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HomeMy WebLinkAboutMP 177X; Cristalla; Master Plan (MP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY) • Administrative Permit - 2nd Dwelling Unit • Planned Industrial Permit • Administrative Variance • Planning Commission Determination Coastal Development Permit • Precise Development Plan • Conditional Use Permit • Redevelopment Permit • Condominium Permit • Site Development Plan • Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • Tentative Parcel Mop Obtain from Engineering Department Local Coastal Plan Amendment Tentative Tract Map Master Plan Amendment nf }nn()(\ • Variance • Non-Residential Planned Development • Zone Change Planned Development Permit • List other applications not specified 2) ASSESSOR PARCEL NO(S).: 215-080-24 215-04019, 24 & 25 3) PROJECT NAME: Cristalla 4) BRIEF DESCRIPTION OF PROJECT: 6l-s1nq1e family detached residences 5) OWNER NAME (Print or Type) AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP 6) APPLICANT NAME (Print or Type) BREHM-AVIARA III DEVELOPMENT ASSOr.TATF^;^ MAILING ADDRESS 2011 Palomar Airport Road, Suite 206 MAILING ADDRESS 2835 Camino Del Rio South, Suite 220 CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 760-931-1190 CITY AND STATE ZIP TELEPHONE San Diego, CA 92108 619-293-7090 1 CERTIFY THAT 1 AM/H^ LEGAL OWNER AND THAT ALL THE ABOVE INFORMATIONS.^ TifuE AND CORRECT TO THE BEST . OF MY KNOWLEDGE. J^ / / / 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. (See attachment #1) SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION see attached sheet NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 8) LOCATION OF PROJECT: ON THE North ON EITHER SIDE OF BETWEEN (NORTH, SOUTH, EAST, WEST) BIackrai1 (NAME OF STREET) STREET ADDRESS SIDE OF AND Aviara Parkway (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 19 13) TYPE OF SUBDIVISION 1 6) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 9) GROSS SITE ACREAGE 22) EXISTING ZONING SF 35% 18.2 P-C 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING NA Ri^ P-C 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 60 13,200 RM 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT /(fib ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TCWFRY FOR THIS PURPOSE D'^EN^ FDR SIGNATURE Aviara Land Associates, L.P. FOR CiTY USE ONLY FEEcWu^^A^t^^^^^^ APPLICATION TYPE TOTAL FEE REQUIRED 3,0 t> . D^) FEE REQUIRED }l^63^. on fnt>/^ .oo f w " J SDO .Dt) Rl-GEIVED NOV H 1997 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 Attachment #1 BREHM-AVIARA m DEVELOPMENT ASSOCIATES, L.P., a Delaware limited partnership By: Brehm-Aviara Group, LLC, a Califomia limited liability company, its general partner By: The Brehm Companies, LLC, a Califomia limited liability company, its manager By: Attachment for Applicant The Brehm Companies 2835 Camino Del Rio South, Suite 220 San Diego, CA 92108 Lumbermen's Investment Corporation P.O. Box 2030 Austin, TX 78768 Pmdential Insurance Company of American CO - PAMG - Real Estate 4320 La Jolla Village Drive, Suite 205 San Diego.CA 92122-1244 CALPers Investment Ofl&ce P.O. Box 2749 Sacramento, CA 95812-2749 • # City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disciosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: 1. APPLICANT List the names and addresses of all persons having a financial interest in the application. Brehm-Aviara III Development Associates, L.P. 2. OWNER List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Associates, L.P. 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. See attached for Applicant See attached for Owner 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 Have you had n)jfc than $250 worth of business tr^^kcted with any member of City staff, Boards^ommissions, Committees and/or Croncil within the past twelve (12) months? I I Yes Q No If yes, please indicate person{s): Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, tmst, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." NOTE: Attach additional sheets if necessary. AVI A/LA ^S/OOkXa, I'P Signature of owner/date See below Signature of applicant/date Print or type name of owner BREHM-AVIARA III DEVELOPMENT ASSOCIATES, LP Print or type name of applicant BREHM-AVIARA III DEVELOPMENT ASSOCIATES, LP a Delaware limited partnership by: Brehm-Aviara Group, LLC, a California limited liability company, its general partner by: The Brehm Companies, LLC, a California limited liability company, its manager by: Disclosure Statement 10/96 Page 2 of 2 PROJECT DESCRIPTIQN/eXPLANATIQN PROJECT NAME: Cristalla APPLICANT NAME: Brehm-Aviara III Development Associates, L.P. 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. 61-unit single family detached project R*v. 4/91 PfojOwc.frm y CITY OF CARLSBAD m 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CAOFORNIA 92008 434-2867 REC'DFROM B^f^^'^ ' /^V^arr^ MJ- DATE '/V^'^/^ ACCOUNT NO. DESCRIPTION AMOUNT 1472 11/14/97 . '- yo^ MP ni fx) 1, oo oo ^ Q'J Oi > ,••)•:) ^ Ol-rSl c 0 / RECEIPT Hof 49703 N0T VALID UNLESS VALIDATED BY TOTAL ® Printed on recycled pi^er. CASH REGISTER i . • .... :.. . . . 1 . .. .... ......... lonazoo i PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. Applicant Signature: C_Ct/i£*^.^^^ ^2^/^ Staff Signature: - /S^^X^yL^^^yi^ Date: //-/y-97 To be stapled with receipt to application Copy for file DISCUSSION PAPER PLANNING AREA 23 MASTER PLAN AMENDMENT LOCAL COASTAL PROGRAM AMENDMENT PROPOSAL: 1. Amendment to the Aviara Master Plan to propose minor land use change and modifications to the development standards specific to Plaiming Area 23. 2. Amendment to the Implementing Ordinances of the Mello I Local Coastal Program (Aviara Master Plan) in accordance with #1 above. DISCUSSION: A. A discussion of the proposed amendment's relationship to and effect on other sections of the previously certified LCP. The proposed amendment will have effects on other sections of the previously certified LCP as follows: a. Maximum density of development - A slight reduction in the allowable density of the planning area is expected to result from the modification of the allowable land use from multi- amily to small lot single family. No other impact on density should result from the proposal. b. Buffers - No modification is proposed relative to any exterior setbacks or buffers. Site design standards internal to the individual neighborhood will be modified somewhat. c. Drainage, erosion control - No modification is proposed to any policies relative to the Carlsbad requirements for drainage facilities and erosion control. d. Parking - The project, as proposed, is required on by the Master Plan to comply with the parking standards of the Carlsbad Zoning Ordinance. e. Land Use - The proposed project affects land use to the degree that multi-family housing will no longer be allowed and small lot single family detached housing will be the permitted use on the PA 23 site. PLANNING SYSTEMS f. Conversion of Agricultural Land - The payment of an agricultural conversion fee for the entire Aviara Master Plan area has been completed. This fee was based upon historical agricultural acreage, and not on proposed or allowable land uses. g. Natural Resource preservation - Natural resources have been identified and are preserved through implementation of the subject LCP amendment. The proposed limits of development area are not affected by the amendment. b. List the zoning measures that will implement the LCPA. Zoning for the subject property will continue to be Planned Community (P-C). This zone requires approval and compliance with a master plan. The proposed land use modifications do not affect this policy relationship. The Aviara Master Plan will continue to implement the LCPA. c. A discussion of potentially significant adverse cumulative impacts on coastal resources. The coastal resources within the Aviara area were defined by the Coastal Commission in its CDP 6-87-680 approval. These resources were either dedicated to the State as open space preserve (lagoon wetlkands) or encumbered by an open space deed restriction (upland slopes, etc.). The proposed project will not affect any of these resource areas, and no cumulative impacts upon coastal resources will result from the proposed project. PLANNING SYSTEMS OM rflr CHICAGO TITLE COMPANY Issuing Office: 925 B STREET SAN DIEGO,CA 92101 (619)239-6081 RICHMOND O'NEILL BREHM COMMUNITIES 2835 CAMINO DEL RIO SOUTH, SAN DIEGO, CA 92108 #220 Order No. Reference: Regarding: 007333550 U50 AVIARA PLANNING AREA 19 AND 23 , CA Dated as of September 26, 1997 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to i.ssue, or cau.se to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached list. Copies of the Policy forms should be read. They are available from the office which issued the report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. 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 LLABILITY 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. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Title Officer TOM VOTEL PFPG4-11/07/94 AA SCHEDULE A ^ Order No: ,7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is ve.sted in: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: SEE ATTACHED DESCRIPTION PREUMA-S/27/93bK Order No: 7333550 USI DESCRIPTION PARCEL A: LOTS 1 THROUGH 9 INCLUSIVE OF CITY OF CARLSBAD TRACT NO. 92-3 AVIARA PHASE III UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 23, 1997. PARCEL B: ALL THAT PORTION OF THE SOUTH HALF OF THE NORTH HALF OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WESTERLY AND NORTHWESTERLY OF THE WESTERLY BOUNDARY LINE OF THE CITY OF CARLSBAD TRACT 85-35 (AVIARA PHASE 1 - UNIT B) AS SHOWN BY MAP THEREOF NO. 12410, FILED IN THE OFFICE OF THE COUNTY •RECORDER OF SAN DIEGO COUNTY ON JUNE 29, 1989 AS FILE NO. 89-345851 OF OFFICIAL RECORDS, AND LYING EASTERLY OF THE EASTERLY BOUNDARY LINE OF THE CITY OF CARLSBAD TRACT NO. 90-15 (AVIARA PLANNING AREA 24 - UNIT NO. 1) AS SHOWN BY MAP THEREOF NO. 12969 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 17, 1992 AS DOCUMENT NO. 1992-0591489 OF OFFICIAL RECORDS, AND LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE OF ALGA ROAD (102 FEET WIDE) AS CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED JUNE 29, 1989 AS DOCUMENT NO. NO. 89-345765 OF OFFICIAL RECORDS. PARCEL C: EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF: EXCEPTING THEREFROM THOSE PORTIONS THEREOF LYING WITHIN CITY OF CARLSBAD TRACT 85-35, ACCORDING TO MAP THEREOF NO. 12410, CITY OF CARLSBAD TRACT NO. 92-3, AVIARA PHASE III UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 134 63, CITY OF CARLSBAD TRACT NO. 92-3, AVIARA PHASE III, UNIT 4, ACCORDING TO MAP THEREOF NO. 13464 AND CITY OF CARLSBAD TRACT NO. 92-3, AVIARA PHASE III, UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 134 65, ALL FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. SCHEDULE B Page 1 Order No: 7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1997-98 THAT ARE A LIEN NOT YET DUE. B 2. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. C-- -3. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: DISCLOSED BY: RECORDED: COMMUNITY FACILITIES DISTRICT NO. 1, CITY OF CARLSBAD ASSESSMENT DISTRICT BOUNDARY DECEMBER 19, 1990 AS FILE NO. 1990-0674118 OF OFFICIAL RECORDS NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959 OF OFFICIAL RECORDS. MATTERS AFFECTING PARCEL A: 4 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL RECORDS LOTS 1, 2, AND 8 AS SHOWN ON SAID MAP NO. 13434 5 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CARLSBAD MUNICIPAL WATER DISTRICT PIPE LINE JULY 21, 1958 IN BOOK 7174, PAGE 290 OF OFFICIAL RECORDS LOT 8 AS SHOWN ON SAID MAP NO. 13434 PREUMB.8/7/91-lre Page 2 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 6. 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 AS FILE NO. 86-356638 OF OFFICIAL RECORDS. 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. 7. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: JUNE 6, 1988 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 CORPORATION JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 8. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $125,000,000.00 DECEMBER 20, 1988 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AMERICAN SECURITIES COMPANY, A CORPORATION, SUCCESSOR BY MERGER TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS APRIL 14, 1989 AS FILE NO. 89-196177 OF OFFICIAL RECORDS PREUMBC-9/23/93bk Page 3 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 L AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: DEED RESTRICTION (TRAIL) RECORDED: APRIL 14, 1989 AS FILE NO . 89 -196178 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: APRIL 14, 1989 AS FILE NO . 89 -196179 OF OFFICIAL RECORDS M AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: EASEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345753 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345754 OF OFFICIAL RECORDS N AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: EASEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345759 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345760 OF OFFICIAL RECORDS 0 AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: EASEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345761 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345762 OF OFFICIAL RECORDS P AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: EASEMENT RECORDED: AUGUST 7, 1989 AS FILE NO . 89 -419898 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: SEPTEMBER 1, 1989 AS FILE NO. 89-473402 OF OFFICIAL RECORDS PREUMBC-9/Z3/93bk SCHEDULE B Pag-^ 4 (continued) Order No: 7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: EASEMENT AND COVENANT REGARDING CATV SERVICE RECORDED: JUNE 1, 1990 AS FILE NO. 1990-298175 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: JUNE 1, 1990 AS FILE NO. 1990-298174 OF OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: WATER LINE AND TEMPORARY CONSTRUCTION EASEMENT RECORDED: APRIL 16, 1992 AS FILE NO. 1992-0221640 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: APRIL 16, 1992 AS FILE NO. 1992-0221641 OF OFFICIAL RECORDS AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED: JUNE 29, 1992 AS FILE NO. 1992-0406651 OF OFFICIAL RECORDS AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED: JANUARY 27, 1994 AS FILE NO. 1994-0060393 OF OFFICIAL RECORDS AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED: SEPTEMBER 22, 1994 AS FILE NO. 1994-0563996 OF OFFICIAL RECORDS PREUMBC-9/23/93bK SCHEDULE B Page 5 (continued) Order No: 7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: DEED RESTRICTION RECORDED: AUGUST 22, 1995 AS FILE NO. 1995-0368883 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: AUGUST 22, 1995 AS FILE NO. 1995-0368885 OF OFFICIAL RECORDS DY AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: EASEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345763 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345764 OF OFFICIAL RECORDS 9. AN ASSIGNMENT RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-661637 OF OFFICIAL RECORDS OF CERTAIN OF THE LESSOR'S INTERESTS UNDER LEASES REFERRED TO THEREIN, WHICH ASSIGNMENT RECITES, AMONG OTHER THINGS, THAT IT IS GIVEN AS ADDITIONAL SECURITY FOR THE OBLIGATION SECURED BY THE DEED OF TRUST RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS 10. 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. PREUMBC-9/Z3/93bk Page 6 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 AA AB AN AMENDMENT OF SAID FINANCING STATEMENT WAS RECORDED SEPTEMBER 22, 1994 AS FILE NO. 1994-0065131 OF OFFICIAL RECORDS. AN AMENDMENT OF SAID FINANCING STATEMENT WAS RECORDED SEPTEMBER 22, 1994 AS FILE NO. 1994-0563997 OF OFFICIAL RECORDS. 11. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: MARCH 13, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS DEED RESTRICTION (LAGOON NORTH SHORE TRAIL) RECORDED: REGARDING: REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 12. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: MARCH 31, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS RECORDED: REGARDING: THE PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 13. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CITY OF CARLSBAD PUBLIC UTILITIES, INGRESS AND EGFIESS JUNE 29, 1989 AS FILE NO. 89-345761 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AC 14. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: JUNE 28, 1989 THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JUNE 29, 1989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS DESILTATION BASIN MAINTENANCE PREUMBC-9/23/93bk SCHEDULE B Page 7 (continued) Order No: 7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AD 15. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: AUGUST 7, 1989 AS FILE NO. 89-419898 OF OFFICIAL RECORDS AFFECTS: LOT 9 AS SHOWN ON SAID MAP NO. 13434 AE 16. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MARCH 7, 1990 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. 1990-153235 OF OFFICIAL RECORDS REGARDING: CERTAIN IMPROVEMENTS AND EASEMENTS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AF 17 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: FEBRUARY 20, 1990 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 PARTNERSHIP AND BRAMALEA CALIFORNIA, INC., A CALIFORNIA CORPORATION RECORDED: APRIL 16, 1990 AS FILE NO. 1990-204778 OF OFFICIAL RECORDS REGARDING: tMITY OF CONTROL REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AG 18. A DOCUMENT ENTITLED "EASEMENT AND COVENANT REGARDING CATV SERVICE", DATED APRIL 17, 1990 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 1, 1990 AS FILE NO. 1990-298175 OF OFFICIAL RECORDS. AH 19. