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HomeMy WebLinkAboutMP 177S; AVIARA LOT 308; Master Plan (MP)O Condominium Permit Special Use Permit O Redevelopment Permit O Tentative Parcel Map Q Administrative Variance x1tal Impact Assessment Q Variance Q Planned Industrial Permit Q Coastal Development Permit 0. Planning Commission Determination O List any other applications not speciflced CITY OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) AVIARA LOT 308 (FOR DEPT (FOR DEPT USE ONLY) V 0 g 0) USE ONLY) fl Master Plan Amendment General Plan Amendment O Specific Plan )J Local Coastal Plan Amendment q. i O Precise Development Plan Site Development Plan 1 rl Tentative Tract Map• I I 0 zone Change Planned Development Permit I I 0 Conditional Use Permit I 0 Non-Residential Planned Development j I 0 Hillside Development Permit I - 2) LOCATION OF PROJECT. ON THE West SIDE OF I Black Rail .Ct (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN Aviara Dr., I AND I Avi.ir Pirwy I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: Lot 308 of CT 85-35. Unit B. I -I 4) ASSESSOR PARCEL NO(S). I 215-612-24 5) LOCAL FACILITIES 19 J 6) EXISTING GENERAL PLAN OS I 7) PROPOSED GENERAL PLAN IR M 1 MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING rr 9) PROPOSED ZONING 10) GROSS SITE I I N/A ACREAGE 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION RESIDENTIAL UNITS 1 OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 141 NUMBER OF EXISTING RESIDENTIAL UNITS p I 15) PROPOSED INDUSTRIAL I N/A f 16) PROPOSED COMMERCIAL I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE N/A NOTE A 3OPJ4pRCP . REQIflBING ThAT OM APc11c&T1oN pn) Pac4OQpJ * FRM00016 8/90 n'Pk- ,1 ck 1r 17OO' - now 6f J I TOTAL FEE REQUIRED DEC 17 1996 crrv n DATE ÔD • CflYQkRLSBAD • LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 1 I 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I n I 20) PROJECT NAME: I Aviara Tnt flg I 21) BRIEF DESCRIPTION OF PROJECT: Plan Amendment and LCP designation over Lot 3 22) IN THE P G THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING REVIEW BOARD MEMBERS, OR MY COUNCIL MEMBERS TO INSPECT AND ENTER THE D.L. Clemens CATION I/WE CONSENT TO ENTRY FOR THIS PURPOSE 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TtPE) Aviara Land Assoc., Ltd. Ptnrshy. Aariara Land Accnr , LtcL Ptnrhp. MAILING ADDRESS MAILING ADDRESS 2011 Palomar Airport Rd. #206 2011 Palomar Airport Rd. #206 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 (619)931-1190 Carlsbad. CA 92009 (61Q)01_i1Qn I CER14T I AM THE LEGAL OWNER I CERTIIY THAT I AM THE IGAL OWNER'S REPR4TATIVEA14D AND AT ALL THE ABOVE INBORMATION THAT ALL THE ABOVE DPO*MATION IS TRUE AND ODRRWrtO TIC SUE AND RECF -TO THE BEST OF I BEST 1QICWLWGE. r WLWGL DATE/ sicN DATE / D.L. C.1emin' VP Mt -- n T ri..._... ir FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TiPE FEE REQUIRED I DATE FEE PAID RECEIPT NO. S t ity of Pad DISCLOSURE STATEMENT uctrs STATEMENT OF OISCLCSURE CF CERTAIN OWNERS-BP INTERESTS CM ALL APPUCATIOMS WHCH Wit ._j ACTiON ON THE PART OF THE Cr; COUNCIL OR ANY APPOINTBO EOAO. COMMISSION OR CoiMrrTEE. (Please Print) The following information must be disclosed: Applicant List the names and addresses of all persons having a financial interest in the application. Aviara Land. Associates Limited Partnership 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 1 - 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Assoc'iates Limited Partnership 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 a If any prson idenifle pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporapon or owning any partnership interest in the partnership. N/A 4. If any person identhled pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and, addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N/A FRM00013 8/90 2075 Las Palmas Drive • Carlsbad. California 92009-4859 (619) 438-1161 C,L e (Over), Disclosure Statement - Page z 5. Have you had more than $250 worth of business transacted with any member of City staff, Soars Cornmissians9teeS and Council'within the past twelve months? yes_ No - If yes, please indicate person(s) erorI s defined as: 'Anyindividual. firm, cocasr.rhsp. joint venture, association. 3GCi* oh., trat.mal organization. oorpotaticfl, estate. trust. .r, syndicate, this and any 000( ocunry, cxry and county. city municipality, district or i.f pcirticaj subdivision, or any Wrier growo or combinatIon acting 13 1 uflrt' Owner: Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: Aviara Land,ompany, a Delaware Applicant: Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: Aviara Lan mpany, a Delaware -eepoiatio General Partner Un By: L CJe4nensJVice President D. M. MedansIy/Asst. Date: By: ,AC-'M Scott M. Medansky/Asst. Secrety Date: ,C4/71 City of' Cans. EIT.J DISCLOSURE STATEMENT APPLICANT'S STATEMENT OFDISCLO SURE OR CERTAIN OWNERSHIP INTERESTS ON ALLAPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE riease .rrint) The following information must be disclosed: Applicant List the names and addresses of all persons having a financial interest in the application. BROOKFIELD CARLSBAD INC. 12865 Pointe Del Mar, Ste. 200 Del Mar, CA 92014 Owner List the names and addressees of all person having any ownership interest in the property involved. BROOKFIELD CARSLBAD INC. -: 12865 Pointe Del Mar, Ste. 200 Del Mar, CA, 92014 = If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list, the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. DISCLOS.FRM 2/96 PAGE 1 of 2 1. 2. 3. 4. 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 Disclosure Statement (Over) Page 2 5. Have you had more than $250.00 worth of business transacted with any member of City staff. Boards, Commissions, Committees and Council within the past twelve months? Yes No X If yes, please indicate person(s) Person is defined as "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) BROOKFIELD CARLSBAD INC. BROOKFIELD CARLSBAD INC. l3 Signature of Owr/date Signature of applicant/date E. Dale Gleed — Vice President Elizabeth Zepeda — Secretary Print or type name of owner Print or type name of applicant DISCLOS.FRM 2/96 PAGE 1 of 2 Ab PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: AVI.ARA LOT 308 APPLICANT NAME: AVIARA LAND ASSOCIATES, LTD. PARTNERSHIP Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. The proposed project involves a request by Aviara Land Associates to perform the following amendments to land use documents relative to Aviara Lot 308: 1. Amendment to the Land Use Element (Map) of the General Plan to revise the allowable land use over Lot 308 from Open Space (OS) to Residential Low-Medium (RLM). It is the intent that this land use designation would allow a single-family home to be constructed on Lot 308. 2. Amendment to the Aviara Master Plan to modify pages 121 and 122 as follows: Page 121: Eliminate the phrase "Development shall only be allowed along the ridgetop of this planning area." Page 122: Graphically illustrate the location Of Lot 308. 