSETTIA, a California General Partnership By: Strata Equity Corporation, a California corporation, General Partner By: Carlos D. BENCHMARK PACIFIC POINSETTIA, L.P., a California limited partnership By: Benchmark Pacific, Inc., a California corporation, Its Sole General Partner By: Douglas M. Avis, President Indemnity Agreement Page 2 HSL PROPERTIES, INC., a California corporation By: Humberto S. Lopez, Present STRATA EQUITY CORPORATION, a California corporation By: Carloso. MicTrarrFresident Commonwealth Land Title Company 1455 Frazee Road, Suite 600 San Diego, California 92108 Issuing Policies Of Commonwealth, Land Title Insurance Company J- Benchmark Pacific 2892 Jefferson Carlsbad, California Attn: Brian Murphy Your Ref: Benchmark Pacific Our No: 974545-4 Title Officer: Edwin Kezar, Jr. Direct (619) 686-6000 Fax (619) 686-6001 FOURTH AMENDED PRELIMINARY REPORT Dated as of April 23, 1998 at 7:30 A.M. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CLTA Preliminary Report Form (Rev. 1/1/95) 974545 Page 3 EXHIBIT "I" Those portions of the East Half of Section 29 and the West Half of Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Northwest corner of the East Half of the Northeast Quarter of said Section 29; thence along the Northerly line of said East Half of the Northeast Quarter North 89°58'20" East 294.68 feet to the beginning of a tangent curve concave Southwesterly having a radius of 600.00 feet; thence Southeasterly along said curve through a central angle of 63°10'41" an arc distance of 661.60 feet; thence tangent to said curve South 26°50'59" East 389.48 feet to the beginning of a tangent curve concave Westerly having a radius of 1700.00 feet; thence Southerly along said last mentioned curve through a central angle of 9°37'29" an arc distance of 285.57 feet; thence tangent to said last mentioned curve South 17°23'30" East 1187.36 feet to the beginning of a tangent curve concave Westerly having a radius of 1250.00 feet; thence Southerly along said last mentioned curve, through a central angle of 23°30'00" an arc distance of 512.69 feet to the beginning of a reverse curve concave Easterly having a radius of 500.00 feet; thence Southerly along said last mentioned curve to an intersection with the Northerly line of that certain Parcel of land deeded to the County of San Diego in Parcel 1 of Directors Deed recorded December 22, 1966 as File No. 198819 of Official Records; thence South 76°54'40" West along said Northerly line to the Easterly line of the 200.00 foot Atchison, Topeka and Santa Fe Railway Company Right of Way; thence along said Easterly line North 21°0.8'15" West to the West line of said East Half of the Northeast Quarter; thence along said West line North 00°02'20" West, 765.33 feet to the true point of beginning. Excepting therefrom that portion described as follows: Commencing at the Southerly terminus of Course No. 5 of Parcel 1 of that certain Directors Deed conveyed to the County of San Diego and recorded on December 22, 1966 as File No. 198819 of Official Records, said Course No. 5 having a bearing and distance of North 13°05'20" West, 20.00 feet; thence along the Southerly prolongation of said curve South 13°46'30" East 28.75 feet to a line having a bearing of South 76°16'30" West, said line being South 13°46'30" East 28.75 feet form the Northerly line of Poinsettia Lane measured along the Southerly prolongation of said Course No. 5; thence South 76°16'30" West 243.98 feet to the true point of beginning, said point being the Southerly terminus of that certain Course cited as being a curve having a radius of 500.00 feet and an arc distance of 174.53 feet in Parcel 2 in deed to John D. Lusk & Son, a California corporation, recorded January 9, 1973 as File No. 73-006848 of Official Records of said San Diego County; thence continuing South 76°16'30" West 709.90 feet - record 710.09 feet - to the intersection with the Easterly right of way line of the Atchison, Topeka and Santa Fe Railroad Company, said point of intersection being distant South 21°08'51" East 28.15 feet from the Northerly line of Poinsettia Lane as measured along the Easterly right of way of said Railroad Company; thence along said Easterly right of way North 21°08'51" West CLTA Preliminary Report Fonn (Rev. 1/1/95) 974545 Page 4 51.43 feet to a line parallel with and distant Northerly 51.00 feet measured at right angles to the above mentioned line having a bearing and distance of South 76° 16'30" West 709.90 feet; thence along said parallel line North 76°16'30" East 719.15 feet to the intersection with a non tangent curve concave Easterly and having a radius of 500.00 feet, said curve being the above mentioned curve having a radius of 500.00 feet, a radial from said point bears North 82°07'45" East; thence Southerly along said curve through a central angle of 5051'15" an arc length of 51.09 feet to the true point of beginning. Excepting therefrom those portions previously dedicated to the public use as described in the aforementioned deed recorded December 