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Home My WebLink AboutCUP 00-13; GTE WIRELESS - LA COSTA; Conditional Use Permit (CUP)0 0 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) O Administrative Permit - 2nd Dwelling Unit O Administrative Variance O Coastal Development Permit J Conditional Use Permit O Condominium Permit 0 Environmental Impact Assessment 0 Genera! Plan Amendment O Hillside Development Permit D Local Coastal Plan Amendment O Master Plan O Non-Residential Planned Development O Planned Development Permit O Planned Industrial Permit O Planning Commission Determination 0 Precise Development Plan 0 Redevelopment Permit O Site Development Plan O Special Use Permit O Specific Plan O Tentative Parcel Map Obtain from Engineering Department O Tentative Tract Map 0 Variance O Zone Change O List other applications not pc 2) ASSESSOR PARCEL NO(S).: - 223-240-23 3) PROJECT NAME: GTE Wireless - La Costa 4) BRIEF DESCRIPTION OF PROJECT: unmanned cellular communications facility 5) OWNER NAME (Print or Type) of underlying parcel 6) APPLICANT NAME (Print or Type) BCE Development Properties, Inc. GTE Wireless do General Dyriamics/WTS do Thomas Casey, Esq. MAILING ADDRESS MAILING ADDRESS 3151 Airway Avenue, Suite A-i 2835 Camino del Rio South, Suite 110 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Costa Mesa, CA 92626 (714) 744-1235 San Diego, CA 92108 (619) 725-3904 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 KNOWLEDGE. CORRECT TO THE BEST OF MY KNOWLEDGE. See Attached Letter SIGNATURE DATE I SIGNATURE Agent for Applicant DATE 7) BRIEF LEGAL DESCRIPTION Lot 401 of Carlsbad Tract No. 72-20 (La Costa Vale) Unit No. 3 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMIrrW PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. Qev cW?J Form 16 PAGE 1OF2 8) LOCATION OF PROJECT: NA 4 STREET ADDRESS ON THE I -west I SIDE OF I Esfera Street I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Piragua Street AND Fosca Street I (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I 10) PROPOSED NUMBER OF LOTS NA 11) NUMBER OF EXISTING NA 12) PROPOSED NUMBER OF NA RESIDENTIAL UNITS RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION NA 14) PROPOSED IND OFFICE! NA PROPOSED COMM NA SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED NA 17) PROPOSED INCREASE IN NA 1 8) PROPOSED SEWER NA PROJECT IN OPEN SPACE ADT USAGE IN EDU 19) GROSS SITE ACREAGE • 20) EXISTING GENERAL PLAN RLM 21) PROPOSED GENERAL PLAN DESIGNATION NA 22) EXISTING ZONING 0-5 23) PROPOSED ZONING NA 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 pJk4 (?,o SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED MAR 172000 CITY OF CARLSBAD PLAN NDNTRECEIVED DATE STAMP A RECEIVED BY: TOTAL FEE REQUIRED Qau-Q ArsLu~~. DATE FEE PAID RECEIPT NO. I Form 16 PAGE 2OF2 0 . PLANNING DEPARTMENT APPLICATION SUBMITTAL CHECKLIST (for staff use only) The following checklist includes items required on application forms and is intended to be an easy checkoff for application submittal. All site plans, landscape plan, elevations, floor plans and constraint maps should be submitted on 24" x 36" sheet(s) folded to 8 %" x 11". Plans MUST be assembled into 10 comnlete nackets by the anulicant urior to accentance by the Cliv. Each nacket must include I sheet of each exhibit and all sheets must be stapled into 1 complete set. * See specific application form for additional items 1. omplete Land Use Review Application kr'_________ Planner Date 2. 'SitePlan - 10 copies 3. andscape Plan - 10 copies. 4 copies for projects with four or fewer units 4. [J Building Elevations and Floor Plans - 10 copies 5. Constraints map - I copy 6. 'EIA (Fee is not required when project is obviously exempt from CEQA, i.e., for single family homes, less than 4 units, commercial with an occupancy load of less than 30) 7. f] PFF agreement - 1 notarized original and 1 reproduced copy S. [sclosure Statement 9. Z'Prehminary Title Report - 3 copies dated within last 6 months 10. Proof of sewer availability if located in Leucadia or Vallecitos Water Districts. 11. [J School letter 12. D When parcel map submitted D Agreement to waive tentative parcel map time limits 13. D For projects with an ADT greater than 500 vehicles per day or 200 or more peak-hour vehicle trips O Circulation Impact Analysis - 2 copies 14. Environmental studies which may be necessary to allow adequate environmental review by City o Biology Noise Fl Archeology 0 Soils contamination o Traffic 0 Other 15. fl For all projects with cut or fill depths exceeding 5 feet o Preliminary soils/geologic report -2 copies 16. For condo conversions: o Statement that Map Act will be complied with o Letter from SDG &E - plans to convert are OK o Copy of compliance inspection by Building Department 17. [] For lots exceeding 1 acre o Preliminary hydrology map and calculations 18. Architectural Small Lot Guidelines Compliance Summary, if applicable 19. j'1Iotographs of property 20. [j For planned developments on properties designated or zoned for single family development o Prelminary tentative map showing how property could be subdivided under standard zoning 21. otice of Time Limits on Discretionary Applications 22. ' Project Description/Explanation H Word Development ServicesCunent Planning'Apphcat,on Chklst 06103/99 . 0 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: 4 Staff Signature: Date: 13 /f 7412v To be stapled with receipt to application Copy for file City of Carlsbad - J F1 .1111 IT II1 .1 14.11=] ik 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 at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, ciiy municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, The legal name and entity of the applicant and property owner must be provided below. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person of the Pacific, Inc. Title do General Dynamics/WTS Address 2835 Camino del Rio South, #110 San Diego, CA 92108 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp. BCE Development Properties * San Diego Gas and Electic ** person Title- Thomas Casey Title - Earikrupty Trustee Add 101 Ash Street, San Diego, CA 92101 Address * Owner of underlying parcel ** Owner of lattice tower & utility easement 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 - (760) 438-1161 • FAX (760) 438-0894 Ll fl1 City '' of Carlsbad ax1027211011 all-To" 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 at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in 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." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application, if the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) SEE ATTACHED Person Corp/Part________________________________ Title Title____________________________________ Address Address_________________________________ 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporations include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) LAND: TOWER: Person Thomas H. Casey, Esq. Corp/Part Corp/Part San Diego Gas & Electric Chapter 7 Trustee for Title____________________________ Title SEE ATTACHED - - - CE Development, Inc. Address____________________________ M13:3151 Airway Avenue, Suite-A-1 Costa Mesa, CA 92626 Nature ofownership: Bankruptcy Estate/NA 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760)438-1161 • FAX (760) 438-0894 19 3. NON-PROFIT OIS4IZATION OR TRUST 0 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 N/A Non Profit/Trust N/A 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? D Yes No If yes, please indicate person(s):_______________________________ NOTE: Attach additional sheets if necessary. 1 certify that all the above information is true and correct to the best of my knowledge. See Attached Letters Signature of owner/date Thomas H. Casey, Esq. San Diego Gas & Electric Print or type name of owner See Attached Letter Signature of applicant/date GTE Wireless/WTS Print or type name of applicant vum- LL&:~L :::~~ Kimberly Sheredy Print or type name of owner/applicant's agent H:ADMIMCOUNTERDISCLOSURE STATEMENT 5198 Page 2 of 2 . S DISCLOSURE STATEMENT ADDENDUM GTE- La Costa Cellular Facility 1. APPLICANT INFORMATION: GTE Wireless of the Pacific, Inc. do General Dynamics!WTS 2835 Camino del Rio South, Suite 110 San Diego, CA 92108 GTE Wireless is a Publicly Owned Corporation CORPORATE OFFICERS: GTE Wireless One GTE Place, GAl B3LGL Alpharetta, GA 30004 Charles Lee Chairman, CEO Michael Masin Vice Chairman, President of International Daniel O'Brien Executive Vice President of Finance, CFO William Barr General Counsel, Executive Vice President of Government & Regulatory Advocacy J. Randall MacDonald Executive Vice President- Administrator of Human Resources . S 2. OWNER INFORMATION- TOWER: San Diego Gas and Electric (subsidiary of Sempra Energy) 101 Ash Street San Diego, CA 92101 Nature of Legal Ownership: Publicly Owned Corporation CORPORATE OFFICERS: Richard Farman Chairman. CEO Stephen Baum Vice Chairman, President, COO Neal Schmale Executive Vice President, CFO John Light Executive Vice President, General Counsel Jerry Florence Senior Vice President- Corporate Communications S PLANNING GTEW7S\215d!scstmnt &c 0 9 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: GTE Wireless - La Costa APPLICANT NAME: GTE Wireless c/o General Dynaniics/WTS Please describe fully the proposed project. Indude 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 involves collocating on an existing 119 foot-tall SDG&E steel lattice transmission tower, located northwest of Rancho Santa Fe Road and south of Fosca Street. GTE Wireless is proposing an unmanned cellular facility consisting of a 200 square-foot equipment building with one (1) 4" diameter UPS antenna mounted to its southern elevation; and twelve (12) panel antennas and one (1) 2'-0' diameter microwave dish mounted to an existing SDG&E steel lattice transmission tower. The panel antennas will be mounted at a height of 47' on the steel lattice tower. SDG&E requires a minimum 16-foot clearance between the bottom of their power lines and the top of GTE's antennas. The antennas cannot be lowered because they would not reach GTE's coverage objective for this area. The microwave dish will be mounted at 30' and cannot be lowered because it needs to have line-of-sight to an existing cellular facility located on the water tanks to the east. The equipment building's location corresponds with SDG&E's right-of-way and the location is flat, disturbed and contains no native vegetation. This facility is necessary to provide enhanced cellular coverage in the area, will be in operation 24 hours a day,7 days a week and will require two monthly maintenance visits. This project will have no impact on the regional transportation system and will be consistent with the City's Noise Guidelines. To prevent any noise from disturbing the residents, the air conditioning units on the western elevation face into the easement rather than into the adjacent residences. The proposed project is designed as a collocation on an existing public utility to minimize the visual impacts from the surrounding areas. The proposed project will have a negligible visual impact due to the small size of the antennas and microwave dish and the fact that they will be painted to match the lattice tower. For the Preliminary Review submittal, the equipment building was shown with a flat roof, a pebble stone exterior and a chain link fence (see enclosed preliminary review photosimulation). The revised equipment building design, as shown in the new photosimulation (Figure 1), now has the following architectural enhancements: a pitched tile roof, a stucco exterior and a fascia board. To screen the equipment building and the chain link fence, GTE is proposing to plant eight 15-gallon knife acacias (10-15 feet high at maturity) and fourteen 5-gallon wild lilacs (6-7 feet tall at maturity) around three sides of the building. The proposed landscaping will be maintained by GTE. To demonstrate the improvements we have made in the overall design of the project, we have included a copy of the photosim from the Preliminary Review. R. 4M P?oDsschm The cellular facility will provide a necessary and desirable service by providing additional cellular coverage and capacity for the eastern portion of the City of Carlsbad in the following ways: 1) Mobile communication service is growing in general use for both small and large businesses as well as individuals and public agencies. The tecimology allows for mobile communications of telephones, faxes and computer data. 2) The growing importance of mobile communication devices makes such service necessary for the future business climate of the City of Carlsbad. 3) The mobile phone service is also of use for families, individuals and public agencies to allow instant communication with others as well as providing mobile contact with the 911 emergency service system, thus contributing to the general well-being of the community. The proposed use will not pose a danger to the public safety and welfare as it only involves the operation of a cellular antenna that operates well below the safety standards established by ANSI and utilized by the FCC. The proposed facility will consist of: • Twelve panel antennas mounted to an existing SDG&E transmission tower; • Associated electronic equipment hoased in a 200 SF modular equipment building; • One microwave dish mounted to the SDG&E transmission tower; • One GPS antenna mounted near the roof of the modular building; • Landscaping in the form of eight (8) knife acacias and fourteen (14) wild lilacs; and • No grading is proposed. S 'FL 'c'1Nci\GTEWTS 218cdesctipton doc I LIl ~ __ I March 17, 2000 Michael J. 1-Iolzmiller, Director Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 SUBJECT: GTE WIRELESS -LA COSTA - PROPOSED CELLULAR FACILITY Dear Mr. Holzmiller: Lettieri-McIntyre and Associates. on behalf of GTE Wireless, is submitting the attached application package for a Conditional Use Permit for a cellular communication facility. The proposed project involves collocating on an existing SDG&E transmission tower, located northwest of Rancho Santa Fe Road and south of Fosca Street. Enclosed please find 10 copies of the site plan, 10 copies of the landscape plan, one set of reduced plans, one location map, the land use review application form, environmental impact assessment form, disclosure statement, three copies of the preliminary title report. completed project description/explanation sheet, photographs, photosims, materials board, and a check for $2680. The constraints map is not necessary for this project as it only encompasses a 200 square-foot equipment shelter on the ground. The area where the equipment shelter will be located is flat, disturbed and contains no native vegetation. The proposed project will consist of a 200 square-foot equipment building and one (1)4" diameter GPS antenna mounted to its southern elevation; and twelve (12) panel antennas and one (1) 2'-0' diameter microwave dish mounted (and painted to match) to an existing 119'-2" foot-tall SDG&E steel lattice transmission tower. The panel antennas will be mounted at a height of 47' on the existing lattice tower. SDG&E requires a minimum 16-foot clearance between the bottom of their power lines and the top of GTE's antennas. The antennas cannot be lowered because they would not reach GTE's coverage objective for this area. The microwave dish will be mounted at 30' and cannot be lowered because it needs to have line-of-sight to an existing cellular facility located on the water tanks to the east. The equipment building's location corresponds with SDG&E's right-of-way. On February 10, 2000, City staff conducted a preliminary review of the project (PRE 00-04). The issues raised by staff included: 1. Make the project more stealth in design. 2. Add more architectural features to the equipment building, including a tile roof and a stucco exterior. 3. Add landscaping to screen the shelter and chain link fence. 4. Note locations of existing trees and any tree removals or relocations. 5. Show the property lines, structures and improvements for the adjacent residences. 6. Provide a formal letter of approval from SDG&E. In response, we have revised the plans and have addressed these concerns by: 1. Proposing to paint the panel antennas and the microwave dish to match the existing transmission tower. 2. Adding a tile roof (Valencia) and a stucco exterior (Pebble) as well as a fascia (Moorwood) to the equipment building. • I Mr. Michael Holzmiller March 17,2000 - Page 2 of 2 2. Adding a tile roof (Valencia) and a stucco exterior (Pebble) as well as a fascia (Moorwood) to the equipment building. 3. Adding eight 15-gallon knife acacias and fourteen 5-gallon wild lilacs to screen the equipment shelter and the chain link fence. 4. Noting the location of an existing palm tree and the area where it will be relocated. 5. Showing the property lines and existing improvements for the adjacent residences on Sheet I of the site plan. 6. Providing a letter of approval from SDG&E. The proposed project is designed as a collocation on an existing public utility to minimize the visual impacts from the surrounding areas. The proposed project will have a negligible visual impact due to the small size of the antennas and microwave dish and the fact that they will be painted to match the lattice tower. For the Preliminary Review submittal, the equipment building was shown with a flat roof, a pebble stone exterior and a chain link fence (see enclosed preliminary review photosimulation). The revised equipment building design, as shown in the new photosimulation (Figure 1), now has the following architectural enhancements: a pitched tile roof, a stucco exterior and a fascia board. To screen the equipment building and the chain link fence, GTE is proposing to plant eight 15-gallon knife acacias (10-15 feet high at maturity) and fourteen 5-gallon wild lilacs (6-7 feet tall at maturity) around three sides of the building. The proposed landscaping will be maintained by GTE. To demonstrate the improvements we have made in the overall design of the project, we have included a copy of the photosim from the Preliminary Review. This project will have no impact on the regional transportation system and will be consistent with the City's Noise Guidelines. To prevent any noise from disturbing the residents, the air conditioning units on the western elevation face into the easement rather than into the adjacent residences. The proposed facility will consist of: • Twelve panel antennas mounted to an existing SDG&E transmission tower; • Associated electronic equipment housed in a 200 SF modular equipment building; • One microwave dish mounted to the SDG&E transmission tower; • One GPS antenna mounted near the roof of the modular building; • Landscaping in the form of eight (8) 15-gallon knife acacias and fourteen (14) 5-gallon wild lilacs; and • No grading is proposed. If you have any questions please call me at (619) 238-4241. Sincerely, LETTIERI-McINTYRE AND ASSOCIATES c7 f Deborah L. Collins. AICP Senior Project Manager CC: Virginia Partridge, General Dynamics, WTS S L4NNINGTEWrS2IRCOVER3 £JOC 0 tri t Wireless Products and Services 12677 Alcosta Boulevard P.O. Box 5011 San Ramon, CA 94583-0811 510 277-9400 June 3, 1999 To whomever this may concern: GTE Wifeless of the Pacific Incorporated authorizes Lettieri - McIntyre and Associates, Inc. employees to act on behalf of GTE as its agent for all land use entitlements in the greater San Diego, CA area. Should you have any questions or need further proof of representation, please do not hesitate to contact me directly at (925) 904-3516. Thank you for your consideration. R1y, Mark Bullard Administrator, Property Management Pacific Coast Region A part of GTE Corporation S S GTE Wireless Products and Services 12677 Alcosta Blvd. P0. Box 5011 San Ramon, CA 94583-0811 Tel: 925 277-9400 May 15, 2000 Michael J. Holzmilier, Director Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad. CA 92008-7314 SUBJECT: CUP 00-13: GTE WIRELESS- LA COSTA (CA1450)- PROPOSED CELLULAR FACILITY Dear Mr. Holzmiller: GTE Wireless is currently in negotiations to purchase property from BCE Development Properties. Inc. (APN 223-240-23) upon which GTE is proposing to install a cellular communications facility on an existing SDG&E steel transmission tower. BCE has filed for bankruptcy. which has made obtaining the necessary disclosure statement information as required by the City difficult. As soon as the purchase of the property is finalized, v;e will he able to submit the additional owner information. If you need additional information. pleast cail Virginia Partridge. ,619) 725-3904, GTE Wireless' representative for this project or you can cal; me, (925) 904-3841. Sincerely, 11i Andrew Rattner Property Administrator A part of GTE Corporation _ S _ GENERAL. DYNAMICS tLL1, . Worldwide Telecommunication Systems Dew M Hoe 1 7 Thcrnas &se;:Es4kxy1a7 Vrn r.e o Ba' 3151 Away Avernae 62 ___ Sulk A4. Costa Mesa, CA 926 Banlauptcy Trjstae foi acE DevebpmeM Cc DetbEe Cohns, LMann g Consultant) 35 ca!l*Po d. Ria Soi.