3. Amendment to the Implementing Ordinances of the Mello I Local Coastal Program (Aviara Master Plan) in accordance with #2 above. The intent of the modifications above is to provide additional consistency between the policy documents and the action taken by the City in approving the final map for CT 85-35, in which Lot 308 was not identified as an open space lot. ProjOc.frm R.v. 4191 u BACKGROUND DATA SHEET CASE NO: MP 177(S)/GPA 96-06/LCPA 96-13 CASE NAME: AVIARA LOT 308/AZURE COVE ANNEXATION APPLICANT: AVIARA LAND ASSOCIATES REQUEST AND LOCATION: Request for a Master Plan Amendment, General Plan Amendment and Local Coastal Program Amendment to clarify open space boundaries and development standards for an isolated single family residential lot in Aviara Planning Area 13 and annexation of the Azure Cove development into the Aviara Master Plan as a new planning area. LEGAL DESCRIPTION: Lot 308 of Carlsbad Tract 85-35, Unit E, according to Map No. 12413, filed June 29, 1989 in the Office of the County Recorder, County of San Diego, tot 36 of Carlsbad Tract 90-37, according to Map No. 13188, filed in the Office of the County Recorder, County of San Diego and All of Carlsbad Tract No 89-19, according to Map No. 12902, filed December 11, 1991 in the Office of the County Recorder, County of San Diego. State of California APN: various Acres: 55.0 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: RLM/RMIOS Density Allowed: 0.0-3.2 du/ac Density Proposed: N/A Existing Zone: P-C/R-1-O Proposed Zone: N/A Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site P-C/R-1-Q Vacant & Single family North P-C Open space South 0-S Open space - East P-C Residential West P-C I-S freeway PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A Public Facilities Fee Agreement, dated: N/A ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued___________________________________________________ Certified Environmental Impact Report, dated__________________________________ Other, Notice of Prior Environmental Compliance 6 6 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: MP 177(S)/GPA 96-06/LCPA 96-13 DATE: APRIL 2 1997 BACKGROUND 1. CASE NAME: AVIARA LOT 308/AZURE COVE ANNEXATION 2. APPLICANT: AVTARA LAND ASSOCIATES 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 PALOMAR AIRPORT RD, SUITE 206, CARLSBAD CA 92008 (760) 931-1190 4. DATE ETA FORM PART I SUBMITTED: DECEMBER 11, 1996 PROJECT DESCRIPTION: Clarification of open space boundaries and development standards for an isolated residential lot in Aviara Planning Area 13 and the annexation of the Azure Cove development into the Aviara Master Plan as a new planning area. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Land Use and Planning R Transportation/Circulation Public Services fl Population and Housing Biological Resources Utilities & Service Systems F-] Geological Problems Energy & Mineral Resources Aesthetics E Water Hazards D Cultural Resources [] Air Quality Noise Recreation Mandatory Findings of Significance Rev. 03/28/96 . 6 DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in earlier EIRs and pursuant to applicable standards and (b) have been voided or mitigated pursuant to those earlier EIRs including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Signature Date Planning Director's Signature Date 2 Rev. 03/28/96 . O ENVIRONMENTAL IMPACTS 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 (EIR), 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 Impact" 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 all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR 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 EIR. 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. 3 Rev. 03/28/96 I . If there are one or more potentially significant effects, the City may avoid preparing an EIR 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 EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR 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 EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the ETA-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 form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 I I Issues (and Supporting Information Sources). Potentially Potentially Less Than No 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? El El El [21731 (Source #(s): (41, pgs 5-71 - 5-85; #2, pgs 4-1 - 4-26; #3, pgs 5.6-1 - 5.6-18) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#1, pgs 5-71 - 5-85; #2, pgs 4-1 - 4-26; #3, pgs 5.6-1 - 5.6-18) c) Be incompatible with existing land use in the vicinity? El M (41, pgs 5-71 - 5-85; #2, pgs 4-1 - 4-26; #3, pgs 5.6-1 - 5.6-18) d) Affect agricultural resources or operations (e.g. impacts El 0 El N to soils or farmlands, or impacts from incompatible land uses? (#1, pgs 5-71 - 5-85; #2, pgs 4-1 - 4-26; #3, pgs 5.6-1 - 5.6-18) e) Disrupt or divide the physical arrangement of an El N established community (including a low-income or minority community)? (#1, pgs 5-71 - 5-85; #2, pgs 4-1 - 4-26; #3, pgs 5.6-1 - 5.6-18) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local E population projections? (#1, pgs 5-71 - 5-85; #2, pgs 4- 1 - 4-26; #3, pgs 5.5-1 - 5.5-6) b) Induce substantial growth in an area either directly or 0 El El E indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#1, pgs 5-71 - 5- 85; #2, pgs 4-1 - 4-26; #3, pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable housing? (#1, pgs 5-71 - 5-85; #2, pgs 4-1 - 4-26; #3, pgs 5.5-1 - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#1, pgs 5-3 - 5-13; #2, pgs 4-150 - 4- 0 E E 156; 43, pgs 5.1-1 - 5.1-15) b) Seismic ground shaking? (#1, pgs 5-3 - 5-13; #2, pgs 4- F El 150-4-156; 43, pgs 5.1-1 - 5.1-15) c) Seismic ground failure, including liquefaction? (#1, pgs [II 5-3 - 5-13; #2, pgs 4-150 - 4-156 ; #3, pgs 5.1-1 - 5.1- 15) d) Seiche, tsunami, or volcanic hazard? (#1, pgs 5-3 - - L] 13; #2, pgs 4-150 - 4-156; #3, pgs 5.1-1 - 5.1-15) e) Landslides or mudflows? (#1, pgs 5-3 - 5-13; #2, pgs El M 4-150 - 4-156; #3, pgs 5.1-1 - 5.1-15) f) Erosion, changes in topography or unstable soil El El E conditions from excavation, grading, or fill? (#1, pgs 5- 3 - 5-13; #2, pgs 4-150 - 4-156; #3, pgs 5.1-1 - 5.1-15) g) Subsidence of the land? (#1, pgs 5-3 - 5-13; #2, pgs 4- 150 - 4-156; #3, pgs 5.1-1 - 5.1-15) 5 Rev. 03/28/96 . . Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated h) Expansive soils? (#1, pgs 5-3 - 5-13; #2, pgs 4-150 - LnJ 4-156; #3, pgs 5.1-1 - 5.1-15) i) Unique geologic or physical features? (#1, pgs 5-3 - 5- 13; #2, pgs 4-150 - 4-156; #3, pgs 5.1-1 - 5.1-15) IV. WATER. Would the proposal result in a) Changes in absorption rates, drainage patterns, or the El N rate and amount of surface runoff? (#1, pgs 5-19 - 5- 27;#2,pgs4-110-4-118;#3,pgs5.2-1 -5.2-11) b) Exposure of people or property to water related hazards F-1 El Li such as flooding? (#1, pgs 5-19 - 5-27; #2, pgs 4-110 - 4-118; #3, pgs 5.2-1 - 5.2-11) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#1, pgs 5-19 - 5-27; #2, pgs 4- 110-4-118; #3, pgs 5.2-1 - 5.2-11) d) Changes in the amount of surface water in any water Li Li El M body? (0, pgs 5-19 - 5-27; #2, pgs 4-110 - 4-118; #3, pgs 5.2-1 - 5.2-11) e) Changes in currents, or the course or direction of water Li Li Li movements? (#1, pgs 5-19 - 5-27; #2, pgs 4-110 - 4- 118; #3, pgs 5.2-1 - 5.2-11) f) Changes in the quantity of ground waters, either Li Li Li through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#1, pgs 5-19 - 5-27; #2, pgs 4-110 - 4-118; #3, pgs 5.2-1 - 5.2-11) g) Altered direction or rate of flow of groundwater? (#l, Li Li Li pgs 5-19 - 5-27; #2, pgs 4-110 - 4-118; #3, pgs 5.2-1 - 5.2-11) h) Impacts to groundwater quality? (#1, pgs 5-19 - 5-27; Li Li LI #2,pgs4-110-4-118;#3,pgs5.2-1 -5.2-11) i) Substantial reduction in the amount of groundwater Li Li Li otherwise available for public water supplies? (#1, pgs 5-19 - 5-27; #2, pgs 4-110 - 4-118; #3, pgs 5.2-1 -5.2- 11) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an Li Li Li existing or projected air quality violation? (#1, pgs 5- 14 - 5-18; #2, pgs 4-84 - 4-93; #3, pgs 5.3-1 - 5.3-12) b) Expose sensitive receptors to pollutants? (#1, pgs 5-14 Li Li Li - 5-18; #2, pgs 4-110 - 4-118; #3, pgs 5.3-1 - 5.3-12) c) Alter air movement, moisture, or temperature, or cause Li Li Li any change in climate? (#1, pgs 5-14 - 5-18; #2, pgs 4- 110 - 4-118; #3, pgs 5.3-1 - 5.3-12) d) Create objectionable odors? (#1, pgs 5-14 - 5-18; 92, Li Li Li pgs 4-110 - 4-118; #3, pgs 5.3-1 - 5.3-12) 6 Rev. 03/28/96 . Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#1, pgs 5-86 - 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-1 - 5.7- 22) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#1, pgs 5-86 - 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-1 - 5.7-22) c) Inadequate emergency access or access to nearby uses? El Z (#1, pgs 5-86 - 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7- 1 -5.7-22) d) Insufficient parking capacity on-site or off-site? (#1, E pgs 5-86 - 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-1 - 5.7-22) e) Hazards or barriers for pedestrians or bicyclists? (#1, [j] pgs 5-86 - 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-1 - 5.7-22) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#1, pgs 5-86 - 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-1 - 5.7-22) g) Rail, waterborne or air traffic impacts? (#1, pgs 5-86 - E 5-107; #2, pgs 4-63 - 4-80; #3, pgs 5.7-1 - 5.7-22) 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? (#1, pgs 5-28 - 5-60; 92, pgs 4-119 - 4-149; #3, 5.4-1 - 5.4-24) b) Locally designated species (e.g. heritage trees)? (#1, pgs 5-28 - 5-60; #2, pgs 4-119 - 4-149; #3, 5.4-1 - 5.4- 24) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#1, pgs 5-28 - 5-60; #2, pgs 4-119 - 4-149; #3, 5.4-1 - 5.4-24) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#1, pgs 5-28 - 5-60; #2, pgs 4-119 - 4-149; #3, 5.4-1 - 5.4-24) e) Wildlife dispersal or migration corridors? (#1, pgs 5-28 LI - 5-60; #2, pgs 4-119 - 4-149; #3, 5.4-1 - 5.4-24) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (#1, pgs 5-114 - 5-199; #2, pgs 4-94 - 4-109; #3, pgs 5.12.1-1 - 5.12.1-5) b) Use non-renewable resources in a wasteful and inefficient manner? (#1, pgs 5-114 - 5-199; #2, pgs 4- 94-4-109; #3, pgs 5.12.1-1 - 5.12.1-5) 7 Rev. 03/28/96 . Issues (and Supporting Information Sources). 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? (#1, pgs 5-114 - 5-199; #2, pgs 4-94 - 4-109; #3, pgs 5.12.1-1 - 5.12.1-5) . Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated E 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)? (#1, pg. 5-132; #2, pgs 4-94 - 4-109; #3, pgs 5.10.1-1 - 5.10.1-3) b) Possible interference with an emergency response plan or emergency evacuation plan? (#1, pgs 5-108 - 5-113; #2, pgs 4-94 - 4-109; #3, pgs 5.10.1-1 - 5.10.1-3) c) The creation of any health hazard or potential health hazards? (#1, pg. 5-132 #2, pgs 4-94 - 4-109; #3, pgs 5.10.1-1 - 5.10.1-3) d) Exposure of people to existing sources of potential health hazards? (#1, pg. 5-132 #2, pgs 4-94 - 4-109; #3, pgs 5.10.1-1 - 5.10.1-3) e) Increase fire hazard in areas with flammable brush, grass, or trees? (#1, pgs 5-28 - 5-60 #2, pgs 4-94 - 4- 109; #3, pgs 5.10.1-1 - 5.10.1-3) z El Z El E X. NOISE. Would the proposal result in a) Increases in existing noise levels? (#1, pgs 5-61 - 5-70; #2, pgs 4-81 - 4-84; #3, pgs 5.9-1 - 5.9-15) b) Exposure of people to severe noise levels? (#1, pgs 5- D 61 - 5-70; #2, pgs 4-81 - 4-84; #3, pgs 5.9-1 - 5.9-15) XI. 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? (#1, pgs 5-108 - 5-113; #2, pgs 4-94 - 4-109; #3, pgs 5.12.5-1 - 5.12.5-6) b) Police protection? (#1, pgs 5-108 - 5-113; #2, pgs 4-94 - 4-109; #3, pgs 5.12.5-1 - 5.12.5-6) c) Schools? (91, pgs 5-108 - 5-113; #2, pgs 4-94 - 4-109; #3, pgs 5.12.7-1 - 5.12.7-5) d) Maintenance of public facilities, including roads? (#1, pgs 5-108 - 5-113; #2, pgs 4-94 - 4-109; #3, pgs 5.12.1-1 - 5.12.8-7) e) Other governmental services? (#1, pgs 5-108 - 5-113; #2, pgs 4-94 - 4-109; #3, pgs 5.12.1-1 - 5.12.8-7) 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? (#1, pgs 5-114 - 5-119; #2, pgs 4-94 - 4-109; 93, 5.12.1-1 - 5.12.1-5) b) Communications systems? (#1, pgs 5-114 - 5-119; #2, pgs 4-94 - 4-109; #3, pgs 5.12.2-1 - 5.12.8-7) E 11 El Z E 11 LL N. LI LI LI LI LI LI LI LI LI 8 Rev. 03/28/96 S I Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated c) Local or regional water treatment or distribution [II El El facilities? (#1, pgs 5-114 - 5-119; #2, pgs 4-94 - 4-109; #3, pgs 5.12.2-1 - 5.12.3-7) d) Sewer or septic tanks? (#1, pgs 5-114 - 5-119; #2, pgs El El El 4-94 - 4-109; #3, pgs 5.12.2-1 - 5.12.3-7) e) Storm water drainage? (#1, pgs 5-114 - 5-119; #2, pgs El El El 4-94 - 4-109; #3, pgs 5.12.2-1 - 5.12.3-7) f) Solid waste disposal? (#1,pgs5-114-5-119;#2,pgs4- El El El 94 - 4-109; #3, pgs 5.12.4-1 - 5.12.4-3) g) Local or regional water supplies? (#1, pgs 5-114 - El El El 119; #2, pgs 4-94 - 4-109; #3, pgs 5.12.2-1 - 5.12.3-7) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#1, pgs - El El El 120 - 5-129; #2, pgs 4-35 - 4-62; #3, pgs 5.11-1 - 5.11- 5) b) Have a demonstrate negative aesthetic effect? (#1, pgs El El- El 5-120 - 5-129; #2, pgs 4-35 - 4-62; #3, pgs 5.11-1 - 5.11-5) c) Create light or glare? (#1, pgs 5-120 - 5-129; 42, pgs El El El 35 - 4-62; #3, pgs 5.10.3-1 - 5.10.3-2) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#1, pgs 5-130 - 5- El El El 131; #2, pgs 4-157 - 4-167; #3, pgs 5.8-1 - 5.8-10) b) Disturb archaeological resources? (#1, pgs 5-130 - - El El El 131; #2, pgs 4-157 - 4-167; #3, pgs 5.8-1 - 5.8-10) c) Affect historical resources? (#1, pgs 5-130 - 5-131; 42, El El El pgs 4-157 - 4-167; #3, pgs 5.8-1 - 5.8-10) d) Have the potential to cause a physical change which El El El would affect unique ethnic cultural values? (#1, pgs 5- 130 - 5-13 1; #2, pgs 4-157 - 4-167; 93, pgs 5.8-1 - 5.8- 10) e) Restrict existing religious or sacred uses within the El El El potential impact area? (#1, pgs 5-130 - 5-131; #2, pgs 4-157 - 4-167; #3, pgs 5.8-1 -5.8-10) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional El El El parks or other recreational facilities? (#1, pg. 5-132; #2, pgs 4-157 - 4-167; #3, pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#1, pg. 5- El El El 132; #2, pgs 4-157 - 4-167; #3, pgs 5.12.8-1 - 5.12.8-7) 9 Rev. 03/28/96 S Issues (and Supporting Information Sources). Potentially Potentially Less Than No 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 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 El El N 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 El N cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Earlier analysis has been conducted on three occasions. First was the Environmental Impact Report for Brocatto at Batiquitos Shores (EIR 89-01 for CT 89-19), certified on December 11, 1990. This document analyzed all of the potential impacts for the development and occupation of the 78 unit single family development formerly known as Brocatto (now known as Azure Cove). Second was the Environmental Impact Report for the Pacific Rim Country Club and Resort (EIR 83-02(A) for CT 85-35/MP 177), certified on December 8, 1987. This document analyzed all of the potential impacts for the development and occupation of the over 2,000 unit residential master plan (now known as Aviara) with its associated 18 hole golf course, 550 room hotel, sports club and neighborhood commercial site. Third was the Master Environmental Impact Report for the 1994 General Plan Update (MEIR 93-0 1), which reviewed the potential impacts of buildout of the City's General Plan, including transportation and air quality impacts. Without exception, the proposed actions have no additional impacts not previously analyzed in the earlier environmental review and no additional review or mitigation measures are necessary. 