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PREUMBC-9/23/93bk Page 8 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 AJ AK AL GRANTED TO: PURPOSE: RECORDED: AFFECTS: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION CATV SERVICE JUNE 1, 1990 AS FILE NO. 1990-298175 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. AI 20. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: FEBRUARY 20, 1991 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP AND CITY OF CARLSBAD MARCH 22, 1991 AS FILE NO. 1991-0127324 OF OFFICIAL RECORDS HOLD HARMLESS RECORDED: REGARDING: REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 21. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: MAY 8, 1991 THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JUNE 3, 1991 AS FILE NO. 1991-0259639 OF OFFICIAL RECORDS CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS RECORDED: REGARDING: REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 22 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: PACIFIC BELL, A CALIFORNIA CORPORATION PUBLIC UTILITIES, INGRESS AND EGRESS SEPTEMBER 6, 1991 AS FILE NO. 1991-0456674 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 23. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. PREUMBC-9/23/S3bk Page 9 Order No: ' 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 AM AN AO AR AS RECORDED: SEPTEMBER 16, 1991 AS FILE NO. 1991-0475307 OF OFFICIAL RECORDS SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF WHICH IS STATED TO BE SUBORDINATE TO THE LIEN OF CERTAIN MORTGAGES OR DEEDS OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE PROVISIONS OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT RECORDED: FEBRUARY 24, 1994 AS FILE NO. 1994-0124630 OF OFFICIAL RECORDS AP SUPPLEMENTARY ANNEXATION FOR PHASE III AND ADMINISTRATIVE MODIFICATIONS OF DECLARATION FOR AVIARA A MASTER PLANNED COMMUNITY, RECORDED AUGUST 13, 1997 AS FILE NO. 1997-0387556 OF OFFICIAL RECORDS. AQ 24 . AN AGREEMENT, AND THE TEPJMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: MARCH 9, 1992 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION APRIL 1, 1992 AS FILE NO. 1992-0187218 OF OFFICIAL RECORDS PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: REGARDING: REFERENCE IS MADE TO SAID DOCtlMENT FOR FULL PARTICULARS. 25. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CARLSBAD MUNICIPAL WATER DISTRICT WATERLINE AND TEMPORARY CONSTRUCTION APRIL 16, 1992 AS FILE NO. 1992-0221640 OF OFFICIAL RECORDS LOT 5 AS SHOWN ON SAID MAP NO. 13434 26. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CARLSBAD UNIFIED SCHOOL DISTRICT PRELIMBC-9/23/93bk Page 10 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 AU AV AX PURPOSE: RECORDED: AFFECTS: VEHICULAR INGRESS, EGRESS AND ROADWAY NOVEMBER 8, 1993 AS FILE NO. 1993-0750624 OF OFFICIAL RECORDS LOT 9 AS SHOWN ON SAID MAP NO. 13434 AT 27. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: SEPTEMBER 9, 1993 ROBERT T. KEVANE, CHERYL L. KEVANE, DIANNE R. KRASNOW, ROBERT S. KRASNOW, GERALD P. KRASNOW, EDWARD S. KRASNOW, MICHAEL I. KRASNOW AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED: MARCH 15, 1994 AS FILE NO. 1994-0168804 OF OFFICIAL RECORDS REGARDING: GRANT DEED AND AGREEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 28. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: OCTOBER 24, 1994 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CITY OF CARLSBAD JANUARY 5, 1995 AS FILE NO. 1995-0005398 OF OFFICIAL RECORDS HOLD HARMLESS AGREEMENT DRAINAGE RECORDED: REGARDING: REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 29. A DOCUMENT ENTITLED "DEED RESTRICTION", DATED JULY 12, 1995 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 22, 1995 AS FILE NO. 1995-0368883 OF OFFICIAL RECORDS. AW 30. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: JULY 28, 1995 TERRY R. REITER AND MARGARET E. REITER, HUSBAND AND WIFE AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AUGUST 31, 1995 AS FILE NO. 1995-0388058 OF OFFICIAL RECORDS DEED RESTRICTION RECORDED: REGARDING: REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS 31. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING PREUMBC-9/23/93bk Page 11 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref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bk SCHEDULE B Page 12 (continued) Order No: 7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 BC 35. A DOCUMENT ENTITLED "PETITION, WAIVER, AND CONSENT TO CREATION OF A FACILITY IMPACT FEE PROGRAM AND AGREEMENT TO. PAY FAIR SHARE COST OF AVIARA PARKWAY AND POINSETTIA LANE ("AGREEMENT")", DATED MAY 23, 1997 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 25, 1997 AS FILE NO. 1997-0296432 OF OFFICIAL RECORDS. BD 36. A DOCUMENT ENTITLED "CERTIFIED COPY OF RESOLUTION NO. 97-528 OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY", DATED JULY 8, 1997 EXECUTED BY THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN ••• • • CONTAINED, RECORDED JULY 22, 1997 AS FILE NO. 1997-0349124 OF OFFICIAL RECORDS. BE. 37. A DOCUMENT ENTITLED "REIMBURSEMENT AND RECIPROCAL EASEMENT AGREEMENT", DATED MARCH 10, 1997 EXECUTED BY WESTERN PACIFIC HOUSING - POINSETTIA, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, MICHAEL F. SFREGOLA, TRUSTEE OF THE SFREGOLA FAMILY TRUST, TERRY REITER AND MARGARET REITER, HUSBAND AND WIFE, AS COMMUNITY PROPERTY, ROBERT L. WHITNEY AND WILLIAM (BILL) ARMSTRONG, CO-TRUSTEES OF THE ROBERT L. WHITNEY AND NINA M. WHITNEY TRUST, AND WILLIAM BOWEN AND MARJORIE BOWEN, HUSBAND AND WIFE, AS JOINT TENANTS, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 1, 1997 AS FILE NO. 1997-0370228 OF OFFICIAL RECORDS. BF 38. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: TEMPORARY AND NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS AND EGRESS, CONSTRUCTION EASEMENTS, SLOPE AND MAINTENANCE EASEMENTS AND GRADING PURPOSES RECORDED: AUGUST 1, 1997 AS FILE NO. 1997-0370228 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. BG 39. A DOCUMENT ENTITLED "SEWER, STORM DRAIN, GRADING AND ACCESS AGREEMENT", DATED MARCH 10, 1997 EXECUTED BY WESTERN PACIFIC HOUSING - POINSETTIA, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, MICHAEL F. SFREGOLA, TRUSTEE OF THE SFREGOLA FAMILY TRUST, TERRY REITER AND MARGARET REITER, HUSBAND AND WIFE, AS COMMUNITY PROPERTY, ROBERT L. WHITNEY AND WILLIAM (BILL) ARMSTRONG, CO-TRUSTEES OF THE ROBERT L. WHITNEY AND NINA M. WHITNEY TRUST, AND WILLIAM BOWEN AND MARJORIE BOWEN, HUSBAND AND WIFE, AS JOINT TENANTS, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 1, 1997 AS FILE NO. 1997-0370229 OF OFFICIAL RECORDS. PREUMBC-9/23/93bk SCHEDULE B Page 13 (continued) Order No: ' 7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 BH 40. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: TEMPORARY AND NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS AND EGRESS, TEMPORARY CONSTRUCTION EASEMENTS, SLOPE AND MAINTENANCE EASEMENTS AND GRADING PURPOSES RECORDED: AUGUST 1, 1997 AS FILE NO. 1997-0370229 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. BI MATTERS AFFECTING PARCEL B: BJ 41. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE: THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES RECORDED: OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. BK 42. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY, a Corporation PURPOSE: A LINE OR LINES OF POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES, UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION PURPOSES AND PIPE LINES AND INCIDENTAL PURPOSES RECORDED: FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. BL 43. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 6055, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. BM 44. 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, AS FILE NO. NO. 86-356638 OF OFFICIAL RECORDS. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF PRELIMBC-9/23/93bk Page 14 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 BN BO BP BQ BR THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS.BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 45. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 10774, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 4 6. A DOCUMENT ENTITLED "AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL", DATED JUNE 6, 1988 EXECUTED BY 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, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS. 47. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $125,000,000.00 DECEMBER 20, 1988 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AMERICAN SECURITIES COMPANY, A CORPORATION, SUCCESSOR BY MERGER TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS APRIL 14, 1989 AS FILE NO. 89-196177 OF OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: DEED RESTRICTION (TRAIL) APRIL 14, 1989 AS FILE NO. 89-19 6178 OF OFFICIAL RECORDS APRIL 14, 1989 AS FILE NO. 89-19 6179 OF OFFICIAL RECORDS PREUMBC-9/23/93bk SCHEDULE B Page 15 (continued) Order No: 7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 BU AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: EASEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345753 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345754 OF OFFICIAL RECORDS BS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: EASEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345759 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345760 OF OFFICIAL RECORDS BT AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: EASEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345761 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: JUNE 29, 1989 AS FILE NO. 89-345762 OF OFFICIAL RECORDS BV AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: EASEMENT RECORDED: AUGUST 7, 1989 AS FILE NO. 89-419898 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: SEPTEMBER 1, 1989 AS FILE NO. 89-473402 OF OFFICIAL RECORDS BU AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: EASEMENT AND COVENANT REGARDING CATV SERVICE RECORDED: JUNE 1, 1990 AS FILE NO. 1990-298175 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: JUNE 1, 1990 AS FILE NO. 1990-298174 OF OFFICIAL RECORDS PREUMBC-9/23/93bk SCHEDULE B Page 16 (continued) Order No: 7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 BX AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: WATER LINE AND TEMPORARY CONSTRUCTION EASEMENT RECORDED: APRIL 16, 1992 AS FILE NO. 1992-0221640 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: APRIL 16, 1992 AS FILE NO. 1992-0221641 OF OFFICIAL RECORDS BY AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: 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. 1992-0406651 OF OFFICIAL RECORDS BZ AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED: JANUARY 27, 1994 AS FILE NO. 1994-0060393 OF OFFICIAL RECORDS CA AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED: SEPTEMBER 22, 1994 AS FILE NO. 1994-0563996 OF OFFICIAL RECORDS CB AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: DEED RESTRICTION RECORDED: AUGUST 22, 1995 AS FILE NO. 1995-0368883 OF OFFICIAL RECORDS BY AGREEMENT RECORDED: AUGUST 22, 1995 AS FILE NO. 1995-0368885 OF OFFICIAL RECORDS PREUMBC-9/23/93bk Page 17 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 CC CD CF CG CH AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: EASEMENT JUNE 29, 1989 AS FILE NO. 89-345763 OF OFFICIAL RECORDS JUNE 29, 1989 AS FILE NO. 89-345764 OF OFFICIAL RECORDS 48. AN ASSIGNMENT OF ALL THE MONIES DUE, OR TO BECOME DUE AS RENT, AS ADDITIONAL SECURITY FOR THE OBLIGATION SECURED BY DEED OF TRUST RECORDED: ASSIGNED TO: BY ASSIGNMENT RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-661636 FIRST INTERSTATE BANK OF CALIFORNIA, A California Corporation DECEMBER 23, 1988 AS FILE NO. 88-661637 OF OFFICIAL RECORDS CE 49. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER, SHOWING DEBTOR: SECURED PARTY: RECORDED: PROPERTY COVERED: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS AS SET FORTH THEREIN A CHANGE TO THE ABOVE FINANCING STATEMENT WAS FILED RECORDED: NATURE OF CHANGE: JUNE 29, 1992 AS FILE NO. 1992-0406652 OF OFFICIAL RECORDS AMENDMENT TO SAID INSTRUMENT A CHANGE TO THE ABOVE FINANCING STATEMENT WAS FILED RECORDED: NATURE OP CHANGE: JUNE 29, 1992 AS FILE NO. 1992-0406652 AND JULY 15, 1993 AS FILE NO. 1993-0453042, BOTH OFFICIAL RECORDS AMENDMENT TO SAID FINANCING STATEMENT A CHANGE TO THE ABOVE FINANCING STATEMENT WAS FILED PREUMBC-9/23/93bk Page 18 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 CI CJ CK CL CM CN CO RECORDED: NATURE OF CHANGE: AUGUST 4, 1993 AS FILE NO. 1993-0503783 OF OFFICIAL RECORDS PARTIAL RELEASE OF SAID FINANCING STATEMENT A CHANGE TO THE ABOVE FINANCING STATEMENT WAS FILED RECORDED: NATURE OF CHANGE: JANUARY 28, 1994 AS FILE NO. 1994-0065131 OF OFFICIAL RECORDS AMENDMENT TO SAID FINANCING STATEMENT 50. 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. RELEASE OF DEED RESTRICTION (OPEN SPACE) , RECORDED AUGUST 22, 1995 AS FILE NO. 1995-0368884 OF OFFICIAL RECORDS. 51. A DOCUMENT ENTITLED "AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE TRAIL)", DATED MARCH 13, 1989 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 52. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CITY OF CARLSBAD WATERLINE PURPOSES AND APPURTENANCES AND INCIDENTAL PURPOSES JUNE 29, 1989 AS FILE NO. 89-345753 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 53. A DOCUMENT ENTITLED "AGREEMENT REGARDING CERTAIN IMPROVEMENTS AND EASEMENTS", DATED MARCH 7, .1990 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND WESTERN NATIONAL HOMES I PREUMBC-9/23/93bk SCHEDULE B Page 19 (continued) Order No: 7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 LIMITED, a California Limited Partnership, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 22, 1990 AS . FILE NO. 1990-153235 OF OFFICIAL RECORDS. CP REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CQ 54. A DOCUMENT ENTITLED "AGREEMENT REGARDING UNITY OF CONTROL", DATED FEBRUARY 20, 1990 EXECUTED BY 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 Partnership AND BRAMALEA CALIFORNIA, INC., A California Corporation, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 16, 1990 AS FILE NO. 1990-204778 OF OFFICIAL RECORDS. CR REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CS 55. A DOCUMENT ENTITLED "AN EASEMENT AND COVENANT REGARDING CATV SERVICE", DATED APRIL 17, 1990 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 1, 1990 AS FILE NO. 1990-298175 OF OFFICIAL RECORDS. CT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CU AN ASSUMPTION AND EASEMENT AGREEMENT DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY & BETWEEN DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND A-M HOMES, a California Limited Partnership RECORDED: JUNE 1, 1990 AS FILE NO. 1990-298179 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL 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. 1991-0168675 OF OFFICIAL RECORDS. FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE, RECORDED APRIL 15, 1991 AS FILE NO. 1991-0168678 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. PREUMBC-9/23/93bk SCHEDULE B Page 20 (continued) Order No: 7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 CV 56. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT", DATED FEBRUARY 20, 1991 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP AND CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 22, 1991 AS FILE NO. 1991-0127324 OF OFFICIAL RECORDS. CW REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CX 57. A DOCUMENT ENTITLED "AGREEMENT REGARDING CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS DATED MAY 8, 1991 EXECUTED BY THE CITY OF CARLSBAD, a Municipal Corporation AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 3, 1991 AS FILE NO. 1991-0259639 OF OFFICIAL RECORDS. CY. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CZ .58. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 13348, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. DA 59 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PACIFIC BELL, A California Corporation PURPOSE: 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 RECORDED: SEPTEMBER 6, 1991 AS FILE NO. 1991-0456674 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. OB 60. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: SEPTEMBER 16, 1991 AS FILE NO. 1991-0475307 OF OFFICIAL RECORDS PRELIMBC-9/23/93bk SCHEDULE B P^g^ 21 (continued) Order No: 7333550 U50 Your Ref: AVIARA PLANNING AREA 19 AND 23 DC SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. DD SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF WHICH IS STATED TO BE SUBORDINATE TO THE LIEN OF CERTAIN MORTGAGES OR DEEDS OF TRUST MADE IN GOOD FAITH AND FOR VALUE. DE THE PROVISIONS OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT RECORDED: FEBRUARY 24, 1994 AS FILE NO. 1994-0124630 OF OFFICIAL RECORDS DF SUPPLEMENTARY ANNEXATION FOR PHASE III AND ADMINISTRATIVE MODIFICATION OF DECLARATION FOR AVIARA, A MASTER PLANNED COMMUNITY, RECORDED AUGUST 13, 1997 AS FILE NO. 1997-0387556 OF OFFICIAL RECORDS. DG 61. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: BRAMALEA CALIFORNIA, INC., A California Corporation PURPOSE: ACCESS, INGRESS, EGRESS, GRADING, CONSTRUCTION AND MAINTENANCE PURPOSES AND INCIDENTAL PURPOSES RECORDED: SEPTEMBER 19, 1991 AS FILE NO. 1991-0482776 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. DH 62. A DOCUMENT ENTITLED "AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE", DATED MARCH 9, 1992 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, a Municipal Corporation, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 1, 1992 AS FILE NO. 1992-0187218 OF OFFICIAL RECORDS. DI REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. DJ 63. AN INSTRUMENT ENTITLED "DEED RESTRICTION" DATED JULY 12, 1995, UPON THE TERMS, COVENANTS AND CONDITIONS AND RESTRICTION CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION, RECORDED AUGUST 22, 1995 AS FILE NO. 1995-0368883 OF OFFICIAL RECORDS. DK 64. A DOCUMENT ENTITLED "PETITION, WAIVER, AND CONSENT TO CREATION OF A FACILITY IMPACT FEE PROGRAM AND AGREEMENT TO PAY FAIR SHARE COST OF AVIARA PRELIMBC-9/23/93bk Page 22 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 F8 DL DH DN DO PARKWAY AND POINSETTIA LANE ("AGREEMENT")", DATED MAY 23, 1997 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP" AND CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 25, 1997 AS FILE NO. 1997-0296432 OF OFFICIAL RECORDS. 65. A DOCUMENT ENTITLED "CERTIFIED COPY OF RESOLUTION NO. 97-528 OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY", DATED JULY 8, 1997 EXECUTED BY THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JULY 22, 1997 AS FILE NO. 1997-0349124 OF OFFICIAL RECORDS. MATTERS AFFECTING PARCEL C: 66. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION PUBLIC UTILITIES, INGRESS AND EGRESS FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 67. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $125,000,000.00 DECEMBER 20, 1988 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AMERICAN SECURITIES COMPANY, A CORPORATION, SUCCESSOR BY MERGER TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS APRIL 14, 1989 AS FILE NO. 89-196177 OF OFFICIAL PREUMBC-9/23/93bk Page 23 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 DP DQ DR DS DT RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: DEED RESTRICTION (TRAIL) APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS APRIL 14, 1989 AS FILE NO. 89-19 6179 OF OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: EASEMENT JUNE 29, 1989 AS FILE NO. 89-345753 OF OFFICIAL RECORDS JUNE 29, 1989 AS FILE NO. 89-345754 OF OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: EASEMENT JUNE 29, 1989 AS FILE NO. 89-345759 OF OFFICIAL RECORDS JUNE 29, 1989 AS FILE NO. 89-345760 OF OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: EASEMENT JtJNE 29, 1989 AS FILE NO. 89-345761 OF OFFICIAL RECORDS JUNE 29, 1989 AS FILE NO. 89-345762 OF OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: EASEMENT AUGUST 7, 1989 AS FILE NO. 89-419898 OF OFFICIAL RECORDS SEPTEMBER 1, 1989 AS FILE NO. 89-473402 OF OFFICIAL PRELIMBC-9/23/93bk Page 24 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 DV DU- DW DX DZ RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1, 1990 AS FILE NO. 1990-298175 OF OFFICIAL RECORDS JUNE 1, 1990 AS FILE NO. 1990-298174 OF OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: WATER LINE AND TEMPORARY CONSTRUCTION EASEMENT APRIL 16, 1992 AS FILE NO. 1992-0221640 OF OFFICIAL RECORDS APRIL 16, 1992 AS FILE NO. 1992-0221641 OF OFFICIAL RECORDS AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: RECORDED: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1992 AS FILE NO. 1992-0406651 OF OFFICIAL RECORDS AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: RECORDED: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JANUARY 27, 1994 AS FILE NO. 1994-0060393 OF OFFICIAL RECORDS AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: RECORDED: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION SEPTEMBER 22, 1994 AS FILE NO. 1994-0563996 OF PREUMBC-9/23/93bk Page 25 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 EA EB' OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: DEED RESTRICTION AUGUST 22, 1995 AS FILE NO. 1995-0368883 OF OFFICIAL RECORDS AUGUST 22, 1995 AS FILE NO. 1995-0368885 OF OFFICIAL RECORDS AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: RECORDED: BY AGREEMENT RECORDED: EC 68. AN ASSIGNMENT RECORDED: EASEMENT JUNE 29, 1989 AS FILE NO. 89-345763 OF OFFICIAL RECORDS JUNE 29, 1989 AS FILE NO. 89-345764 OF OFFICIAL RECORDS DECEMBER 23, 1988 AS FILE NO. 88-661637 OF OFFICIAL RECORDS OF CERTAIN OF THE LESSOR'S INTERESTS UNDER LEASES REFERRED TO THEREIN, WHICH ASSIGNMENT RECITES, AMONG OTHER THINGS, THAT IT IS GIVEN AS ADDITIONAL SECURITY FOR THE OBLIGATION SECURED BY THE DEED OF TRUST RECORDED: FC 69. AN ASSIGNMENT RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS DECEMBER 23, 1988 AS FILE NO. 88-661637 OF OFFICIAL RECORDS OF CERTAIN OF THE LESSOR'S INTERESTS UNDER LEASES REFERRED TO THEREIN, WHICH ASSIGNMENT RECITES, AMONG OTHER THINGS, THAT IT IS GIVEN AS ADDITIONAL SECURITY. FOR THE OBLIGATION SECURED BY THE DEED OF TRUST RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS EO 70. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER, SHOWING PREUMBC-9/23/93bk Page 26 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 FD EE EF EG EH EI EJ DEBTOR: SECURED PARTY: RECORDED: PROPERTY COVERED: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA. DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS 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. AN AMENDMENT OF SAID FINANCING STATEMENT WAS RECORDED JANUARY 28, 1994 AS FILE NO. 1994-0065131 OF OFFICIAL RECORDS. AN AMENDMENT OF SAID FINANCING STATEMENT WAS RECORDED SEPTEMBER 22, 1994 AS FILE NO. 1994-0563997 OF OFFICIAL RECORDS. 71. 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. RELEASE OF DEED RESTRICTION (OPEN SPACE), RECORDED AUGUST 22, 1995 AS FILE NO. 1995-0368884 OF OFFICIAL RECORDS. 72. A DOCUMENT ENTITLED "AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE TRAIL)", DATED MARCH 13, 1989 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 73. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS", DATED MARCH 13, 1989 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS. 74 . A DOCUMENT ENTITLED "AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE", DATED MARCH 31, 1989 PREUMBC-9/23/93bk Page 27 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 EXECUTED BY AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS. EK 75. A DOCUMENT ENTITLED "AGREEMENT REGARDING UNITY OF CONTROL", DATED FEBRUARY 20, 1990 EXECUTED BY 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 Partnership AND BRAMALEA CALIFORNIA, INC., A California Corporation, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 16, 1990 AS FILE NO. 1990-204778 OF OFFICIAL RECORDS. EL REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. EM 76. A DOCUMENT ENTITLED "AN EASEMENT AND COVENANT REGARDING CATV SERVICE", DATED APRIL 17, 1990 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP J^D DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 1, 1990 AS FILE NO. 1990-298175 OF OFFICIAL RECORDS. EN REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. EO AN ASSUMPTION AND EASEMENT AGREEMENT DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY & BETWEEN DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND A-M HOMES, a California Limited Partnership RECORDED: JUNE 1, 1990 AS FILE NO. 1990-298179 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL 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. 1991-0168675 OF OFFICIAL RECORDS. FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE, RECORDED APRIL 15, 1991 AS FILE NO. 1991-0168678 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. EP 77. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT PRELIMBC-9/23/93bk Page, 28 Order No: 7333550 U50 SCHEDULE B (continued) Your Ref: AVIARA PLANNING AREA 19 AND 23 EQ ER ES ET EU EV EW 78, OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: SEPTEMBER 16, 1991 AS FILE NO. OFFICIAL RECORDS 1991-0475307 OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF WHICH IS STATED TO BE SUBORDINATE TO THE LIEN OF CERTAIN MORTGAGES OR DEEDS OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE PROVISIONS OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE EXTENDED TO INCLtJDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT RECORDED: FEBRUARY 24, 1994 AS FILE NO. 1994-0124630 OF OFFICIAL RECORDS SUPPLEMENTARY ANNEXATION FOR PHASE III AND ADEMINISTRATIVE MODIFICATION OF DECLARATION FOR AVIARA A MASTER PLANNED COMMUNITY, RECORDED AUGUST 13, 1997 AS FILE NO. 1997-0387556 OF OFFICIAL RECORDS. A DOCUMENT ENTITLED "AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE", DATED MARCH 9, 1992 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 1, 1992 AS FILE NO. 1992-0187218 OF OFFICIAL RECORDS. 79. A DOCUMENT ENTITLED "DEED RESTRICTION", DATED JULY 12, 1995 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 22, 1995 AS FILE NO. 1995-0368883 OF OFFICIAL RECORDS. 80. A DOCUMENT ENTITLED "PETITION, WAIVER, AND CONSENT TO CREATION OF A FACILITY IMPACT FEE PROGRAM AND AGREEMENT TO PAY FAIR SHARE COST OF AVIARA PARKWAY AND POINSETTIA LANE ("AGREEMENT")", DATED MAY 23, 1997 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 25, 1997 AS FILE NO. 1997-0296432 OF OFFICIAL RECORDS. PREUMBC-9/23/93bk LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use. or enjoyment of the land: (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been reco.'ded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser (or value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy: or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss o; damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that leyies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Reorder Form No. 12599 (Rev. 2/93) 09/26/97 16:55 CfiRLSBfiD UNIFIED ^ 2340349 NU.bYl Pld03/003 801 Pine Avenue • Carlsbad. CA 92008 aryJiJd Unified School District 801 Pin ^ (619) 729-9291 • FAX (619)729-9685 ...a world class district Septembei' 25, 1997 City of Carlsbad Plwning Dqiartment 1200 Carlsbad Village Drive Carisbad. CA 92008 Re. Project Name. Unknovtn Developer: Brehm Communities Locatbn: Aviara - Planning Area 23 Projea Sre: 61 Single-Family D\\clling Units (7.2 acres) Carlsbad Unified School District has reviewed the above projea and its impact on school attendance areas in ttiis District. At this time, the schools of anendance for this project are: Aviara Oaks Elementary &hool (K-6) 6900 Ambroaa Lane Carlsbd. Ca. 92009 (619)434-0686 'Valley Junior High School (7-8) 164S Magnolia Avenue Carlsbad. CA 92008 (619) 434-0641 Carlsbad High School (9-12) 3557 Monroe Stieet Carisbad. CA 92008 (619) 434-1726 Hie Goveming Board wishes to advise the City Planning Department and residents of Carlsbad that at present the Carlsbad Unified School District elemental)' schools are operating at full capacity. It is possible, therefore, that the students generated from this project may not attend the closest neighboriiood school due to overcrowded conditions and. in fact, may attend school across town. You should also be aware that there are no school buses for regular student transportation from home to school. The Governing Board wishes to also infomi you that conditions imposed upon new development within the City of Carlsbad requires mitigation of school impacts. Sincerely. John H. Blair Assistant Superintendentj^usiness Services cc: >^cR Miller. Project Design ConsulUmts URBAN SYSTEMS ^SOCMTES, INC. PLANNina S TRAFFIC ENGINEEHING, MAJV<ETINQ i PROJECT Sur>PORT CONSULTANTS TO INDUSTRY AND GOVERNMENT September 26, 1997 Richmond O'Neill Phone: (619) 293-7070 Project Manager FAX: (619) 293-3056 The Brehm Communities 2835 Camino Del Rio South, Suite 220 San Diego, CA 92108-3882 RE: Aviara Planning Areas 19 and 23 Dear Mr. O'Neill: As you requested. Urban Systems Associates, Inc. has evaluated Aviara Planning Areas 19 and 23 for conformance to the Aviara Phase 1,2 and 3 Tentative Tract Map traffic study dated December 7, 1992. Our evaluation indicates that the proposed development of both of these planning areas as residential uses would generate fewer average daily and peak hour vehicle trips than assumed in the traffic study for the Aviara Phase 1,2, and 3 Tentative Tract Map. Therefore, no additional unanticipated traffic impacts are expected from the development of these planning areas as proposed by The Brehm Communities and no short-term or long-term cumulative mitigation would be needed beyond that identified in the original traffic study. Furthermore, traffic mitigation improvements previously identified in the original traffic study have been completed or are the responsibility of others so that no traffic improvements, except street frontage improvements, would be needed until the development of these planning areas. Provided below are descriptions of the attachments and a summary of the Urban Systems evaluation: Attachments 1 and 2 show the conceptual plans for Planning Areas 19 and 23. As shown. Planning Area 19 is proposed as 90 attached dwelling units, and Planning Area 23 is proposed as 61 detached dwelling units. Attachment 3 shows an excerpt of land use and trip generation assumptions from the Aviara Phase 1, 2, and 3 Tentative Tract Map traffic study. As shown. Planning Area 003497 Page 1 of 3 A:\003497.wpd 4540 KEARNY VILLA ROAD, SUITE 106 • SAN DIEGO. CA 92123-1573 • (619) 560-4911 • FAX (619) 560-9734 The Brehm Communities September 27, 1997 Urban Systems Associates, Inc. 19 was assumed as 159 attached dwelling units and Planning Area 23 was assumed as 120,000 square feet of commercial use. The table below shows a comparison of trip generation between the previous land use assumption and the current planned uses for these areas. Previous Current Difference ADT AM PM ADT AM PM ADT AM PM ADT IN OUT IN OUT ADT IN OUT IN OUT /VL/ 1 IN OUT IN OUT PA 19 1,272 20 81 89 38 720 12 46 50 22 -552 -8 -35 -39 -16 PA 23 4,800 86 58 240 240 610 15 34 43 18 -4,190 -71 -24 -197 -222 rota/5 6,072 1,330 -4,742 As shown in this table. Planning Area 19 would generate 552 fewer average daily vehicle trips than previously expected with the original planning assumptions and peak hour trips would be lower also. Planning Area 23, previously planned as a neighborhood commercial use, would generate 4,742 fewer average daily vehicle trips, 95 fewer AM peak hour trips and 419 fewer PM peak hour trips. Attachment 4 shows the previously recommended transportation improvements expected from the Aviara Phase 1,2 and 3 Tentative Tract Map traffic study. As described below, the previously recommended transportation improvements have been completed or are the responsibility of other adjacent development: 1. The 1-5/Poinsettia Lane interchange improvements have been completed and are designed to accommodate buildout traffic volumes. 2. The Paseo Del Norte/Poinsettia Lane traffic signal has been installed in conjunction with the interchange improvements. 3. The Batiquitos Drive/Poinsettia Lane traffic signal has been installed. 4. The Alga Road/Poinsettia Lane intersection has a traffic signal installation in progress. 003497 Page 2 of 3 A:\003497.wpd The Brehm Communities Urban Systems Associates, Inc. September 27, 1997 5. Widening the south side of Alga Road in the eastbound direction approaching El Camino Real is a required fr-ontage improvement of the adjacent property. 6. Adding a northbound to westbound left turn lane at the Alga Road/Poinsettia Lane intersection is a required improvement of the adjacent development to the west. 7. Cassia Road is built through the Villa Loma multi-family housing project west of El Camino Real and a traffic signal is operational at the Cassia Road/El Camino Real intersection. Cassia Road will be constructed through the Poinsettia Hills project to the easterly boundary of Planning Area 19. Hillman properties will construct the Poinsettia Lane frontage improvements adjacent to Planning Area 19, and also construct Cassia Road between Poinsettia Lane and the Poinsettia Hill terminus of Cassia Road. Therefore, the city's cul-de-sac length and access roadway requirements will be satisfied for this project. 8. Same as 7 discussed above. 