øi. Sib 110 11 SarI DieQo, CA 92108 Sempra Energy March 15, 2000 Mt Deor of Pkng City of Carlabad 1635 Faraday Avenue Cazfsbad, CA 9200 Re: Letter of Approval for GTE's La Costa Cellular Facility Sincerely, JoimB. Burton Tnd Mim CP&qIwqVf Mger Snpra Energy, duly mxthxized ag* for SDG&E fill ** From Preliminary Review S ubmittal** West Elevation GTE Wireless - La Costa - Preliminary Review - Photosimulation_______ BEFORE AFTER GTE Wireless - La Costa - Photosimulation - West Elevation Figure 1 RD 0001~ View 1: Looking north towards project site from Cabo Court. I - aim $tIU - aim Ll • ff_l a- View 2: Looking south towards project site from Fosca Street. GTE Wireless - La Costa - Photographic Survey Figure 2 'S SI LWaL I View 3: 3: Looking west towards project site from Esfera Street. View 4: Looking east towards project site from the easement. GTE Wireless - La Costa - Photographic Survey Figure 3 P~A A View 5: Looking north from project site. - 1 4 4 jr - View 6: Looking northeast to east from project site. GTE Wireless - La Costa - Photographic Survey Figure 4 View 7: Looking east to southeast from project site. 11 View 8: Looking south from project site. GTE Wireless - La Costa - Photographic Survey —Figure 5 I / / ,. : View 9: Looking southwest to northwest from project site. GTE Wireless - La Costa - Photographic Survey Figure 6 0 Looking north to east. LFIVAN 41* Looking west to north. C GTE Wireless - La Costa - Existing Residences along Fosca Avenue Figure 4 VFAI IT Existing GTE Wireless - La Costa - Existing SDG&E Tower - West Elevation Figure 5 UVA ~ 4P 9 X V \ ' '\\ , 7 - Proposed GTE Wireless - La Costa - Photosimulation of Proposed Facility - West Elevation Figure 6 HWaL 0 GTE Wireless - Proposed Panel Antenna Figure 7 APPROVAL FOR ZONING OWNER so SUBMITTAL 4010101 APPLICANT/ LESSEE 1.40140110 0010 _____________ 40004404 14*04000! ga,r 0410_______ 00 OOA 404 100 10110_ 000 0410 ARCHITECT Km" www 00*0 ______ *04010414001 0.0*400 00*004410 00444404-4414 I LEGAL DESCRIPTION F -1 .a..11.,10,10ITM...*41101 4040! 10*44040,104110 12-4*4-A 44*00*44*040.4014 I-- - - 4------ - -- ---- - ----4 14001? 0! 10*40.040, 000TY 0! 000100. 04A1110!4*4rtoll& I I 1000 *40401.101011 4440*000 TO 44011004010 04000410011*0110000 ITO - - I a.oiooio LW0? 41*40 0144004-40 PROJECT DESCRIPTION 1040aM ATYU1.ATIOIP*40A *1040*4401 040 MI 41104*10 REVISIONS 1.40 40TA401? 000040 0104 OTt 004040 1140* 1000401140.010 4000414010*01000.1000.0011111.04440 *410.104011040404140 0400110 14440010! 04011100100 TOM 1011111000444*4*4004011040111011101*04*0404004104010. 40100404 0011* 4004 lOOT? MO 00014044 0014* 0*I400 IOU. 40440,0*100 TO .101 111T04440400040T1 11*4*4*4.04 4401*000 NIL ra 4010480103111044*4440401.04100*0110* 44 ITO *000. 110010000004111404.0401104 ,40oT *10*4040*444*1100 4*4? 1.10 4*11Th 1* 11*07104 00410*44 0010001 40110*00*0.011111* 01004T04 11015 P*44IT10 1*1. 11* .*.Vo .UW(10111r00 10114410011 1.0011? * to 0100004000.0040*4004*1*0401*10311010*4440* 6*44041.ATTO* At ITO 1.0*01104. STATISTICS SHEET SCHEDULE I tOT 14101111*1444 MA P40PLIWD 04104011 004. 1040 1I 2 00.0000440140 T401 104*114 omowA I 040700 USV4T0* BUILDING DATA 4P,T40V *04010. VICINITY MAP 401101040400040141 am GTE Wireless I I wl I I ii ._ 40 10* t-0 0401010 040400! 0*IAITCOD TO *0411010011 T1101IllI404 10410 Ii a (4*400 1 — 4Jan40 - U IIH I 'I II 14totW*0l10. 240-140-40 SITE PLANty l i lt El \----- v - ' ENLARGED SITE PLAN ft"W." I p'It 1! a t U -x Ii H NI v'lq Nn$*M ATThC*WO - III1 ,- ,ar Ions *flSMIOl o6ll r 05 sIooIo5 ,.IoS I m7a e.r Moo else MIS MMMI IS ISLE MMMIIS MMII WEST ELEVATION SOUTH ELEVATION 8 II Ii II - r I. eI mM ..I 11 Rail! Tv w.øpwo MW 061 ow M oil 16.0' M*I EAST ELEVATION NORTH ELEVATION ij IT I, C I II ' II iII u I DLI-1S CO9L I -- 4008 VINdIi dIadV3 0IW NDNNI)i'W QLVI NMBAIB3INVI •$$% £UftUWWV .4vasa,a, t NVIfldVOSQaNV-sn.1 I - 1VUId33NOO 1Nu-a) - • J11.14 UL c-' *ad i' fl -llwl 0111itI I.- 09 'Jt4 WW t-1aI 'j4 l'H Lii W2M jj 4. . -u -11 '1N1f4.JS -I cr4 I.l'd i' c1'viJ -11i1lJ 4r1 Lci c-iia J- J-•-.L 1ø4 d •i - crl , rA'l -IWHIH -I W'Iw'?l cifS-. 4a' ii.' fr a' iAiva tii 'tUt'a" -' 41 4' vj1U4M•'l 1"t al ts ti ' rL j,) L.4aIal J I l,IL kaI'A rhJft'.i-.a av.I 0i.qit4 pa fl_s 1 1p iij- ,kit11's IIH IH H1$ia J1I4 .1 •1. 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UI?) 414 DRAWN BY: TW Bo ARCHITECTURE PLANNI NG TITLE: VICINITY MAP PROJECT NAME: GTE WIRELESS - LA COSTA PROJECT NO. 99057 SCALE: NTS SHEET 1OF1 DATE 3116/00 REV DATE: SITE Current Coverage Before the La Costa Site 33-8 N 33-6 N 33-4 N 33-2 N SDOO_BAJA02 GRANET Ver 2.4.2.2 Map#91 UTMzone 11 User ID: sandiego Tue May 9 16:59:30 2000 Signal Strength [dBm] C=:J BELOW-85 -ABOVE-85 Figure 1 Scale 1 :75,000 mile 0 o:s km 6 GTE Laboratories Inc. 40 Sylvan Road Waltham, MA 02254 i:s 2 Proposed Coverage for La Costa 33-8 N 33-6 N SDOO_BAJA02 GRANET Ver 2.4.2.2 Map#91 UTMzonell User ID: sandiego Tue May 9 16:55:30 2000 Signal Strength [dBm) c:::J BELOW-85 -ABOVE-85 Figure 2- Scale 1 :75,000 mile 0 o:s km 6 GTE Laboratories Inc. 40 Sylvan Road Waltham, MA 02254 (s 2 ,• · .... ·; .. • .. • .. · . ; .•.... : . , •. :····-: .. :·. ,,<: .• .. / : . .. I FACILITY Figure_ 3 -·-···~-- 1. CMTO BONAN~ ~ . 2 CMTO· t1f\LA~ RP 3_cl fIMITEO . ·---4: CMTO PUERTO 5 CMTO LEON 6 CMTO TINGO . . 0. Citv of Carlsbad INSTRUCTION SHEET FOR FILLING OUT ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I This Environmental Impact Assessment (EIA) Form - Part I will be used to determine what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Recent judicial decisions have held that a "naked checklist," that is checklist that is merely checked "yes" or "no," is insufficient to comply with the requirements of the California Environmental Quality act. Each "yes" or "no" answer must be accompanied by a written explanation justifying the "yes" or "no" answer. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Part H. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 n ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO: DATE RECEIVED: (To be completed by staJJI) BACKGROUND GTE Wireless Ta Costa 1. CASE NAME: GTE Wireless c/o General Dynaxnics/WTS 2. APPLICANT: 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 635 Camino Iel Rio South, 4110 San Dieqo. CA )2108 (619) 75-3304 4. PROJECT DESCRIPTION: See Attache1 Sheet SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. Land Use and Planning Population and Housing Geological Problems Water []Air Quality Transportation/Circulation Biological Resources U Energy & Mineral Resources [I] Hazards U Noise EJ Mandatory Findings of Signil U Public Services Utilities & Service Systems U Aesthetics Cultural Resources U Recreation icance 1 Rev. 03/28/96 . . PROJECT DESCRIPTION The proposed project involves collocating on an existing 119 foot-tall SDG&E steel lattice transmission tower, located northwest of Rancho Santa Fe Road and south of Fosca Street. GTE Wireless is proposing an unmanned cellular facility consisting of a 200 square-foot equipment building with one (1) 4" diameter GPS antenna mounted to its southern elevation; and twelve (12) panel antennas and one (1) 2'-0' diameter microwave dish mounted to an existing SDG&E steel lattice transmission tower. The panel antennas will be mounted at a height of 47' on the steel lattice tower. SDG&E requires a minimum 16-foot clearance between the bottom of their power lines and the top of GTE's antennas. The antennas cannot be lowered because they would not reach GTE's coverage objective for this area. The microwave dish will be mounted at 30' and cannot be lowered because it needs to have line-of-sight to an existing cellular facility located on the water tanks to the east. The equipment building's location corresponds with SDG&E's right-of-way and the location is flat, disturbed and contains no native vegetation. This facility is necessary to provide enhanced cellular coverage in the area, will be in operation 24 hours a day, 7 days a week and will require two monthly maintenance visits. This project will have no impact on the regional transportation system and will be consistent with the City's Noise Guidelines. To prevent any noise from disturbing the residents, the air conditioning units on the western elevation face into the easement rather than into the adjacent residences. The proposed use will not pose a danger to the public safety and welfare as it only involves the operation of a cellular antenna that operates well below the safety standards established by ANSI and utilized by the FCC. The proposed project is designed as a collocation on an existing public utility to minimize the visual impacts from the surrounding areas. The proposed project will have a negligible visual impact due to the small size of the antennas and microwave dish and the fact that they will be painted to match the lattice tower. For the Preliminary Review submittal, the equipment building was shown with a flat roof, a pebble stone exterior and a chain link fence (see enclosed preliminary review photosimulation). The revised equipment building design, as shown in the new photosimulation (Figure 1), now has the following architectural enhancements: a pitched tile roof, a stucco exterior and a fascia board. To screen the equipment building and the chain link fence, GTE is proposing to plant eight 15-gallon knife acacias (10-15 feet high at maturity) and fourteen 5-gallon wild lilacs (6-7 feet tall at maturity) around three sides of the building. The proposed landscaping will be maintained by GTE. To demonstrate the improvements we have made in the overall design of the project, we have included a copy of the photosini from the Preliminary Review. The proposed facility will consist of: • Twelve panel antennas mounted to an existing SDG&E transmission tower; • Associated electronic equipment housed in a 200 SF modular equipment building; • One microwave dish mounted to the SDG&E transmission tower; • One GPS antenna mounted near the roof of the modular building; • Landscaping in the form of eight (8) knife acacias and fourteen (14) wild lilacs; and • No grading is proposed. S PLA NiNG'GThWTS\21$pn,jdescnpUon doc . "Ma [UT qz5va,11"Max-ft- STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (E]R), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question- A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Irnpaef' to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but an potentially significant effects (a) have been analyzed adequately in an earlier BIR. or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EM or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When 'Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier FIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 2 Rev. 0312 8/96 . If there are one or more potentially significant effects, the City may avoid preparing an FIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An FuR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (I) the potentially significant effect has not been discussed or mitigated in an Earlier FIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier Em; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the farm under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 3 j.cv. 03/28/96 • . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated 1. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project?( ) C) Be incompatible with existing land use in the vicinity? El El o d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an El established community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or El 11 11 19 indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( - c) ) Displace existing housing, especially affordable El El El housing?( ) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) El El El b) Seismic ground shaking? ( ) El El El c) Seismic ground failure, including liquefaction? El El El d) Seiche, tsunami, or volcanic hazard? El El El e) Landslides or mudflows? ( ) El El El f) Erosion, changes in topography or unstable soil El El El conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) El El El h) Expansive soils? ( ) El El El I) Unique geologic or physical features? El El El IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the El El El rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards El El El such as flooding? ( ) 4 Rev. 03/28/96 Potentially Sig Ir Significant Significant Signifcan lmpa npact Unless Impact Mitigation Incorporated Potentially Less Than No ct . Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water body? ( ) e) Changes in currents, or the course or direction of water movements? ( ) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? ( ) h) Impacts to groundwater quality? ( ) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation 9 C ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Create objectionable odors? ( ) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? Cr C ) g) Rail, waterborne or air traffic impacts? C ) LI LI VN LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI LI Uni LI LI LI LI LI LI LI LI LI LI LI LI 5 Rev. 03/28/96 . Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? ( ) b) Locally designated species (e.g. heritage trees)? ( ) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? ( ) b) Use non-renewable resources in a wasteful and inefficient manner? ( ) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazards?( ) d) Exposure of people to existing sources of potential health hazards? ( ) e) Increase fire hazard in areas with flammable brush, grass, or trees? ( ) fl Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated LI LI LI o 0 0 LI 0 LI EZ o 0 LI 0 LI LI LI LI LI LI LI 0 0 0 LI LI LI LI o LI 0 El LI LI o LI LI LI LI 0 X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( 0 0 LI b) Exposure of people to severe noise levels? o LI LI XL PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( ) c) Schools? ( ) LI LI LI LI LI LI LI LI LI EK 6 Rev. 03/28/96 . . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated d) Maintenance of public facilities, including roads? e) Other governmental services? ( ) El El LInj XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? ( ) b) Communications systems? ( ) c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? ( ) e) Storm water drainage? ( ) f) Solid waste disposal? ( ) liii FZ g) Local or regional water supplies? ( ) LII IZI XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? b) Have a demonstrate negative aesthetic effect? c) Create light or glare? ( ) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) El LI LII b) Disturb archaeological resources? ( ) c) Affect historical resources? ( ) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) ( ) Restrict existing religious or sacred uses within the potential impact area? ( ) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? LI 7 Rev. 03/28/96 . . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the 9 quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually 9 limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? - XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier 'EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 8 Rev. 03/28196 . . DISCUSSION OF ENVIRONMENTAL EVALUATION Please use this area to discuss any of the environmental factors that were checked "No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigation Incorporated." The City has adopted a "Statement of Overriding Consideration" with regard to air quality and circulation impacts resulting from the normal buildout according to the General Plan. The following sample text is intended to guide your discussion of the impacts to these environmental factors. AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditinns of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections 9 Rev. 03/28/96 . are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EW. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the 'initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master FIR 93-01, by City Council Resolution No. 94-246. included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. LIST OF MITIGATING MEASURES (IF APPLICABLE) NA ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) NA 10 Rev. 03/28/96 . . Summary of Impacts LAND USE AND PLANNING a. The proposed project would not conflict with the general plan designation or zoning because a Conditional Use Permit is required for this type of project, regardless of the zone. The Planning Commission would determine if the project would be in conflict with the area. b. As stated in the project description, the project would only consist of a 200 square- foot equipment building, 12 panel antennas, one microwave dish and one GPS antenna and would not result in any conflicts with any environmental plans or policies. c. As stated in the project description, the project (a public utility) only involves a 200 square-foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and therefore is compatible with the existing SDG&E transmission tower currently on-site. d. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The land on which the equipment building would be built is zoned as Open Space and single-family residential uses surround the project site. There are no agricultural resources or operations in the vicinity of the proposed project; therefore the project would not affect agricultural resources. e. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna that would be located in an open space area currently used as a utility easement for existing SDG&E transmission towers. The small size of the project (200 square feet on the ground) would not divide or disrupt the established community. IL POPULATION AND HOUSING a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not provide or generate the need housing or jobs in the area; therefore it would not affect local population projections. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The project would not create jobs or require persons with specialized skills to move into the area: therefore it would not induce substantial growth in the area, directly or indirectly. c. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter on the ground on a parcel zoned as Open Space with existing SDG&E transmission towers. There are no residences on the project site; therefore it would not displace existing housing. . S III. GEOLOGIC HAZARDS a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one UPS antenna and does not involve any grading or construction or operating activities that would expose people to potential impacts involving fault ruptures. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one UPS antenna and would not involve construction or operating activities that would affect existing seismic conditions; therefore it would not expose people to potential impacts involving seismic ground shaking. c. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna and would not involve construction or operating activities that would expose people to potential impacts involving seismic ground failure, including liquefaction. d. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not involve construction or operating activities that would expose people to potential impacts involving seiche, tsunami, or volcanic hazards. e. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna and would not involve construction or operating activities that would expose people to potential impacts involving landslides or mudflows. Constructing the equipment building on the existing flat topography of the project site would not contribute to landslides or mudslides during a storm event. f. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not involve construction or operating activities that would expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading, or fill. No grading would be necessary to construct this project, which would be located on a flat area.. g. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not involve construction or operating activities that would expose people to potential impacts involving subsidence of the land. Refer to ifi. f above. h. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna and would not involve construction or operating activities that would expose people to potential impacts involving expansive soils. Refer to III. f. above. i. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not involve construction or operating activities that would expose people to potential impacts involving unique geologic or physical features. Refer to III. f. above. . . IV. WATER a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The amount of impervious surface created as a result of the proposed project would only be 200 square feet and therefore would not result in significant changes in the absorption rate, drainage patterns, or the rate and amount of surface runoff in the open space easement. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. The amount of impervious surface created for the project in relation to the amount of remaining open space would not expose people or property to water related hazards such as flooding. C. As stated in the project description., the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. The proposed project would only use water to irrigate the proposed 750 square-feet of landscaping with a system that would be designed to apply water at a rate not to exceed the infiltration rate of the soil and therefore would not result in discharges into surface waters or result in the alteration of surface water quality. d. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna would not result in changes in the amount of surface water in any water body. Refer to IV. c. above. e. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The proposed project would not discharge water and the irrigation system would apply water at a rate not to exceed the infiltration rate of the soil; therefore the project would not result in changes in currents, or the course or direction of water movements. f. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The amount of water the project would utilize to irrigate the landscaping would be minimal and it would not involve cuts or excavations. A rain sensor will be installed and irrigation will gradually be cut back as the landscaping matures. Construction and operating activities would not result in changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability. g. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The project would not require any grading, excavation or pumping of groundwater; therefore it would not result in an altered direction or rate of flow of groundwater. Refer to IV. f. above. h. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. The proposed project will not utilize any hazardous substances that could leach into the ground; therefore it would not result in impacts to groundwater quality. . . As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. A rain sensor will be installed and irrigation will gradually be cut back as the landscaping matures; therefore the project would not result in a substantial reduction in the amount of groundwater otherwise available for public water supplies. V. AIR QUALITY a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not generate additional traffic nor would it use fossil fuels to generate power. Therefore, the project would not violate and air quality standard or contribute to an existing or projected air quality violation. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna and would not generate air emissions nor expose sensitive receptors to pollutants. Refer to V. a. above. c. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. The purpose of the proposed project is to support cellular phone service in the area. Its operating activities would not alter the existing environment including air movement, moisture, or temperature, or cause any change in climate. d. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not involve the burning of any substances or the use of odorous substances to operate; therefore it would not create objectionable odors. VI. TRANSPORTATION a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not generate additional traffic in the area. Only two monthly service trips would be necessary to maintain the project. Therefore, the project would not result in increased vehicle trips or traffic congestion. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one UPS antenna. The panel antennas are designed to comply with FCC guidelines. The existing barbed wire on the SDG&E transmission tower would prevent people from climbing up to the panel antennas. The equipment building would be locked and armed with an alarm as well as completely surrounded by a locked 6' high chain link fence. Therefore, the project would not result in hazards to safety from design features. c. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one UPS antenna. There is an existing dirt access road through the easement that would not be blocked by the construction of this project; therefore the project would not result in inadequate emergency access or access to nearby uses. . . d. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one UPS antenna. Currently there is no parking provided on-site nor would there be a need for it in the future. Off-site parking is available on the surrounding streets. The project would not generate additional traffic or the need for parking on-site or off-site. Therefore, the project would not result in insufficient parking capacity on-site or off-site. e. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. There is an existing dirt access road to the south of the proposed project that could be utilized by pedestrians or bicyclists. The proposed equipment building location would not prevent them from accessing this road. Therefore, the project would not result in hazards or barriers for pedestrians or bicyclists. f. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. The operating activities for the proposed project would only support cellular communications and would not generate additional traffic or result in conflicts with alternative transportation such as bus turnouts or bicycle racks. g. As stated in the project description, the protect would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not generate the need for rail, waterborne or air transportation. Therefore, it would not result in rail, waterborne or air traffic impacts. VII. BIOLOGICAL RESOURCES a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The land on which the equipment building would be located is disturbed and contains non-native vegetation. The areas surrounding the proposed project are developed with single-family residential uses. The small size of the project would not result in impacts to endangered, threatened or rare species or their habitats. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would located on land that is disturbed and does not contain native vegetation. There are no heritage trees on-site. Therefore, it would not result in impacts to locally designated species. Refer to VII. a above. c. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas. one microwave dish. and one GPS antenna and would not result in impacts to locally designated natural communities. Refer to VII. a. above. d. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one UPS antenna. The project site is highly disturbed and contains non-native vegetation and no wetland habitat; therefore it would not result in impacts to wetland habitat. e. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The location of the proposed project would not act as a barrier if the open space . easement were in fact a corridor for wildlife nor would it affect wildlife dispersal. Due to the small size of the project and its location in the open space easement, the project would not result in impacts to wildlife dispersal or migration corridors. VIII. ENERGY AND MINERAL RESOURCES a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one UPS antenna. The project would not use fossil fuels to generate power or operate in a manner that would be wasteful. Therefore, the project would not conflict with adopted energy conservation plans. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna and would not utilize fossil fuels to generate power: therefore it would not use non- renewable resources in a wasteful and inefficient manner. c. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna and would not result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State. Refer to VIII. a. above. IX. HAZARDS a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The proposed project would not involve the use of hazardous or flammable substances and therefore would not involve a risk of accidental explosion or release of hazardous substances. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one UPS antenna. There is an existing dirt access road through the easement that would not be blocked by the construction of this project. The small size of the proposed equipment building would not interfere with evacuation routes if they were planned through the easement. Therefore, the proposed project would not involve possible interference with an emergency response plan or emergency evacuation plan. c. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. The proposed project would operate well below the safety standards established by ANSI and utilized by the FCC. Therefore, the project would not involve the creation of any health hazard or potential health hazard. d. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not involve exposing people to existing sources of potential health hazards. Refer to IX. c. above. e. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The proposed landscaping to screen the equipment building will be irrigated and privately maintained by GTE. Any landscaping that could pose a potential fire hazard S . would be removed. Therefore, the proposed project would not involve increasing fire hazards in areas with flammable brush, grass or trees. X. NOISE a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The air conditioners would be the only potential source of noise for the proposed project. To prevent any potential noise from the air conditioning units, they have been positioned to point into the easement rather than into the direction of existing residences. Therefore, the project would not result in increases in existing noise levels. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. To prevent any potential noise from the air conditioning units, they have been positioned to point into the easement rather than into the direction of existing residences. Therefore, the project would not expose people to severe noise levels. XI. PUBLIC SERVICES a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not generate the need for more government services for fire protection. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would not generate the need for increased government services for police protection. The equipment building will be locked, armed with an alarm and surrounded by a 6' high chain link fence. C. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and therefore would not have an effect upon, or result in a need for new or altered government services for schools. d. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The proposed project will not generate a need for additional roads nor will it generate the need for additional maintenance of the existing dirt access road. Therefore, the project would not have an effect upon, or result in a need for new or altered government services for the maintenance of public facilities, including roads. e. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. The project would not require the expansion of government services in order to operate and therefore would not have an effect upon, or result in a need for new or altered government services for other governmental services. XII. UTILITIES AND SERVICE SYSTEMS a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. . . The project would not involve the use or need for natural gas; therefore it would not result in a need for new systems or supplies, or substantial alterations to power or natural gas. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The proposed project would not require alterations to or additional communication systems nor would it result in the need for new systems or supplies, or substantial alterations to communications systems. c. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna and would not generate the need for water treatment facilities nor would it result in a need for new systems or supplies, or substantial alterations to local or regional water treatment or distribution facilities. d. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna and would not generate the need for sewer or septic tanks nor would it result in a need for new systems or supplies, or substantial alterations to sewer or septic tanks. e. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would contribute to storm water drainage nor would it result in a need for new systems or supplies, or substantial alterations to storm water drainage. f. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna would not generate solid waster nor would it result in a need for new systems or supplies, or substantial alterations to solid waste disposal. g. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna and would only utilize water for irrigation until the proposed landscaping is established. Therefore, the project would not result in the need for new systems or supplies, or substantial alterations to local or regional water supplies. XIII. AESTHETICS a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The proposed project is not located within view of a scenic vista or highway and therefore would not affect a scenic or vista or scenic highway. h. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. City staff has requested that the equipment building have a tile roof, a stucco exterior. and landscaping to screen the building and the chain link fence. These measures would improve as well as screen the appearance of the equipment building. Therefore, the proposed project would not demonstrate a negative aesthetic effect. c. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. The project would not involve -the use of any kind of lighting and therefore would not create light or glare. XIV. CULTURAL RESOURCES a. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna and would not generate the need for parks or recreational facilities nor would it increase the demand for neighborhood or regional parks or other recreational facilities. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna and would not increase the need for recreational opportunities nor would it affect existing recreational opportunities. c. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one UPS antenna. The project site does not have any historical resources and therefore would not affect historical resources. d. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish. and one GPS antenna and would not involve physically altering the land. There are no unique ethnic cultural values on-site. Therefore, the project would not have the potential to cause a physical change that would affect unique ethnic cultural values. e. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The project site does not currently support religious uses nor would the project restrict existing religious or sacred uses within the proposed project area XV. MANDATORY FINDINGS OF SIGNIFICANCE a. As stated in the project descriptions the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one UPS antenna. The project site is heavily disturbed and does not contain native vegetation or sensitive habitats that would support fish or wildlife. The project would not generate additional traffic, use fossil fuels to generate power, and will only require irrigation for the landscaping until it is established. Therefore, the project would not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory. b. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter. 12 panel antennas, one microwave dish, and one GPS antenna. The addition of the proposed cellular facility to the existing SDG&E transmission tower would not result in cumulative impacts. The visibility of the panel antennas on the existing transmission tower will be negligible since they would be painted to match the tower and the equipment building will be screened with landscaping. . . Therefore, the proposed project would not have impacts that are individually limited but are cumulatively considerable. c. As stated in the project description, the project would only consist of a 200 square- foot equipment shelter, 12 panel antennas, one microwave dish, and one GPS antenna. The proposed project would operate well below the safety standards established by ANSI and utilized by the FCC and would not result in any environmental effects that would cause the substantial adverse effects on human beings, either directly or indirectly. S PLANNING GTE rSJsLmn1ar fInipacts doc I AMEj 1 ORDER NO. 1232995-2 - 4 I FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 - P.O. BOX 808, SAN DIEGO, CALIFORNIA92112 (619) 231776 I DECEM13ER30, 1999 GTE/Wi'S SAN DIEGO 2835 CAMINO DEL RIO SOUTH #110 SAN DIEGO, CA 92108 I ATTENTION: YOUR REF. A1TN: VIRGINIA, AP#223-240-23 OUR ORDER NO. 1232995-2 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, I THIS 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 I WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. I THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY I ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE I 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. I 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, I DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE I 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 I REQUESTED. DATED AS OF DECEMBER 17, 1999 AT 7:30 A.M. I JMLT LE TITLE OFFICER I PRONE - 231-4625 NO. 1-4629 I PAGE 1 I AMEk 1 _ I If ORDIR NO. 1232995-2 I THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: PRELIMINARY TITLE REPORT TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: I BCE DEVELOPMENT PROPERTIES INC., A COLORADO CORPORATION I THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: I FEE I THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE N ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS I FOLLOWS: 1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR I 1999-2000, A LIEN NOT YET DELINQUENT. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED I PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. I SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL I SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. I 3. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT I RECORDED FEBRUARY 5, 1954 IN BOOK 5132, PAGE 342 AND APRIL 19, 1954 IN BOOK 5208, PAGE 403 BOTH OF OFFICIAL RECORDS, LOCATED WITHIN LOT 401 AS SHOWN ON THE MAP OF SAID MAP. I REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 2 [1 Li I - I; ORDER NO. 1232995-2 4. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY COVENANT, I CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS I OR RESTRICTIONS VIOLATE 42 USC 3604(C), IN AN INSTRUMENT RECORDED NOVEMBER 2, 1973 AS FILE NO. 73-307983 OF OFFICIAL RECORDS. I SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. I AN INSTRUMENT DECLARING A MODIFICATION OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WAS RECORDED NOVEMBER 16, 1973 AS FILE I NO. 73-321220 OF OFFICIAL RECORDS. AN INSTRUMENT DECLARING A MODIFICATION OF SAID COVENANTS, I CONDITIONS AND RESTRICTIONS WAS RECORDED NOVEMBER 19, 1973 AS FILE NO. 73-349970 OF OFFICIAL RECORDS. AN INSTRUMENT DECLARING A MODIFICATION OF SAID COVENANTS, I CONDITIONS AND RESTRICTIONS WAS RECORDED MAY 15, 1974 AS FILE NO. 74- 12613 1 OF OFFICIAL RECORDS. IS. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW: I WE HEREBY GRANT TO THE CITY OF CARLSBAD, AN EASEMENT OVER, UPON, ACROSS AND UNDER LOT 401, HEREINAFTER REFERRED TO AS THE SUBJECT LAND, TO WIT: I A PERPETUAL EASEMENT FOR OPEN SPACE, OVER, UPON, ACROSS AND UNDER THE SUBJECT LAND AND NO BUILDING, STRUCTURE OR OTHER THING I WHATSOEVER SHALL BE CONSTRUCTED, ERECTED, PLACED OR MAINTAINED ON THE SUBJECT LAND, EXCEPT AS MAY BE PERMITTED BY A SPECIAL USE PERMIT ISSUED PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF CARLSBAD. I THE PERPETUAL RIGHT, BUT NOT THE OBLIGATION, TO ENTER UPON TEE SUBJECT LAND AND REMOVE ANY BUILDINGS, STRUCTURES OR OTHER THINGS WHATSOEVER CONSTRUCTED, ERECTED, PLACED OR MAINTAINED ON THE I SUBJECT LAND CONTRARY TO ANY TERM, COVENANT OR CONDITION OF THIS EASEMENT, AND TO DO ANY WORK NECESSARY TO ELIMINATE THE EFFECTS OF ANY EXCAVATION OR I GRADING OR PLACEMENT OF SAND, SOIL, ROCK OR GRAVEL OR ANY OTHER MATERIAL DONE OR PLACED ON THE SUBJECT LAND CONTRARY TO ANY TERM, I COVENANT OR CONDITION OF THIS EASEMENT. GRANTOR COVENANTS AND AGREES FOR ITSELF AND ITS SUCCESSORS AND I ASSIGNS, AS FOLLOWS: PAGE 3 I 1 ••\Lc: ORDER NO. 1232995-2 I THAT IS SHALL NOT ERECT, CONSTRUCT, PLACE OR MAINTAIN, OR PERMIT THE ERECTION, CONSTRUCTION, PLACEMENT OR MAINTENANCE OF ANY BUILDING OR STRUCTURE OR OTHER THING WHATSOEVER ON THE SUBJECT LAND OTHER I THAN SUCH BUILDINGS, STRUCTURES AND OTHER THINGS AS MAY BE PERMITTED BY A SPECIAL USE PERMIT ISSUED PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF CARLSBAD. I THAT IT SHALL NOT USE THE SUBJECT LAND FOR ANY PURPOSE EXCEPT AS OPEN SPACE AND FOR PARK AND/OR RECREATIONAL PURPOSES, WITHOUT THE I WRITTEN AUTHORIZATION OF THE CITY OF CARLSBAD OR ITS SUCCESSORS OR ASSIGNS. I THAT IT SHALL NOT EXCAVATE OR GRADE, OR PERMIT ANY EXCAVATING OR GRADING TO BE DONE, OR PLACE OR ALLOW TO BE PLACED ANY SAND, SOIL, ROCK, GRAVEL OR OTHER MATERIAL WHATSOEVER ON THE SUBJECT LAND I WITHOUT THE WRITTEN PERMISSION OF THE CITY OF CARLSBAD OR ITS SUCCESSORS OR ASSIGNS; PROVIDED, HOWEVER, THAT GRANTOR MAY EXCAVATE, GRADE OR PLACE SAND, SOIL, ROCK OR GRAVEL OR OTHER MATERIAL ON THE SUBJECT LAND AS MAY BE PERMITTED BY A SPECIAL USE I PERMIT ISSUED PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF CARLSBAD. I THAT THE TERMS, COVENANTS AND CONDITIONS SET FORTH HEREIN MAY BE SPECIFICALLY ENFORCED OR ENJOINED BY PROCEEDINGS IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA. I THE GRANT OF THIS EASEMENT AND ITS ACCEPTANCE BY THE CITY OF CARLSBAD SHALL NOT AUTHORIZE THE PUBLIC OR ANY MEMBERS THEREOF TO I USE OR ENTER UPON ALL OR ANY PORTION OF THE SUBJECT LAND, IT BEING UNDERSTOOD THAT THE PURPOSE OF THIS EASEMENT IS SOLELY TO RESTRICT THE USES TO WHICH THE SUBJECT LAND MAY BE PUT. 1 THIS EASEMENT SHALL BIND THE GRANTOR AND ITS SUCCESSORS AND ASSIGNS. 6. AN EASEMENT FOR PUBLIC UTILITY AND TREE PLANTING AND INCIDENTAL I PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 7950, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. I AFFECTS: LOT 401. 7. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, I EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, I RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED I DECEMBER 9, 1976 AS FILE NO. 76-411224 OF OFFICIAL RECORDS. PAGE 4 P1 U I vx- ORDRNO. 1232995-2 I SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST I MORTGAGE. AN EASEMENT FOR THE MAINTENANCE OF SLOPES, DRAINAGEWAYS AND I INCIDENTAL PURPOSES AS SET FORTH IN THE INSTRUMENT ABOVE MENTIONED. THE ROUTE OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. I AN INSTRUMENT DECLARING A MODIFICATION OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WAS RECORDED FEBRUARY 23, 1977 AS FILE NO. 77-064347 OF I OFFICIAL RECORDS. 8. A NOTICE OF POWER TO SELL TAX DEFAULTED PROPERTY GIVEN BY THE TAX I COLLECTOR PURSUANT TO THE PROVISIONS OF SECTION 3691.4 REVENUE AND TAXATION CODE. RECORDED AUGUST 19, 1997 AS FILE NO. 1997-0399243 OF OFFICIAL RECORDS I DATE OF TAX DEFAULT: AUGUST II, 1997 DEFAULT NUMBER: 223-240-23-00 9. A LIEN FOR UNSECURED PROPERTY TAX IN FAVOR OF THE COUNTY OF SAN I DIEGO, RECORDED FEBRUARY 16, 1996 AS FILE NO. 1996-0078409 OF OFFICIAL RECORDS, IN THE AMOUNT OF $673.20, AND ANY OTHER AMOUNTS DUE THEREUNDER. I ACCOUNT NO. 95955888; TAXPAYER: BCE DEVELOPMENT PROPERTIES. 1999-2000 TAX INFORMATION: I (PARCEL NO. 223-240-23-00) NO TAXES AVAILABLE AT THIS TIME. I I I I LI PAGE 5 I I I I ORDER NO. 1232995-2 LEGAL DESCRIPTION I THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 401 OF CARLSBAD TRACT 72-20 (LA COSTA VALE) UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP I THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1974. I I I 1 I I I I I I I DECEMBER 30. 1999 827 AM EM PAGE 6 I CARLSBAD TRACT NO. 72-20 SHEET 14 OF 22 SHEETS (LA. COSTA YALE) UNIT NO. 3, : —sEE SHEET NO. — — /seE SHEET /.N0 12 'I ( 400 lu A. / J. 0PH SPC AMNt o' qA'a t' $s157 P0f $4 — — i 5 S54 , - ajif. .41f 5I' - - I.-Dr xc - i-d 5t3U Bekk rna ir - '/M OR '. — - , OH i/a - — - - — T — — - - ' " \ ., MAP NO. (77V I/0.0. \ - T ' 4 1 - \ w N ro 01 Lol tq % - 5• '-' it ' 4 t 'b Vk 00 / ' N 10, -- PICK DEUQI SEE SHEET NO. /6 V. ___ •40 404 I p 403 --- Fr.I Arnfln1fl Tillt C,mpniy of $.n OeØe SEE SHEET NO. 17 Puff NO 3r 40 - - - - - - - - - - - - - - - - - - - When Recorded Mail To: X Space Below for Recorder's Use X LA COSTA LAND COMPANY . Costa Del Mar Road x Carlsbad, CA 92008 ATTN: BURTON L. KRMIER 6411224 /cci6 t/L - i x TnLENsumc &riW$T CO. j4 ( X DEC 9ftOOAWa 11/ X Off1'McOS X IAN OIE CUNTY. LW DECLARATION AND ESTABLISHMENT OF - PROTECTIVE CONDITIONS AND RESTRICTIONS Lots 296 through 504 LA COSTA VALE UNIT NO. 3 THIS DECLARATION AND ESTABLISID.IENT OF PROTECTIVE CONDITIONS AND RESTRICTIONS, made this9th day ofacember 197, 1976, by LA COSTA LAND COMPANY, an Illinois corporation, duly qualified and authorized to transact business in the State of California, hereinafter re- ferred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of a certain tract of land in San Diego County, California, more particularly described as follows: Lot 296 Through 504, inclusive of Carlsbad Tract No. 72-20 Unit No. 3 (La Costa Vale Unit No. 3) according to Map No. 7950 filed in the Office of the County RecordF San Diego County, California, on June 3, 1974 and WHEREAS, it is the desire and intention of DeclzLrant to sell the property described above, and to impose upon it mutual beneficial restrictions for the benefit of all the land in that tract and the future owners of those lands. NOW. THEREFORE, know all men by these presents: - Declarant hereby declares that said lots, all parcels and portions of IL] 1 'Ain 9 4 said La Costa Vale Unit No. 3, are held,, and shall be held, and transferred, hypo, thecated, sold, conveyed and encumbered, leased, rented, used, occupied and improved, subject to the covenants, conditions, restrictions, r€ervations, - conditions subsequent to reversion and charges as follows,_ all of which are declared and agreed to be in furtherance of a plan for the subdivision, improve- mont and sale of said land and every part thereof. All of the linLitations, re- strictions, conditions and covenants shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest in the described Land or any part thereof. ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION The property subject to tFis Declaration is known as La Costa Vale Unit No. 3, and is more particularly described as: Lots 295 through 304, inclusive of Carlsbad - Tract No, 72-20 Unit No. 3 (La Costa Vale Unit No. 3) according to Map No. 7950 filed in the Office of the County Recorder of San Diego County, California, on Thne 3, - - - 1974. ARTICLE II DEFINITION OF TERMS 1. "Lot" means o'ie of the numbered parcels of real property as shown on the map hereinabove referred to or any parcel or parcels into which said property is split or shall be subdivided. - 2. "Said Property" means the property described in Article I, unless the content and circumstances otherwiserequire. -: - - 3. "Setback!' means the minimum distance between the dwelling building and other structure referred to and a given street or line. 4. "Building Site" means a single lot as shown on said map, or as shown on any future final subdivision map, or as shown on a parcel consisting - - of cc'ntiguoss portions of any two or more contiguous lots, or all of Tone lot and - - - : parts of one or more lots and adjacent thereto; - any zuch b-iiding site, however, is subject to the prior written approval of the Architectural Committee. - 5. "Street" means any street, highway or other thoroughfare si -icwn on said map, whether designated thereon as street, avenue, boulevard, place, drive, road, terrace, way, lane, circle or otherwise. - -131 - ! - 11 -2- '-I. G. "R-1 Lots" refers to Lots 296 through 378, 381 Through 400. 402 through 427, 441 through 455 and portion of 492 through 494, 496 through 504, save and except that portion of Lot 504 to be designated as open space, as set forth in the tentative map on file in the Office of the City Engineer of the City of Carlsbad as Carlsbad Tract '16-3. 7. "Open Space Lots" refers to Lots 40i, 440.. 472 495, and that portion of Lot 504 not described in paragraph 6 above. . "Multi-family Lots" refers to Lots 487 through 491 and that portion of Lot 492 not described in paragraph 6 above. - ti. "Estate Lots" refers to Lots 379, 380, 428 through 439, 456 Through 471 and Lots 473 through 486. 10. "Declarant" means La Costa Land Company, an Illinois corporation or its written assignees. - ARTICLE III - 1' (YW PP CIPPP 'VV - '-4 4 - -i -4 -f 1. No part of said property or any part thereof shall be subdivided, laid out or improved by buildings, or structures, or its physical contours altered or changed, except with the approval of the Declarat with the written advice of the Architectural Committee, so as to insure a uniform and reasonably high standard of artistic result and attractiveness, in exturior and physical appearance of said property and improvements. 2. Said lots or parcels shall not be subdivided or split into lots of a lesser size than the size of the original lots or parcels without the written consent of Declarant and the written advice of the Architectural Committee first had and obtained. - 3. Except for Open Space Lots said property, shall be used fox residential purposes only, and no building shall be erected, consfructed, altered or maintained on said lots or any part thereof1, other than a dwelling for a single family (including guests and household servants) with customary and suitable outbuildings as permitted by law and the Architectural Committee. -except as to Multi-Family lots, multiple family- dwellings with custnnary and suitable outbuildings as permitted by law and the Architectural Ccmmittee may be allowed provides. that no such Multi-Family lot shall be ocupied by more than tie number of dwelling units set forth opposite each such lot in the schedule -3- 4 \ -;I I :1 I attached hereto, marked EXIUBIT A, and incorporated herein by this reference. As to Open Space Lots only such park and recreational structures as may be - approved by the Architectural Committee and the City of Carlsbad shall be allowed and provided further no residential building shall b allowed thereon. 4 No horses, catde cows, goats, sheep, -abbits, hares, rep til's, or other animals pigeons, pheasants, game birds, or game or other birds, fowl or poultry shall be raised, kept or permitted upon said - - : prcpely or any part thereof, except that dogs and cats and other household pets may be kept, provided that they are not kept, bred or raised for commercial purposes or in unreasonable quantities, and provided that they do not become a nuisance to the owners of, or occupants of saic. property, and that although horses may not be kept, stabled or maintained, they may be permitted on the premises. 5 No part of said property shall be used for the purpose of drilling thereon for, or producing therefrom,- water, oil, gas or any ) mmeral substance Declarant hereby reserves all crude oil, petroleum, gas, brea, asphaltum and all kindred substances and other minerals under and in said land. ' 6 No noxious or offensive trade or activity shall be carried on upon said property or any part thereof, nor shall anything he done or maintained thereon which may be or become an annoyance or nuisance I - to the neighborhood. 7. No television antenna or antennae or unsightly objects, poles or wires shall be permitted on the outside or roof of any dwelling television the the or other buildings and, in the case of antennae, owner of property may, at his option, hook on to the underground television p antenna system which Declarant may cause to be installed. 8. Said real property and the building sites included therein are subject to such easements and rights-of-way for erecting. constructing, maintaining and operating public sewers, and poles, wires and conduits i for Lighting. heating, power, telephone, cable television and any other met-iod of conducting and performing any public or quasi-ublic utility = service or function beneath the surface of the ground. sich easements and 4 -4- 1 -. 64- rights-of-way are more particularly set forth in said map or othem -iseof - record. t I c 9. Declarant hereby reserves the right to make any and all cuts and fills on said property owned by it and on the building sites included therein, and to do such grading as in its judgment may be necessary to grade streets and building sites designated or delineated -upon said map of said property or any part thereof. - - 10. No mailbox detached from the dwelling structure, wFich it is intended to serve, shall be installed or maintained unless its pi nposed size, shape, color and design and location is first approved by the Architectural Committee. 11. No utility area or drying yard shall be constructed or maintained on the property unless a plan therefor shall be first subrx; Ltted to the Architectural Committee, and the latter shall determine that E ch plan appropriately provides for screening said area or yard from ext rior view. - - 12. No residential buildings shall be constructd or maint"ned on the property without suitable carport or garage and off-street parking spaces, the size, location, color and design of which shall first be approved by the Architectural Committee. In any event, each dwelling building shall be provided with a minimum of permanently maintained off-street parking spaces in a parking area or private garage of two (2) parking spaces for each dwelling unit, one of which shall be in a covered carport or garage provided. however, a minimum of two covered and enclosed - - parking spaces shall be required and maintained for each R-1 Lot and Estate Lot. No garage door may be left open for a period longer than one-half hour. 13. No water softener shall be installed or maintained for use in connection with any buililng on the property which discharges effLnt brine into the sewage system of the property, and unless it is approt ziately screened from exterior view. The type of water softener and a plan f-ar its screening shall first be approved by said Architectural Ccmmit e befre its installation. - LIZ -5- 1 -4 I ---C Iq LI I -'-H '1 -1 I I -I, I CHARACTER OF BUILDING 1. No residential building may be erected or maintained on any of said property except single or multiple family dwellings with private appurtenant garages and customary outbuildings. Na huilc.ing shall exceed more than two stories in height or thirty-five feet in height, whichever is less, except as to slope lots the Architectural Committee may waive said requirer.ients. 2. No trailer, outhouse, garage, shed, tent, or any temporary buildings of any kind shall be erected or maintained on any lot or building site prior to the erection of the principal dwelling building thereon, provided, however, that the conditions herein contair ed shall not be construed to prevent the temporary construction and maintenance by Declarant or its agent of buildings or improvements on said property deemed necessary or convenient in the development of the subdivision, provided, however, the Architectural Committee may grant temporary revokable permits for the construction and maintenance of temporary construction sheds or like improvements necessary in the construction of improvements on said property. 3. The work of constructing any residence or building shall be prosecuted diligently and continuously from the commencement thereof until the same is completed, provided, however, no construction or repair work, except emergency repairs, shall be conducted on any Sunday. All - structures shall be suitably painted, colored or stained immediately upon completion. 4. No single family dwelling shall be erected, except on odri and irregular- shaped lots, which shall have a floor square foot area, exclusive of porches and garages of less than 1800 square feet as to any R-1 lot and 2000 as to any Estate Lot without the prior wxitten consent of the Architectural Committee. No dwelling units of any residential building containing rQ -6-- 14. Roofs shall be of tile, shingles or shakes or other matter, of a color and type approved by the Architectu.al Committee, provided, however, rock roots shall not be allowed as to any multi-family lot. ARTICLE 1V more than one single family dwelling unit shall be erected, converted or constructed on said property whicn shall have a floor square foot area, exclusive of porches and garages, of less than 1000 square feet without the prior written permission of the Architectural Committee. S. No building erected or constructed elsewhere shall be moved onto any lot or building site *ithout the prior writter. approval of the Architectural Committee. 