10 Rev. 03/28/96 S 0 DISCUSSION OF ENVIRONMENTAL EVALUATION The first component of this proposal involves a clarification of open space boundaries and development standards for an isolated, 1.2 acre lot in Planning Area 13. The lot was identified for development in the original master plan and has been kept clear of vegetation, however the exact development standards were not addressed. During the processing of the General Plan Update in 1994, the site was erroneously designated with as open space. The first component of this proposal reinstates the ability for the lot to develop in accordance with the original intent of the master plan (MP 177). In addition, an area totaling 14.4 acres that was previously designated for low to medium density residential development, that contains both natural and revegetated native habitat, is being designated as open space. The second component deals with the annexation of an adjacent, 78 unit single family development into the Aviara Master Plan (MP 177) as a new planning area. All existing development standards, open space requirements and design criteria contained in the original development, and reviewed by the EIR for Brocatto (EIR 89-01) remain the same with this annexation. 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 conditions 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. 11 Rev. 03/28/96 fl 0 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 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 EIR. These include 1) 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 EIR 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. 12 Rev. 03/28/96 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO. "vP' (77c56 DATE: 12/11/96 BACKGROUND 1. CASE NAME: Aviara Lot 308 2. APPLICANT: Aviara Land Associates, Limited Partnership 3. ADDRESS AND PHONE NUMBER OF APPLICANT: (619) 931-1190 2011 Palomar Airport Rd. Suite 206, Carlsbad, CA 92009 4. DATE EIA.FORM PART I SUBMITTED: 5. PROJECT DESCRIPTION: GPA, MPA, LCPA to redesignate the land use over Aviara Lot 308 from Open Space to Residential Low-Medium. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, invol'iing at least one impact that is a "Potentially Significant Impact", or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. - Land Use and Planning - Transportation/Circulation - Public Services - Population and Housing - Biological Resources Utilities and Service Systems - Geological Problems - Energy and Mineral Resources - Aesthetics Water Hazards - Cultural Resources - Air Quality Noise - Recreation - Mandatory Findings of Significance 1 Rev. 3/28/95 g. ENVIRONMENTAL IMPACTS 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 (EIR), 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 Impact" 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 "ETA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or - mitigated pursuant to that earlier BIR 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 EIR. - 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. 3/28/95 . I • If there are one or more potentially significant effects, the City may avoid preparing an EIR 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 EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the inpact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (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 form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 3 Rev. 3/28/95 Issues (and Supporting Information Sources): I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (Source #(s): ) Amendment to the General Plan is required. Gen Plan-1994 b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ()Master Plan and LCP Amendinentsrrequired-Aviara M.P. (1996), Mello c) ae7nncokpWigle Vitli 2ingi9cse in the vicinity? 0 Pacific Rim EIR (1985) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact X X No Impact —L -. d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? 0 Carlsbad Final - Master EIR (93-01) e) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? 0 Carlsbad - Final Master EIR (93-01) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? 0 Zone 19 Local - Facilities Management Plan (1996) • b) Induce substantial growth in an area either , directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? 0 Carlsbad Final Master - EIR (93-01) c) Displace existing housing, especially affordable housing? 0 Carlsbad Final Master EIR (93-01) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? () Carlsbad Final Master - EIR (93-01) b) Seismic ground shaking? 0 Carlsbad Final - Master EIR (9-0J.) C) seismic ground failure, including liquefaction? 0 Carlsbad Final Master EIR (93-01) - El x. X X - - Rev. 3/28/95 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact x• * - •- x X - - - - Issues (and Supporting Information Sources): d) Seiche, tsunami, or volcanic hazard? Carlsbad Final Master BIR (93-01) e) Landslides or mudflows? () Carlsbad, Final Master EIR (93-01) 1) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? 0 Carlsbad Final Master EIR (93-01) g) Subsidence' of the land? 0 Pacific 'Rim EIR (1995) h) Expansive soils? 0 Pacific Rim EIR (1995) • i) Unique geologic or physical features? 0 Carlsbad Final Master EIR (93-01) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? 0 Carlsbad Final Master EIR (93-01) -- b) Exposure of people or property to water related hazards such as flooding? () Pacific Rim EIR 1985' • c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? 0 Carlsbad • Master Final EJR (93-01) d) Changes in the amount of surface water in any water body? 0 Pacific Rim EIR (1985) - e) Changes in currents, or the course or direction of water movements? 0 Pacific Rim EIR (1985) 1) Change 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? 0 Carlsbad Final Master EIR (93-01) g) Altered direction or rate of flow of groundwater? 0 Carlsbad Master Final EIR (93-01) h) Impacts to groundwater quality? 0 Carlsbad Master Final EIR (93-01) I- - - X • -- - - - 5 • ' Rev.. 3/28/95' . Potentially Significant - Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Issues (and Supporting Information Sources): 1) Substantial reduction in the amount of groundwater otherwise available for public water supplies? 0 Carlsbad Final - Master EIR (93-01) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? 0 Carlsbad Final Master EIR (93-01) - 12) Expose sensitive receptors to pollutants? 0 - Carlsbad Final Master EIIFR (9301) c) Alter air movement, moisture, or temperature, or cause any change in climate? 0 Carlsbad - Master Final BIR (93-01) d) Create objectionable odors? 