9. Traffic controls at Ambrosia Lane/Poinsettia Lane to be installed concurrently with Poinsettia Lane improvements. No other traffic improvements are recommended for the development of Planning Areas 19 and 23. If you have questions or need additional information, please give me a call. Sincerely, Sam P. Kab, II, P.E. Senior Traffic Engineer Attachments (4) 003497 Page 3 of 3 A:\003497.wpd ATTACHMENT 1 PLANNING AREA 19 CONCEPTUAL SITE PLAN AVIARA PLANNING AREA 19 CONCEPTUAL SITE PLAN CARLSBAD. CA. - BREHM COMMUNITIES LEGEND iMf 1 • tec V ofCKWTftetsfffiXmeo} fOMStrrntAiiemfnt iAsrif>N»c-MMTmrx>tm»n»d Ml »M.e»csroit!Sfrerfjio0T»orstcn KCtSTTOMvyirvmnoifmsTnnA/iJujeQrrcecrs • 'c^rntiAinuTtACx.wvctfKifiofWfott . M»citoa*MaifMT^uct-iitOvciHK»ft«mTn3 Mftcr Pnjtet Jhsign Conruttants — SOURCE Project Design Consultants URBAN SYSTEMS- NO SCALE AVIARA PLANNING AREAS 19 & 23 September, 1997 CD-B Aviara Attachment l.odr/dwg 003497 ATTACHMENT 2 PLANNING AREA 23 CONCEPTUAL SITE PLAN entry Landaeip* / Monumknt CONCEPTUAL SITE PLAN AVIARA P.A. 23 CARLSBAD, CA - BREHM HOMES SUMMARY 61 D.U. 45' X 90' LOTS 9.2 NET PAD ACRES 6.6 D.U. / ACRE NORTH BryMi M*nn« I Ai*eeUt«t SOURCE Bryan Menne and Associates URBAN SYSTEMS' September, 1997 CD-B Aviara Attachmerit 2.cdr/dwg AVIARA PLANNING AREAS 19 & 23 NO SCALE 003497 ATTACHMENTS r TABLE 3 AVIARA PHASE 1, 2, AND 3 TENTATIVE MAP TRIP GENERATION YEAR 1995 PLANNING AREA 5B 7C 90 12A 13C ISB 24B 26NA 27 LAND USB MFDU MFDU MFDU MFDU SFDU MFDU SFDU SFDU SFDU AMOUNT 50 UNIT 45 UNIT M UNIT 54 UNIT 25 UNIT 34 UNIT 50 UNIT 34 UNIT 35 UNIT 1996 SC II 12B 19 23 24C 25 26NB 28A 30A 32 32B MFDU RESTAURANT MFDU MFDU COMMERCIAL SFDU SFDU SFDU SFDU SFDU PARK CHURCH/ DAYCARE 1997 ISA MFDU 20A MFDU 2«SA SFDU 28B SFDU 29 SFDU 30B SFDU 47 UNIT 10 KSF 54 UNIT 159 UNIT 120 KSF 48 UNIT 34 UNIT 34 UNIT 20 UNIT 3J UNIT Z4J ACRES 4J ACRES 40 UNIT 20 UNIT 45 UNIT UNIT 32 UNIT 35 UNrr RATE 8 AJNIT 8 /UNIT 8 /UNIT 8 /UNIT 10 /UNIT 8 /UNIT 10 /UNIT 10 /UNIT 10 /UNIT 8 AJNIT 40 /KSF 8 /UNIT 8 /UNIT 40 /KSF 10 /UNIT 10 AJNIT 10 /UNIT 10 /UNIT 10 /UNIT 40 /ACRE 130 /ACRE ADT 400 360 208 432 250 272 500 340 350 376 400 432 1.272 4.800 480 340 340 200 350 980 585 AM% 30 4 35 102 144 38 27 27 16 28 39 99 IN/OUT 2 : 8 2 : 8 2 : 8 2 : 8 2 : 8 2 : 8 2 : 8 2 : 2 : 8 IN OUT 41 8 /UNIT 8 /UNIT 10 /UNIT 10 /UNIT 10 /UNIT 10 AJNIT PM% 38 32 43 127 480 48 34 34 20 35 78 105 IN/OUT 320 160 450 410 320 3S0 IN 26 22 30 89 240 34 24 24 14 25 39 53 OUT 12 11 6 13 8 8 IS 10 II II 10 13 38 240 14 10 10 6 11 39 53 10 5 14 12 10 II run AVIARAOtWOf • URBAN SYSTEMS' Amm PHASE i Z AAD 3 UiACr MAPS > m SOURCE Urban Systems Associates, Inc. Transportation Analysis for Aviara Phase 1,2, and 3 Tentative Tract Maps, December 7, 1992 00908SG2A September, 1997 CD-B Aviara Attachment l.cdr/dwg URBAN SYSTEMS' AVIARA PLANNING AREAS 19 & 23 003497 ATTACHMENT 4 B/BI OZOAAVtA-W 1993 OR 1004 INSTALL SIGNALS AT RAMPS CONCURRENT WITH INTERCHANQE IMPROVEMENTS • ORBAA/ SYSTEMS 00S08SG:?a SOURCE Urban Systems Associates, Inc. Transportation Analysis for Aviara Phase 1,2, and 3 Tentative Tract Maps, December 7, 1992 September, 1997 CD-B Aviara Attachment 4.cdr/dwg URBAN SYSTEMS' AVIARA PLANNING AREAS 19 & 23 003497 LEGEND 0 INDICATES PHOTO NUMBER AND DIRECTION (SEE FOLLOWING PAGES) PROJECT SITE PHOTO INDEX MAP NO SCALE r P.A. 23 - Photo No. 1 (Looking North - East) (Note: Current grading does not reflect proposed finished contours.) MISC/I310PHOTDOC P.A. 23 - Photo No. 2 (Looking South toward Aviara Parkway) (Note: Current grading does not reflect proposed finished contours.) MISC/1310PHOT.DOC P.A. 23 - Photo No. 3 (Looking South - West) (Note: Current grading does not reflect proposed finished contours.) MISC/1310PHOTDOC P.A. 23 - Photo No. 4 (Looking West) (Note: Current grading does not reflect proposed finished contours.) MISC/13 IOPHOT.DOC Notice of Determination 990208 To: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 XI County Clerk County of San Diego Mailstop 833, Attn: MITA PO Box 1750 San Diego, CA 92112-4147 From: CITY OF CARLSBAD Planning Department 2075 Eas Palmas Drive C^i:l^bad, CA 92009 '^760)438-1161 _ [P !' Gregorv J .Smith Recorrlor/County Cterk MAY 05 1999 8Y. Project No: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Cristalla - Aviara PA 23 Project Title City of Carlsbad, Mike Grim (760) 438-1161 ext. 4499 State Clearinghouse No. Lead Agency, Contact Person Telephone Number North the Aviara Parkway, east and west of Blackrail Road, City of Carlsbad, County of San Diego. Project Locations (include County) Project Description: Request to change land use from 142 multi-family units to 61 single family units and a Tract Map, Planned Unit Development Permit, and Coastal Development Permit to subdivide, grade and construct the 61 units. This is to advise that the City of Carlsbad has approved the above described project on April 20, 1999, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. 1^ This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were not made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project. 5. Findings were made pursuant to the provisions of CEQA. This is to certify that the fmal Prior Compliance with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. XWf^ii^ MICHAEL J. HOfcZMILifiR, Planning Director Date received for filing at OPR: Date DEPUT*' Revised October 1989 FILED IN THE OFFICE OF THE COUNTY CLERK MAY 0 5 1999 SAN DIEGO COUNTY ON. nr%c"T^r-r^ MAY 0 5 1999 ^ POSTED REMOVED. RETURNED TO ^ENCY ON DEPUTY STATE OF CAUFOBNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (6-91) 85755 Lead Agency: C-AVA-\ C cX'^Ho.rN Date: - 'o- ^ount^^tate Agency of Filing: _ : Document No.: ^C^Q^Z-D^ Project Title: C JT \^\oA\^ ^VOJTCX 9K O-'h \ Project Applicant Name: Phone Number: Project Applicant Address: Project Applicant fchecit appropriafe boxj; Local Public Agency Q School District Q Other Special District Q State Agency Q Private Entity I I CHECK APPLICABLE FEES: Environmental Impact Report $850.00 $ J Negative Declaration $1,250.00 $ Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ Projects Subject to Certified Regulatory Programs $850.00 $ County Administrative Fee $25.00 $ Project that Is exempt from fees ^ ^ TOTALJRECE ECEIVED $ ^ Signature and title of person receiving payment: V^^^^^J^y.^ p . .-.r,, JtO..,, FIRST COPY-PROJECT APPLICANT SECOND COPY-DFG/FASB THIRD COPY-LEAD AGENCY FOURTH COPY-COUNTY/STATE AGENCY OF FILING Citv of Carlsbad Planning Department PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: Project Location: Project Description: CRISTALLA - AVIARA PLANNING AREA 23 Northeast corner of Aviara Parkway and Black Rail Court, City of Carlsbad, County of San Diego, State of California. Master Plan Amendment, Local Coastal Program Amendment, Tract Map, Planned Development Permit and Coastal Development Permit to change the use allocations in Planning Area 23 from multi-family residential to small-lot single family residential, subdivide the property and develop 61 single family units. Justification for this determination is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of publication. DATED: CASE NO: CASE NAME: April 17, 1998 MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 CRISTALLA - AVIARA PA 23 PUBLISH DATE: April 17, 1998 Mu MICHAEL J. HOLZ Planning Director LER 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® CALIFORNIA DEPARTMENT OF FISH AND GAME PO BOX 944209 SACRAMENTO CA 94244-2090 CERTIFICATION OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (Include County): Cristalla - Aviara PA 23 - Northeast comer of Aviara Parkway and Black Rail Road, in the City of Carlsbad, County of San Diego, State of Cahfornia. Name and Address of Applicant: Brehm Companies, 5770 Oberlin Drive, San Diego CA 92121-1723 Project Description: Master Plan Amendment, LCP Amendment, Tentative Tract Map, Plaimed Unit Development Permit, Coastal Development Permit to change the use allocations and development standards in Planning Area 23 from multifamily residential to single family air space condominiums and to subdivide the property and develop 61 single family units. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Enviroimiental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the complete Environmental Initial Study, the City of Carlsbad Planning Department finds that the proposed project will not encroach upon wildlife habitat area, will have no potential adverse individual or cumulative effects on wildlife resources, and requires no mitigation measures to be incorporated into the proposed project which would affect fish or wildhfe. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. ICHAEL J. MLZNfij^LER MICHAEL Planning Director Lead Agency: CITY OF CARLSBAD Date: 5/3/^^ Section 711.4, Fish and Game Code DFG: 1/91 ^ « Fill COP^'f City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION March 23, 1999 Brehm-Aviara III Dev. Assn. LP 2835 Camino Del Rio So., Ste. 2 San Diego, CA 92108 SUBJECT: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 AVIARA PLANNING AREA 23 CRISTALLA - At the Planning Commission meefing of March 17, 1999, your application was considered. The Commission voted 7-0 to RECOMMENDED APPROVAL AS AMENDED your request. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 438-1161. Sincerely, MICHAEL J. HO Planning Director MILLER MJH:MG:mh Enclosed: Planning Commission Resolutions No. 4470, 4471, 4472, 4473, and 4474 2075 La Palmas Dr. • Carlsbad. CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® CITY OF CARLSBAD PROJECT PLANNER MIKE GRIM THOMAS & JERRY MASS 2851 TORRY CT CARLSBAD CA 92009 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 CA DEPT OF FISH & GAME STE 50 330 GOLDENSHORE DR LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 CARLSBAD UNIFIED SCHOOL DIST 801 PINE ST CARLSBAD CA 92008 CITY OF CARLSBAD WATER DISTRICT CITY OF CARLSBAD PUBLIC WORKS - ENGINEERING DEPT CITY OF CARLSBAD PUBLIC WORKS - COMM SVS MARGO E REEVES 6913 THRUSH PL CARLSBAD CA 92009 AVIARA RESORT ASSOC 7100 FOUR SEASONS PT CARLSBAD CA 92009 BREHM - AVIARA III DEVELOPMENT 5770 OBERLIN DR SAN DIEGO CA 92121-1723 H:\ADMIN\LABELS\LCP INTERESTED PARTIES UPDATED 11-96 CITY OF ENCINITAS COM DEV DEPARTMENT 505 S VULCAN AVE ENCINITAS CA 92024 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DRIVE ENCINITAS CA 92024 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE LOS ALAMITOS CA 90702 KENNETH E SULZER SANDAG - EXEC DIRECTOR 1ST INT'L PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92018 BILL McLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92009 LANIKAI LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 04011 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURAWAY CARLSBAD CA 92009 JOHN LAMB 1446 DEVLIN DRIVE LOS ANGELES CA 90069 MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & LAND USE DEPT JOAN VOKAC - SUITE B-5 5201 RUFFIN ROAD SAN DIEGO CA 92123 ANTHONY BONS 25709 HILLCREST AVE ESCONDIDO CA 92026 MR/MRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVISOR BILL HORN ATTN: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENCINITAS CA 92024 CARLENE TIMM SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 COPIES TO: • CITY CLERK • MAIN LIBRARY • BRANCH LIBRARY • WATER DISTRICT U.S. FISH & WILDLIFE SERVICES 2730 LOKER AVE WEST CARLSBAD CA 92008 LABELS-5163 LCPA MAILING LIST (GOVERNMENT AGENCIES) APPENDIX A (LIST IS REQUIRED BY COASTAL COMMISSION) SANDAG (SAN DIEGO COUNTY) WELLS FARGO PLAZA SUITE 800 401 B STREET SAN DIEGO CA 92101 DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL ROOM 700 no WEST A STREET SAN DIEGO CA 92101 OFFICE OF PLANNING AND RESEARCH OFFICE OF LOCAL GOVERNMENT AFAIRS 1400 TENTH STREET SACRAMENTO CA 95814 PUBLIC UTILITIES COMMISSION 350 MCALLISTER STREET SAN FRANCISCO CA 94103 DEPARTMENT OF FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 BUSINESS, TRANSPORTATION & HSG AGENCY WILLIAM G. BRENNAN DEPUTY SECRETARY AND SPECIAL COUNCIL SUITE 2450 980 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION ROOM 5504 1120 N STREET SACRAMENTO CA 95814 DISTRICT 11 CALTRANS TIM VASQUEZ, ENVIRONMENTAL PLANNING 2829 SAN JUAN ST SAN DIEGO CA 92138 RESOURCES AGENCY RM 1311 1416 NINTH STREET SACRAMENTO CA 95812 U. S. FISH AND WILDLIFE SERVICE SUITE 130 3310 EL CAMINO AVENUE SACRAMENTO CA 95821 COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN 1516 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF FISH AND GAME RONALD D REMPEL, CHIEF ENVIRONMENTAL SERVICES DIVISION RM 1341 1416 NINTH STREET SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR 350 GOLDEN SHORE LONG BEACH CA 90802 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIROMENTAL COORD RM 1516-2 1416 NINTH STREET SACRAMENTO CA 95814 SOUTHERN REGION JOHN WALSTROM, TECHNICAL SERVICES 8885 RIO SAN DIEGO DRIVE SAND DIEGO CA 92108 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION BILL TRAVIS 30 VAN NESS AVENUE SAN FRANCISCO CA 95814 STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE SACRAMENTO CA 95825-8202 WATER RESOURCES CONTROL BOARD PO BOX 100 SACARAMENTO CA 95801 REGIONAL WATER QUALITY CONTROL BOARD SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 BARRY BRAYER, AWP-8 FEDERAL AVIATION ADMINISTRATION WESTERN REGION PO BOX 92007 LOS ANGELES CA 90009 DEPARTMENT OF AGRICULTURE ATTN: GARY RESOURCE CONSERVATIONIST SUITE 102 2121-C SECOND STREET DAVIS CA 95616 USDA - RURAL DEVLOPMENT 430 ST DEPT 4169 DAVIS CA 95616 PACIFIC REGIONAL MANAGER NATIONAL OCEANIC AND ATMOSPHERIC ADMIN - OCRM, 55MC4 N/ORM - 3 1305 EAST-WEST HIGHWAY SILVER SPRING MD 20910 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PLACE NORTH WEST WASHE^GTON DC 2006 U.S. ARMY CORPS OF ENGINEERS SUITE 700 333 MARKET STREET SAN FRANCISCO CA 94105 DEPARTMENT OF DEFENSE LOS ANGELES DISTRICT ENGINEER POBOX 2711 LOS ANGELES CA 90053 DEPARTMENT OF ENERGY 611 RYAN PLAZA DR STE 400 ARLINGTON TX 76011-4005 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGENJEER SAN DIEGO CA 92132 U. S. BUREAU OF LAND MANAGEMENT 2135 BUTANO DRIVE SACRAMENTO CA 95825 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIRECTOR SUITE 350 901 MARKET STREET SAN FRANCISCO CA 94103 U. S. BUREAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDER CITY CO 89005 DEPARTMENT OF HOUSING AND URBAN DEVE DUNCAN LENT HOWARD, REGIONAL ADMIN 450 GOLDEN GATE AVENUE SAN FRANCISCO CA 94102 SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 1901 SPINNAKER DRIVE SAN BUENAVENTURA CA 93001 U. S. BUREAU OF RECLAMATION MID-PACIFIC REGION 2800 COTTAGE WAY SACRAMENTO CA 95825 BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARK DRAWER N 1111 2'^''STREET CRESCENT CITY CA 95531 CALIFORNIA COASTAL COMMISSION SUITE 200 3111 CAMINO DEL RIO NORTH SAN DIEGO CA 92108 Akira & Toshiko Muroya PO Box 9000-602 Carlsbad CA 92018 Charitable R Buerger PO Box 3 033 Carlsbad CA 92009 Linda Sugino-Shimokaji 1 Mahogany Run Goto De Gaza GA 92679 Charitable R Buerger PO Bcix),2OJ0^j^e^''ff^ Carl^i^adTCA 92009 Linda Sugino- 1 MahogapyRun Goto-BeCaza GA oka j i 92679 Kenneth Bertossi 7094 Aviara Dr Carlsbad GA 92009 Werner F & Ivy Astl 7085 Aviara Dr Carlsbad GA 92009 Amos & Shela Sotnmers 7092 Aviara Dr Carlsbad CA 92009 Eric P Grasshoff 7081 Aviara Dr Carlsbad GA 92009 Aviara Resort^As^Srs L P 7100 Blj^ IIgron-4>aj^y>c CarJrsiSad GA 92009 •'^^^""'^ Aviara Master Associati 2011 Palomar Airport Rd Carlsbad GA 92009 Aviara Resort 7100 Blue H^i^JiT PI Carlsbad--CA 92009 Woodrow W Martin 7053 Eider Ct Carlsbad GA 92 009 Aviara Master Associati 2251 San Diego Ave A250 San Diego GA 92110 Aviara Resort^sscs^L P 7100 /^ue,,"-'' * ^""^ Garl^ John D Orozco 6670 Towhee Ln Carlsbad GA 920 09 Devon Pickup 6664 Towhee Ln Carlsbad GA 92009 Laith Salem 6658 Towhee Ln Carlsbad GA 92009 Bernice T Teren 6654 Towhee Ln Carlsbad CA 92 009 Richard C Noia 6650 Towhee Ln Carlsbad GA 92009 Joseph & Rhonda Mahon 6646 Towhee Ln Carlsbad GA 92009 William D Palmer 6642 Towhee Ln Carlsbad GA 92 009 Gostas G & Gail Loullis 6638 Towhee Ln Carlsbad GA 92009 Marvin M & Simon Rotter 6634 Towhee Ln Carlsbad GA 92009 Aviara Master 2011 Palgma^Airport Rd CA 92009 Ghet Francisco 6905 Thrush Pi Carlsbad GA 92009 Mary F Cokeley 6909 Thrush PI Carlsbad GA 92009 Margo E Reeves,i,^ycr7^/2^A'/'^l, 3525 Del,^airTieightD Rd SanJD±ego GA '»!213 0 'J^oc^ Benjamin P Si.gler 6917 Thrush Pi Carlsbad CA 92009 Sheldon & Joan Horing 65 Cornell Dr Livingston NJ 07039 Richard W Roach 6904 Thrush Pi Carlsbad CA 92 009 Charles D Merritt 6908 Thrush Pi Carlsbad GA 92009 Timothy S Mitchell 6912 Thrush PI Carlsbad GA 92009 Arthur B Lesher 6916 Thrush PI Carlsbad GA 92 009 Lydia Manthei 2573 Laconia Ave Las Vegas NV 89121 Eugene Schwartz 6928 Thrush Pi Carlsbad CA 92009 Rel E & Nancy Schmitt 1550 Cormorant Dr Carlsbad GA 92009 Irving & Joanne Abeson 17500 Magnolia Blvd Encino CA 91316 Cicourel Edward N&Blanc 823 Inverness Dr Rancho Mirage GA 92270 Linda Polonsky 1561 Cormorant Dr Carlsbad GA 92009 Alan & Beverly Lubic 1565 Cormorant Dr Carlsbad CA 92009 Peter S & Helen Wilke 156 9 Cormorant Dr Carlsbad GA 92009 David S Smith 1560 Cormorant Dr Carlsbad CA 92009 Michael P & Donna Voss 11947 N Forest Dr Meguon WI 53 092 Osborn 1568 Cormorant Dr Carlsbad CA 92009 Leslie P Gonstantini 1572 Cormorant Dr Carlsbad GA 92 009 Craig M Tanner 1576 Cormorant Dr Carlsbad GA 92009 Karin M Tompkins 158 0 Cormorant Dr Carlsbad CA 92 009 Lee A Curtis 1584 Cormorant Dr Carlsbad CA 92009 Tonita K Nagle 8 Chesterfield Dr Voorheesville NY 12186 Tuat 6909 Avocet Ct Carlsbad GA 92 009 Betty L & Richard Dodge 6913 Avocet Ct Carlsbad GA 92009 Helen F Pearson 6917 Avocet Ct Carlsbad GA 92009 Joan M Danzinger 6904 Avocet Gt Carlsbad CA 92 009 Claris R Halliwell 6908 Avocet Ct Carlsbad CA 92009 Melinda G Gustavson 45320 Santa Fe Cv Indian Wells GA 92210 Mario E Peyrot 1600 Cormorant Dr Carlsbad GA 92009 Elmer A Kitinoja 1604 Cormorant Dr Carlsbad GA 92009 Akira & Toshiko PO Box 90i GarlsfeSfd GA 92018 5ya Alan Wise 1612 Cormorant Dr Carlsbad CA 92009 Rosie M Randenberg 125 E 83rd St 6 New York NY 10028 Stephanie A Williams 6909 Goldfinch Pi Carlsbad GA 92009 Edith E Gilbert 6913 Goldfinch Pi Carlsbad GA 92009 Richard W Stinson 6904 Goldfinch Pi Carlsbad CA 92009 er D Michael Kantrowitz 6912 Goldfinch Pi Carlsbad CA 92 009 Morton M Poznak 4 01 N Michigan Ave 1900 Chicago IL 60611 100 Aviara Master.