6. No living trailer, house ear or flcampsterU, boat or boat trailer or similar vehicle shall be parked on any road or building site either temporarily or permanently, nor shall any motor vehicle not capable of being operated be parked for longer than forty-eight (48) hcuxs outside of a garage on any street, lot or building site. Other than - customary maintenance-ork and minor emergency repairs, there shall be no painting, repairing or mechanical work done on any mater vehicle on any street, residential lot or building site. 7. All front yards, side yards on corner lots, or landscape areas adjicent to public streets shall be landscaped, maintained and kept in good condition at all limes by the respective property owners, except the Declarant during the construction and sales period. Said areas to be watered, fertilized, pruned and cleared of any trash on a regular basis and as necessary. Unhealthy, dead or missing trees, plants or groimd cover are to be replaced. If any owner fails to take effective corrective maintenance or repair measures within thirty (30) days after receiving written notice from the Declarant, the Architectural Control Committee, or the Cityof Carlsbad, the informing party may have the necessary corrective maintenance or repair measures completed and bill the property owner for the work performed. The Party performing said work shall be entitled to the unrestricted use of irrigation water and reasonable overhead and profit. Any billing not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 574 per annum. The Declarant, for all the property, hereby :ovenants, and each Owner of any lot by acceptance of a deed therefore, whether or not it shall be o expressed in such deed, is deemed to covenant and agree to pay for all I : & I- = -7-. IND & I I F -- 1: work performed as hereinabove provided for and that he will permit free - - - access to those areas herein defined to those persons performing said corrective or repair work. Said billings) together with ir.terest, costs, and reasonable attorney's fees, shall be a charge on the -land and shall be a con- tinuing lien upon the property against which each such billing is made. Each such billing, together with interest, costs, and reasonabic attorney's fees shall also be the personal obligation ni the person who was the Owner of such property at the time when the billing was presented. The ;eronal obligation for delinquent billing(s) shall not pass to his su:cesors in title unless expressly assumed by them. - - B. That each owner of a lot in said property agreès for himself, his assigns, heirs or successors in interest, that he will permit free access by the Declorant or its assignees to slopes or drainage-ways located on his property which have toe-of-slopes adjacent to public rights of way when such access is necessary for the repair, replacement or maintenance Cf permanent lar(dscapthg on said slopes, or maintenance of the drainage facilities for the .protection and use of property other than the lot on which the slopes or drainage- way is located. That each owner of a lot in said tract agrees for hiz.self and his assigns that he will not, in any way, interfere with the established drainage pattern over his lot from adjoining or other lots in said property, and that he will make adequate provisions for drainage in the event t is necessary to change the estabLished drainage over his lots. For the purpose hereof, "Established" drainage is defined as the drainage which occurred at the time the ogerall grading of said property, including landscaping of each lot in the tract, was completed by the Declarant. - - -3 - - j iT ARTICLS V FENCES - 1. - No fence, wall, hedge, or coping shall be erected nearer the front lot line than the front line of any dwelling or which shall have a greater height than six (6) feet above the finished graded sin-face of the ground upon which it is located, without the prior written consent of the Architectural. Committee. -8- -J I V - V • a 2 All fences from the standpoint of construction, style, material color and view shall be subject to the prior written approval o the Architeátural Committee. Because of the topography of the land, such matters as the obstruction of the view, elevation, height, architect4ral style and materials and therefore, for the protection of all owners, the prior written consent- - are of importance to all of the prospective owners of lots in the subdivision, of the Architectural Committee is required. - - - - ARTICLE VI SETBACKS 1. No building within said tract shall be located nearer than twenty (20) feet from the front lot line or any property line which fronts - on a dedicated street, nor shall any such building be located nearer than 3 twenty (20) feet fror' any rear property line, nor nearer than a distance equal to ten percent (10 116) of the width of the lot to any side lot line. - - 2. None of the setback lines referred to in this Article shall I :4 apply to open porches, eaves, bay windows, steps, chimneys. porte- cocheres. gates, or gateposts, which, however, with the exception of - perte- cocheres, gates and gateposts shall in no event extend more than - - - eighteen (18) inches into the side setbacks referred to in this Article. 3. The Architectural Committee may, as to any R-1 or - Multi-Family lot, grant exceptions and variations from the prosivions of this Article. - - ARTICLE VU - - - - -. SIGNS AND ADVERTISING - - 1. No signs or other advertising device of any character - - - shall be erectd or maintained upon any part of said property, except that V (a) on any one lot or building site one sign, not larger than eighteen (le) - V inches by twenty-four (24) inches, advertising the property for sale or rent, may be erected and maintained; (b) Decant or its agents may erect and -jt - -4 I - -i-i maintain on said property such signs and other advertising devices as it may deem necessary or proper in connection with the conduct of its - operations for the development, improvement. subdivision or sale of said - property; (c) on any Multi-Family lot the Architectural Committee may allow the erection of a sign on the face of any Multi-Family building con- structed thereon which may only set forth the name theref and its street address. The size, color and location of any such sign shall be subject to the prior written approval of the Architectural Committee. 2. As to any lot or lots, wherein in order to sell any interests therein, the o'ner must secure from the California Division of Real Estate a subdivision report, the owner or its agents shall submit to Declarant for its written approval all advertising material including brochures 1, radio or TV scripts. If the declarant shall not have given written notice of disapproval of such advertising by certified mail within ten (10) days of receipt thereof such advertising material, etc. • shall be deemed approved. Declarant shall nct unreasonably withhold such approval. - ARTICLE Viii APPROVAL OF PLANS - 1. No building, fence, wall, pole or other struOture shall be erected, constructed, altered or maintained upon any portion of said property unless a complete set of plans and specifications therefor, including the exterior color scheme with a plot plan indicating the exact location on the building site and a complete landscaping plan, shall have been submitted to and approved In writing by the Architectural Committee ashereinafter- set forth, nor shall any building erected or constructed elsewhere be moved onto any building site without the consent specified by Paragraph 5 of Article IV. The approval of said plans and specifications may be withheld not only because of their noncompliance with any of the specific conditicns and restrjctjo-s contained in this and other claus.. a hereof, but also by reason of the dissatisfaction of the Architectural Committee with the style, color, design, appearance or location of the proposed structure or structures, a • -10- \\ \ 4 I t I lIT I I -- I _: •-' -1 - J -1 - - _i- - I object to any of the features or elements embodied in any subsequent plans or specifications submitted for approval as herein provided, for use on any other building site, nor shall -such approval be construed as in any manfler xno3ifying, altering or waiving any oftheconditiónsor-restrictions set out herein as to location or otherwise. - - - - - 4. The Architectural Committee may establish and adopt from time to time, reasoiable regulations for the submission of the plans and specificationj called for pursuant to the terms of this Article. 1 11 or landscaping. At the time the building plans and specifications shall be submitted to the Architectural Conuziittce for its approval, the applicant shall pay a filing fee of Fifty Dollars ($50. 00) for each plan submitted for each single family building and One Hundred Dollars ($100. 00) for each Mull-Family building, plus Three Dollars ($3. 00) for each living unit in such Multi-Family building in excess of two. There shall be no additional fee payable in the e'ie'it the building shall occupy more than one lot. In the event the same plan is submitted for more than one building, the Archtectural Committee may refund a portion of said charge commensurate with the time saved in reviewing said multiple plans. 2. The written approval of the Architectural Committee - may be recorded in the Office of the County Recorder of San Diego County. and shall be conclusive evidence of such approval. Prior to said approval being issued and as -a condition thereof, the owner shall supply the secretary of the Architectural Committee with satisfactory evidence of the payment or satisfaction of any liens granted for school facilities. - - - - 3. The approval of the Architectural Committee of any plans or specifications submitted for approval, as herein specified, shall not - be deemed to be a waiver by the Architectural Committee of its right to 5. If after such plans and specifications have been approved, any building, wall fence, or other structures shall be altered, erected - - or maintained upon the building site otherwise than as approved I j the Architectural Committee, such alteration, erection and maintenaive shall - be deemed to have been undertaken without the approval of the Architectural Committee ever having been obtained as required by this Declaration. F -; .0 -11- _J 6. Any agent or any member of the Architectural Committee may from time to time, at any reasonable hour or hours, enter and inspect any property subject to the jurisdiction of the Architectural Committee - as to its maintenance or improvements in compliance with the provisions hereof and th. Architectural Committee or any agent thereof shall not thereby be deemed guilty of, or become liable for, any manner of trespass for such entry or inspection. The Architectural Committee may issue a certificate of completion and complience as to any property so inspected. 7. No alteration shall be made in the exterior design or color of any structure unless such alteration, including any additions, shall have first been approved in writing by the Architectural Committee. 8. The Architectural Committee shall consist of three (3) members who shall be appointed by the undersigned Declarant. Such Committee shall appoint a Secretary who may be one of the members of the Committee. = 9. Until such time as is hereinafter provided, Declarant shall have full power to remove any member of said Architectural Committee and to make appointments to fill any vacancies in the membership thereof. - Any written instruments of appointmert or removal duly executed by Declarant may be filed with the County Recorder of San Diego County, and such recordation shall impart to all persons of the matters therein set forth. 10. The written approval of the Architectural Committee made by the Secretary of the Architectural Committee shall constitute an approval. If said Architectural Committee fails to approve or reject any plans and/or specifications which have been submitted to it within thirty (30) days after submission to the Architectural Committee, then no approval shall be necessary. - If no action shall be filed, or notice of rejection recorded, by or on behalf of said Architectural Committee within thirty (30) da.ts after notice - of completion shall be recorded covering the construction, alteration or replacement of any structure, the filing of such notice of completion of record shall be conclusive evidence of the approval of such structure by the Architectural Committee. a 1. 4 - -12- - \- ii. Declarant may, at any time, at its option relieve itself of the. obligation of appointing and maintaining saidArchitectural Committee byii1ing .n the Office of the County Recorder of San Diego, anótice stating that it has surrendered the powers of appointment and maintenance of said Architectural Cornmittte as granted by this Article and this Declarath n. and upon recording of such notice, said powers shall immediately vest in the majority of the property owners or in an association of property ovners if one has been formed by the property owners and is in existence. 12. Neither Declarant, its successors or assigns, nor the Architectural Committee, nor any member thereof, shall he held responsible for any loss or damage, nor be liabic in any way whatsoever for any errors or detects which may or may not be shown on said plans or specifications, or otherwise. 13. For the purpose of making a search upon, or guaranteeing or insuring title to, or any lien on or interest in, any lot or parcel: of said property and for the purpose of prot zting purchasers and encumbrancers for value and in good faith as against the performance or nonperformance of any of the acts in this Declaration authorized, permitted or to be approved by the Architectural Committee, the records of the Architectural Committee shall be prima fade evidence as to all matters shown by such records; and the issuance of a certificate of completion and compliance by the Architectural Committee showing that the plans and specifications for the improvements or any other matters herein provided for or authorized have - been approved and that said improvements have been made in accordance therewith shall be prima facie evidence and shall fully justify and protect any title company or persons certifying. guaraxitee'ng or insuring said title, or any lien thereon or any interest therein, and shall also fully protect any purchaser or encumbrancer in good faith and for value in acting - thereon, as to all matters within the jurisdiction of the Architectural Committee. -13- \\ 1: 1 1- -z .1 1 - I ' ARTICLE ] L coNsTRucTioN OF CONDITIONS AND RESTRICTIONS 1. The determination by any court that any of the provisions of this Declaration or any part hereof, are unlawful or invalid shall not affect the validity of the other provisions or remaining portions hereof. 2. Damages are declared not to be adequate compensation for any breach of the provisions of this Declaration, Declarart contemplating that specific enforcement of such restrictions is required as part of the general plan of improvement of said property. ARTICLE X SCOPE AND DURATION OF CONDITONS RESTRICTIONS AND CHARGES All of the conditions, restrictions and charges set forth in this Declaration are imposed upon said property for the direct benfit thereof and of the owners thereof as part of the general plan of improvements, development, building, occupation and maintenance hereby, and said conditions, restrictions and charges shall run with the land and continue to be in full farce and effect until January 1, 1990, at which time said conditions, restrictions and charges shall be automatically extended for successive periods of ten (10) years unless by a vote of a majority of the owners of reco. d of building sites it is agreed to change said conditions, restrictions and charges in whole or part by an instrument in writing, signed by said owners, which shall be acknowledged by them so as to entitle it to be recorded in the Office of the- County Recorder of the County of San Diego, provided, however, the pronibi.tion of Paragraph 2 of Article ill shall be perpetual upon all property for the mutual benefit of every lot or building site there, provided further as to Multi-Family Lots, that upon issuance of a California Division of Real Estate Public Report for a statutory condominium or planned unit develc.pmeut and the filing and recordation of a Notice of Completion thereof, the provision of Article VIII and Paragraphs 1, 3, 10. 11 and 12 of Article III shall be of no further effect as to any part of said property referred to in ch report and described in said N3tice of Completion xcept as to any violations thereof which shall be set forth in any unrescinded Notice of Breach filed and recorded in The Office of the County Recorc'er of I -14- I I. .0 San Diego County. California. prior thereto,Declarant, its successors or assigns shall execute and deliver any documents necessary to early this provision into effect. ARTICLE XI EFECT OF BREACH OF CONDITIONS AND RESTRICTIONS The cor.di.tions, restrictions and covenants hereby established shall operate as covenants running with the land; and further. Declarant - and/or owner or owners of any lot or lots, including any lonafide purchaser under contract. in the event of a breach of any of said restrictions, conditions and covenants or a continuance of any such breach, may bring appropriate legal proceedings, or other steps necessary to enjoin, abate or remedy the Same..- 1-rovided, however, that a breach of the foregoing conditions and restrictions shall not affect or render invalid the lien of any mortgage or - dced of trust made for value which may be then a lien, or become a lien -- upon said property, but such conditions and restrictions shall be binding upon and effective against any owner, and heirs, devisees, executo:s, administrators, successors and assigns of any owner, whose title is acquired under and through any such mortgage or deed of trust by foreclosure. Trustee's sale or otherwise,. ARTICLE XU REIMBURSEMENT Declaran: has paid or caused to be paid, fees and has dedicated and provided for the dedication of real property to provide for park and recreational facilities, as well as for public elementary school facilities to service the subject property, as well as additional property owned by Declarant. The developer of all of the R-1 lots has reimbursed Declarant for the fees and value of the real properties dedicated allocable to the R-1 lots. To provide for reimbursement of the remainder of said fees and value of the real properties dedicated and agreed to be dedicated by Declarant. and as a condition of final approval of plans as provided In Article VIII hereof, the "applicant' described in said Article VilLas to each Estate lot and each Multi-Family Lot, shall cause to be paid to the Declarant, or its de- signated successor or assign for such purpose. the sum of Three Hundred Fifty Dollars ($350. OC) for each dwelling unit constructer on each such -15- I- I II I 1 I -j I 1 I lot, Two Hundred Dollars ($200. 00), of which is allocated to elementarr school facilities. Such reimbursement shall be payable only upon final approval of the building plans by the Architectural Committee, provided in no event shalt such fees be payable more than one time. Declarant reserves the right to impose a lien upon each lot in said property to enforce collection of such reimbursement. ARTICLE xiii RIGHT TO ENFORCE 1. The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant, its successors or assigns, the City of Carlsbad, or the owners of any portics of said property, or their and each of their legal representatives, heirs, successors, or assigns; and the failure to enforce any such conditions, restrictions or covenants herein contained shall in no event he deemed to be a waiver of the right to Io so thereafter. - - 2.. In any legal proceeding commenced by anyone entitled to enforce, or restrain a violation of this Declaration, or any provision hereof, the losing party o'- parties shall pay the attorney's fees of the winning party or parties in such amount as may be fixed by the Court in such proceeding. ARTICLE XIV This Declaration, or any part thereof, may be amended or supple- mented by an instrument, in writing, subscribed by the Declarant and the owner or owners of not less than sixty-six and two-thirds percent (66213%) of the lots and filed for record in the ..,ffice of the County Recorder of San Diego County. IN WITNESS WHEREOF, LA COSTA LAND COMPANY. a corporaticu, has caused its corporate name to be hereunto subscribed by its officers there- unto duly authorized and its corporate seal affixed as of the day and year first above written. LA COSTA LAND COMPANY, an Illinois corporation cei;re e By Assistant Secretary -1 • a -16- -. S ' •1 1-- V I -t 14k --1 I C STATE OF CALORNL } ) ss. COUNTY OF SAN DIEGO ) On 7 /9 7 1976, before me, the undersigned, a Notary Public in and for said State, persoraUy appeared IRV ROSTON known to me to be the Vice President and ELAINZ THOMAS ,known to me to be the Ass ;stant Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the withili instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws 'ir a resolution of its Board of Directors., - - WITNESS my hand and official seal. : 'Notary Public in and for said - I County and State - - 92026 .