0 Carlsbad - Final Master EIR (93-01) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 Carlsbad Final Master EIR X • b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? () - Carlsbad Final Master EIR (93-01) • c) Inadequate emergency access or access to nearby uses? 0 Carlsbad Final - Master EIR (93-01) d) Insufficient parking capacity on-site or off-site? o Pacific Rim BIR (1985) - e) Hazards or barriers for pedestrians or bicyclists? o Pacific Rim EIR (1985) 1> Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? 0 Carlsbad Final Master - BIR (1985) g) Rail, waterborne or air traffic impacts? U Carlsbad Final Master EIR (93-01) X AL X I - --• .- x 6 Rev. 3/28/95 Issues (and Supporting Information Sources): 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? 0 Pacific Rim EIR (1985) b) Locally designated species (e.g. heritage trees)? o Carlsbad Master Final EIR (93-01) c) Locally designated natural communities (e.or. oak forest, coastal habitat, etc.)? 0 Pacific • Rim BIR (1985) d) Wetland habitat (e.g. marsh, riparian and vernal Pool)? 0 Carlsbad Final Master EIR (93-01) e) Wildlife dispersal or migration corridors? 0 Carlsbad Final Master EIR (93-01) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? 0 Carlsbad Final Master EIR (93-Ol) b) Use non-renewable resources in a wasteful and inefficient manner? 0 Carlsbad Final Master E1R (93-01) 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? () Carlsbad Final Master EIJR (93-01) 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? 0 Carlsbad Final Master EIR (93-01) b) Possible interference with an emergency response plan or emergency evacuation plan? 0 -- Carlsbad Final Master EIR (93-01) c) The creation of any health hazard or potential health hazard? 0 Carlsbad Final Master EIR (93-01) 7 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X - X•• - x - • - X - - -- x - - Rev. 3/28/95 Issues (and Supporting Information Sources): Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No. Impact Incorporated Impact Impact d) Exposure of people to existing sources of potential health hazards? 0 Carlsbad Final EIR (93-01) e) Increase fire hazard in areas with flammable brush, grass,.-or trees? 0 Carlsbad Final Master EIR X. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 Carlsbad Final Master EIR (93-01) b) Exposure of people to severe noise levels? 0 Carlsbad Final Master EIR (93-01) XI. 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? 0 coca1i-Faci1ities Management Plan Zone 19 b) Police protection? 0 Carlsbad Master Final EIR (93-01) C) Schools? 0 Local Facilities Management Plan Zone 19 d) Maintenance of public facilities, including roads? 0 Carlsbad Final Master EIR EIR (93-01) e) Other governmental services? 0 Carlsbad Final Master EIR (93-01) XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Carlsbad Final Master EIR a) Power or natural gas? 0 Carls.baçl Final Master ThUR (93-01) b) Communications systems? 0 Carlsbad Final Master BIR (93-01) c), Local or regional water treatment or distribution facilities? Carlsbad Final Master EIR (93-01) ci) Sewer or septic tanks? 0 Carlsbad Final Master BIR (93-01) e) Storm water drainage? 0 Carlsbad Final Master EIR (93-01) Ew - - .- X. - - - - -I- x, X X X X Rev: 3/28/95 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact - - - - .- _ Issues (and Supporting Information Sources): f) Solid waste disposal? 0 Carlsbad Final Master EIR :93-01) -g-) Local or regional water supplies? () Carlsbad Final Master BIR (93-01) XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? Q Carlsbad Final Master EIR (93-01) b) Have a demonstrable negative aesthetic effect? 0 Carlsbad Final Master Elk (93-01) - - c) Create light or glare? 0 Carlsbad Final Master EIR (93-01) XIV. CULTURAL RESOURCES. Would the proposal:. a) Disturb paleontological resources? 0 Pacific RijaeEIR (1985) b) Disturb archaeological resources? 0 Pacific Rim EIR (1985) - c) Affect historical resources? 0 Pacific Rim EIR (1985) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? 0 Pacific Rim EIR (1985) e) Restrict existing religious or sacred uses within the potential impact area? 0 Carlsbad Final Master EIR (93-01) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? Carlsbad Final Master EIR (93-01) b) Affect existing recreational opportunities? 0 Carlsbad Final Master EIR (93-01) - - - - - -x-- - - -. X X 9 Rev. 3128195 • Issues (and Supporting Information Sources): Potentially Significant - Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wild life 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 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) (Air Quality, Circulation) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? . - - _L. 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. 10 Rev. 3/28/95 a DISCUSSION OF ENVIRONMENTAL EVALUATION 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 conditions 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 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 EIR. 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 11 Rev. 3/28/95 . a 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 EIR 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. 12 Rev. 3/28/95 LIST MITIGATING MEASURES (IF APPLICABLE ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) 13 Rev. 3/28/95 LOT 308 INFORMATIONAL BOOKLET AVIARA AVIARA LOT 308 W ith the original land planning of Aviara (then the Pacific Rim Country Club and Resort), a single-family residential lot with Golf Course frontage, was de- signed just westerly ofPlanning Area 15. This lot was identified and approved on the subdivision map as Lot 308. T his booklet is intended to provide a brief summary of the history of Lot 308, and its present status. In addition, the booklet contains computer-simulated graphics of an exampled residential house developed on Lot 308for reference of the reader. TABLE OF CONTENTS LOCATION OF LOT 308 Page 3 APPROVAL HISTORY Page 4 HISTORICAL EXHIBITS Page 5 ENVIRONMENTAL REVIEW/TAX HISTORY Page 7 COMPUTER-SIMULATED GRAPHIC ANALYSIS Page 9 HISTORICAL CHRONOLOGY Page 15 BUILDING CRITERIA Page 15 UNIT E, PAGE 4 & 5 - GRADING PLAN Attachment 1 OPEN SPACE LOT LIST Attachment 2 HOMEOWNER LETTER Attachment 3 AVIARA DEVELOPMENT PLAN AVIARA* LOT 308 - ILLUSTRATIVE AVIARA APPROVAL HISTORY A PI ANNING Lot 308 is, and has always been planned as a single-family residential lot. ^ MASTER PLAN APPROVAL The Aviara Master Plan (page 122) demonstrates that the single-family residential Planning Area 13 stretches northwesterly to include this lot. A TENTATIVE SUBDIVISION APPROVAL Lot 308 was approved as a residential lot through the City of Carlsbad tentative subdivision map CT 85-35 (Pacific Rim Phase I), December 22,1987 and Califomia Coastal Commission Coastal Development Permit No. 6-87-680, April 12,1988. FINAL SUBDIVISION MAP APPROVAL Lot 308 was officially created as a residential lot when it was recorded through the City of Carlsbad approval of Unit E of Carlsbad Tract CT 85-35, June 29,1989. COASTAL REQUIREMENTS Coastal Commission Permit No. 6087-680 required that all Aviara preserved open spaces be placed under an open space deed restriction. Lot 308 was not placed under such restriction. ACCESS TO SITE Access to Lot 308 was approved on the approved Final Map CT-85-35 and secured perma- nently through a private access easement, and provided for