^As^ciati 2251 San,.P±^go Ave A250 San J&dr^go GA 92110 Aviara Master Aset5ciati 2011 Palom^^^^Tfirport Rd Carlsbad-^ 92009 F S Aviara 7100 Four Seasons Pt Carlsbad GA 92 009 ociate 1 92009 Aviara Resort 7100 Garli Aviara Resort Assi 7100 Blue H^^olfPl CarlsbacKTA 92009 Aviara Resort 7100 Four Sear^ns Pt Carlsbad-^ 92009 F S Aviara 7100 Carl Dale G & Margaret Bone 7065 Tatler Rd Carlsbad CA 92009 OlympusScS G H Housing N 95 Argonaut 210 Aliso Viejo GA 92656-/^^^7 Woodrow W Martin 7053 Eider Ct Carlsbad GA 92009 Yvonne M Boyer 7057 Eider Gt Carlsbad GA 92009 Betty Bloomfield 7061 Tatler Rd Carlsbad CA 92009 Dale G & 706 Gar 92009 Brent B Norris 7069 Tatler Rd Carlsbad GA 92 009 Seacountry Homes Pa-15 3 Corporate Plaza Dr lOO Newport Beach CA 92660 Douglas S Deibert 7001 Surfbird Cir Carlsbad GA 92009 Nannette St Amour 7005 Surfbird Cir Carlsbad CA 92009 John E & Karen Kavan 7009 Surfbird Cir Carlsbad CA 92009 Wells 7013 Surfbird Cir Carlsbad CA 92009 Paul E Zwimpfer 7017 Surfbird Cir Carlsbad CA 92 009 Richard A Hughes PO Box 456 Del Mar GA 92014 Anne I Bergen 7025 Surfbird Cir Carlsbad GA 92 009 Robert G Turnauckas 7029 Surfbird Cir Carlsbad CA 92 009 Arthur Hickman 7033 Surfbird Cir Carlsbad GA 92009 Michael E & Jill Heijer 3 015 Fairweather PI Hunts Point WA 98004-/^^ At A Marea 7262 Surfbird Cir Carlsbad CA 92 009 Mary L Lowry 72785 Surfbird Cir Carlsbad CA 92009 Nirut Sirichanya 400 E Van Buren St Phoenix AZ 85004 650 Frederick A Baker 400 E Van Buren St Phoenix AZ 85004 650 Timothy H Farwell 7160 Surfbird Cir Carlsbad CA 92009 Kevin L Beddoe 713 0 Surfbird Cir Carlsbad GA 92 009 Timothy H Farwell 7160 Surfbird Gir Carlsbad GA 92 00 9 Akira & Toshiko Muroya 7170 Surfbird Cir Carlsbad GA 92009 David W Hylen 7203 Surfbird Gir Carlsbad CA 92009 Fah S & Polly Liew 7238 Surfbird Gir Carlsbad CA 92009 Kethleen M Emmert 7287 Surfbird Gir Carlsbad CA 92009 Marea 12636 Hig San Diegg. eown 'f Dr 3 00 92130 uff Dr 300 30 Aviara ResortJ^sScociat 12636 Hiab.-^sluff Dr 300 San Dleg&M^A 92130 omeown Dr 300 Inc <db Bluff Dr 300 30 Ting L & Lily Ho 7167 Surfbird Cir Carlsbad CA 92009 Jeffrey W Blakeman 7171 Surfbird Cir Carlsbad CA 92009 Bozidar Draskovic 7175 Surfbird Cir Carlsbad GA 92009 Ann Mckenna 7179 Surfbird Gir Carlsbad GA 92009 Jeff & Devon Manuel 7183 Surfbird Cir Carlsbad 92009 Kevin M Kienast 7187 Surfbird Cir Carlsbad CA 92009 Dennis E Cunningham 7119 Surfbird Gir Carlsbad GA 92009 Richard M Noble 7115 Surfbird Gir Carlsbad GA 92009 William W Fowler 7119 Surfbird Cir Carlsbad GA 92009 Jay G & Gorton Dicker 25 Biscayne Gt San Rafael GA 94901- Torsten M Symonds 7127 Surfbird Gir Carlsbad GA 92009 Ruth M Avery 7201 Lantana Ter Carlsbad GA 92009 Predrag Mitrovich 7135 Surfbird Gir Carlsbad CA 92009 John H Lindsey 713 9 Surfbird Gir Carlsbad CA 92009 Ranko Radojicic 7143 Surfbird Gir Carlsbad CA 92 009 Louis J & Janice Feiner 7147 Surfbird Gir Carlsbad GA 92009 Thomas Hageman 7151 Surfbird Gir Carlsbad GA 92009 Nachtsheim 7155 Surfbird Cir Carlsbad CA 92009 David & Clarke Kinsley 7163 Surfbird Gir Carlsbad CA 92 009 Akira & Toshiko Muroya 7159 Surfbird Gir Carlsbad GA 92 009 Samuel L & Linda Elam 7041 Surfbird Gir Carlsbad GA 92009 James R Miller 7045 Surfbird Gir Carlsbad GA 92 00 9 Allessandro Pedrazzani 7049 Surfbird Gir Carlsbad GA 92009 Michael S Joseph 7053 Surfbird Cir 14 Carlsbad CA 92009 Carol Kim 7057 Surfbird Cir Carlsbad CA 92 009 Robert 0 & Karen Lopp 7061 Surfbird Cir Carlsbad GA 92009 Timothy J Harris 7065 Surfbird Cir Carlsbad GA 92009 Jeffrey J Siegel 7069 Surfbird Cir Carlsbad CA 92009 Nirut Sirichanya 7073 Surfbird Gir Carlsbad CA 92009 James N Elliott 7077 Surfbird Gir Carlsbad CA 92009 Chang-Man & Jyung Park 824 Turnbridge Gir Naperville IL 60540 Richard Pino 7085 Surfbird Cir Carlsbad CA 92009 Thomas E Harkenrider 7097 Surbird Cir Carlsbad CA 92009 Daniel S Lankford 7089 Surfbird Cir Carlsbad CA 92009 Carmen J & Theresa Lupo 7093 Surfbird Cir Carlsbad CA 92009 Thomas E Hark^jia?iner 7097 Surfiiiara Cir Garl^fe^aCA 92009 Christian Albano 7099 Surfbird Cir Carlsbad GA 92009 John G Fornal 7103 Surfbird Gir Carlsbad CA 92009 Jacob & Kimberly Nyberg 7107 Surfbird Cir Carlsbad CA 92009 David P & Shelly Kelly 7111 Surfbird Gir Carlsbad GA 92009 Marianne B Lawrence 7076 Surfbird Cir Carlsbad CA 92 009 Steve & Audrey Wehba 7064 Surfbird Gir Carlsbad GA 92009 Thomas F Fleming 7070 Surfbird Gir Carlsbad GA 92 009 Marianne B 7076 Siirj GarlsbSd CA nee Cir 92009 Alfred Rodriguez 7082 Surfbird Gir Carlsbad GA 92009 Baker 7088 Surfbird Gir 7118 Carlsbad GA 92009 GA 92009 George G Tuck 7094 Surfbird Cir Carlsbad CA 92009 Mary K Ryan 7100 Surfbird Cir Carlsbad CA 92 009 Bob R & Rosie Crawford 7106 Surfbird Cir Carlsbad CA 92009 Don M St. Sharon Kitchen 7112 Surfbird Gir Carlsbad GA 92009 Jennifer Price 7118 Surfbird Cir Carlsbad CA 92 009 Fah S & Polly Liew 7231 Surbird Cir Carlsbad GA 92009 L & Investments Jn©—<r3b 12636 High^JfitiEf'Dr 300 San DietJoCA 9213-0^ Wade One 7251 Surfbird Cir Carlsbad CA 92009 Lisa Butterbrodt 7191 Surfbird Gir Carlsbad CA 92009 Michael^ Deblassis 7195 Surfbird Gir Carlsbad CAN 92009 Wade 7521 Surfbird Gir Carlsbad GA 92009 William P Jennings 7203 Surfbird Gir Carlsbad CA 92009 Robert L Pope 7207 Surf^rd Cir Carlsbad cA 92009 Susan Hayward 7211 Surfbird Gir Carlsbad CA 92009 Betty J Schnitzer 7215 Surfbird Cir Carlsbad CA 92009 Occupant 6521 El Camino Real Carlsbad GA 92009 Occupant 6913 Thrush Pi Carlsbad CA 92009 Occupant 6921 Thrush Pi Carlsbad CA 92009 Occupant 6904 Thrush PI Carlsbad GA 92009 Occupant 6920 Thrush Pi Carlsbad GA 92009 Occupant 6924 Thrush Pi Carlsbad GA 92009 Occupant 1554 Cormorant Dr Carlsbad CA 92 009 Occupant 1558 Cormorant Dr Carlsbad GA 92009 Occupant 6905 Goldfinch PI Carlsbad GA 92009 Occupant 6908 Goldfinch PI Carlsbad GA 92009 Occupant 6916 Goldfinch Pi Carlsbad GA 92009 Occupant 7021 Surfbird Gir Carlsbad CA 92009 Occupant 7037 Surfbird Gir Carlsbad GA 92009 Occupant 7089 Surfbird Gir 7111 Carlsbad GA 92009 *** 14 Printed *** City of Carlsbad Planning Department NOTICE OF PUBLIC HEARyNG COMPLETE DATE: December 15, 1997 DESCRIPTION: Request for a Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Plaimed Unit Development and Coastal Development Permit to allow the subdivision and construction of a 61 unit, single-family air-space condominium development on pregraded pads located in Aviara Planning Area 23. LOCATION: This project is within the City of Carlsbad's Coastal Zone located at the nbrtheast comer of Aviara Parkway and Black Rail Road, in Local Facilities Management Zone 19. ASSESSOR'S PARCEL NUMBER: 215-080-24 APPLICANT: Brehm-Aviara III Development Assn. LP 2835 Camino Del Rio So., Ste. 2 San Diego, CA 92101 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Califomia, on March 17, 1999 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after March 11, 1999. If you have any questions, or would like to be notified of the decision, please contact Mike Grim at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, Califomia 92009, (760) 438- 1161, extension 4499. 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ^ APPEALS The time within which you may judicially challenge this Master Plan Amendment. Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit, if approved, is established by state law and/or city ordinance, and is veiy short. If you challenge the Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Plaimed Unit Development and Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: I I This site is located within the Coastal Zone Appealable Area. ^ This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action fi-om the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3111 Camino Del Rio North, Suite 200, San Diego, Califomia 92108-1725. CASE FILE: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 CASE NAME: CRISTALLA - AVIARA PA 23 PUBLISH: MARCH 4, 1999 AFPORT 7JJ ll- llll SITE BATIOtllTOS LAGOON LA COST^ ••••^ tc CRISTALLA - AVIARA P.A. 23 MP 177(X)/LCPA 97-11/CT 97-20/ PUD 97-17/CDP 97-51 PROOF OF PUBLIOWTION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: March 4 1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. San Marcos , , 4th Dated at California, this day March, 1999 of Signature NORTH COUNTY TIMES Legal Advertising This space iSPrthe County Clerk's Filing Stamp Proof of Publication of J'ubxlic JfearjjTg_ NOTICE OF PUBLIC HEARING COMPLETE DATE: December 15,1997 DESCRIPTION' Request for a Master Plan Amendment Local Coastal Pro-gram Amendment, Tentative Tract Map, Planned Unit Deve -ooment and Coastal Development Permit to allow the subdi-v^ion and construction of a 61 unit single-farriily air-space condominium development on pregraded pads located in Aviara Planning Area 23. This project' is within the City of Carlsbad's Coastal Zone lo- cated at the northeast corner of Aviara Parkway and Black Rail Road, in Local Facilities Management Zone 19. ASSESSdR'S PARCEL NUMBER: 215-080-24 APPLICANT Brehm-Aviara III Development Assn. LP, 2835 Camino Del Rio So., Ste. 2 San Diego, CA 92101. A public hearing on the above proposed pro|ect will be he^d bv the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on March 17, 1999 at 6:00 p.m. . Persons are cordially invited to attend the public heanng and provide the decision makers with any oral or written comments they may have regarding the proiect. Tfie project will be described and a staff recommendation given, fol-lowed by public testimony, questions and a decision. Copies of the staff report will be available on or after March 11, 1999 If voii have any questions, or would like to be notified of the decision, please contact Mike Grim at the City of Carlsbad Planning Department, Monday through Thursday 7:30 ajn. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 L.as Pal- mas Drrve, Carlsbad, Califomia 92009, (760) 438-1161, ex-tension 4499. APPEALS The time within which you may judicially challenge this Mas-ter Plan Amendment, Local Coastal Program Amendment Tentative Tract Map, Planned Unit Cfevelopment and Coastal Development Permit, if approved, is established by state law and/or city ordinance, and is very short If you challenge the Master Plan Amendment, Local CpastaJ Pro-gram Amendment, Tentative Tract Map, Planned Uriit Devel-opment and Coastal Development Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City ot Carlsbad prior to the public hearing. . 1 Appeals to the City Council: Where the decision is ap-pealable to the City Council, appeals must t>e filed in writing within ten (10) calendar days after a decision by the Plan-ning Commission. ,, „ . . 2. Coastal Commission Appealable Project: This site is not located within the Coastal Zone Appealable Where the decision is appealable to the Coastal Commis- aopeals must be filed with the Coastal Commission within ten (10) working days after the Costal Commission has re-ceived a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3111 Camino Del Rio North, Suite 200, San Oago, CalHornia 92108-1725. CASE FILE: MP 177()^)/LCPAff7-11/CT 97-20/PUD 97-17/CDP 97-51 CASE NAME: CRIST\LLA-AVIARA PA 23 ^ CRISTALLA - AVIARA P.A. 23 MP 177(XyUCPA 97-11/CT 97-20/ PUD 97-17/CDP 97-51 Legal 60945 March 4,1999 m (2010 & 2011 C.QV) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21. 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to-wit: FEb. 4, 1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. S>an Marcos Dated at California, this 4th day of FKh. 1999 NORTH COUNTY TIMES Legal Advertising This space isior the County Cleri<'s Filing Stamp Proof of Publication of Public Hearing NOTICE OF PUBUC HEARING COMPLETE DATE: DecamlMr 15,1997 DESCRIPTION: Request for a Master Plan Amendment, Local Caostal Pro-gram Amendment, Tentative Tract Map, Planned Unit De-velopment and Coastal Development Permit to allow the suboivision and construction of a 61 unit, single-family air-space condominium development on pregraded pads locat-ed in Aviara Planning Area 23. LOCATION: This project is within the City of Carlsbad's Coastal Zone located at the northeast comer of Aviara Park-way and Black Rail Road, in Local Facilities Management Zone 9. ASSESSOR'S PARCEL NUMBER: 215-080-24 APPLICANT: Brehm-Aviara III Development Assn. LP 2835 Camino Del Rio So., Ste. 2, San Diego, CA 92101 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Califomia, on Feb-ruary 17,1999 at 6:00 p.m. Persons are cordially Invited to attend the public hearing and provide the decision makers with any oral or written comments ttiey may have regarding the project. The project will be descrt6ed.and a staff reco0un9nd9tlco..9iyAn,.£olr lowed by public testimony, questidns ahd a decision. Copies of the staff report will be available on or after February 11, 1999 If you have any questions, or would like to be notified of the decision, please contact Mike Grim at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00jj.m. at 2075 Las Pal-mas Drive, Carlsbad, Califomia 92009, (760) 438-1161, ex-tension 4499. APPEALS The time within which you may judicially challenge this Mas-ter Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit, If appmved, is established by state law and/or city ordinance, aritl is very short. If you challenge the Master Plan Amendrnent, Local Costal Pro-gram Amendment, Tentative Tract Map, Planned Unit De-velopment and Coastal Development Permit in court, you may be limited to raising only those Issues you or someone else raised at ttie public hearing described in this notice, or in written correspondence delivered to the City of Carisbad prior to the public heariiig. 1. Appeals to the City Council: Where ttie decision is ap-pealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Plan-ning Commission. 2. Coastal Commission Appealable Project: This site Is not kx^ted within the Coastal Zone Appealable Where the decision is appealable to ttie Coastal Commis-sion, appeals must be filed with ttie Coastal Commission within ten (10) woridng da^ after ttie Costal Commission has re-ceived a Notice of Final Action from the City of Carlsbad. Applicants will be nottfied by the Coastal Commission of the date ttiat their appeal period will conclude. The San Diego office of the Coastal Commission is kx^ted at 3111 Camino Dei Rio North, Suite 200, San Diego, California 92108-1725. CASE FILE: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 CASE NAME: CRISTALLA- AVIARA PA 23 CRISTALLA - AVIARA 23 MP177(XyLCPAft7't1/CT87.2af PUD97-17/COP97-S1 Legal 60632 Febmary 4,1999 fTi^ copy Citv of Carlsbad Planning Department NOTICE OF PUBLIC HEARING COMPLETE DATE: December 15, 1997 DESCRIPTION: Request for a Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit to allow the subdivision and construction of a 61 unit, single-family air-space condominium development on pregraded pads located in Aviara Planning Area 23. LOCATION: This project is within the City of Carlsbad's Coastal Zone located at the northeast comer of Aviara Parkway and Black Rail Road, in Local Facilities Management Zone 19. ASSESSOR'S PARCEL NUMBER: 215-080-24 APPLICANT: Brehm-Aviara III Development Assn. LP 2835 Camino Del Rio So., Ste. 2 San Diego, CA 92101 A public hearing on the above proposed project will be held by the Plarming Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Califomia, on February 17, 1999 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after February 11, 1999. If you have any questions, or would like to be notified of the decision, please contact Mike Grim at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carisbad, Cahfornia 92009, (760) 438- 1161, extension 4499. 