-' . -17- -I SCHEDULE OF ThXIMUM DENSITY PER LOT FOR LA COSTA VALE UNIT NO. 3 Carlsbad Tract No. 72-20 Unit No. Max. Density Lot No. Units Per Lot 487 43 488 48 489 58 490 77 491 80 492 36 UI EXHIBIT "A" I I _ / \hext ecrded lail To: N Space Below for Recorder's Use X Burton L. Kramer N LA COSTA LAND COMPANY x Costa Del. Mar Road x Carlsbad, CA 9200& ( x / ? FEB 2s sm*w N OFMOL _ WA am am AMENDMENT TO mum rt '1!u I L19C DECLARATION AND ESTABLSH!t1EIcT OF PROTECTIVE CONDITIONS AND RESTRICTIONS Lots 296 through 504 La Costa Vale Unit No. 3 LA COSTA LAND COMPANY, herein Declarant, and as Owner of sixty- six and two-thirds percent (66 213",'c) of the lots described herein bl.ow, hereby amends that certain DECLARATION AND ESTABLISHMENT OF PROTECTIVE CONDITIONS AND RESTRICTIONS recorded in the office of the County Recorder of the County of San Diego, California, on December 9, 1976, at File/Page 76-411224, herein the DECLARATiON, as follows: ARTICLE 1V, paragraph 4 of said DECLARATION shall read: "4. No single family dwelling shall be erected except on odd or irregular shaped lots, w1:1 1:11 shall have a floor square foot area. exclusive of porches and garages of less than 1,700 square feet as to any R-1 lot and 2,000 square feet a o any Estate lot without the prior written consent of the Archittctural Committee. No dwelling units of any residential building containing more than ore single family dwelling unit shall be erected, converted or con- structed on said property which shall have a floor square foot area, exclusive of porches and garages, of less than 1,009 square feet without the prior written permission. of the Architectural Committee." ARTICLE IV of said DECLARATION is further amended by adding as an additional paragraph to read: - 1110. That each owner of Lots 379, 380, 430, 431, 432 and 433 agrees for himself, his assigns and successors that he uiU not in any way construct. - or allow to be maintained on any such lot owned by ±n, any structure, fence, hedge, wall or other thing of any nature, which would unduly limit the view of the owners of Lots 367 through 378 and Lo't 3 381 through 383. In the event of any dispute -C 4 ii .1 C1 -1- I .0 05 1 S<j 1 -- cr cerning the applicability of this provision, the decision of the Architectural Committee shall be -:I IN WITNE'S WHEREOF. the Derlarant and Owner has made and executed this AMENDMENT as of this 15th day of Fthuzaty , 1977. LA COSTA LAND COMPANY By Vice President By_____________ Assistant secretary - "-? STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On Fthtint15.1971 before me, the undersigned, a Notary Public in and for said State, personally appeared - I3URTONL.KWER known to me to be the t'we Ptedeii.t• and ELAINETHOMS known to me to be the A-Ls-taiit_Sxetatii of the Corporation that executed the within instrument, knovn to me to be the persons who executed the within instrument cu behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of - - - directors. - - WITNESS my hand and official seal. Signature I I MTLVRE1 I. HOLMAN 849 N. $s.d. Sr, Emu" -do, CA 920b 4 .0 a) RECORDING REQUESTED BY AND RETURNED TO: TREASURER-TAX COLLECTOR (A-47) 463 OUC 119fl-O399243 AUG 19 1997 10:41 AM NflCI. EMS S1 DIEGO C)I1YRECURDER'SOFF1 GREGORY J. SnITH, COIJHIT RECLDER FEES: 0.00 m Number. 0491 NORTH COUNTY TIMES-COASTAL 610411991 NCE OF PONM TO SELL TAX-DEFAULTED Which, pursuant to law was declared to be Tax-Defaulted on 6130(1992 for the nonpayment of delinquent s in the amount of $ 723.90 for the fiscal year 1991 - 1992, default number 223-240-23-00 ótiee is herthy given by the Tax Collector of San Diego County that five or L oe years have elapsed since the duty i&1 and legally levied taxes on the property described herein were declared in default and that the piuperty is &Q'&d'_j~i&fbirnoqpwjment of=es and will be sold unless the amount required to redeem the property is paid to thè:ThCotor of said County before sale. The real iropedy subject to this notice is assessed b BCE PROPERTIES, INC. and is situated in said county, State of California, described as follows: )T401 OF CARlSBAD TRACT 72-20, LA COSTA VALE, UNIT NO. 3, IN THE CITY OF CARISRAD, )UNTY Of SAN DIEGO, STATE OF CALiFORNIA., ACCORDING TO MAP THEREOF NO. 79A }ILFD ThE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1974. A.TEOF CALIFORNIA EXECUTED ON August 11, 1997 - Tax Collector tAugu 11, 1997, before me, THOMAS I. PASTUSZKA, personally appeared PAUL BOLAND , psuaUy tome tobe both the Tax Collector of said County and the person who subscribed to the within iAist1Lf 1-amid bioIl to me that he executed the same in his authorized capacity as Tax Collector, and that by his 4u.ft.Iaa euümtt the person, or the entity upon behalf of which the person acted, executed the instrument. ZSS my band and official sed OdofSuperviiors / Deputy - -- - - - - At- 2145 U1t 199607409 Recording requested by: 16—FEB4996 10:21 fd1 PAUL SOLAND 1 OFFICIAL RECCRD ThEASURER-TAX COLLECTOR I SH OIEU 10UN1Y REC0ER'S OFFICE COUNTY OF SAN DIEGO FEESt 0.00 When recorded return to: I REGOR1 t1ITH1 CQUH RECORDER PAUL SOLAND Traast.er-Tax Collector 162 County Administration Center San Diego, California SPACE AOQV LINE FOR, RECOPOEfTS USE - SAN DIEGO COUNTY TREASURER-TAX CCLLECTR 162 County Administration Center San Diego, California 92101 CERTIFICATE OF TAX LIEN PAUL 6OLAND • TREASURER-TAX COLLECTOR of the jnt (6iego, State of California, in compliance with the provisions of Section 2191.3 of the Revenue antj Taxation Code, do hereby certify that there are on record in my office delinquent unsecured property taxes which were duly assessed, computed and levied together with penalties prescribed by law for the years In tie amounts set forth below. In addition, further penalties in the amount of $9.18 per month willj accrue on the first day of each month beginning MARCH It 1996- A8SE*SEE AND ADDRESS BCE DEVELOPMENT PROPERTIES 33 SOUTH SIXTH ST MINNEAPOLIS MN 55402 TM ARd ARflit.). NO. 0902 95 955888 AMOUNT $673.20 RECORDE THIS IS TO * ATAX LIEN * WITH RESPEC * PROPERTY. S NOTICE * TIFY YOU THAT S BEEN FILED * TO UNSECURED * From the time of recordation of this certificate, for a period of ten years oil any extension thereof, the amount required to be paid as shown herein together with all accrued inter et and penalties thereon will constitute a lien upon all real and personal property owned or hereafter acquired y the above named assessee within the County of San Diego. I declare under penalty of penury that the foregoing IS true and correct. PAUL BOLAND, TREAURER-TAX COLLECTOR COUNTY OF SAN DIE FEBRUARY 97 1996 By Dale 15073 l& 1190) OA T 4 . - - - - - - - -.L.1SMLO1 of- the a Of !.* —v and other Y4s1. ce Oet3oapk4 -p qt ice_c a corpo-. - rtLioe is arsat.e • do .rtb gei 11 t dUd *á3a$ CTXC iJT, a cor- poratto, its *oCUg.or$ 1 aeSilas, a sI fiSt in width in, upon, over i across the d b*rt*ii1'(,* d.istbsd, ta Sr-Sat, nonatroci. re- ______- - constroct, r-eTiav, r-ops.ir 3 a. ia.ad use for tb* trmnia.ia.ioa and distribution of ei.ctricitj aia for all. other pdrpoa.. connected tMroitt.. I I1n* or 1n4.1 .ndent - tinee of polo* or suel tow.raOr poisi, and wi,,s or cabi.. suspended thereon and supported .h.r.bf, Includizf wires for telephone signal n4 cosa*icatien purposes all o%har spltancea and flttozd& fez umei.* èmeotio, tbe-.with, also 3.nclud- tog guys. anchorage, creosasas and braces, together with he right of Ingress sd egress frcn said right of way by a practical routs or routes in, upon, over and &- - cross the hereinafter desextb.4 lands, together with the right to clear a'i keep clear nz right of way fron esp4crir-es, gs, structures, trees, brush and in- (flammable materials for protection from fit - and other h,zards, - 'lhr lana t which said sisegeni of right of wag is hereby granted are -- - - in t-e cou-ity ._, State of California, and are particularly 2 (Soti:.rczt nr.er of icr-hweat Qrter)i Lot 3 (Northwest quarter of Southwest ,arter); Lot 1, 'outhest Qzater cf Sotthwest quarter); Lot 5 (ScuU'east (;artc - described as follows. to w-1 t. Lot 1 (Jorthweat Quarter of Northwest .arter) Lot - of Zottet artor); Lot 6 (Suthvegt quarter of coutheest quarter);-Lot. 7 (Sout-ennt urter of thvtst quarter), the Northeast nrter; the Nor.kcas: - urter o th rthwe,,t Quarter; the Northeast sr-ter of toe nuthwest. i,_-rter 1f of the Siutheag orter in c2tion 31; the Nortb:t rtr -- oe Nnrthoit u-er of the Southwest Querter ait Lots 1 and 2 in Section 3Z', s.11 n T- rriL i 3cuth, Range 3 Went, San Sernnrdtho Be.-; and Meridian L th o, 3a of California, aicordirg to the United States Goeztnen. Surv- trrr tt ri tt-er 17, 18. --A1u- Th st }!Alf of La 6 of the Subdivision of R,Licho tan Ette, in tr - 'run if San D!c.:oj State of California, according to the !4a thereof Sn. 48, O1 iz the :lOe or the .nty Ecoorder of Sun Diego county on Joe ., 13. IN _ I i -:- - -- th. esntr1taqoZ s4faRust it ejEhi of wo i* thp aforesaid lands is partioulul dOL.Lb. ,• I$i iill*,g at jDt h. Westerly line OZ said Beetion 31; - .*i& ohtp ilat bájj di.t&1I thcreon 1087.52 feet Souther1r trce the Northwest cormst, of a-nttj 31; th.ee fri- said point of beginning south 6' 26' 53' nat, adLt.eeq or 3& feet; tI n*txth 65' 20' 23* X8at a distance .r 6101.07 feet to spoint the Zmaterly line of said Rancho Las ztcinita.s, distant tba..alI 112.39 test 8OethSr1- ft i the rthesat Corr'r cf said 1sncho Lasn.-tas. ' aide lizes of the .haee bed rt*t of vay 10-11 be lengthened and/or shortened an as to tersint'e said lines In the boundaries of the above described property. Except from the above described right of mar any portions thereof nct iying Vithin the ,.tcv- desrlt-ed lands of the grantors herein. I I In the ezerczse of the rights hereby granted, Grantee shall avoid .iree- a'nable terren.e cf nuci% by Cz-aator and is successors in estate of the a- foresaid lands as s not inconsistent with the full en3oy.ent of the rights herein granted to Grantee; provided, however. that Grantor and his successor= in estate shall not erect or coestrut, or parati to be erected or con-tructed, any building rr ether structure, plant any teCa or tree., or drill any well, within the halts of said right of way. Grantee shall have the sight to erect, maintain and use gates In all fen- ces which now cross or shall tereefter cross said route or routes, and to trim and cut and clear away any trees and brush whenever in its judgment the sane shall be necessary for the convenient and safe exercise of the rights hereby granted, the right to transfer and assign this .&sl*ant in wbcle or in part being hereby granted t0 t.se Grantee. The Grantor grants to the Grants., its successors and assigns, the right to tx-t* or top and to keep trisz.ed or topped, any and all tree, on the lands of the G:-sstor ascent to said right of way strip for a distanc. of .-?P...fset from the- exterior lines of 'he right of way strip, to iuca heights &T in the Judgnent of the Grantee, it successors or assigns, jhall be reasonably necessary for the proper s0n- struction, operation and maintenance of said electric trsnsnisiios line or flies, but at no point outside the ri4ht or way strip to a height or_ less ibsa...J,. feet. Grantor r.gr.es tht no Other easement or e,seaefltS shall be granted on. - Unier or over said strip of land by Gra.ir, without the previous written consent of Gran—e. IN VT)iESS hRERWP. Grantor has executed thete peasants the3 4' .1 LUY UJD COMPANT, * corporation. it%SfVl 2)=ra I lVdt - Its Ort&17 £xected In T11--3"- -x--- '-- ? -"i-Its / , - -'I-"- I I I I I ic I I yg 67- - .- ft und.rai.d. N.tiry Public Lit and duly ci.5 011 - .4 sad ccc cc ______ --. an to a0 to be tb. ..an AV a Wit- thereto.- .• b.iog by !q duly tlØi.pi.a...L. d uiy*1 - - Th.t h_. Tsfj*3lit and that present .itI3j.. T1&......p0is.ds1ty to . to be the cone porno. whose It crLbedt. the wLLa c.4 c.c.a.4 l.etruit,ct. •...cut. and de. - - i 4....... •obnaal.dj*d to acid effisat that ...b........ ..ecet.d the - .4ftiant sitbeeribud .M*... nan..., thereto a, * Ti tu.w a. ju uisu uMvmw. I hav*7 bareduts, vat my nand and affixed my official ...l the day and year in ........... this Care Notary 'bi4c ta .14 .r jOid Cyt .14 irate - GENERAL FORM STATE OF ) - COUNTY OF )SS - On thaw ....... day of ......... .... A.D. - 29,,,. before mg. the undersigned. - - a Notary Public in and for the acid County and State. residint therein. duly you- cia*ionrd and scorn. personally appears ............................................... biwon to cc to he the person . rho.* nan.........aubscit,*d to tho within Instrument. and duly cbnorlrdtn to cc that .,h..._. executed the lace. IN UWESS T)15R509. I have hereunto met my hand and affixed my offlelci cccl the day and year in - - this certificate first above .ritte.-a. Iet4ry Pi.biie i n and for said county and state CORPORATION FORM STATE OF CALIFORNIA) s cnuprry OF AIELE - On thi.30 4.7 of 19..% b.fsre a,. the under-id. a Notary Public in and for the said County and State, r.&le*ng ther-in. duly tois- --'sinned and sWOrn, personally appeared ........1Ltb*j.Wi.lI1.t3............., inn.n te. cC lobe theVlC•. President •n..,. to cc to be tu* Secrtary of .......the corporation that etecuted the wktI,1u Instrument. huss to me to be the perceni who executed tb. within Instrument. on behalf of the c,,p.ratian therein saw-d, and acknewl*dWO 4 to that such corporation •aacctad the cc... - - 1iliI.Iu..i,;_ -. IN I14tU* ,crl*c.7. I fr*v. h.ranntc not ey hand ie.1 t,iO4 affixed a jtZc; seal day and year in t. ilia ce,tlfj b. ittleps. and br sat Cone I I to Ia 7 Cs.ica Imptras sih 7, 1958. - . :. CIflfltLU. T OF EIGHT OF WAY - y YIN i - ' GAS - ON" ow bw IN UI tnru 4flgIg54 t A'ML r 4flL • • , , - o,rIax&is*cors - p • a.. L 3 •1 ' -S.- - - • i .Cs.vz e51 &T / Wad as reror,gr 1* O* ;th of 7?* Dollars and other a.sble en aid zaiD paid b bt13O eAL& XC 3IP.IJY, * col- ration, as Grantee, do her.'y (rant to said UI DIM- anAr Uibti& CCIPAIY. a cor- poration, its successors and essigne, as *c.*eat of right Oc VJa-.f' in width - in, upon, over and wrrost. the l.ada Nerstaattan d.gcrib.d to; .rsotobastrect - re.. construct, replace, repair, maintain and use for the transmission and distribution - of electricity and for all other purposes coas.etnd therewithj s - line or independent - L Ines of polio o steel towers or poles, said wires or cables eu*pend.d tb.r.on and - supported tber*bj, including wires or tei.ph.. aignIl san coenlc*Lon peroaes and all other ap pliances and fixtures for use in cana.tI',t, therewith, alen eg guys, anchorage, crossares and braces, together with the right of ligress and egress from said right of way by $ practical rant. or reiten in, upon, over and a- cross the hereinafter described lands, Vpgether with the right to clear and keep clear said ri,bt of way from ezpio:lvr-. buildings 1 structures, trees. brosh and in- - • flammable materials for ptoteticn from tire and other hazards. The lands in which said e asement of right of way in hereby granted are ttusted in the County of.3n.?o......Stato at Cnlifcrnie, and are particularly described as follows, to wit: TneSoutheast quarter of the Northwest Q.crter of 5%:O~ior 31, Towenbp 1' South, Raride 3 West, San Bernardino Baae and M.d.dian, 1, ',i.e Cci~xty rf San Dieso, State o California, according to the United Stator o. cruner. Survey npprcvel Septireber 17, 1889. Don c\ .._i ....'-.. .5, M *6 -~- -I' ,-. .----.----• • . •-•.-'--•.---'--'• -- -•- — 'Tir-P or dd. Ct 31, iA*Z.5 .t tther1,y fr the IrtIniest South 650 26 535 23' hat, - a distance of 6101.07 feetto* i.1i.ót -•i.ioh_ Las IdeinItas *cording to the nap- e±'eof;•8 i ft:'th-o1ge ø €he San me oimtr Recorder, distant there 0hU12..9tct S&.itherl b6K the Zcrtheas corner of said • Razicho Las injzas. -- - - aide 1n es of the abovà deieribàdd, igit of v* shall be lengthened and/.ir 'shortened so as to terninate said 3.1s in the baonsr.es of the above described ?2-.perty. - = - - -.-- - - Rrcepting from the Obove deseribe4 right of way any poItcns therrof not lyn Within the above deeeribe& lands of the pastors herein. -r In the C: .rcist of the rights hereby granted. Grntee shall avoid Unrea- $abj', interference of such use ty Grantor and his successors in estate of the a- - foresaid lands as Is not inconslstct with the full en.joyxent of, the rights herein granted to Grantee; provided, however, tht Granter and his successors In estate shall not erect or co trt.l, or perait to' * -* erectd or constructed, any building or other structure, plant any tree or trees, or drtU any well, withIn the ilatta - of ::aid right of way. • Grantee-shall have the right to erect, asintain and use gates In all fen- ces which now cross or shall hereafter cross ea'd route or routes, and to trim and cut and clear away any trees sn46rush whenever in its Judgment the sane shall be - necessary for the convenient and safe ex.rcise of the rights hereby granted, the right to transfer and assign this easement in whole or in part being hereby granted - to the Grantee. - The Grantor grsnta to the Grants., its successor; ax4 assigns, the right - - to trim or top and to keep trimmed or topped, any and all trees on the lands of the Grantor adjacent to said right cf way strip for * distance of0rest from the - - exterior lines of the right of way st..'ip, to such heights as in the. ludgasnt of the -- - - Grantee, it successors or assign*, shall be reasonably nucessazy for the proper con- - atruction, oprratcn and maintenance of said electric traniis....,ia* line or lines, at no point outside the right, of .iay strip to a height of less tban....3.... feet. - - -- Grontor agrees that no other easement or easeasnts shall be granted on. - under or over said strip of land by Grantor, witheut the previous written consent; ol ('rantee. - -: SW WITNESS WRO?, Granter has executed those presents the..2p4 day of Y!bruary. .......... .... , - -- TM3 RIAN CAThOLXC BISac* - B" Izecutud in th. Fr.sea.. Ott - - JQ ---v-: QA - -ft$eaas- T1 dei 21 knan to Jttt111wmtrrctiir* ** • ,t- .watothC. to a the sans prson. an**x.ad Inattq4. executo and de- executed the ;plIr.! th*i*ta aaIt.aa. I VUcEUnte aft my hand wy official- 'a.1 the d.y and yea; It- cat. first abevp written. ,H(: in and fe4 zst e1oI;) M W, y CnLsaon Expr.. .cc. 1 a GENERAL FORM - STATE OF )SS. co_y oil - On this ...4ay --- --------------- ----.A.D i9... before we. the undera&ne-i. - a Votary Public in and for the said County and State. realdirig theism, duly cow- nlsz*and and sworn. personally appesrcd --------------------------------- ----------------. known to we to be t i-.. perw,n - whose ra,r. ........ 4u',Oribed to the within lax trurent. and duty - - £nowl4*ed to ae that executed the same. - • IN IIfl(LS WHEREOF. I have hereunto *et -my hand and affixed my official aeai the day and year in - this certificate first above 7.fery tc tti and fai- :csd Caa.nty a44 5 tstr CORPORATION FORM STATE OF 1 COLhTY OF Sfl2t r(t) On this Zijday of k'A.D. IJt4 before we, the undersigned. * - Notary PjUlic in and for the said Conty a;.d Etate. 's.tOing therein; duly Cowels- - - -- eioned and s.gn persOnally .pp.ared 5.. .'.ILIIt7------.....3kanto *C L -- to .r the-----_.. - *fWt _-------------------- the corporation thit esecuted the ejtitt* Instrument. known to we to be the p.iia.n*whe cc tad the within Instrument. an behalf .. the corporation tbet.in named. and .to -• - we that such corporation .z.nuted the •s - - . - - - - - - IN WITH99Z vzwor. - I have h,v d• - • awl affixed or oft!elal c.att - this as fiesta tint abc ro ,ai sac a 20112 sacs t.$.ry PwiL4c in aid fr avid - y Eiapi0ai. - '-;t - th ad. and present ead .1wClØ3 , whoae llv. the saw. aad..k,_ 1. 