22, 1966 as File No. 198819 of Official Records. Excepting therefrom that portion described as follows: Beginning at the Northwest corner of the East Half of the Northeast Quarter of said Section 29; thence South 20°27'52" East 869.10 feet; thence South 69°32'08" West 275.76 feet to a point on the Easterly right of way line of the Atchison, Topeka and Santa Fe Railway, being 200.00 feet wide; thence along said right of way line North 20°27'52" West 154.51 feet to a point on the Easterly lien of Lot 1 in said Section 29; thence along said line North 0°38'14" East 765.95 feet to the point of beginning. Also excepting therefrom that portion of the East 1/2 of Section 29 and the West 1/2 of Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad. County of San Diego, State of California, according to Official Plat thereof lying Northerly of the Northerly line of Parcel "C" as described in the deed to the. City of. Carlsbad, filed in the Office of the County Recorder of San Diego County, on May 18, 1984 as File No. 84-186516 of Official Records, and lying Southerly, Easterly, Southeasterly of the following described line: Commencing at the centerline intersection of Avenue Avenida Encinas and Poinsettia Lane as shown on Parcel Map 14028, filed November 18, 1985 as File No. 85-434716 of Official Records; thence North 13°01'21" West 1.46 feet (North 13°43'30" West 1.46 feet per said Parcel Map 14028) to the beginning of a curve, as shown on said Parcel Map; concave Easterly, having a radius of 500.00 feet; thence Northerly along said curve 133.48 feet through a central angle of 15°17'45" to the point of beginning through which a radial line bears North 87°43'36" West; thence North 87°43'36" West 42.00 feet along prolongation of said radial line to the beginning of a non-tangent curve through which a radial line bears North 87°43'36" West, concave Easterly, having a radius of 542.00 feet; thence Southerly along said curve 33.50 feet through a central angle of 3°32'27"; thence South 40°29'48" West 33.70 feet; thence South 76°54'40" West 298.51 feet; thence South 13°05'20" East 11.81 feet more or less to the point of intersection with the Northerly line of said Parcel "C" and being the point of terminus. Also, excepting therefrom, .all oil and mineral rights below 500 feet without right of surface entry as reserved by A. L. Shipley, Jr., Conservator of the Estate of George H. Capron in CLTA Preiimmary Report Form (Rev. 1/1/95) 974545 Page 5 deed recorded June 30, 1969 as File No. 116905 and re-recorded July 23, 1969 as File No. 132460, both of Official Records. CLTA Preliminary Report Form (Rev. 1/1/95) 974545 Page 6 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. General and special taxes, including any assessments collected with taxes, to be levied for the fiscal year 1998-1999, which are a lien not yet payable. B. General and special taxes, including any personal property taxes, and assessments collected with taxes for the fiscal year 1997-1998. Total: $27,981.06 First Installment: 13,990.53 Paid Second Installment: 13,990.53 Paid Land: 2,546,370.00 Improvements: -0- Homeowners' Exemption: -0- Code: 09027 Parcel: 214-450-25 C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the Revenue and Taxation Code of the State of California. D. The lien, if any, which may be levied under a Community Facilities Act of 1982, pursuant to the provision of Chapter 1.5, Part I, Division 2 Title 5 of the Government Code of the State of California, by reason of the fact that said land may fall within such a district. Said lien, if any, may be incorporated into the regular property tax bill and may be a part of the General Tax Collections process. 1. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: The Pacific Telephone and Telegraph Company Purpose: public utilities, ingress and egress Recorded: October 25, 1941 in Book 1269, Page 3 of Official Records Affects: Located within a strip of land 15 feet in width, the center line being described as follows: CLTA Preliminary Report Form (Rev. 1/1/95) 974545 Page 7 Beginning at a point on the West property line of the East Half of the Northeast Quarter of Section 29, Township 12 South, Range 4 West, San Bernardino Base and Meridian, from which said point the Northwest corner of said East Half of Northeast Quarter of Section 29, bears North 00°02'00" West 689.37 feet; thence South 21°19'38" East 3057.10 feet to a point; thence along the arc of a circle concave to the East whose delta angle 16°30' and length is 860.58 feet to a point; thence South 04°48'38" East 95.40 feet to the point of termination, and from which said point the Southeast corner of said North one-third of Lot 4, Section bear South 89°49'50" East, 64.44 feet. 2. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: The Pacific Telephone and Telegraph Company Purpose: public utilities, ingress and egress Recorded: March 29, 1954 in Book 5186, Page 560 of Official Records Affects: Located within a strip of land 10 feet in width, the Westerly line of which is parallel with and abutting the Easterly right of way line of the Atchison, Topeka and Santa Fe Railway Company Right of Way. Beginning at a point on the Westerly lien of the East Half of the Northeast Quarter of Section 29, Township 12 South, Range 4 West, San Bernardino Base and Meridian, to the point of termination on the Southerly line of the North Half of the South Half of the Southwest Quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Base and Meridian. 3. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: The City of Carlsbad, a municipal corporation Purpose: slope purposes Recorded: May 14, 1974 as File No. 74-125459 of Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land Reference is made to said document for full particulars. CLTA Preliminary Report Form (Rev. 1/1/95) 974545 Page 8 4. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: The City of Carlsbad Purpose: storm drain Recorded: June 10, 1974 as File No. 74-152824 of Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land Reference is made to said document for full particulars. 5. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: The City of Carlsbad Purpose: slope purposes Recorded: May 18, 1984 as File No. 84-186516 of Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land Reference is made to said document for full particulars. 6. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Costa Real Municipal Water District Purpose: pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances, including but not limited to, conduits and cables for power transmission and communication Recorded: April 4, 1985 as File No. 85-114515 of Official Records 7. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: San Diego Gas and Electric Company Purpose: • public utilities, ingress and egress Recorded: September 18, 1987 as File No. 87-529947 of Official Records CLTA Preliminary Report Form (Rev. 1/1/95) 974545 Page 9 8. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Southern California Gas Company, a corporation Purpose: meter station Recorded: October 7, 1987 as File No. 87-566893 of Official Records 9. A document subject to all the terms, provisions and conditions therein contained. Entitled: Payment of Public Facilities Fee Dated: June 9, 1989 Executed by: the City of Carlsbad, a municipal corporation and the Lusk Company Recorded: September 1, 1989 as File No. 89-474552 of Official Records Reference is made to said document for full particulars. 10. The fact that said land lies within the City of Carlsbad Community Facilities District No. 1, as disclosed by instrument recorded May 20, 1991 as File No. 1991-0236959 of Official Records. 11. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a record of survey Record of Survey No.: Survey Map No. 13326 12. A document subject to all the terms, provisions and conditions therein contained. Entitled: Right of Entry Permit Dated: October 28, 1993 Executed by: TMM Realty Services, a California corporation, Permitor; and City of Carlsbad, a Municipal corporation, Permitee Recorded: January 27, 1994 as File No. 1994-0062532 of Official Records Reference is made to said document for full particulars. 13. A Notice of Special Tax Lien, Community Facilities District No. 3 of the Carlsbad Unified School District recorded April 26, 1994 as File No. 1994-0277976 and recorded July 27, 1995 as File No. 1995-0322359, both of Official Records. 14. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: The City of Carlsbad, a municipal corporation Purpose: For earth embankment slopes, together with the right to construct and maintain such slopes and embankments and facilities incidental thereto CLTA Preliminary Report Form (Rev. 1/1/95) 974545 Page 10 Recorded: September 30, 1994 as File No. 1994-0580814 of Official Records Affects: As shown on a plat attached to said document. 15. An option to purchase the herein described property by Optionor: HSL/BP/Michan L.P., a California Limited partnership Optionee: Magellan Property Corporation, an Arizona corporation Recorded: December 29, 1994 as File No. 1994-0739390 of Official Records Expiration Date: The Option, Non-Compete, and RFP Right expire if the Option is not exercised, and purchase of the Option Property is not completed, by May 1, 1997, or such later date, not later than September 1, 1997, if the Option is extended in accordance with the extension rights, if and as applicable, set forth in the Agreement (with the period from the date hereof through such date referred to herein as the "Option Term"). A "First Amendment to Memorandum of Option and Release of Remainder Property" recorded February 12, 1998 as File No. 1998-0075724 of Official Records. A "Memorandum of Post Closing Agreement" recorded February 12, 1998 as File No. 1998-0075725 of Official Records. 16. An agreement between Developer-Owner and the City of Carlsbad for the payment of a public facilities fee for outside the boundaries of Community Facilities District No. 1 recorded October 18, 1995 as File No. 1995-0469812 of Official Records. 