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ^ APPEALS The time within which you may judicially challenge this Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: I I This site is located within the Coastal Zone Appealable Area. [XI This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3111 Camino Del Rio North, Suite 200, San Diego, Califomia 92108-1725. CASE FILE: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 CASE NAME: CRISTALLA - AVIARA PA 23 PUBLISH: FEBRUARY 4, 1999 ARPORT ••••If" •••• RD ••• • • ••••^ < UJ c BATIOUITOS LAGOCMV COSTA CRISTALLA - AVIARA P.A. 23 MP 177(X)/LCPA 97-11/CT 97-20/ PUD 97-17/CDP 97-51 Akira & Toshiko Muroya PO Box 9000-602 Carlsbad CA 92 018 Charitable R Buerger PO Box 3 033 Carlsbad CA 920 09 Linda Sugino-Shimokaji 1 Mahogany Run Coto De Caza CA 92679 Charitable R Buerger PO Box 3 033 Carlsbad CA 92 009 Linda Sugino-Shimokaji 1 Mahogany Run Coto De Caza CA 92679 Kenneth Bertossi 7094 Aviara Dr Carlsbad CA 92009 Werner F & Ivy Astl 7085 Aviara Dr Carlsbad CA 92009 Amos £c Shela Sommers 7092 Aviara Dr Carlsbad CA 92009 Eric P Grasshoff 7081 Aviara Dr Carlsbad CA 92009 Aviara Resort Asses L P 7100 Blue Heron Pi Carlsbad CA 92009 Aviara Master Associati 2 011 Palomar Airport Rd Carlsbad CA 92009 Aviara Resort Asses L P 7100 Blue Heron Pi Carlsbad CA 92009 Matthew G & Mary Grisci 7113 Tatler Rd Carlsbad CA 92009 Aviara Master Associati 22 51 San Diego Ave A250 San Diego CA 92110 Aviara Resort Asses L P 7100 Blue Heron Pi Carlsbad CA 92009 John D Orozco 6670 Towhee Ln Carlsbad CA 9200 9 Devon Pickup 6664 Towhee Ln Carlsbad CA 92009 Laith Salem 6658 Towhee Ln Carlsbad CA 92009 Bernice T Teren 66 54 Towhee Ln Carlsbad CA 92009 Richard C Noia 6650 Towhee Ln Carlsbad CA 92009 Joseph & Rhonda Mahon 6646 Towhee Ln Carlsbad CA 92009 William D Palmer 6642 Towhee Ln Carlsbad CA 92009 Costas C & Gail Loullis 663 8 Towhee Ln Carlsbad CA 92009 Marvin M & Simon Rotter 6634 Towhee Ln Carlsbad CA 92009 Aviara Master Assn 2011 Palomar Airport Rd Carlsbad CA 92009 Chet Francisco 6 905 Thrush Pi Carlsbad CA 92009 Mary F Cokeley 6 909 Thrush Pi Carlsbad CA 92009 Margo E Reeves 3525 Del Mar Heights Rd San Diego CA 9213 0 Benjamin P Sigler 6 917 Thrush Pi Carlsbad CA 92009 Sheldon & Joan Horing 65 Cornell Dr Livingston NJ 0703 9 Richard W Roach 9904 Thrush Pi Carlsbad CA 92 009 Charles D Merritt 6 908 Thrush PI Carlsbad CA 92009 Timothy S Mitchell 6912 Thrush Pi Carlsbad CA 92 009 Arthur B Lesher 6916 Thrush Pi Carlsbad CA 92009 Lydia Manthei 2573 Laconia Ave Las Vegas NV 89121 Jean P Robinat 16 Place St Die San Diego CA 92121 Eugene Schwartz 6928 Thrush Pi Carlsbad CA 92009 Rel E & Nancy Schmitt 1550 Cormorant Dr Carlsbad CA 92009 Irving & Joanne Abeson 17500 Magnolia Blvd Encino CA 91316 Cicourel Edward N&Blanc 823 Inverness Dr Rancho Mirage CA 92270 Linda Polonsky 1561 Cormorant Dr Carlsbad CA 92009 Alan & Beverly Lubic 1565 Cormorant Dr Carlsbad CA 92 00 9 Peter S & Helen Wilke 156 9 Cormorant Dr Carlsbad CA 92009 David S Smith 156 0 Cormorant Dr Carlsbad CA 92009 Michael P & Donna Voss 11947 N Forest Dr Mequon WI 53 0 92 Osborn 1568 Cormorant Dr Carlsbad CA 92009 Leslie Constantini PO Box 9854 Rancho Santa Fe C 92067 Craig M Tanner 1576 Cormorant Dr Carlsbad CA 92009 Karin M Tompkins 1580 Cormorant Dr Carlsbad CA 92009 Lee A Curtis 1584 Cormorant Dr Carlsbad CA 92009 Tonita K Nagle 8 Chesterfield Dr Voorheesville NY 12186 Tuat 6 90 9 Avocet Carlsbad CA Ct 92009 Betty L & Richard Dodge 6 913 Avocet Ct Carlsbad CA 92009 Helen F Pearson 6 917 Avocet Ct Carlsbad CA 92009 Joan M Danzinger 6904 Avocet Ct Carlsbad CA 92009 Claris R Halliwell 6908 Avocet Ct Carlsbad CA 92009 Melinda C Gustavson 45320 Santa Fe Cv Indian Wells CA 92210 Mario E Peyrot 1600 Cormorant Dr Carlsbad CA 92 009 Elmer A Kitinoja 16 04 Cormorant Dr Carlsbad CA 92009 Akira & Toshiko Muroya PO Box 9000-602 Carlsbad CA 92018 Alan Wise 1612 Cormorant Dr Carlsbad CA 9200 9 Rosie M Randenberg 125 E 83rd St 6 New York NY 10028 Stephanie A Williams 6909 Goldfinch PI Carlsbad CA 92009 Edith E Gilbert 6913 Goldfinch Pi Carlsbad CA 92009 Richard W Stinson 6 904 Goldfinch Pi Carlsbad CA 92009 Charles G Mccaig 16516 Bernardo Center C San Diego CA 92128 Michael Kantrowitz 6912 Goldfinch Pi Carlsbad CA 92 009 Morton M Poznak 4 01 N Michigan Ave 1900 Chicago IL 60611 Horton D R Inc 10179 Huennekens St 100 San Diego CA 92121 Aviara Master Associati 2251 San Diego Ave A250 San Diego CA 92110 Aldea At Aviara Homeown 10179 Huennekens St 100 San Diego CA 92121 Aviara Resort Associate 7100 Blue Heron Pi Carlsbad CA 92009 Aviara Master Associati 2011 Palomar Airport Rd Carlsbad CA 920 0 9 Aviara Resort Associate 7100 Blue Heron Pi Carlsbad CA 92009 Aviara Resort Club Owne 7100 Four Seasons Pt Carlsbad CA 92009 F S Aviara 7100 Four Seasons Pt Carlsbad CA 92009 Aviara Resort Club Owne 7100 Four Seasons Pt Carlsbad CA 92009 F S Aviara 7100 Four Seasons Pt Carlsbad CA 92009 Dale G & Margaret Bone 7065 Tatler Rd Carlsbad CA 9200 9 Seacountry Homes Pa 15 95 Argonaut 210 Aliso Viejo CA 92656 Seacountry Homes Pa-15 3 Corporate Plaza Dr 10 Newport Beach CA 92660 Robert M Chaddock 7 029 Crane Ct Carlsbad CA 92009 James V Grasso 7025 Crane Ct Carlsbad CA 92009 Jeffrey & June Stark 7021 Crane Ct Carlsbad CA 92 009 Byong I & Yoon Min 7033 Crane Ct Carlsbad CA 92009 John T & Mary Cooke 7037 Crane Ct Carlsbad CA 92009 Kathryn J Kimmel 7041 Crane Ct Carlsbad CA 92009 Norman L Abelson 7073 Tatler Rd Carlsbad CA 92009 David T & Sarah White 7077 Tatler Rd Carlsbad CA 92009 Bob & Rosemary Levin 7081 Tatler Rd Carlsbad CA 92009 Alan Wi{ 16l2,.-eormorant Dr Carlsbad CA 92009 Rosie M Randenberg 125 E 83rd St 6 New York NY 10028 Stephanie A Williams 6909 Goldfinch Pi Carlsbad CA 92009 Edith E Gilbert 6913 Goldfinch PI Carlsbad CA 920 0 9 Richard W Stinson 6904 Goldfinch PI Carlsbad CA 92009 Charles G Mccaig 16516 Bernardo Center C San Diego CA 92128 Michael Kantrowitz 6912 Goldfinch PI Carlsbad CA 92 0 09 Morton M Poznak 4 01 N Michigan Ave 1900 Chicago IL 60611 Horton D R Inc 10179 Huennekens St 100 San Diego CA 92121 Aviara Master Associati 2251 San Diego Ave A250 San Diego CA 92110 Aldea At Aviara Homeown 10179 Huennekens St 100 San Diego CA 92121 Aviara Resort Associate 7100 Blue Heron Pi Carlsbad CA 92009 Aviara Master Associati 2011 Palomar Airport Rd Carlsbad CA 92009 Aviara Resor^--A§'sociate 7100 ^Iwe-Tleron Pi Carlsbad CA 92009 Aviara Resort Club Owne 7100 Four Seasons Pt Carlsbad CA 92009 F S Aviara 7100 Four Seasons Pt Carlsbad CA 92009 Aviara Resort XH-ttb^wne 7100 FjiVHr-Seasons Pt C^.plr&'fiad CA 92009 F S Aviara 7100 Four"§easons Pt Carlsbad CA 92009 Dale G ^ Ma-rg^f^t RonP. 7065Tatler Rd rlsbac 92009 Carls Robert M Chaddock 7029 Crane Ct Carlsbad CA 920 09 ry Homes Pa 15 95 Argonaut 210 Aliso Viejo CA 92656 ames V Grasso 7025--J^rane Ct Carlsbaa--C4^ 9200 9 Seacountry Homes^a^i5 3 Corporate PJL-aiza Dr 10 Newport Beach CA 92660 Jeffrey & June Stark 7021 Crane Ct Carlsbad CA 92009 Byong I St Yoon Min 703 3 Crane Ct Carlsbad CA 92009 Jo)xti T & Mary Cooke ''03 7 Crane Ct Carlsbad CA 92 009 Kathryn J Kimmel 7-041 Crane Ct Carlsbad CA 92009 Norman L Abels 7073 Tatler Carlsbad CA 92 009 David T & Sarah White 7077 Tatler Rd Carlsbad CA 92 009 Bob & Rosemary Levin 7081 Tatler Rd Carlsbad CA 92009 David J Dezzani 1381 Puffin PI Carlsbad CA 92009 Gary R Friedman 1385 Puffin PI Carlsbad CA 92009 Stuart L Cohen 3 8 Byron Ave Morristown NJ 07960 Victoria E Niemi 1393 Puffin PI Carlsbad CA 92009 Douglas S Deibert 7001 Surfbird Cir Carlsbad CA 92009 Nannette St Amour 7005 Surfbird Cir Carlsbad CA 92009 John E Sc Karen Kavan 7009 Surfbird Cir Carlsbad CA 92 009 Wells 7013 Surfbird Cir Carlsbad CA 92009 Paul E Zwimpfer 7017 Surfbird Cir Carlsbad CA 92009 Richard A Hughes PO Box 456 Del Mar CA 92014 Anne I Bergen 7025 Surfbird Cir Carlsbad CA 92009 Robert C Turnauckas 7029 Surfbird Cir Carlsbad CA 92009 Arthur Hickman 7033 Surfbird Cir Carlsbad CA 92 00 9 Michael E & Jill Heijer 915 5th Ave W Seattle WA 98119 At A Marea 7262 Surfbird Cir Carlsbad CA 92009 Mary L Lowry 72785 Surfbird Cir Carlsbad CA 92009 Nirut Sirichanya 4 00 E Van Buren St Phoenix AZ 85004 Frederick A Baker 650 400 E Van Buren St 650 Phoenix AZ 85004 Timothy H Farwell 7160 Surfbird Cir Carlsbad CA 92009 David W Hylen 7203 Surfbird Cir Carlsbad CA 9200 9 Fah S & Polly Liew 7238 Surfbird Cir Carlsbad CA 9200 9 Kethleen M Emmert 7287 Surfbird Cir Carlsbad CA 92 00 9 Marea At Aviara Homeown 12636 High Bluff Dr 300 San Diego CA 92130 Aviara Resort Asscociat 12636 High Bluff Dr 300 San Diego CA 9213 0 Aviara MasterAssR—' 12636 Highr-BTuff Dr 300 S^Xi-Biego CA 92130 Aviara Resort Assc 12636 High^Birtrft^r 300 San ni«g6CA 92130 Marea At Aviara Homeown 12636 High,..Eltt€*-Dfr^0 San Diegb CA 92130 L Sc Investments Inc <db 12636 High Bluff Dr 300 San Diego CA 9213 0 Ting L & Lily Ho 7167 Surfbird Cir Carlsbad CA 92009 Jeffrey W Blakeman 7171 Surfbird Cir Carlsbad CA 92009 5 Bozidar Draskovic 7175 Surfbird Cir Carlsbad CA 92 0 09 Ann T Mckenna 7179 Surfbird Cir Carlsbad CA 92009 Jeff & Devon Manuel 7183 Surfbird Cir Carlsbad CA 92009 Kevin M Kienast 7187 Surfbird Cir Carlsbad CA 92 009 Dennis E Cunningham 7119 Surfbird Cir Carlsbad CA 92009 L Sc Investments Inc <db 12636 High Bluff Dr 300 San Diego CA 9213 0 Carol Kim 12636 High Bluff Dr 300 San Diego CA 92130 Robert 0 & Karen Lopp 12636 High Bluff Dr 300 San Diego CA 92130 Timothy J Harris 12636 High Bluff Dr 300 San Diego CA 9213 0 Thomas E Harkenrider 7097 Surbird Cir Carlsbad CA 920 09 Marianne B Lawrence 7076 Surfbird Cir Carlsbad CA 92 009 Baker 7088 Surfbird Cir 7118 Carlsbad CA 92 009 Fah S Sc Polly Liew 7231 Surbird Cir Carlsbad CA 92009 Lisa Butterbrodt 7191 Surfbird Cir Carlsbad CA 92009 Michael Deblassis 7195 Surfbird Cir Carlsbad CA 92009 Wade 7521 Surfbird Cir Carlsbad CA 92009 William P Jennings 7203 Surfbird Cir Carlsbad CA 92009 Robert L Pope 7207 Surfbird Cir Carlsbad CA 92009 Susan Hayward 7211 Surfbird Cir Carlsbad CA 92009 Betty J Schnitzer 7215 Surfbird Cir Carlsbad CA 92009 Aviara Master Assn 12636 High Bluff Dr 300 San Diego CA 92130 Brehm-Aviara Iii Develo 2835 Camino Del Rio S 2 San Diego CA 92108 *** 142 Printed *** A no* all ( tiste. Date — Signature oo mailed » -3/occupan» 215-040-03 Occupant 6521 El Camino Real Carlsbad CA 92 00 9 215-650-01-03 Occupant 6913 Thrush Pi Carlsbad CA 92009 215-650-01-05 Occupant 6921 Thrush Pi Carlsbad CA 92009 215-650-01-06 Occupant 6904 Thrush PI Carlsbad CA 92 00 9 215-650-01-10 Occupant 692 0 Thrush Pi Carlsbad CA 92009 215-650-01-11 Occupant 6924 Thrush Pi Carlsbad CA 92009 215-650-01-14 Occupant 1554 Cormorant Dr Carlsbad CA 92009 215-650-01-15 Occupant 1558 Cormorant Dr Carlsbad CA 92009 215-650-05-01 Occupant 6905 Goldfinch Pi Carlsbad CA 92009 215-650-05-05 Occupant 6908 Goldfinch Pi Carlsbad CA 92009 215-650-05-07 Occupant 6916 Goldfinch Pi Carlsbad CA 92009 215-830-01-06 Occupant 7021 Surfbird Cir Carlsbad CA 92 009 215-830-01-10 Occupant 7037 Surfbird Cir Carlsbad CA 920 09 215-830-24 Occupant 7089 Surfbird Cir 7111 Carlsbad CA 92009 *** 14 Printed *** Citv of Carlsbad Planning Department NOTICE OF PUBLIC HEARING COMPLETE DATE: December 15, 1997 DESCRIPTION: Request for a Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Plaimed Unit Development and Coastal Development Permit to allow the subdivision and construction of a 61 unit, single-family air-space condominium development on pregraded pads located in Aviara Planning Area 23. LOCATION: This project is within the City of Carlsbad's Coastal Zone located at the northeast comer of Aviara Parkway and Black Rail Road, in Local Facilities Management Zone 19. ASSESSOR'S PARCEL NUMBER: 215-080-24 APPLICANT: Brehm-Aviara III Development Assn. LP 2835 Camino Del Rio So., Ste. 2 San Diego, CA 92101 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Califomia, on March 17, 1999 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after March 11, 1999. If you have any questions, or would like to be notified of the decision, please contact Mike Grim at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, Califomia 92009, (760) 438- 1161, extension 4499. 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ^ APPEALS The time within which you may judicially challenge this Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: [~| This site is located within the Coastal Zone Appealable Area. ^ This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3111 Camino Del Rio North, Suite 200, San Diego, Califomia 92108-1725. CASE FILE: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 CASE NAME: CRISTALLA - AVIARA PA 23 PUBLISH: MARCH 4, 1999 ARPORT SITE •llllllllia ^ BATIOUrrOS LAGOON LA COST^ Ul CRISTALLA - AVIARA P.A. 23 MP 177(X)/LCPA 97-11/CT 97-20/ PUD 97-17/CDP 97-51 Akira & Toshiko Muroya PO Box 9000-602 Carlsbad CA 92018 Charitable R Buerger PO Box 3033 Carlsbad CA 92009 Linda Sugino-Shimokaji 1 Mahogany Run Coto De Caza CA 92679 Charitable R Buerger PO Bo3(^p33) ^ / ^yfTT^ Carlsfe4a^CZA 92009 Linda Sugino-Shimokaji 1 Mahogany Run Coto De Caza CA 92679 Kenneth Bertossi 7094 Aviara Dr Carlsbad CA 92009 Werner F & Ivy Astl 7085 Aviara Dr Carlsbad CA 92009 Amos & Shela Sommers 7092 Aviara Dr Carlsbad CA 92009 Eric P Grasshoff 7081 Aviara Dr Carlsbad CA 92009 Aviara Resort Asses L P 7100 Blue Heron Pi Carlsbad CA 92009 Aviara Master Associati 2011 Palomar Airport Rd Carlsbad CA 92009 Aviara Resort Asses L P 7100 Blue Heron Pi Carlsbad CA 92009 Woodrow W Martin 7053 Eider Ct Carlsbad CA 92009 Aviara Master Associati 2251 San Diego Ave A250 San Diego CA 92110 Aviara Resort Asses L P 7100 jaue Hgrror Carl/i John D Orozco 6670 Towhee Ln Carlsbad CA 92009 Devon Pickup 6664 Towhee Ln Carlsbad CA 92009 Laith Salem 6658 Towhee Ln Carlsbad CA 92009 Bernice T Teren 6654 Towhee Ln Carlsbad CA 92 009 Richard C Noia 6650 Towhee Ln Carlsbad CA 92009 Joseph Sc Rhonda Mahon 6646 Towhee Ln Carlsbad CA 92009 William D Palmer 6642 Towhee Ln Carlsbad CA 92009 Costas C Sc Gail Loullis 6638 Towhee Ln Carlsbad CA 92009 Marvin M & Simon Rotter 6634 Towhee Ln Carlsbad CA 92009 Aviara Master Assn 2011 Palomar Airport Rd Carlsbad CA 92009 Chet Francisco 6905 Thrush PI Carlsbad CA 92009 Mary F Cokeley 6909 Thrush Pi Carlsbad CA 92009 Margo E Reeves 4t/j T^/ZMj/t PL Del Mar Iloights Rd San Diego CA A2aA0 Benjamin P Sigler 6917 Thrush PI Carlsbad CA 92009 Sheldon & Joan Horing 65 Cornell Dr Livingston NJ 07039 Richard W Roach 6904 Thrush Pi Carlsbad CA 92 009 Charles D Merritt 6 908 Thrush PI Carlsbad CA 92009 Timothy S Mitchell 6912 Thrush PI Carlsbad CA 92009 Arthur B Lesher 6916 Thrush Pi Carlsbad CA 92 009 Lydia Manthei 2573 Laconia Ave Las Vegas NV 89121 Eugene Schwartz 6928 Thrush Pi Carlsbad CA 92009 Rel E Sc Nancy Schmitt 1550 Cormorant Dr Carlsbad CA 92009 Irving & Joanne Abeson 17500 Magnolia Blvd Encino CA 91316 Cicourel Edward N&Blanc 823 Inverness Dr Rancho Mirage CA 92270 Linda Polonsky 1561 Cormorant Dr Carlsbad CA 92009 Alan Sc Beverly Lubic 1565 Cormorant Dr Carlsbad CA 92009 Peter S Sc Helen Wilke 156 9 Cormorant Dr Carlsbad CA 92009 David S Smith 156 0 Cormorant Dr Carlsbad CA 92009 Michael P Sc Donna Voss 11947 N Forest Dr Mequon WI 53 092 Osborn 1568 Cormorant Dr Carlsbad CA 920 09 Leslie P Constantini 1572 Cormorant Dr Carlsbad CA 92009 Craig M Tanner 1576 Cormorant Dr Carlsbad CA 92009 Karin M Tompkins 1580 Cormorant Dr Carlsbad CA 92009 Lee A Curtis 1584 Cormorant Dr Carlsbad CA 92009 Tonita K Nagle 8 Chesterfield Dr Voorheesville NY 12186 Tuat 6909 Avocet Ct Carlsbad CA 92009 Betty L Sc Richard Dodge 6913 Avocet Ct Carlsbad CA 92009 Helen F Pearson 6917 Avocet Ct Carlsbad CA 92009 Joan M Danzinger 6904 Avocet Ct Carlsbad CA 92009 Claris R Halliwell 6908 Avocet Ct Carlsbad CA 92009 Melinda C Gustavson 45320 Santa Fe Cv Indian Wells CA 92210 Mario E Peyrot 1600 Cormorant Dr Carlsbad CA 92009 Elmer A Kitinoja 1604 Cormorant Dr Carlsbad CA 92009 Akira £c Toshiko Muroya PO Box 9000-602 Carlsbad CA 92018 Alan Wise 1612 Cormorant Dr Carlsbad CA 92009 Rosie M Randenberg 125 E 83rd St 6 New York NY 10028 Stephanie A Williams 6909 Goldfinch Pi Carlsbad CA 92009 Edith E Gilbert 6913 Goldfinch Pi Carlsbad CA 92009 Michael Kantrowitz 6912 Goldfinch Pi Carlsbad CA 92009 Aviara Master Associati 2251 San Diego Ave A250 San Diego CA 92110 Richard W Stinson 6904 Goldfinch Pi Carlsbad CA 92009 Morton M Poznak 401 N Michigan Ave 1900 Chicago IL 60611 HortoR^^R 10179 Hue San Ino^ ens St 100 1 Aviara Resort Associate 7100 Blue Heron Pi Carlsbad CA 92009 Aviara Master Associati 2011 Palomar Airport Rd Carlsbad CA 92 009 Aviara Resort Associate Aviara Resort Club Owne 7100 Four Seasons Pt Carlsbad CA 92009 F S Aviara 7100 Four Seasons Pt Carlsbad CA 92009 Aviara Resort 7100 Carl F S Aviara 7100 >fVDur Car Dale G Sc Margaret Bone 7065 Tatler Rd Carlsbad CA 92009 OlympusScS C H Housing N 95 Argonaut 210 Aliso Viejo CA 92656-lW Woodrow W Martin 7053 Eider Ct Carlsbad CA 92009 Yvonne M Boyer 7057 Eider Ct Carlsbad CA 92009 Betty Bloomfield 7061 Tatler Rd Carlsbad CA 92009 Bone Brent B Norris 7069 Tatler Rd Carlsbad CA 92009 Seacountry Homes Pa-15 3 Corporate Plaza Dr lOa Newport Beach CA 92660 Douglas S Deibert 7001 Surfbird Cir Carlsbad CA 92009 Nannette St Amour 7005 Surfbird Cir Carlsbad CA 92009 John E SL Karen Kavan 7009 Surfbird Cir Carlsbad CA 92009 Wells 7013 Surfbird Cir Carlsbad CA 92009 0 Paul E Zwimpfer 7017 Surfbird Cir Carlsbad CA 92 009 Richard A Hughes PO Box 456 Del Mar CA 92014 Anne I Bergen 7025 Surfbird Cir Carlsbad CA 92009 Robert C Turnauckas 7029 Surfbird Cir Carlsbad CA 92009 Arthur Hickman 7033 Surfbird Cir Carlsbad CA 92009 Michael E Sc Jill Heijer 3 015 Fairweather Pi Hunts Point WA 9800A-/o°Z At A Marea 7262 Surfbird Cir Carlsbad CA 920 09 Mary L Lowry 72785 Surfbird Cir Carlsbad CA 92009 Nirut Sirichanya 400 E Van Buren St 650 Phoenix AZ 85004 Frederick A Baker 400 E Van Buren St Phoenix AZ 85004 650 Timothy H Farwell 7160 Surfbird Cir Carlsbad CA 92009 Kevin L Beddoe 7130 Surfbird Cir Carlsbad CA 92009 Timothy H Farwell 7160 Surfbird Cir Carlsbad CA 92 009 Akira Sc Toshiko Muroya 7170 Surfbird Cir Carlsbad CA 92009 David W Hylen 7203 Surfbird Cir Carlsbad CA 92009 Fah S Sc Polly Liew 7238 Surfbird Cir Carlsbad CA 920 09 Mar^ 12636 San Di omeown uff Dr 300 0 L Sc liT 12636 Hig" San Diego Kethleen M Emmert 7287 Surfbird Cir Carlsbad CA 92009 Avia"r€u-Resort,-As«cociat 12636 Hi^^^ruff~-ai:_3 00 San^©±ego CA 9213 0 own uff Dr 300 0 <db Dr 300 Ting L Sc Lily Ho 7167 Surfbird Cir Carlsbad CA 92009 Jeffrey W Blakeman 7171 Surfbird Cir Carlsbad CA 92009 Bozidar Draskovic 7175 Surfbird Cir Carlsbad CA 92009 Ann Mckenna 7179 Surfbird Cir Carlsbad CA 92009 Jeff Sc Devon Manuel 7183 Surfbird Cir Carlsbad CA 92009 Kevin M Kienast 7187 Surfbird Cir Carlsbad CA 92009 0 Dennis E Cunningham 7119 Surfbird Cir Carlsbad CA 92009 Richard M Noble 7115 Surfbird Cir Carlsbad CA 92009 William W Fowler 7119 Surfbird Cir Carlsbad CA 92009 Jay C Sc Gorton Dicker 25 Biscayne Ct San Rafael CA 94901-/'^?7 Torsten M Symonds 7127 Surfbird Cir Carlsbad CA 92009 Ruth M Avery 7201 Lantana Ter Carlsbad CA 92009 Predrag Mitrovich 7135 Surfbird Cir Carlsbad CA 92009 John H Lindsey 7139 Surfbird Cir Carlsbad CA 92009 Ranko Radojicic 7143 Surfbird Cir Carlsbad CA 92 009 Louis J & Janice Feiner 7147 Surfbird Cir Carlsbad CA 92 009 Thomas Hageman 7151 Surfbird Cir Carlsbad CA 92009 Nachtsheim 7155 Surfbird Cir Carlsbad CA 92009 David Si: Clarke Kinsley 7163 Surfbird Cir Carlsbad CA 92 009 Akira Sc Toshiko Muroya 7159 Surfbird Cir Carlsbad CA 92009 Samuel L Sc Linda Elam 7041 Surfbird Cir Carlsbad CA 92009 James R Miller 7045 Surfbird Cir Carlsbad CA 92009 Allessandro Pedrazzani 704 9 Surfbird Cir Carlsbad CA 92009 Michael S Joseph 7053 Surfbird Cir 14 Carlsbad CA 92009 Carol Kim 7057 Surfbird Cir Carlsbad CA 92009 Robert O Sc Karen Lopp 7061 Surfbird Cir Carlsbad CA 92009 Timothy J Harris 7065 Surfbird Cir Carlsbad CA 92009 Jeffrey J Siegel 7069 Surfbird Cir Carlsbad CA 92009 Nirut Sirichanya 7073 Surfbird Cir Carlsbad CA 92009 James N Elliott 7077 Surfbird Cir Carlsbad CA 92009 Chang-Man SL Jyung