4 saws; and that said aZfiaat and affix. this - Notary When R etkd Mail in: Dornelley, Hulden & Stenley 2655 Fourth Avenue Son Diego, CA 92103 1 Atn: J. A. Donnelley I Spare 110nw for It t'sirder's Us.! '?!EE 9b3 :c "tuurar LULL IWLL P.tJ .iti (.LWPIM h05FH'13 !. tJ.Et U1Y.CtJF. PARLEY F.tOCM "crc lF:cl.;\R.T1ON AND ()i' l'ItoT1:C'rI i: uoNtiTI('.s \D nEsTHIcTio:s l.ots 51 through 295 La Costa Vale Unit No. 2 Tills DECLARATION A.I3 ESTABLISHMENT OF I'HOTECTIVE cONDITIONS AND RESTRICTIONS made this I-; t day of _November iiq:t. by LA CO',-rA LAND COMPANY. an Illinois corporation, duly qualified and authorized to transact business in the State of California. hereinafter referred to as "Declarant". WITNESSETII: I I I I-iT 1±1 I H I:J I I RE CC&Rfs r646_flt2/73 WHEREAS, Declarant is the owner of a certain tract of land in San Diego County, - California. more particularly described as foflows: Lots 251 through 295. inclusive of Carlsbad Tract No. 72-20 Unit No. 2. according to Map No. 7779, filed in the Office of - - the County Recorder of San Diego, County. California October 2, 1973 and WHEREAS. it is th43 desire and Intention of Declarant to sell the prnperl described above, and to impose upon it mutual beneficial LD Co I - : i-I I I H I' I 7-1 The property subject to this l)eetaration is known as La ''asta alt' Tail No. 2, and is more particularly described as: Lots 251 through 293, inclusive of Lorisbod Tract No. 72-20 Unit No. 2, according to Map No. 7779. filed in the Office of the County Recorder of San Diego - County. California, October 26, 1973. ,R'rlcl.r; II DEFINI'rIoN OF TERMS nicanS one r,f the numbered parcels o f real property as shown in the map hereinaboe referred to or any parcel or parcels into c hich said prnpet'tv is split or shall be suixilvided. 3. 'Sahtl I'repc'rty" ii o'.uts the properly denc nt ted in Article I. unless the context anti circuiti stazw rs at lierc.vjse require. - C..) i C-) x'tt?ictitins 1r the benefit of all tin' land in that tract and the future ownc'rs •f thtise lands. - - NOW.TUEI{Ll'()itl-:. hn-iw all men by it est' presents: I )et.traitt her-b hc lares. that said lots, all pare"l s and prtiun. of said I .a ('jata \ ale I nit Xi. 2 are held, and shall fie hiliJ and ttansfcrrett. IlYpttheratcd, SrliI, e'tt 'tl and oncumlivred. Ic etl, rented, cii. mll inipr ired. sal w" t the en enants • rundi lions, rest etc t t in -. reset -c. .t'j. uc. c 'mlii j ins s lacqccertt ti rt'c. rsiun and charges as iaIIci s. ni ahicb are cit-c j.crcd and agreed Iii hi- in fuit hi-rance at a 1 ,1;in fr the salt- clix i-j in. i,z-cn ement and sat i' it sijil 1;mnd and e er. pat t thereof. \1I al the liucitac juts, r.',trit-1i(.n ii rcueljtjiin. and covenants shall ran with the land and .halt be l'inding upon all partivshaving or acquiring -any right, title or jntert--t in the described IatI ccc ;tn- part thereof. .\lnIULI: 1 PROPERTY sU11tI-:(:1"11) ThIs lEC1:\R:Vf ION 'H i -: I I ii- I 1 1509 :t. "Set back" means the minimum distance iietwcen the it-meiling building or tither structure r'ct*'rreti to and a given street or line. - 3. ltuidinrz Site" mcatl a single lot as shown rfl said map. as sb n 'mm ans future final-,l 'tilt j5j)fl map, or as Shown rin a par( el rnsjsi jg of ct'ntjgu.us portion of ;tnv two or noire c,,nhi r,)u, Jrtj, -or a 'f uc I i m.f parts ;,f one or n'rc lots and utlnwent time mt t; an .mtrh ulidifle -m i', h a tm er, I-z suhert iii the itrior me rillun uppr' a I f the \r hite 't ri' (iimuitte.'. - t rect means ;tit Street, higiivav r mc her 1Irirr,uim1a rc h'vn on .tid map, whether th—ignated thereon s street • a'. enue, buul e\ar'i place. dri. t'. road, terrace, w..v, 1amu., circle or otherwise. 1. "11-2 Lots- are all lots ikscribrtl above except tots 271, '2721. 273 and 2'O. ARTICLE' Ill USE OF PROPERTY 1. No part-of said property or any part thereof hail be sub- 'ilidtd, laid out or improved by buildings, or trttctures, or its physical c on(nurs alt t'reml or changed, except with the approval of the Declarant - wit i the written advice of the \rchitecturaL Committee, so as to insure a uniform and reasonably high standard of artistic result and attractiveness, in exterior and physical appearance of said property and ilnprr)vements. - 2. Said lots or parcels shall not be subdivided or split into lts of a lessor size than the size of the original lots or parcels without the written rnnent of Declarant anti the written advice of the Architectural Committee first had and obtained. - :t, Except for l_nts-7I. 212 271 and 290. said property shall be used for residential purposes only, and no L,uildiug shall be w NNW if -'l 1 .;to. e*!ctb±rt. consirtit. ted, altered tor tr unt..ltwl can said lots or any part thereof, tither 1! au a iho, clUng f'r a initlr anil (izicl*ding guests and ltiielv,iti eI am with ,a-t (Una r - and , ,,i t at 4 c u'it loillllngs as prrnii t I e'l by I ;uv and the rt hi? etiu:,l Conmviltt C, '-cl 1t ,4 I It -2 1 .ots', iioiltiple imjI i, rnitv -bc unils with LIstIr ' .iul ..uitit,lc nuthuihIint.s as permitted by law anti the \ri Ititeeriral ( ommitt'.' :rsav lie alitswed. prrn irte't, that no such H -2 . .,l ,t--.t I I' r. ipjtt te. 1fl ,i•t. than the number of el Iin units -b:i Girth Jb -2t.- e*(t) seh I'll in Ii'' " ti'."Jtile attached beret'', marked F; xhil 1t \ • tnl ri VIP.T ,':t -re-. 1. N' h'ir.e.;,. ct1 Ic. eo s, 'ats, sheep, -ralit-i!s, hares. ri'ptilta.. r - .1 .'r nimali,, pji!t" ire-, jitia-ant s, gaint.' birds. 'ir i.anie er 'tltcr hirib.., I'rt I 'r pnt..'.trv shall It' i-al -&'tt. kept or p rmittcd up -in said prr'per1 .'r am p.trt thereof, exet-pi- that if us and eats and other househi 41 may l ie kept. provided that thv arc not kept, bred or rais"d for C'iyii - mi rciaI 'ir 'see .,r in aa&aasonztl,le I:,zltjtit's, and pros ided that they ii;, not beconie a riuistnct' t' the owners 1, or vicrt.;pants of said property. zu'.il that aIt'v'ueh 'irst's mac nor be kpt. t.,fiti.at or maintained, they may he permitted r;fl the prenhises.. - - .. No part of said properly shall be used for the purpose CII drilling thereon for, or producing th'-rvfronr, water. oil, gas or any mineral substance. l'iccizsrant hereby reserv all crude nil. petroleum, gas. brea, asphaltum and all kindred substances nz1 other minerals under and in said land. 6. No noxious or nffeni'.e track or activity shall be carried on upon said property or any part thereof, nor shall anything be done or maintained thereon which may be or bt'erirne an annoyance or nuiiumce IL) the neigbborlir,'nI. LV CU Zb i, 1 1ji - , -\it ite ji,n iiies,nr antL-nn ,fur tit- sjw it-jitly. .,lje tir. ' \ iir ! l,.ill l.i' 114t niittt'il on tt.r iiitjdi' PT I'ih'f L .iti avt-llmg it tit lur t Iii tia fir (lsiiii 't ii'v • t'i. t.'r 1 i!i • ! iii'- *'1d ii'i, tiiI; i',i to th' wi'1t ,iijiil iit( ' to l,r i - r4-.4 priiper lv and the I tiibltrg te u. lit-thu -mi '' !b' I t'* 14it h4 ' a jO lit?. atari ri1,ii_i,f_tav for tl'tcJit, i'uistrurLi.. l,ii i i,i' I IItg .a1l.- htr, i.jd p(Phs. ViZC5 ant t'c,itbtii ' lot' i-j:L! 1t4't-tilt, , i'w.-r, tt'1ij ,Iiosg c:le t:Icv*irn ;ndrti .stiier ' of lift,,- unit zttirniiuig an pubite or quut i-lt hue mut -u •'.i. * ,,si ,i't;u1h thi urfaa e Of tIaoground 1 oirli aintu rhtr - .. V 11.44 r ; irtivuinrly i.et forth in u-aid map. or otherwise Of t e4i.iil, - "'_1 - P. liii haratat orel,v re.-L i'%es the right ti tizihp .nv anl z11 a-U-. :atu-j 1,11 ian ;.u-i lit -tilst -rty nt tied by it and on the building tes inCICCLd. tlu(riln, ?iIiiI tam thi uarIi radiiig as in its judgment may be r;eeeuary to gruadi strvvts afln) litillifillp t.it.s deto1'nated or dcl ar1eatvd upon said map of ,aid party or tiny purl lhcref. - - - - 10. No madlaux detari.'ul from the dwelling Etrueture, which it to ;ntuded tts ser(' shall be installed or mainthimwd unless its rupnred st.te shape. color nuad design and IeVatmon is first approved by the A rein tectural ('ornet Ittee. - -- - I. No iil*hty area or drying yard shall he rrinstructed or mr. lath uteri till the properly unless a plan therefor shall be first submitted - to t)a A rI'hltvf tural ('ontnutttt, and -the latter 'rtfl iii!turmine i i (j trh i)lIti ;ipptrapr iulel.- prntdt'l. -for set ecriang said area or .rd fr.m etcricir View. :'. N, 11n4 tilt- ill a1 ti riding'; shall be era istriatturl or fli ant a a ut (I I I on tr:t' propt'rtv ithout suitable carp rt '!r garage and riff-strt'.'t parking %O'V5 the i;v. I b:alion cir and design 'fwhieh shall first lie :tpprovt 't Ii'. the \rchitvrtura 1 ( lmlt it tic. In any et cot, each 'lv citing bait ding .ball Ia' pr"vifkal with a t jut ani of pe manvntiv maintained ctrf- --trut i p rking ;;tccs in a parking art-a or pri ate gar.iges ni tw -t (21 pariiiu space., i ir a'Ii t1-'. t'Iling 'nil, toe a which nha I be in a co' crenl carport I . \ i i! cr ttnt' Sihil bc josiaH eti or a.intiintd for ti a a .th IujI thug ili Ow pr pert hic h ciisrha rges clii ut.nnt itrineicc the -t •tt.it' s'. em at tht r )p'rtv and unless i' is :tppropriatt•t\ • r !;t e!trittr je.v. The I po at n ;itvr softener and :iplanfor it5 fi -recuina la I rb-st he apprrts cii 11¼ said rchittnctt,ral (i:raitI4i' l)frtc.i'e its inl.il!aIic tfl. - - - - - 13. Rcn,fs shall be of ltlt' shingles or shakes r,r other malt cc. of :t cal. ir and t t- ztpprond by the \r -hitecturai Commitct', provided - however, i'.trk cii ifs shall not he UI lo;vcd. - 15. Any other prnisiun of these Conditions and Restrictions to the ecintrarY nt-withstanding, i.ot 271 -may be used for public school purpes and c,rclivarv sclvtoi and related structures may be erected thereon provided the plans and specifications therefor shall be submitted to the Architectural - Committee in the manner prescribed in this Declaration. in the event said • Lot 271 is not acquired by a Public Schrd District within ten UO) years of the datt of this ilectaraijon or the Elementary School District within whose )urisclie-tion said property falls a iviing the Declarant or its successors or assigns that it has no inlntinn to accluire said l.o( 271 • then said lot shall be - designated as a 'I-i-a" lot prut jilcil h'iwct'r said lot shalt not i,r' occupied by niore than 'me tkv&-IIing unit per 3.u00 srt• ft-,Lt. - OF I I I I -- • I i: I I IV I ,V `_1 1513 16. 'n tier prr isirn ni Ilse ctjnditifsn .tild r.:si rid ji tui In tli' cn1 ra1. m 1'.' ii ti-t -tnling. I .'its-272, anti -2°0 shall be ii-cd -nl% for ctpn 'p.!rL'. park and rvcreaIu1 pir pi and n1 st tt:r&s or other ito pros cm mls shall he rmti ml thereon mxtcpt pztr L ;.rd rcrrc''t inztl farlt itiv and reastmAile rkjn j:pin IT&fl!5. tch -.1 rm''il'eS .411t1 irnprn enttnt tetI I it 0' ztpjti' I. t1 •f the rciut mCI tir.i (mt roiltec as cal hmr. li pr c ithed in I his I tm-I artinn. .\lrrlrLl: IV cii'.nc:ri:n Ill' IuIIl)IN(; I No residential building xnav be erecU !l or main- tained on any of said prtaperzv except single or multiple single fanaily delhings, with private appurtenant garages and customary zatiIhtui'I- ings. No building shall exceed more titan two stories in height or thirty-iie feet in height. whichever is less, except as to slopi: la-its - - the Architectural C'-ammittce may wai'e said requirements. - V 2. No trailer, rauthune. garage, shed, tent. or any temporary buildings of any- kind shall be erected or maintained - - tn any lot or building site prior to the erection of the principal -- dwelling building thereon, provided. be%vever. that the tundjtjon herein contained shall not be eunstrocal to pre em the temporary -- - construction and maintenance liv- lh'elarant or its agent of build- ings or improvements on said prupmrty deeutcrt necessary or - convenient in the deelopment of the saat,dib,jcm, prtavidmt. laowc er, (-.3 the •\riiitrtural Commiltev, may grant temporary revokable permits for the construction and maintenance of t er.porarv crmstruetion ils or like, improl,rments nvvessar.% in the tiifld ructiun of iinpro e tints tin t4aitl prpert.. i. The work of construLlimt any resideneL or building shall be prt cut vtl tljlji.tent lv and Uintb,ut.lv from the trmnnrernent t hr&u d until tho, a rtto j erstopl vi itt. t-_ jdett, hoe ir. n i eanst ructit in - r tep.or t 'ik. except t ilergeney itp;iirs. shall be ctindictei on an tinlz1v. -XI! t tatures ,hall Ii' till rifltCtl. colorvo tir stained ilu n echoic! upon tutuplet jufl. - 4. No single faniil.y ilwclling shall he erected, except in odd and irreLujzLr-shLpvd lots. which sIihl nave a floor square foot area. exclusive of porches and gar:.gt's of less than 151)1) stItiare feet as it any 11-2 l'iz without the prior written permission of the - Architectural Committee. No dwelling unit of any residential building - containing more than one sintle family dwelling unit shall he erected. - converted or constructed on said property which shall have a floor square foot area exclusive- of porches and garages of lei than 1000 square feel without the prior written permission of the Architectural Committee. 3. No building erected or constructed elsewhere- shall be moved onto any lot or building Site without the prior written approval of the Architectural Committee. - - - - - 6. No living tr'i1cr. house ear or "canipster'. boat or boat trailer shall be parked on any road or building site either temporarily or pernianentlt. or shall any such luotor vehicle not capable cit being operated be parked for longer that forty-eight (48' hours outside of a garage on any -a - ; —'• I I t_1 1 tr tt • If 11 1 , tiii .ar ri': i:,,.i It v v. n"111.11, 'lit ri zirv rekrr . UiV r* r 11 1 p iiit . rL'p 1 r.y or flirt .a'. :il v.tr1: ti •nt 1'l1 any r' '..I' .,I n'iy I ri 0, ii ii i.,l l,, .i, it 4 int' tIt. - 7. l't'lar:'iit .:.lI t:vr the riIIlt at all tiirt a to 1.trr .i. or I'4V ,.l or I .,1il.1. 1-if.e that i ;r.r.t .r 11' 11 it'j It r' itid lv Ihi: o, i ii thi riof or ttit Flupt It.':I t! er t t iy 01 ,1'. alt(], Y . 7oa al .lt tO t.1.l1t O!• I tIilahL. I rim. ía l,a. .. rvviovt • it. pla t &• and .r ria irt n hi ''-, - 11-tr, tit'n; 'n i i . , • are., iI.ir. tv.eiitv -five (25) feit ., a ::. fit'at c r ie.r III i 1,1 Li-. tilti ajed and, or rti.ivr Inol s oil :my pi .t't "llof 1-t .,f I)(1 property, and 1):larant, or any officer or a(Zlt U e nt's.", shall t tl.trvbv he deemed guilty of any nu&n'uir of tipasa. Fm-.pt as to the !-lope portion thereof when the c.wner of a parcel or lot s"' plant'. or 1iIaI!Ita incd by I Ic(l3XLflt shall give %V1'ittOfi notice to I t chirar.t of hi tnttitionS to improve the same within thirty (30) days. lieclarat may, wi:ain thirty (30) days. and -thereafter until work on said tmproencits is con- menced, transplant. remove or dir;wise of any or all of the plrinting whic - may have been made by it. ARTICLE V FENCES 1. No fence, wall, hedge or roping shall be erected r.eztrer Vic front lot line than the front line of any dwelling or which i.tiall have a greater height than six (6) feet above the fiuihvd graded st'rfaee of the ground upon which it is located. 2. All fences from the standpoint of conntruc (inn. style. material, color and view shall be si:bjtt't to tIn' pninr . rttttn approval of the Architectural Committee. Because of tin' topography of thc land. such -4 C)') & —'I ' I I I I I I I I I I I I I. • I'T fir - _.c-- - inati cr1-i as the ltrution ut the view. elevation, height, irt-hitt-' tural I ant '-natt'rial , are of inip(irtanc*' t all of the prnpvi-tivc- tnoinvrs of hits in iht hili isiiin, :nd thtr iri, for iht trnt etion 'ii ill nun- • thu pri- ir written i insi -nt tif tin- \ ruhit i.-turj Cim im itivi. Js ri-(piirVL - irrici.i: \ to ~n.N It n h z.ilkling within said ti ai.t -h;dI lit, I ,VatL-(i 4-:.rer Ililen tjft (50 • fe1 Ii-w t 4 •!ntL-rline of at -,t ri-ut and in an. ,tj. ip-ir.-r than t'vi:nt -fix eQ5 , ff et 1vin an,. pr°- rP. lint: 5 ton a di_-dicat cd str eet. . None of the sutbztuk tines referred to in this article shall apply to steps, gales, or p',-. The Architectural (tttm1tce na grant exc epii,ins and variations frrirn the provisions of this article in the case ri-f hardships. - - _-\wrlcl.F: vii SIGNS ANI \lVERTtSING - 1. No signs or other ad,.- ertising device of any character all tie erected or maintained tipllfl any part of said property, except that (a on any one kit or building site one sian, nt larger than eighteen (181 inches by twenty-fnur (24) inches, advertising the property fur sale or rent, niav be erected and maintained; (b)Declarant or its agents may erect and maintain on said property such signs and other athertising devices as it may deem necessary or prnpr in coflflectjafl with the conduct of its 'ipi'rntiins fur the develtipnient, tntprnentcnt, sultdiiiinrir sale of said property. - 1 1 I - I.: I I: II :r _i 1it7 - 2. As 10 any l)t or lot.,. Miert4n in ')r'ler to sell -inv iliteresis thrrijn. the r.wner must secure from the California Division tf Real l:tate a s.ibtljvjjttri report. the owner or its agents shall submit to Itn,ut fur its written approval all ;ul tilsing material including brochure5. radi" 'r l scripts. If the Ii, avant shall not h:. ,.e gi en .t it en IT ti v if diappruval of such atlt r?isilig by certified mail jthiu tn 110, d.vs ti receipt thereof such advertising material. etc. ,hall he ,k-ct-ti .rpro d. I I lara,tt '41,111 no! unrcas',nat.I 'xillhuld -..:h appr t' ti. - - ARTICLE VII! .P1'HOVAl. 0F PLANS I. No building, fen-. w.tll. pole or other structure shall be ereeted, cotistructed, altered tr maintained upon any portion of said property, unless a complete set Ar plans and specifications thereict. including the exterior color scheme with a bloc'; plan Indicating the exact location .an the building site and a complete Landscaping plan. shall have been submitted to and approved in writing by the Architectural Committee as hereinafter set forth nor shall any building erected or constructed else-where be moved onto any building site without the consent specified by Paragraph 5 of Article IV. The approval of said plans and specifications may be withheld not only because of their noncompliance with any of the specific conditions and restrictions con- tained in this an.t other clauses hereof, but also by reason of the dis- satisfaction of the -Architectural Committee with the style, design. appearance or location of the prziposecl structure or strucuire.. or landscaping. At the time the building plans and spevifie;itittus shall be submitted to the trchitectuat Committee for it.i approval. the applicant (AJ )I(D % CO I I 151S 5iti conctitions. restrictions and chargv-A charge-in whole or part 11v aninstru- ment in writing, sjined by said owners, which shall be aknowle'lged by them so as to entitle it to he recorded in the Office of ti e flertircier f the Cttuntv of Su l)jegn. prrivitlril, huwi'l 'r. tilt' prohibition o f : Paragraph 2 of •\ rlicl e III shalt be perpetual upon all pryipert .% for tlw mutual benefit of v%vry lot or htiiltlurn site therein, prrt jtld. further, that ttpn isiance of a California Dil ision of Rcai Estate's I '11111 iC it epnt I tr a .t atOt' ti'' t'r in ininium or planned unit tievelap- nwnt out the lilinc t r kcliOtiofl it a \'stice of Ctttitpteli in thereof. the prn isi'n ni \r'tilJL \lll and l'.traur;phs I • :t, 10, 11 and 12 ')t .\riiet e 111 '.hal I be 1 it ni further i•I feci ;- in any part of sai1 property referred to In saul report and dt ritool hi said Notice of (,)mphetiun and I)eclaraut, its tcressnr or .ssign nlizill execute and delher :tnv ririctIrilelits nve&'ssarv to curry this twi-i in into effect. - .\R'l'ICI.E XI EFFECT OP HREWlt OF CONDITIONS AND RESTRICTIONS - The conditions, restrictions and covenants hereby - established shall operate as covenants running with the land; and further, Declarant and/or the owner or owners of any lot or lots, including any bona fide purchaser under contract, in the event of a breach of any of said restrictions, conditions and covenants or a continuance of any such breach, may bring appropriate legal proceedings. take steps to enjoin, abate or remedy the same. - - Provided, however, that a breach of the foregoing conditions and restrlctons shalt not affect or render invalid the lien cc of any nortgage or deerl of trust toath' for '.alue which inai in. then a lien, or F retunt' a lien upon said pv,q vrt%. but such cunrljtjrms :Ln •rictiotu. .hall J'e ltjndj upon atal . f'ttivt' against any wi nrr, and heirs. tli' ist'e.. \ecutf,rS, ;tthiit1i rat iure$Surs and ajns lilt i tqoi to'.i tipttr and Through .nv sat h 'r iced f 'a-I to. tr)rcuIt)surc. Ii'tt*''. ;ilv or c)terjst' flTiCi I MI tl:l\l ittll:\II::I I I ciar;tnt ha.