the Planning Area 15 CC&R's. A SITEUTILniES All required utilities have been installed to the site to accommodate a residential structure. ^ GRADING OF SITE Lot 308 was fully graded in accordance with a City of Carlsbad Grading Permit, to accommodate a future residential structure at the same time (1990) that the adjacent Golf Course and Plarming Area 13 was graded. PROTECTION OF SITE Erosion control and temporary landscaping of Lot 308 was completed in 1991 in order to maintain the site in an attractive and natural manner. Although Lot 308 temporary land scape is of the drought-tolerant variety it is not vegetated with native coastal Califomia vegetation. ULTIMATE DEVELOPMENT The development on Lot 308 of a single-family home will be sensitive, and in compliance with the Aviara architectural and landscaping guidelines, and the City of Carlsbad setback and height restrictions. A CC & R REQUIREMENTS Lot 308 is included in the Aviara Master Homeowner's Association and will be required to comply with the Master CC & R's. AVIARA 1988 HISTORICAL EXHIBIT .DtU'jmTt PARK i AVIARA OPEN SPACE EXHIBIT - 1990 PRESERVED NATURAL GOIF COURSE MANUFACruREO OPEN SPACE BATIQUITOS LAGOON PARK SITE AVIARA ENVIRONMENTAL REVIEW Development of Lot 308 with a single family home has been determined by the Planning Director to UQl result in any significant environmental impacts; It does not disturb any existing or proposed wildlife corridors. No obstmction to wildlife passage will result due to the width of the surrounding unobstructed corridor. It does UQL create any adverse visual impact. Architectural requirements dictate that it will be fully in scale with the area. Its view from the west will be largely hidden by existing the golf course and domestic landscape. A It is noi incompatible with surrounding land uses. It is a single family home, within a residen- tial planned community which accommodates a diversity of housing types, in the middle of a city. It does nol affect existing biological quality. It is a previously graded site, which does not contain sensitive vegetation. It is. consistent with the Local Coastal Program and all other applicable regulatory land use documents affecting the area. TAX AND ASSESSMENT HISTORY *6) Lot 308 has been assessed on taxes on a residential property status since 1989. The property is current on its payment of taxes. <6 Lot 308 is current on its Master HOA dues. i AVIARA 8 AERIAL PHOTO - 1990 AVIARA INTRODUCTION TO COMPUTER-SIMULATED GRAPHICS On the following pages, computer-simulated graphics of an exampled house placed on Lot 308 are demonstrated. These graphics are to horizontal and vertical scale, and provide view analysis from a variety of locations, as shown on the View Location Map below. VIEW LOCATION MAP ^^^^ LOT 308 LOT 300 I LOT 297 I ~l SANDPIPER AVIARA •D LOT 300 Two STORY - LOT 297 11 Two STORY - LOT 292 Two STORY - LOT 289 Two STORY - PLANNING AREA 26 N. i AVIARA ONE STORY - LOT 297 ONE STORY - LOT 292 ONE STORY - PLANNING AREA 26 N. CHRONOLOGY 1987 MASTER PLAN APPROVAL TENTATIVE MAP APPROVAL 1988 LOCAL COASTAL PROGRAM 1989 FINAL MAP APPROVAL 1990 SITE GRADED 1994 GENERAL PLAN AMENDMENT TO OPEN SPACE 1996 AVIARA / CITY RECOGNITION OF GENERAL PLAN AMENDMENT NEED AVIARA BUILDING CRITERIA • ARCHITECTURAL STANDARDS • LANDSCAPE GUIDELINES • CC&R'S • CITY / COASTAL REQUIREMENTS - SETBACKS - HEIGHTS • PROPERTY VALUE DICTATES QUALITY AVIARA Attachment 1 AVIARA NUfTER AiiCCl.ATION May 11, 1992 Dear Homeowner, As you may be aware, the Planned Community of Aviara is situated in an environmentally sensitive coastal setting. Approval of the community required extensive environmental review, including a 400 page EIR, and concurrence from 18 separate agencies. As you can imagine, this process took some 5 years to achieve. The result is a unique community in which large acreages of natural habitats are preserved as native open space. In addition to the Batiquitos Lagoon wetlands. Coastal chaparral, eucalyptus groves, oak groves and similar wildlife habitats are preserved between and amongst the neighborhoods of Aviara. These scenic resource areas have been protected and preserved from die impacts of intensified use of the property by way of an Open Space Deed Restriction Agreement between the Aviara developers and the Califomia Coastal Commission on behalf of the State of California. This agreement is irrevocable and benefits the property, runs with the land and is binding to all it's assigns or successors. The Open Space Deed Restriction prohibits any alteration of landforms, removal of vegetation or the erection of structures of any type without the written approval of the Califomia Coastal Commission. Maintenance programs have been established to ensure the vitality of the environment for these sensitive areas. Approximately three and a half million square feet (Phase I) of deed restricted protected open space has now been tumed over to the Master Association to own and maintain. It is of utmost importance that the Master Association maintain these areas within the guidelines and at the levels prescribed by the Coastal Commission and the City of Carlsbad. 201! PALOMAR AIRPORT ROAD, jL'lTE ZC'fx CARLSFAP. CALIFORNLA Idl^)) 'JJl-lAC FAX: I'M-:*) May 11, 1992 Page 2 Please do not affect or impact these native areas. Should you have any questions or concems regarding these areas, please feel free to contact Adrian McKibbui at the Walters Management Company at 296-6225. Thank you for your cooperation in maintaining the integrity of the Aviara open space program. Sincerely, Pamela Whitcomb President openspac.ahz UEGEND |/^cx>vsTAi. resojnx APEA EU>i.YFIlaS GfCVE AVIARA CO/\ST/\L RESOURCE /\RE/^ Attachment! THIRD ADDENDUM TO PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS (COMMON AREA I .PI'S) I. Master Association Common Area: A. Master Open Space Lot 3 of City of Carlsl)ad Tract 85-35, Phase I-Unit A, as shown on Map 14209; n. Master Open Space Lot 11 of City of Carlsl)ail Tract 85-35, Phase I-Unit A, as siiown on Map 12409; C. Master Opeji Space Lot 99 of City of Carlsbad Tract 85-35, Phase I-Unit C, as shown on Map 12411; D. Master Open Space Lot 100 of City of Carisbad Tract 85-35, Piiase I-Unit C, as shown on Map 12411; E. Master Open Space Lot 227 of City of Carlsbad Tract 85-35, Phase I-Unit C, as shown on Map 12411; F. Master Open Space 228 of City of Carlsbad Tract 85-35, Phase I-Unil C, as shown on Map 12411; G. Master Open Space Lot 229 of City of Carlsbad Tract 85-35, Phase I-Unit C, as shown on Map 12411; II. Master Open Space Lot 231 of City of Carlsbad Tract 85-35, Phase I-Unit D, as shown on Map 12412; I. Master Open Space UM 232 of City of Carlsbad Tract 85-35, Phase I-Unit D, as shown on Map 12412; J. Master Oj)en Space Lot 306 of City of Carlsbad Tract 85-35, Phase I-Unit E, as shown on Map 12413; and K. Master Open Space Lot 307 of City of Carlsbad Tract 85-35, Phase I-Unit E, as shown on Map 12413. II. Project Association Common Area: I^t 303 of City of Carlsbad Tract 85-35, Phase 1-Unil D, as shown on Map 12412. Buyer: •J^,, Seller: 'I Initials Initials Lot 285 - Ettinger |lUJI0160.AB2 1/08/93 JCIl:etl LOT 291 20* from fence LOT 20* 289 from fence LOT 293 20* from fence LOT 290 20* from fence LOT 292 20* from fence LOT 286 20* from fence LOT 284 20* from fence LOT 285 20* from fence LOT 294 20* from fence (incl PAIS) LOT 295 20* from fence LOT 296 20* from fence LOT 294 20* from fence 4^' f 1 ' .ER NO. 1133440-15 FIRST AMERICAN TITLE INSURANCE COMPANY 4~1 1 IVY STREET, SAN DIE GO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 DECEMBER 17, 1996 HILLMAN PROPERTIES WEST 2011 PALOMAR AIRPORT RD. 1#206 SUITE 206 CARLSBAD, CA 92009 -ATTN: PAUL KLUKAS YOUR REF: AVIARA OUR ORDER NO. 1133440-15 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, 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 WHICH MAY B E SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY 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 EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TES OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF DECEMBER 12, 1996 AT 7:30 A.M. ~ ___' "~_) 14~ ____s~ GREG SPANIOL -ITLE OICER DIRECT DIAL PHOnE 231-4656 FAX NO. 231-4647 PAGE 1 o ORDER NO. 1133440-15 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A ' DELAWARE LIMITED PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1996-97, A LIEN NOT YET DELINQUENT. 