Park 824 Turnbridge Cir Naperville IL 60540 Richard Pino 7085 Surfbird Cir Carlsbad CA 92009 Thomas E Harkenrider 7097 Surbird Cir Carlsbad CA 92009 Daniel S Lankford 7089 Surfbird Cir Carlsbad CA 92009 Carmen J & Theresa Lupo 7093 Surfbird Cir Carlsbad CA 92009 Thomas E Harkenrider 7097 Surfbird Cir Carlsbad CA 92009 Christian Albano 7099 Surfbird Cir Carlsbad CA 92 0 09 John C Fornal 7103 Surfbird Cir Carlsbad CA 92 009 Jacob Sc Kimberly Nyberg 7107 Surfbird Cir Carlsbad CA 92009 David P Sc Shelly Kelly 7111 Surfbird Cir Carlsbad CA 9200 9 Marianne B Lawrence 7076 Surfbird Cir Carlsbad CA 92009 Steve Sc Audrey Wehba 7064 Surfbird Cir Carlsbad CA 92009 Thomas F Fleming 7070 Surfbird Cir Carlsbad CA 92 009 Marianne B Lawrence 7076 Surfbird Cir Carlsbad CA 92009 Alfred Rodriguez 7082 Surfbird Cir Carlsbad CA 92009 Baker 7088 Surfbird Cir 7118 Carlsbad CA 92 009 Baker 7088 Carl George C Tuck 7094 Surfbird Cir Carlsbad CA 92009 Mary K Ryan 7100 Surfbird Cir Carlsbad CA 92009 Bob R Sc Rosie Crawford 7106 Surfbird Cir Carlsbad CA 92 009 Don M Sc Sharon Kitchen 7112 Surfbird Cir Carlsbad CA 92009 Jennifer Price 7118 Surfbird Cir Carlsbad CA 92 0 09 Fah S Sc Polly Liew 7231 Surbird Cir Carlsbad CA 92009 L Sc 12636 Higli San Diego. Wade One 7251 Surfbird Cir Carlsbad CA 92 009 Lisa Butterbrodt 7191 Surfbird Cir Carlsbad CA 92009 Michael Deblassis 7195 Surfbird Cir Carlsbad CA 92009 Wade 7521 Surfbird Cir Carlsbad CA 92009 William P Jennings 7203 Surfbird Cir Carlsbad CA 92009 Robert L Pope 7207 Surfbird Cir Carlsbad CA 92009 Susan Hayward 7211 Surfbird Cir Carlsbad CA 92009 Betty J Schnitzer 7215 Surfbird Cir Carlsbad CA 92009 Aviara Master Assn 12636 High Bluff Dr 300 San Diego CA 92130 Brehm-Aviara iJuP Develo 2035 Camino Del Rio a 2 San Diego CA 921i«-•/?2J Occupant 6521 El Camino Real Carlsbad CA 92009 Occupant 6 913 Thrush Pi Carlsbad CA 92009 Occupant 6 921 Thrush Pi Carlsbad CA 92009 Occupant 6904 Thrush Pi - Carlsbad CA 92009 Occupant 6920 Thrush Pi Carlsbad CA 92009 Occupant 6924 Thrush Pi Carlsbad CA 92 009 Occupant 1554 Cormorant Dr Carlsbad CA 92 009 Occupant 1558 Cormorant Dr Carlsbad CA 92009 Occupant 6905 Goldfinch Pi Carlsbad CA 92009 Occupant 6908 Goldfinch Pi Carlsbad CA 92009 Occupant 6916 Goldfinch Pi Carlsbad CA 92009 Occupant 7021 Surfbird Cir Carlsbad CA 92009 Occupant 7037 Surfbird Cir Carlsbad CA 92009 Occupant 7089 Surfbird Cir 7111 Carlsbad CA 92009 *** 14 Printed *** BREHM-AVIARA DEV ASSN SUITE 2 2835 CAMINO DEL RIO SO SAN DIEGO CA 92101 THOMAS AND JANET MASS 2851 TORRY COURT CARLSBAD CA 92009 COASTAL COMMISSION SUITE 200 3111 CAMINO DEL RIO NO SAN DIEGO CA 92108 A noticp an pre listed t j-cen mailed to rs/occupants Date^ Signature H:\ADMIN\LABELS\LCP INTERESTED PARTIES UPDATED 11-96 CITY OF ENCINITAS COM DEV DEPARTMENT 505 S VULCAN AVE ENCINITAS CA 92024 TABATA FARMS PO BOX 1338 CARLSBADCA 92018 OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DRIVE ENCINITAS CA 92024 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE LOS ALAMITOS CA 90702 KENNETH E SULZER SANDAG - EXEC DIRECTOR 1ST INTL PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 BILL McLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92009 LANIKAI LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 04011 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURAWAY CARLSBAD CA 92009 JOHN LAMB 1446 DEVLIN DRIVE LOS ANGELES CA 90069 MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & LAND USE DEPT JOAN VOKAC - SUITE B-5 5201 RUFFIN ROAD SAN DIEGO CA 92123 ANTHONY BONS 25709 HILLCREST AVE ESCONDIDO CA 92026 MR/MRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVISOR BILL HORN ATTN: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENCINITAS CA 92024 CARLENE TIMM SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 COPIES TO: CITY CLERK MAIN LIBRARY BRANCH LIBRARY WATER DISTRICT U.S. FISH & WILDLIFE SERVICES 2730 LOKER AVE WEST CARLSBAD CA 92008 LABELS - 5163 LCPA MAILING LIST (GOVERNMENT AGENCIES) APPENDIX A (LIST IS REQUIRED BY COASTAL COMMISSION) SANDAG (SAN DIEGO COUNTY) WELLS FARGO PLAZA SUITE 800 401 B STREET SAN DIEGO CA 92101 DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL ROOM 700 110 WEST A STREET SAN DIEGO CA 92101 OFFICE OF PLANNING AND RESEARCH OFFICE OF LOCAL GOVERNMENT AFAIRS 1400 TENTH STREET SACRAMENTO CA 95814 PUBLIC UTILITIES COMMISSION 350 MCALLISTER STREET SAN FRANCISCO CA 94103 DEPARTMENT OF FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 BUSINESS, TRANSPORTATION & HSG AGENCY WILLIAM G. BRENNAN DEPUTY SECRETARY AND SPECIAL COUNCIL SUITE 2450 980 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION ROOM 5504 1120 N STREET SACRAMENTO CA 95814 DISTRICT 11 CALTRANS TIM VASQUEZ, ENVIRONMENTAL PLANNING 2829 SAN JUAN ST SAN DIEGO CA 92138 RESOURCES AGENCY RM 1311 1416 NINTH STREET SACRAMENTO CA 95812 AIR RESOURCES BOARD ANNE GERAGHTY, MANAGER GENERAL PROJECTS SECTION PO BOX 2815 SACRAMENTO CA 95812 COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN 1516 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF FISH AND GAME RONALD D REMPEL, CHIEF ENVIRONMENTAL SERVICES DIVISION RM 1341 1416 NINTH STREET SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR 350 GOLDEN SHORE LONG BEACH CA 90802 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIROMENTAL COORD RM 1516-2 1416 NINTH STREET SACRAMENTO CA 95814 SOUTHERN REGION JOHN WALSTROM, TECHNICAL SERVICES 8885 RIO SAN DIEGO DRIVE SAND DIEGO CA 92108 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION BILL TRAVIS 30 VAN NESS AVENUE SAN FRANCISCO CA 95814 STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE SACRAMENTO CA 95825-8202 WATER RESOURCES CONTROL BOARD PO BOX 100 SACARAMENTO CA 95801 REGIONAL WATER QUALITY CONTROL BOARD SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 DEPARTMENT OF AGRICULTURE ATTN: GARY RESOURCE CONSERVATIONIST SUITE 102 2121-C SECOND STREET DAVIS CA 95616 USDA - RURAL DEVLOPMENT 430 ST DEPT 4169 DAVIS CA 95616 PACIFIC REGIONAL MANAGER NATIONAL OCEANIC AND ATMOSPHERIC ADMIN - OCRM, 55MC4 N/ORM - 3 1305 EAST-WEST HIGHWAY SILVER SPRING MD 20910 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PLACE NORTH WEST WASHINGTON DC 2006 U.S. ARMY CORPS OF ENGINEERS SUITE 700 333 MARKET STREET SAN FRANCISCO CA 94105 DEPARTMENT OF DEFENSE LOS ANGELES DISTRICT ENGINEER PO BOX 2711 LOS ANGELES CA 90053 DEPARTMENT OF ENERGY 611 RYAN PLAZA DR STE 400 ARLINGTON TX 76011-4005 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGINEER SAN DIEGO CA 92132 U. S. BUREAU OF LAND MANAGEMENT 2135 BUTANO DRIVE SACRAMENTO CA 95825 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIRECTOR SUITE 350 901 MARKET STREET SAN FRANCISCO CA 94103 U. S. BUREAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDER CITY CO 89005 DEPARTMENT OF HOUSING AND URBAN DEVE DUNCAN LENT HOWARD, REGIONAL ADMIN 450 GOLDEN GATE AVENUE SAN FRANCISCO CA 94102 SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 1901 SPINNAKER DRIVE SAN BUENAVENTURA CA 93001 U. S. BUREAU OF RECLAMATION MID-PACIFIC REGION 2800 COTTAGE WAY SACRAMENTO CA 95825 BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARK DRAWER N 11112''° STREET CRESCENT CITY CA 95531 CALIFORNIA COASTAL COMMISSION SUITE 200 3111 CAME^O DEL RIO NORTH SAN DIEGO CA 92108 U. S. FISH AND WILDLIFE SERVICE SUITE 130 3310 EL CAMINO AVENUE SACRAMENTO CA 95821 BARRY BRAYER, AWP-8 FEDERAL AVIATION ADMINISTRATION WESTERN REGION PO BOX 92007 LOS ANGELES CA 90009 PROOF OF PUBLIO^ON (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly l<nown as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: April 17, 1998 I certify (or declare) under penalty of perjury that the foregoing is true and correct. San marcos Dated at California, this 17th day of April, 1998 NORTH COUNTY TIMES Legal Advertising This space is^ the County Clerk's Filing Stamp Proof of Publication of xRxifc: Public not .ice ENVIRONMENTAL IMPACT ASSESSME!VT FORM - PART I OCT 1 0 1997' (TO BE COMPLETED BY THE APPLICANT) «..H .CS CASE NO: H P (77(Y) DATE RECEIVED: (To be complete bv staff) BACKGROUND L CASE NAME: AVIARA FLATTING AREA 23 2. APPLICANT: ™E BREHM COMPANIES 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2835 CAMINO DEL RIO SOUTH SAN DIEGO, CA 92108-3882 (619) 293-7090 4. PROJECT DESCRIPTION: MASTER PLAN AMENDMENT, LCP AMENDMENT TO MODIFY DEVELOPMENT STANDARDS APPLICABLE TO AVIARA PLANNING AREA 23. SITE DEVELOPMENT PERMIT, COASTAL PERMIT TO CONSTRUCT 60 SINGLE FAMILY HOMES ON SMALL LOTS ON A PREVIOUSLY GRADED SITE. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated"' in the checklist on the following pages. Land Use and Planning Q Transportation/Circulation Q Public Services j I Population and Housing Biological Resources Q Utilities & Service Systems I I Geological Problems Energy &. Mineral Resources Q Aesthetics I I Water Q Hazards Q Cultural Resources I I Air Quality Noise Q Recreation I ] Mandatory Findings of Significance 1 Rev. 03/28/96 Issues (and Supporting Infonnation Sources): (Supplemental documents may be referred to and attached) LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( ) b) Conflict with' applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible wilh existina land use in the vicinity? ( ) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( ) Potentially Significant Impact II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) in. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) • • • • Potentially Significant Unless Mitigation Incorporated Less Than Significan t Impact No Impact • • • • • • • • • n • • • n • • • n • • • • n • o • o • • o HI. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (The proposed project proposes amendments to the Aviara Master Plan and the Implementing Ordinances of the Mello I Local Coastal Program. These amendments affect development standards within the project area only. No impact to land uses, boundary lines, or open spaces are proposed. No amendment to the Carlsbad General Plan or Zoning Map is proposed. b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (Environmental plans, including resource preservation policies adopted by the Coastal Commission, will not be affected by the proposed project. No impact^^ to coastal resource areas are proposed. This fact is supported by EIR 83- 02 and MEIR 93-01.) c) Be incompatible with existing land uses in the vicinity? (The project is not directly adjacent to any non-compatible uses. Properties to the east are designated for similar character and density. The project is in full compliance with adopted land use polices, which were supported by EIR 83-02 and MEIR 93-01.) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (Temporary agricultural operations are located north of the site. No significant impact to these temporary uses should result, as concluded by EIR 83-02 and MEIR 93-01.) e) Disrupt or divide the physical arrangement of an established community (including low-income or minority community)? (No impact to an established community will result as concluded in EIR 83- 02 and MEIR 93-01.) POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (The project will not generate or add to population projections. The project is in full compliance with.the Amended Aviara Master Plan which was utilizeii in projecting population for the subject area.) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (The project is located in an area planned for urban development as concluded in EIR 83-02 and MEIR 93-01.) c) Displace existing housing, especially affordable housing? (The project is located on a vacant site.) GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (The site is not located within an active fault area as concluded in EIR 83-02 and MEIR 93-01.) b) Seismic ground shaking? ( ) c) Seismic ground failure, including liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) 0 Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) h) Expansive soils? ( ) i) Unique geologic or physical features? ( " ) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) • . c) Discharge into surface waters or other alteration of surface water quality (e.g. temperamre, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water body?( ) e) Changes in currents, or the course or direction of water movements? ( ) 0 Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) o) Altered direction or rate of flow of groundwater? ( ) • • • c • • • o • • • n • • • n • • • n • • • • • • • • • n • • • • • • 0 • • • @ • • • s • • • • s • • • m • • • m b) Seismic ground shaking? (The site is not located within a seismic area as concluded in EIR 83-02 and MEIR 93-01.) c) Seismic.ground failure, including liquefaction? (The site is not located within a seismic area as concluded in the geotechnical analyses in EIR 83-02 and MEIR 93-01.) d) Seiche, tsunami, or volcanic hazard? (The site is not located within a seismic area as concluded in EIR 83-02 and MEIR 93-01.) e) Landslides or mudflows? (The site is not located within a seismic area as concluded in EIR 83-02 and MEIR 93-01.) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (The site is already graded and consistent with EIR 83-02.) g) Subsidence of the land? (The project will comply with Carlsbad policies regarding soil protection as defined and concluded in MEIR 93- 01.) h) Expansive soils? (The project will comply with Carlsbad policies regarding soil protection as defined and concluded in MEIR 93-01.) i) Unique geologic or physical features? (No unique physical features exist within the boundaries of the proposed project, as concluded in MEIR 93-01.)- IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (The project will comply with Carlsbad policies regarding surface runoff quantities and rates in compliance with MEIR 93-01.) b) Exposure of people or property to water related hazards such as flooding? (The project site is not subjected to flooding potential.) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (No direct or imcontrolled discharge into surface waters will result from the project consistent with the findings of EIR 83-02.) d) Changes in the amount of surface water in any water body? (No direct or uncontrolled discharge or change of surface waters will result from the project consistent with the findings of EIR 83-02.) e) Changes in currents, or the course or direction of water movements? (The project will result in no substantive change in the course or direction of water movement as concluded in EIR 83-02.) f) Changes in the Quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (No change in groundwater or recharge capability will result as determined in MEIR 93-01.) g) Altered direction or rate of flow of groundwater? (No directional or flow rate of groundwater will be affected by the project as determined in MEIR 93-01.) h) Impacts to groundwater quality? ( ) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY, Would the proposal; a) Violate any air quality standard or contribute to an existins or projected air quality violation? ( ^ ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Create objectionable odors? ( ) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ; ( ) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) . . d) Insufficient parking capacity on-site or off-site? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting altemative transportation (e.«. bus turnouts, bicycle r.icks)? ( ") g) Rail, waterborne or air traffic impacts? ( ) • • • • • • H • • m • • • • • • m • • • B • • • • • • • • • • • • B • • • • • • E • • • h) Impacts to groundwater quality? (No impact to groundwater will result from the project as determined in MEIR 93-01.) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (No impact to groundwater will result from the project as determined in MEIR 93-01.) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (The project would not violate air quality standards as determined in MEIR 93-01.) b) Expose sensitive receptors to pollutants? (The project would not violate air quality standards as determined in MEIR 93-01.) c) Alter air movement, moisture, or temperature or cause any change in climate? (The project would not violate air quality standards as determined in MEIR 93-01.) d) Create objectionable odors? (The project will not create any objectional odors.) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (The project will result in a minor increase in vehicular traffic at the immediate vicinity of the site.) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (The project will not involve hazards to traffic safety as concluded in EIR 83-02 and MEIR 93-01.) c) Inadequate emergency access or access to nearby uses? (The project will not result in inadequate access because it will meet Carlsbad standards as determined in MEIR 93-01.) d) Insufficient parking capacity on-site or off-site? (The project will not result in inadequate parking because it will meet Carlsbad standards as determined in MEIR 93-01.) e) Hazards or barriers for pedestrians or bicyclists? (The project will not result in hazards because it will meet Carlsbad standards as determined in MEIR 93-01.) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (The project will not result in such conflicts because it will meet Carlsbad standards as determined in MEIR 93-01.) g) Rail, waterborne or air traffic impacts? (The project will not result in such impacts because it will meet Carlsbad standards as determined in EIR 83-02 and MEIR 93-01.) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants; fish, insects, animals, and birds? ( ) Locally designated species (e.g. heritage trees)? ( ^ •• , Locally designated natural communities (e.g. oaK forest, coastal habitat, etc.)