- paid 't vzo.sud t) IW paid and/or pro'. ilcd th le !ioztT ion f property. to prt'. ito for park and rerrt.atiomd facilities .ttul chr, d facilities, to PC it the suhiect property as sell as 04 jtiuna 1 proper? v ownetl by Declarant. To pru ide for reimbursement of said fees anti f .r the v;tjtxt, of t!tt' ii . rtics dedicated and agreed to itt' tlprhjeated by I )vctarant, and as a et 'pdIt jon .'f linal apro at of plans as - pr-tided in Article VIII. the applicant, shall pay to Declarant or its sticeess'r or assigns, the sum of $2iO.00 for each dwelling unit constructed on eachiot. pavabli' only upon final approval of the building plans by the Architectural Committee. - I F I : I I: I I:H :\RFICLI. XIII RIGHT '10 1:XFORCE I. The proisions contained in this Declaration shall bind and inure to the benefit of and he nforceabie by Declarant. its suecess'.rs or aslgns, or the owoera of any portion of said property, r their and cach of their representatives, heirs, successors or assigns, and the failure to enforce any f sech conditions, restri"llons'jr covenants herein contained shall iii to e%ent lie tIi',ncd itt I)P a'.c aiver Of the right to t'o so thereafter. I-,-) I I I —I 1520 shall p-tv a in fee of Fifty I )'I 1 a rs ( tiO. (1(i) for cat h 131 .111 - tt for ea c-11 H -1 1 -11 OV'Oh lip. atid One Ilti til l X.il; 1s (s'! 00. hi ft,i' en' l,uilhn. olur Thrt e fl 1zir.. 00 for . living unit ilk in (.re -S of t% ,n. tltit' .J1.1 11 by ti 1rI1 ii 'iia Ice TalvAsle itt t.t 'r: if Ii,': 1qii1thn' 01aII _py iia'rt' 1f:n u'- In the (v:i1 Ihe itrt: plan 1; rut.- ;iitt(d fur n;i'r r t'rn one lu ii t,. thc- Ardi itt-i. Iii ral Curay itt te raav z't Li 1t a purl ii ii cu F ii chrrc iu' rra't, with the t ime r-'rveui in rev it •1 multiple plaits. - 2 The tvr i Itcu a ppru.;,l or the A rch ii c ct a ml (unt a It' t r.iav It' ret • u'ily t! iii the (iffi e c,f the Count v flecc,rtk-r tit s j airl s!-i1 t'c rill, A .1 iii sin -ti anproval. 3. The appi-uval if Vie \rciit':etttral Comm ittec' of any plans ur rpecifieatiorzs submitted fur approval, as herein specified. shall not be dtnmcd to be a waiver by the Architectural Committty of its rihtr: to cthjeet to tiny of the features or e1cmciitr einbodic'd Li any subsequc.'nL plans or spceifications submitterl for approval as herein provided, for use oil any other building site, nor shall such approval be construed as in --ruy manner ntodifving. altering or waiving any of the conditionsor restrictions set out herein as to location or otherwise. 4. if after such pins and specifications have been approved, the building, wall, fence, or other structures shall bealtered, erected or maintained upon the building site otherwise then as ipproved by the Architectural Committee, such alteration, erection and maintenance shall be deemed to have been undertaken without the approval of the Arehittctural Committee ever hawing becu obtained as required by this lc1aration. 5. Any agent or airy member of the Architectural Committee , may from time to time at any reasonable hour or hours enter and inspect (-S., CO 1~ A C-) •1 i;zi j-jy pi'i t''v uhjt 'I to tl'o .1111. it u.n of the Artitt'turat ci.t fl , hi if .,; Ina III (it !çi' ii!' j'i' ..*;i''t i i on*pli:init, •th t!-a hrro. 'T i1 t ' .\z .' i.iural C i 'i j;t.o or ;nv ;,f911 t'i'r( of li 11 iut tu il '. I 13 "t" ' ir l .' n w Iii fir . any in;in.r r r,f ? 1' fur .t '1 tiv or I i.:. 1 h' ' riliiIi eturl ('oaim ttti m- ii- c- f.. N i":h I I in t!'i. .:!r I. .a or • ,: Iiirt i Ii i1i iti.'i, 1ISCI J1i.L ;inv r!-Iilitr?i.. .: Ii hav tir.t 1 i;.t :',I in nt l' ti' •\ r. havctur.il 1 ir.nu ttr c. 7. 'l'he Architertvrul CoviTmlive shill cnit o 1 :1 ) rn ,nht'ri viu h-111 Ie ;pp' iiiite.I liv the utiTt'r igr.c'd l)ce!ar:it Sii ch (,mmitte'r 'hall appr.iiit v 5zecrrtury whti niay be ciici of the members of Uit Con ziittt., - 8. Until such time as is hervufafter proviled, l)ocl;trztnt shall have full pcn.er to, remo e any mornbt r of said Architectural Cortrntittee and to make appointments to fill any vacaticivs in the nwmhLrrhip thercoL Any written instruments of appointment or removal duly executed by Declarant may be filed with the Cointy Rcnrder of San Diego County. and such recordation shall impart to all persons of the matters therein set forth. S. The written approval of the Architectural Committee made by the secretary of the Architectural Committee shall constitute an approval. If said Architectural Committee fails t;) approve or reject any plans andfer specifications have been submitted tu it within thirty (30) days after sub- mission to the Architectural Cmrnittee. then no approval i-hall lie neresarv. If no action rhaIl bc filed, or notice of rejection recorded, by or n behalf of said Architectural Curnmttc-c within thirty 'iO) days after notice of completion shall he recc.rcled covering the construction, altertrnn or repIa&'ment of any strut-tune, the filing of sut ii nott'c of itittiplet kin of record shill ijc conclusive evidnr.e of the zip oaI .31 such ttrurturc by the Architectural C, —4 V - :_1 2 01rl jj ft. j )..;tratit roar, at :iv tmie, at its opt ion rt I ie it Of II' 'l u' tf I-IT I*L?I,Ip jtl yra it, I ainiiig Fa id A z'c.it*r;I C 13: il, 1 ,14. Offirk of t!tc Curdy 'edr of S.oi tJt1!o. 7 ti I It. I it ,.:.tr , v,lrh'I t,( 1 the 1 iov.-ers of nppnititrncnt ntd rrtri itvn \ rrhtt: 'ttL i I ('I' ?I, I I I i1t 1' os j.r;nted by this vrt inc nrl 1i it.. I br hr ii f .tTi ytoti re, FiJ powr t-s ST..ill inillo l'P't 'wttcrs or ill an 7sttCir.t tot. of prop( nv t'v. : - for ut-ti Ity the ItrupIl ty ov.'ti(rs arirl is ill £_ tCC V. I . Neither lX-lc'rit, ItS sucnr -sor-s or :.'- ttri''.. rot - t t- !t iti v ti; rt1 (oimn 1 11,L v, nor any nenthcr tlic'rcr,i. ,1ii1 in t-Iri r f for lo-'; or drsngc. nor lie linble in any wy whatsuevt r Icr .nv emir: or tiL-li-ntr iiirh l-nz'v or may not be shown on said plans or spet-ificat ions, or tti trw 12. For the purpose of making a search l-on. or guaranteeing or inring title to, or any lien on or intret.-t in, any lot or parc-cl of said property and for the purpose of protecting purchasers and enruribrao for value and in good faith as against the performance or nonperformance of any of the nets in this Declaration authorized, permitted or to be approved by Vie Architectural Committee, the records of the Architectural Committee shall be prima fade evidence as to all matters shown by such records; and the issuance of a certificate of completion and compliance by the Architectural Committee showing that the plans and specifications for the improvements or any other matters herein provided for or authorized have been approved and that said improvements have been made in accordance therewith shall be prima facie evidence and shall fully justify and protect any title ro;npany or persons crrtifvin'. gunranttcin or in-ulrir.g said title, or any lien thereon or any interest thereto. and shall also fil1:: Li Li IRO 00 N C.0 "'I I, 15 0,141.13 prot .ct aO tirdmscr or ozwioi r:tnttr in gii.t faith and for ' at tie in acting hit reins, as to all titters Wittilti tilO tttt'idictiou f the rrhiteii oral (niniIt et-. - \llTltil- IX t( NS c:iio' vF ( ltrIt tX4 AND ISFHTCTI('S 1. Th h-i t-rt 1u.t i' ti I' .in\ turt that ZIu% of the pro- 4 1his larati.Tt or t }oi i-if. Lre unIa% hit r,r j9S auth Shall 11 (0 :if*--t the vahjchits ot the 'th,r ii,it.ns or rt ni iniri p rtjr,n hurt. ,f. !. I tax or' ihtt. hired nit to be adequdtlJ cxnpenzt- Unit fur tn\ htrcu-h of iii'- pros isin-kit This Declaration. Declarant con- tenipItthv ttit exircextient of -tt ttlhin as part of the general plan oh imprn i-mints, intl not t tnt.ie' !tir the breach oh such resirie- tions. - SRTI('r.i: X SCOPE A . IlL U.VI'TO.\ OF CONDITIONS Ri:STRJCTIONS NI) CHARGES All of the condluonii, restrictions and charges set forth in this I)eelaratir.n are imposed upon iat'I property for the direct benefit thereof and hf the owners thereof as part of the general plan of Improve- meats, development, building. ttcctipth.n awl maintenance lwreby, and said conhjijors, restrictions ifld t-hztrits shall run cith the land and continue to he In full force and effect until January 1. It'O, at which time said crindit ions. restrjc1hoe antI cbart-s shall be auttniatiuzthlv extemicci 1' ir successive perind of ten 41W \ ears unless by a xcitv of a aiajoritv .1 the owners of t-cord at lit tttinisites it is agreed to change V- I I I Li 1475 When Recorded Mail To: - X Space Below for Recorder's Use x La Costa Land Company X - Costa Del Mar Road X Carlsbad. CA 92008 111ftCf.3--!) Attn: Mr. Burton L. Kramer X I 17 WIJ x 45.00 A}IENDMENT TO - DEcLARATION AND ESTABLISHMENT OF PROTECTIVE CONDITIONS AND RESTRICTIONS - LA COSTA VALE UNIT NO. 2 This Amendment, made this 16th day of November, 1973, by LA COSTA LAND COMPANY, an Illinois corporation, herein "Declarant". WITNESEETI4; - WHEREAS, Declarant as owner, recorded that certain DECLARATION AND ESTABLISHMENT OF PROTECTIVE CONDITIONS AND RESTRICTIONS, in the Office of the County Recorder of San Diego County. California on November 2, 1973, as File/Page No. 73-307983, herein the "Declaration", which affects the following Jescribed real property: Lots- 251 through-295, inclusive of Carlsbad Tract No. 72-:20 Unit No. 2.-according to Map No: 7779, filed in the Office of the County Recorder of San Diego County, California, October 26, 1973. - WHEREAS, Declarant is the owner of Lots 251 through 271, inclusive and Lots 273 through 295, inclusive of said La Costa Vale Unit No. 2, herein the "R-2 Lots"; WHEREAS, Declarant desires to amend said CC&Rs as they anply to said R-2 Lots; -1- r%) --N) -a 1496 NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: Declarant hereby declares that said R-2 Lts are held, and shall be held, rind transferred, hypothecated, sold, conveyed and encumbered, leased, rented, used, occupied and improved, subject to the CC&Rs and the following provisions, all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of said land described in said "CC&Rs". All of the provisions hereof shall run with the land and shall be binding upon all parties having or acquired any right, title or interest in said "R-2 Lots" or any part thereof. A. Article III, Paragraph 12 of said CC&R's to the zrmrrary notwithstanding, the Architectural Committee may, in consideration of the topography or configuration of any such Lot or to provide adequate open space or landscaping, require such offstreet parking to be placed below the grade of any such Lots. That portion of such parking which shall be placed below grade shall not be included in the height of the building. 3. Article IV, Paragraph I of said CC&R's to the contrary notwithstanding, no building or structure maybe erected or maintained on any of the following described "R-2 Lots", which shall exceedtwenty-iix (26) feet in height. Lot 256, Lots 258 through 266.-inclusive.-and Lots 280 and 281. C. Article XII of said CC&R's, is amended to read as follows: "REIMBURSEMENT: Declarant has paid or caused to to be paid and/or provided for the dedication of property, to provide for park and recreational facilities, to service the subject property as well as additional property owned by Declarant. To provide for reimbursement of said fees and -2- r.) -- - - --- . "-"n 1 1477 IT for the value of the properties dedicated and agreed to be dedicated by Declarant, and as a condition of final approval of plans as provided in Article VIlt, the applicant shall pay to Declarant or its successor or assigns, the sum of $150.00 for each dwelling unit constructed on each lot, payable upon approval of the building plans by the Architectural Committee." IN WITNESS WHEREOF. LA COSTA LAND COMPANY, a corporation, has caused its ccrporate name to be hereunto subscribed by its officers thereunto duly authorized and its corporate seal affixed as of the day and year first above written. LA COSTA LAND COMPANY an Illinois corporation Burton L. Kramer-.:': e Prei'nt By Elaine Thomas, STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO Onovenber 16 1973. before me, the undersigned, a Notary Public in and for said State, personally appeared Burton L. Kramer • known to me to be the Vice President, and Elaine Thas • known to me to be the Assistant Secretary of the corporation that executed the within instri.nent, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. OfVC1M. SEAL SCNDRA K. MUTER NOI* P.11g. C _ •A •I'Cl 'N M1 EFfflMTV:i-" U UU C.).N1y £ "n Dxtrlw I. 1976 , Notary Public in and for said County and State -3- '-4 (,J I') - -a - I I I I; • - -- rml When Recorded, Mail to: X - x La Costa Land Company X Costa Del Mar Road X Carlsbad, California 97008 X Attn: Mr. Burton L. Kramer X x x x - x x x x x x x x x SECOND AWND€NT TO DECLARATION AND ESTABLISHMENT OF PROTECTIVE CONDITIONS AND RESTRICTIONS LA COSTA VALE UNIT NO. 2 This Amendment, made this 12th day of December, 1973, by LA COSTA LAND COMPANY, an Illinois corporation, herein "Declarant". WIThESSETH; - WHEPEAS, Declarant as owner, recorded that certain DECLARATION AND ESTABLISHMENT OF PROTECTIVE CONDITIONS AND RESTRICTIONS, in the Office of the County Recorder of San Diego County, California on November 2, 1973, as File/Page No. 73-307983, herein the "Declaration", which affects the following describec real. property: Lots 251 through 295, inclusive of Carlsbad Tract No. 72-20 Unit No. 2, according to Map No. 7779 2 filed in the Office of the County Recorder of San Diego County, California, October 26, 1973. WHEREAS, Declarant is the owner of Lots 251 through 271, inclusive and Lots 273 through 295, inclusive of said La Costa Vale Unit No. 2. Space Below for Recorder's Use - flL! 3-3499'O BCI 1!T3 RECORD' REQUEST OF rrni ft1U&W AND TRUST COMPANY DEC 11 oo4'(i - - $5.00 (A) '1 i3? I WHEREAS, Declarant Declarant desires to amend said CC&R's as they apply to lot 295; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: Declarant hereby declares that said lot is held, and shall be held, and transferred, hypothecated, sold, conveyed and encumbered leased, rented, used, occupied and improved, subject to the CC&R's and the following provision, all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of said land described in said "CC&R's11 . All of the provisions hereof shall run with the land and shall be binding upon all parties having or * * acquired any right, title or interest in said lot 295 or any part thereof. A. Particle III, Paragraph 3 of said CC&R's is amended - - to read as follows; "Except for Lots 271, 272,-- 273 and 290, said property shall be used for residential purposes only, and no building shall be erected, constructed, altered or maintained on said lots or any part thereof, other than a dwelling for a single family (including guests and household servants) with customary and suitable outbuildings as permitted by law and the Architectural Committee, except as to "R-2 Lots", multiple single family dwelling units with customary and suitable outbuildings as per- mitted by law and the Architectural Committee may be allowed, provided, that no such R-2 Lot shall be occupied by more than the number of dwelling units set forth opposite each such lot in the Schedule attached hereto, marked Exhibit A, and Incorporated herein., except as to Lot 295 wher. thirty-eight (38) dwelling units may be erected." -2- t ( 4 CC I I I!. I . I1 I STATE OF CALIFONTh_ ) - ) ss. COUNTY OF SAN DIEGO ) On December 18 , 1973, before me, the undersigned, a.Notnry Public in and for said State, personally appeared Burton L. Kramer , known to me to be the Vice President and Elaine Thomas , known to me to be the Assistant Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. OMML SEAL Ee MILDRED I. P4CTA SAN DCGO CCUNTY Notary Public in and for said - R PUaJC-C ,ucopw,* ___________________________________________ County and State. MI sitk leech. Esc.sdu. Cs. I2S I (4) . - C.O CD 1-3 191 IN WITNESS WHEREOF, LA COSTA LAND COMPANY, a corporation, has caused its corporate name to be hereunto subscribed by its officers thereunto duly authorized and its corporate seal affixed as of the day and year first above written. LA COSTA LAND COMPANY an Illinois corporation Vice President i By é22_. Assistant, Secretary I : Ii I I II EC0RDING REQUESTEO BY ANN WHEN MIlk V. (a Costa pacific Deve1o11neI N.. roinpany, #2 a 9949 Cwmnins Place San Diego, California 92145 L 74-126131 I ' Mca111a11 OIØ Ii MP15BOO_N&'14 'Iv — SPACE AOV* Tht$ UNE rcm N(COBDEW$ USE s 060~t"T Tre,sf., Tag a 265. 10KAIKIT Ii. OLOOM iceu Can,et.d cø full value ex prcçevxy CCIIY.y.d. / - or cueat.e on f*U Value lasi Urn and en- ne sq.% xsx.tnisq tax PiE. IIS '- I Corporation Grant Deed Q3 25-5? THIe FOaM FUNMISMCD NY YuLE INS SInCE AND EPUSY COMPANY MIII ISA lItNIlIttlI IS Same as above ON It (2 C 40$ CEfl7E$t 1 I FOR A IALUABLE CONSIDERATION. receipt of which is hereby acknonlrdg-d. LA COSTA LAND COMPANY xporadon organized wider the ddIeot -Illinois hereby GRANTS to L. COSTA P.CIFIC DEVELOPMENT CO. 2, A California partnership the following docrlbed real propcty in the City of Ccrlsboi, Cony of San Diego I Stated California - Lot 261 of Carlsbad Tract No. 72-20, Unit No. 2, in the County of San Diego, State of California, according to Mop thereof No. 7779, filed in the Office of the County Recorder of San Diego County, October 26, 1973. SUBJECT to those certain Declaration of Restrictions reco.Jed November 2, 1973, as File/Page No. 73-307983 in the Office of the County Recorder of Son Diego County, California, and any amendments thereof of record. In \Vitness Whret'f. said corporation has rauseJ its corporate name and seid to be af'ied hereto and this lnMru. Vice Pidcot an.. Assistant threui.iu duly euihrizml. Dated: May 13, 1974 ICOSTA LAND COAN( -T tTE OF C LIFORI. . ,San Diego c 17 -, ce Pint (ta jMay 13 1974 Ivlere or. Ow under- By 'iii PO4k in art! Ire '454 4aN ItVIAI!V apHSAEd Assistant Secretary _jyrton L. Kramer U. or :nbs 'J1e._Pm54,.l. mad ___.r.1&ine_Jb om .&.___. kHOYIt tnt__'Yr(HIIHN ud Ia C.p.taiioa thai enereit! the I, be ha,14Ow ..ik. •&a..nni. Air to the perst" U - 1 74/ .j . '- ti.. I.. y,uornt as talall Hi the C.ep.,au. Owytu. named, .d that uarh C..rporaoa. .-icaied the ..abm 1aru - rerNi I1-N.aHi hi lie I, aa. or a wiHiai..m .1 its I-ard I deri - .n hunt! ant! .JIrtn -ital. '- - thtne Munford I4U iTyped srPriat-d TJ!i! O:r!rr No. - .rro.r ny Loan No Y.It TAY STA s.tPNYS ASxE1F AS(V€ I,.:\ COSTA LAN!) COMPANY an Illinois c)1'poratlon By - '- sT,vrr: OF C:\i,1FORNL COUNTY OF .SAN DIEGO K, I It I ii 1524 :\HTICI,E XIV \\l END1KNT This 1)•cT arotiun tPr ar,v part thereof may he omi•riilcd or SUppt e:-ii turd by an instrument in writinl2 subscribed by rr,t 1 s than sixtv-sb and I\c-lhirds p':rc'rnl (3 2,'3r) 'if the nwni'rs 'if th property and lilt—,I i or rteird in uhf' ': fict' 'if Iu' ' ''iunty Recorder n:' San I tI'iio ("11.11t 1 I IN vrrxi:s vII1:1{I:cw. t,_ uosr, 'Cu\IRV\ a i' rparat inn, lia., caused it c'irp')rate name to be lieri'ututr nuh srrihrit b, its 'ii urr tht-reuntt, del v authori 7r'i tn'l its carporair seai atfixccl as f the da and year tirst above writ'en. - - On November 2 , 193. before me, the undersigned,- a Notary Public in and for said State, personally appeared Allard floen • known to me to be the Vice President and J. A. Uonnefley • known to me to be the Secretrv of the corporation that e::ecuted the within instrument, known to mtiT1, the persons who executert the within instrument an behalf of the corporation therein named, and .zcknow- 'edged to me that such cornoration executed the within instrutnent pursuant to Its hy!aws or a resolution of its Hoard of Directors. - WITNESS my hand and official seat. ; \r,farv Public in and for aid County and State - - -'RT-1\ I 1'01 TE C' —'3 ¶ LO I--i I i I I: I I I I; I SCHEDULE OF \1:\NIMU\I I)ENSITV PER LOT FOR \ COSTA VALE UNIT NO. 2 Carlsbad Tract No. 7220 Unit No. 2 Max. Density I