17. A Covenant and Agreement Executed by: HSL/BP/Michan, L.P. In favor of: City of Carlsbad Recorded: July 12, 1996 as File No. 1996-0351884 of Official Records Said Covenant and Agreement, among other things, provides for the following: Payment of a Public Facilities Fee Reference is made to said document for full particulars. 18. A deed of trust to secure an indebtedness in the amount shown below: Amount: - $1,500,000.00 Dated: August 22, 1997 Trustor: HSL/BP/Michan L.P., a California limited partnership Trustee: Commonwealth Land Title Company CLTA Preliminary Report Form (Rev. 1/1/95) 974545 Page 11 Beneficiary: Valley Independent Bank Address: 1498 Main Street, El Centre, California 92243 Recorded: September 8, 1997 as File No. 1997-0433579 of Official Records Loan No: not shown CLTA Preliminary Report Form (Rev. 1/1/95) 974545 Page 12 Note No. 1: AS OF JANUARY 1, 1990, CHAPTER 598, CALIFORNIA STATUTES OF 1989, (AB 512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE. THE LAWS REQUIRE THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR WITHDRAWAL BY THE TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY UPON DEPOSIT. CASHIER'S CHECKS, TELLER'S CHECKS AND CERTIFIED CHECKS MAY BE AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT. ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF FUNDS ON TfflS ORDER. IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED. OUTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL CONFIRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR AVAILABILITY OF DEPOSITED CHECKS. WIRING INFORMATION FOR TfflS OFFICE IS AS FOLLOWS: UNION BANK 530 "B" STREET SAN DIEGO, CA 92101 BANK NUMBER: 122000496 CREDIT: Commonwealth Land Title Co. ACCOUNT NUMBER: 4000124120 Note No. 2: TfflS COMPANY DOES REQUIRE CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at the discretion of the escrow. Note No. 3: Requirement that this Company be furnished with a copy of any supplemental tax bills now in existence which are not reflected on this report. CLTA Preliminary Report Form (Rev. 1/1/95) 974545 Page 13 Note No. 4: If taxes are posted paid less than 45 days, the Company will hold the tax amount plus delinquency amount until 45 days have elapsed. If taxes have been paid through an impound account or if a copy of the cancelled check can be provided to us, this requirement can be waived. Note No. 5: If any deed of trust in favor of "Private Parties" is to be omitted from our policy of title insurance, we will require that the original note, deed of trust and properly executed and notarized request for reconveyance be surrendered for review prior to close of escrow. CLTA Preliminary Report Form (Rev. 1/1/95) «&» 214-45 I-'SOQ' > M »AJ nmc .tsuoi 10) n« ACOIVCT or ne cxu som «assw t MAP 10899-CARLSBAD TCT NO 81-5 SEC 29-TI2S-R4W-TOR E \A SEC 2a-TI2S-R4W-PCR W 1/4 for information ohly.Although the.....p.^.j i/iinnrcu ior imormauon only.Altfiough the Information on this plat Is part of the official records.lhc accuracy of thai information is not guaranteed by (hii company. This plat Is not to be considered as being • part CommonWflalth of the policy, report, blndcr,gu«r«nlee,or other product Land Title Company issued by this company, to which it may be attached. May 22, 1997 J.N.: 94-1004-1 Project Description C.T. 97-10 This is a Master Tentative Map to create six Planning Area lots, two Open Space lots, and one recreational vehicle storage lot according to Poinsettia Properties Specific Plan. The total gross acreage is 55.6 acres. The Planning area created will be subsequently developed with tentative maps and development plans on each Planning area. F :\MSOFFICE\WIN WORD\94-1004\PROJDESC.DOC PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. Applicant Signature: /^^/\j^^^--^ Staff Signature: Date: To be stapled with receipt to application Copy for file AVI CITY OF CARLSBAD 1200 CARLSBAW/ILLAGE DRIVE CARLSBAD, 434-2867 LIFORNIA 92008 REC'D FROM DATE ACCOUNT NO.DESCRIPTION AMOUNT i\ RECEIPT NO. ® Printed on recycled paper. NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL K<::OLi t 1 16 1200 CARLSBA ^D™ CITY OF CARLSBAD LLAGE DRIVE CARLSBAD, 434-2867 IFORNIA 92008 REC'D FROM ':* •DATE ACCOUNT NO. i \ Lj,-, f , > -> 4V ~ \V\\\\\ ' Ift-S O£!RECEIPT NO. 3912O DESCRIPTION CT °n-i6^ f- 1 A ,x " 3pff,/ , U I',;5; )-^,-¥^'fiX~ ,. /~ NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT $ -) -y^/ /w-t ( •^"^ — ^ j\ ,. S**''"-> ^•r: cc T/;/^/* A I '; ^ s">-1 . 1 -J ( 1 (._:(; C-PftHT 4790.00 •* 4, ~ftd ^ I Printed on recycled paper.CASH REGISTER City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA Receipt 92008 Applicant: HSL/BP/MICHAN STE 210 Description CT970010 Amount 45.54 6366 02/11/99 0001 01 02 C-PRMT 45.54 Not valid unless validated by Cash Register Receipt Number: R0001020 Transaction Date: 02/1T/1999 Pay Type Payment Method Check\ Description - •"•• Amount 2354 Ww' -- 45.54 Transaction'Amount: 45.54 CITY OF CARLSBAD 2075 Las Palmas Dr., Carlsbad, CA 92009 (760) 438-1161