2. A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD, ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $________ PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND'A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED B YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED 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. PAGE 2 if ORDER NO. 1133440-15 4. SUPPLEMENTAL TAMES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAM BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 5. THE FACT SAID LAND LIES WITHIN A 'BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE NO. 86-356638. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 6. AN AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL), DATED JUNE 6, 1988, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $125,000,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS. DATED: DECEMBER 20, 1988 TRtJSTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TRUSTEE: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (OPEN SPACE) RECORDED APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196177 OF OFFICIAL RECORDS. PAGE 3 ORDER NO. 1133440-15 SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (TRAIL RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196179 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196181 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE MASTER DECLARATTON OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 24, 1989 AS FILE NO. 89- 388407 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT AND COVENANT REGARDING CATV SERVICE RECORDED JUNE 1, 1990 AS FILE NO. 90- 298175 OF OFFICIAL RECORDS, BY THE TERMS OF SUBORDINATION AGREEMENT RECORDED JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS. AN INSTRUMENT DATED JUNE 22, 1992, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406651 OF OFFICIAL RECORDS, EXECUTED AVIARA. LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED DECEMBER 6, 1993, RECORDED JANUARY 2, 1994 AS FILE NO. 1994-0060393 OF OFFICIAL RECORDS, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED . PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED AUGUST 31, 1994, RECORDED SEPTEMBER 22, 1994 AS FILE NO. 1994-0563996 OF OFFICIAL RECORDS, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA,. A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. PAGE 4 • . ORDER NO. 1133440-15 . AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BYSAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88- 661637 9. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: DEBTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP SECURED PARTY; FIRST INTERSTATE BANK OF CALIFORNIA RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS. PROPERTY COVERED: AS SET FORTH THEREIN AN AMENDMENT TO SAID INSTRUMENT RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406652 OF OFFICIAL RECORDS. AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406652 AND JULY 15, 1993 AS FILE NO. 1993- 0453042, BOTH OF OFFICIAL RECORDS. A PARTIAL RELEASE OF SAID FINANCING STATEMENT WAS RECORDED AUGUST 4, 1993 AS FILE NO. 1993-050378 OF OFFICIAL RECORDS. AN AMENDMENT OF SAID FINANCING STATEMENT WAS RECORDED JANUARY 28, 1994 AS FILE NO. 1994-0065131 OF OFFICIAL RECORDS. AN AMENDMENT OF FINANCING STATEMENT WAS RECORDED SEPTEMBER 22, 1994 AS FILE NO. 1994-0563997 OF OFFICIAL RECORDS. 10. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED • SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 14, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE NO. 90- 189679 OF OFFICIAL RECORDS. 11. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE)", DATED MARCH 22, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS AND RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989, AS FILE NO. 89-196176 OF OFFICIAL RECORDS. PAGE 5 ORDER NO. 1133440-15 A RELEASE OF DEED RESTR:c:IoN (OPEN SPACE) RECORDED JULY 9, 1990 AS FILE NO. 90-369910 OF OFFICIAL RECORDS. A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED JULY 3, 1991 AS FILE NO. 91-0327679 OF OFFICIAL RECORDS. A RELEASE OF DEED RESTR:CTION (OPEN SPACE) RECORDED FEBRUARY 4, 1992 AS FILE NO. 1992-0059246 OF OFFICIAL RECORDS. :2. AN AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE TRAIL), DATED MARCH 13, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION. RECORDED: APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 13. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" (LAGOON NORTH SHORE 100' BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 14. AN AGREEMENT REGARDING DESILTATION BASIN/STORM DRAINAGE MAINTENANCE AGREEMENT, DATED JUNE 28, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CITY OF CARLSBAD. RECORDED: JUNE 29, 1989 AS FILE NO. 89-345771 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 15. THE SUBDIVISION MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAIN VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID SUBDIVISION MAPS FOR FURTHER PARTICULARS. 16. AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12413, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. PAGE 6 I .. ORDER NO. 1133440-15 17. AN EASEMENT FOR GENERAL UTILITIES AND ACCESS AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12413, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. 13. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12413, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. 19. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, 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 OR RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89- 354659 OF OFFICIAL RECORDS. 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 MORTGAGE. 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. FIRST AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED JULY 31, 1990 AS FILE NO. 90-418521 OF OFFICIAL RECORDS. SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEBRUARY 8,1991 AS FILE NO. 91-0057543 AND RE-RECORDED MARCH 15, 1991 AS FILE NO. 91-0114756, BOTH OF OFFICIAL RECORDS. THIRD AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED SEPTEMBER 16, 1991 AS FILE NO. 91-0475307 OF OFFICIAL RECORDS. FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT'S RIGHTS UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE AVIARA COUNTRY CLUB AND RESORT, DATED JUNE 22, 1992, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406653 OF OFFICIAL RECORDS. PAGE 7 ORDER NO. 1133440-15 RESTATED SUPPLEMENTARY ANNEXATION FOR PHASE II AND ADMINISTRATIVE MODIFICATION OF DEcLARAT:oN FOR AVIARA RECORDED FEBRUARY 24, 1994 AS FILE NO. 1994-0124633 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SA2 INSTRUMENT FOR FURTHER PARTICULARS. :. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY COVENANT, CONDITION CR 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 OR RESTRICTIONS VIOLATE 42 USC 3604(C), IN AN INSTRUMENT RECORDED NOVEMBER 1, 1989 AS FILE NO. 89593671 OF OFFICIAL RECORDS. 21. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES, AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 22. AN AGREEMENT REGARDING CERTAIN IMPROVEMENTS AND EASEMENTS, DATED MARCH 7, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND WESTERN NATIONAL HOMES I LIMITED, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: MARCH 22, 1990 AS FILE NO. 90-153235 OF OFICIAL, RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 23. AN AGREEMENT REGARDING UNITY OF CONTROL, DATED FEBRUARY 20, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; DAVIDSON COSCAN PARTNERS , A CALIFORNIA GENERAL PARTNERSHIP; LYON COMMUNITIES, INC., A CALIFORNIA CORPORATION; RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; A- M HOMES, A CALIFORNIA LIMITED PAGE 8 ORDER NO. 1133440-15 PARTNERSHIP AND BRAMALEA CALIFORNIA INC., A CALIFORNIA CORPORATION. RECORDED: APRIL 16, 1990 AS FILE NO. 90-204778 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 24. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS. AN ASSUMPTION AND EASEMENT AGREEMENT DATED APRIL 17, 1950, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: JUNE 1, 1990 AS FILE NO. 90-298179 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. A PORTION OF SAID LAND WAS RELEASED FROM SAID INSTRUMENT BY CORPORATION QUITCLAIM DEED, DATED MARCH 26, 1991, EXECUTED BY DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168675 OF OFFICIAL RECORDS. FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168678 OF OFFICIAL RECORDS. SAID EASEMENT IS SUBORDINATE TO THE PEDESTRIAN ACCESS EASEMENT RECORDED MAY 5, 1992 AS FILE NO. 1992-0270981 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED MAY 5, 1992 AS FILE NO. 1992-0270982 OF OFFICIAL RECORDS. 25. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD), AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 31, 1990 AS FILE NO. 90-590739 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 9 S ORDER NO. 1133440-15 26. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES D:sTRIcT NO. 1 AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER 19, 1990 AS FILE NO. 90-0674118 OF OFFICIAL RECORDS. NOTICE OF SPECIAL TAX L__-EN RECORDED MAY 20, 1991 AS FILE NO. 91- 0236959 OF OFFICIAL RECORDS. 27. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, 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 OR RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED FEBRUARY 8, 1991 AS FILE NO- - 91-0005743 AND RE-RECORDED MARCH 15, 1991 AS FILE NO. 91-0114756, BOTH OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THI.S 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 MORTGAGE. 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. 28. A HOLD HARMLESS AGREEMENT DATED FEBRUARY 20, 1991, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP AND CITY OF CARLSBAD. RECORDED: MARCH 22, 1991 AS FILE NO. 91-0127324 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.. 29. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE) ", DATED MAY 29, 1992 UPON THE TERMS, COVENANTS, AND CONDITIONS AND RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN A.VIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION, RECORDED JULY .3, 1991 AS FILE NO. 91-0327678 OF OFFICIAL RECORDS. PAGE 10 S . ORDER NO. 1133440-15 33• A HOLD HARMLESS AGREEMENT DATED JUNE 18, 1991, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED: JULY 10, 1991 AS FILE NO. 91-0337923 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 31. AN AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 19, DATED JULY 25, 1991, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, RECORDED AUGUST 7, 1991 AS FILE NO. 91- 0397112 OF OFFICIAL RECORDS. 32. AN EASEMENT TO CONSTRUCT AND MAINTAIN, PLACE, OPERATE, INSPECT, REPAIR, REPLACE AND REMOVE SUCH UNDERGROUND COMMUNICATION FACILITIES AS GRANTEE MAY FROM TIME TO TIME REQUIRE (INCLUDING INGRESS THERETO AND EGRESS THEREFROM) CONSISTING OF WIRES, CABLES, CONDUIT, MANHOLES, HANDHOLES AND ABOVEGROUND MARKERS, PEDESTALS, TERMINAL EQUIPMENT CABINETS, OTHER ASSOCIATED ELECTRICAL CONDUCTORS AND NECESSARY FIXTURES AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF PACIFIC BELL, A CALIFORNIA CORPORATION, GRANTEE, ITS SUCCESSORS AND ASSIGNS, RECORDED SEPTEMBER 6, 1991 AS FILE NO. 91-0456674 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE NORTH HALF OF SECTION 27, TOWNSHIP 12 SOUTH 1 RANGE 4 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE. EXCEPTING THEREFROM: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THE EAST HALF OF THE NORTHEAST QUARTER THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; TOGETHER WITH THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER LYING SOUTHERLY, SOUTHWESTERLY AND WESTERLY OF ALGA ROAD AND SOUTHERLY OF POINSETTIA LANE ALL IN SAID SECTION 27. THE ABOVE DESCRIBED EASEMENT SHALL BE LOCATED ON STRIPS OF LAND THREE (3.00) FEET IN WIDTH AND FOURTEEN (14.00) IN LENGTH IN SAID PROPERTY, THE APPROXIMATE LOCATIONS OF WHICH ARE SHOWN ON EXHIBIT "AT", ATTACHED TO SAID INSTRUMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 11 . w ORDER NO. 1133440-15 33. AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT DATED JULY 29, 1993, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: AUGUST 25, 1993 AS FILE NO. 1993-0554264 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 34. LACK OF A RIGHT OF ACCESS TO AND FROM THE LAND. 35. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENTS REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 1996-1997 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 215-612-24-00 $2,049.47 PAID $2,049.47 OPEN $59,599.00 $-0 - $-0- PAGE 12 ORDER NO. 1133440-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN T:-E STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND 15 DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 308 OF CITY OF CARLSBAD TRACT 85-35, PHASE I-UNIT E, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989, FILE NO. 89-346189, BEING MORE PARTICULARLY DESCRIBED ON CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 21, 1995 AS FILE NO. 1995-0422507 OF OFFICIAL RECORDS AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 308; THENCE ALONG THE WESTERLY LINE OF SAID LOT 308 NORTH 08-13'40" WEST, 95.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 08 0 13'40" WEST, 480.39 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 308; THENCE ALONG SAID NORTHERLY LINE SOUTH 89 0 43'45 1 EAST, 87.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 308; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING: SOUTH 2404611411 EAST, 154.52 FEET; THENCE SOUTH 01 0 56'01" WEST, 337.03 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 44 0 56'44 11 WEST, 21.14 FEET; THENCE NORTH 73°12'48 WEST, 59.17 FEET TO THE TRUE POINT OF BEGINNING. 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