? ( ) Wetland habitat (e.g. marsh, riparian.and vernal pool)? ( ) Wildlife dispersal or migration corridors? ( ) VII. a) b) c) d) e) Vlll. ENERGY AND MINER.^L RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? • Use non-renewable resources in a wasteful and inefficient manner? ( ) 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? ( . ) a) b) c) IX. H.^ZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radi.ition)? ( ) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazards? ( ) d) Exposure of people to existing soufces of potential health hazards? ( . ) e) Increase fire hazard in areas with flammable brush, arass, or trees? ( ) • • • • • • • • • • • B • • • • • • • • • B VIII. • • • • • • C • • • • • • B • • • • • • 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)? (The project is an already developed site. All areas of rare plants and animals are preserved by the proposed plan, consitent with EIR 83-02.) b) Locally designated species (E.G. heritage trees)? (No locally designated species are located within the subject area.) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (The proposed project is located within an already graded area. No natural communities are within the project site.) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (No wetland habitat is located within the area as concluded in EIR 83-02 and MEIR 93-01.) e) Wildlife dispersal or migration corridors? (No wildlife dispersal or migration corridor is located within the area as concluded in EIR 83- 02 and MEIR 93-01.) ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (The proposed project would not conflict with energy conservation plans as determined in EIR 83-02 and MEIR 93-01.) b) Use non-renewable resources in a wasteful and inefficient manner? (The proposed project would not use energy wastefully as determined in EIR 83-02 and MEIR 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? (The proposed project would not result in the loss of resources as determined in EIR 83-02 and MEIR 93-01.) 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)? (The project will not involve risk of these circumstances as determined in MEIR 93-01.) b) Possible interference with an emergency response plan or emergency evacuation plan? (The project will not involve interference with these plans as determined in MEIR 93-01.) c) The creation of any health hazard or potential health hazards? (The project does not involve any health hazards.) d) Exposure of people to existing sources of potential health hazards? (The project will not expand the exposure of people to any health hazards.) e) Increase fire hazard in areas with flammable brush, grass, or trees? (The project will not increase fire hazards as determined in EIR 83-02 and MEIR 93-01.) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( ) 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) Hire protection? ( ) b) Police protection? ( ) c) Schools? ( ) d) Maintenance of public facilities, including roads? ( ) e) Other govemmental services? ( } • • • • • • • • • m • • • a • • • m • • • B • • • X. NOISE. Would the proposal result in : a) Increases in existing noise levels? (The proposed project will not significantly increase any noise levels over that already determined to not have any significant impact as concluded in EIR 83-02.) b) Exposure of people to severe noise levels? (The proposed project will not expose people to severe noise levels above those generally associated with residential neighborhood activities.) 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? (No substantive increase in fire protection would be necessitated by the proposed project as indicated in MEIR 93-01.) b) Police protection? (No substantive increase in police protection would be necessitated by the proposed project as indicated in MEIR 93- 01.) c) Schools? (The proposed project is anticipated for single family residential development by the CUSD. d) Maintenance of public facilities, including roads? (No substantive increase in road maintenance would be necessitated by the proposed project as indicated in MEIR 93-01.) e) Other governmental services? (No substantive increase in any governmental services would be necessitated by the proposed project as indicated in MEIR 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: a) Power or natural gas? ( ) b) Communications systems? ( ) c) Local or regional water treatment or distribution facilities? ( ) d) Sewer or septic tanks? ( ) e) Storm water drainage? ( ) 0 Solid waste disposal? ( ) g) Local or regional water supplies? ( ) • • • • . • • B • • • B • • • E • • • • , • • • • • 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? (The proposal will not result in any need for new power or natural gas supplies as determined by MEIR 93-01.) b) Communications systems? (The proposal will not result in any need for communications systems as determined by MEIR 93-01.) c) Local or regional water treatment or distribution facilities? (The proposal will not result in any need for water treatment or distribution systems as determined by MEIR 93-01.) d) Sewer or septic tanks? (The proposal will not result in any need for significant new sewer systems as determined by MEIR 93-01. Septic tanks will not be utilized by the proposed project.) e) Storm water drainage? (The proposal will not result in any need for significant storm drainage systems as determined by EIR 83-02 and MEIR 93-01.) f) Solid waste disposal? (The proposal will not resvilt in any need for expansion of solid waste disposal systems as determined by EIR 83-02 and MEIR 93-01.) g) Local or regional water svipplies? (The proposal will not result in any need for expansion of water supply systems as determined by EIR 83-02 and MEIR 93-01.) ) ) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? ( ) b) Have a demonstrate negative aesthetic effect? ( ^ c) Create light or glare? ( ) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( b) Disturb archaeological resources? ( c) Affect historical resources? ( ) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? ( ) XV.RECREATIONAL. Would the proposal; a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? ( ) • • • B • • • B • • • B • • • . S • • • a • • • E • • • E • • • • • • S • • • XIII. ASTHETICS. Would the proposal: a) Affect a scenic or vista or scervic highway? (No scenic highway or vista will be affected by the proposed project.) b) Have a demonstrate negative aesthetic effect? (The proposed project will not have a demonstrable negative aesthetic effect. It will be consistent with the Aviara guidelines, as determined through the visual impact analysis in EIR 83-02.) c) Create light or glare? (No significant light or glare will result from the proposed project.) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (The project involves an already graded site which does not contain paleontological resources.) b) Disturb archaeological resources? (The project site has already been mitigated for archaeological artifacts as demonstrated in EIR 83-02.) c) Affect historical resources? (The project involves an already graded site which does not contain historical resources as demonstrated in EIR 83-02.) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (The project involves an already graded site which does not contain unique ethnic cultural resources.) e) Restrict existing religious or sacred uses within the potential impact area? (The project involves an already graded site and will not restrict religious uses as demonstrated in EIR 83-02.) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (The proposed project will not increase demand for parks as determined by MEIR 93-01.) b) Affect existing recreational opportunities? (The proposed project will not affect existing recreational opportunities as determined by MEIR 93-01. and EIR 83-02)) Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) 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 Califomia 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 wilh the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, cither directly or indirectly? Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated • • • Less Than No Significan Impact t Impact • • • • B • • B 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. Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION Please use this area to discuss any of the environmental factors that were checked "No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigation Incorporated." The City has adopted a "Statement of Overriding Consideration" with regard to air quality and circulation impacts resulting from the normal buildout according to the General Plan. The following sample text is intended to guide your discussion of the impacts to these environmental factors. AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, o.xides 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 arc 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. 94-245, 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 Grov.th 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 diversion of regional through-traffic from a failing Interstate or Stale 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 envirorunental review of circulation impacts is required. LIST OF MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) Rev. 03/2S,/96 CITY OF CARLSBAD Interoffice Correspondence OFFICE: Planning FROM: ^^^tWl DATE: SUBJECT: ^,c,-|7l^^ ^v/ 'A ATTACHEMNTS: V REPLY REQUESTED: V SIGNATURE REPLY: .,\ DATE SIGNATURE: JfiN 08 '33 02:46Pri GCt-JF 20 RECPT. P.l Gray Gary W^re • Freidenrich LLP FAX TRANSMISSION COVER SHEET la: Mr. Paul Klukas Plauning Systems Ms. Paula Lorobardl Tbe Brehm Companies, LLC Jon H. Epsten, Esq. Epsten and Grinnell, APC Telephone: 760-931-0780 xl04 293-7090 239-1704 ATTORNEYS AT LAW m B STRBBT, SUITE 1700 SAN DIBGO. CA M101 -4297 TEL (619) 599-2700 PAX (619)236-1048 hltp.//w ww.gcwf.com Januarys, 1999 Fax Number: 760-931-5744 293-3056 239-0403 From: Charles E. Black (619) 699-2874 Re: Brshm-Aviara v. Aviara Client-Matter Number: 208921-154573 Pages:- |i - (mcluding this form) Originals: • will be mailed Jifwll not be mailed If there is a problem with this transmission, please call (619) W^W Fax Operator/Ext MESSAGE: Please sec attached. CONnDENTULIXy NOTICE This conununication is ONLY for the person named abgye. Unless otherwise indicated, it contains information that is confidential, privileged or exempt from disclosure under applicable law. If you are not the person named above, or lesponsible for delivering it to that person, be aware that disclosure, copying, distribution or use ofthis communication is strictly PROHIBITED, If you have received it in error, or arc uncertain as to its proper handling, please immediately notify us by collect telephone and mail the original to us at the above address. Thank you. SD\12508101 20J921-154573 JPN 03 'S3 02:47Pri GCWF 20 RECPT. P. 2 Gray Gary Ware A Freidenrich LLP 401 B Street 5u,te 1700, San Diego, CA 92101 -4297 CHAW.ES E, BLAOC Phone 619-699-2700 Fax 619-236-10^8 w>vw.gcwf.com Writer's Direct Dial: 619-699-287'^ Internet cb!ack@gcwf.corn Our File No: 208921-154573 January 8,1999 XIAJACStlVHLE Mr. Paul Klukas Planning Systems 1530 Faraday Avenue, #100 Carlsbad, CA 92008 Re: Aviara RV Site Dear Paul: I have enclosed for your infonnation and submission to the City of Carlsbad Plarming Department, a draft of the Sublicense Agreement among the Brehm entity that owns Plannirxg Area 23, the Aviara Master Association and the Aviara-Premier Collection Master Association (the new association responsible for Phase III). I have been advised by Jon Epsten, the attomey for the Aviara Master Association, that although his cUent is agreeable in principle to the enclosure, additional comments and revisions will be forthcoming from the Aviara Master Association. Very truly yours, GRAY GARY WARE & FREIDENRICH LLP By: Mimics £. Black CEB:bmc Enclosure SD\12J0802.1 cc: Ms. Paula Lombardi (w/enclosure) Via Facsimile Jon H. Epsten, Esq. (w/enclosure) Via Facsimile SILICON VALLEY SAN DIEGO SAN FflANCISCO AUSTIN LA JOLLA IMPEfyAL VALLEY MEXICO JRN 08 '99 02:47Pri GCWF 20 RECPT. P. 3 EXHIBIT E SUBLICENSE AGREEMENT This Subhcense Agreement ("Agreement") is made as of November , 1998 by and between Brehm-Aviara III Development Associates, L.P., a Delaware limited partnership ("Brehm-Aviara"), as subhcensor, and Aviara Master Association, a Cahfornia non-profit mutual benefit corporation ("Master Association"), as sublicensee, and New Association, a Califomia non-profit mutual benefit corporation ("New Association"), as sublicensee, (collectively, the 'Tarties"). RECITALS A. San Diego Gas & Electric Company, a Califomia corporation, is the owner of an easement located in the City of Carlsbad, County of San Diego, State of California, and recorded in Book 6301, Page 163 of County of Los Angeles, State of Califomia. B. On January 10,1989, SDG&E entered into a Right-of-Way Use Agreement with Pacific Rim Land Associates, a CaUfomia limited partnership ("Pacific Rim"), that granted to Pacific Rim a license to use certain areas of the easement as a recreational vehicle storage lot as shown or described in Exhibit A attached hereto (the "Property"). C. Pacific Rim subsequently assigned its interest in the Right of Way Use Agreement to Aviara Land Associates Limited Partnership ("Developer"), a Delaware limited partnership. D. Developer is the master developer of the Aviara community developed on the shores of Batiquitos Lagoon in La Costa, City of Carlsbad, Califomia pursuant to the Master Plan for Aviara approved by the City of Carlsbad Planning Commission pursuant to Plaiming Commission Resolution No. 2594 ("Master Plan"). The Master Plan requires, among other things, the maintenance of a recreational vehicle storage area for the use of individuals residing within the Master Plan area. E. Developer transferred its interest to Brehm-Aviara pursuant to an assignment dated , 1998.. F. Now Brehm-Aviara desires to sublicense its right to use the Property to Master Association and New Association pursuant to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, the Parties agree as follows: 1- Grant of Sublicense to Master Association. Subject to the terms and conditions of this Agreement, Brehm-Aviara grants to Master Association an exclusive subliceixse to use the Property, at the locations and configurations shown or described in Exhibit 1, as a recreational SD\1225l94.5 208921-154573 E-1 JRN 08 '99 02:48PM GCWF 20 RECPT. P.4 vehicle storage lot (150' x 450') with fencing, gates, landscaping and irrigation. The term "Recreational Vehicle," as used in this Agreement shall mean a motor home, travel trailer, truck camper, camping trailer, light truck with two (2) axles and a gross vehicle weight of three (3) tons or less, or a boat or personal watercraft. Absolutely no construction equipment, passenger vehicles or trucks with more than two (2) axles or four wheels shall be permitted on the Property. The Property shall be used exclusively for the storage of Recreational Vehicles owned by residents of the Master Plan area and for other uses. 2. Hours of Use. Residents shall have access to the Property for pick-up and drop- off of Recreational Vehicles only during the hours of 8:00 a.m. to 6:00 p.m. every day ("Permitted Hours"). Except for the passive storage of Recreational Vehicles, absolutely no activity of any kind shall be permitted on the Property between 6:01 p.m. to 7:59 a.m. ("Prohibited Hours"). 3. Revocable License. This Agreement shall automatically terminate if SDG&E withdraws, terminates, or revokes its grant of license to Brehm-Aviara in whole or in part. No revocation or termination ofthis Agreement shall release Master Association or New Association from any liability or obhgation arising hereunder. 4. Term of License. The term of this Agreement shall commence as of November , 1998 and shall end on December 31, 2008, unless sooner terminated pursuant to the terms of this Agreement. 5. Rules and Regulations. In addition to the terms and conditions of this Agreement, use of the Property shall be subject to rules and regulations set forth in ;f^^,ibit ^, attached hereto. Any modification of such rules and regulations will be subject to the prior written approval of Brehm-Aviara. 6. Condition of Property. The Property shall be delivered by Brehm-Aviara to Master Association and New Association in an "as is" condition. Master Association and New Association acknowledge that neither Brehm-Aviara nor any agent of Brehm-Aviara has made any representation or warranty with respect to the condition of the Property, or with respect to the suitability for the use described in Section 1 above. 7. Effect on SDG&E's Easement and Use. This Agreement does not in any way alter SDG&E's easement or the rights of SDG&E with respect to the use, maintenance or repair of its easement. SDG&E and Brehm-Aviara shall not be responsible for damage to existing or future improvements resulting from the normal operation, construction and maintenance of SDG&E's faciUties and Master Association expressly assume all risks related thereto. Master Association agree to comply promptly with any reasonable request(s) of SDG&E or Brehm- Aviara made to protect SDG&E's facilities, or the public, including, but not hmited to, grounding of barricades and metalUc fences, 8. Master Association's Indemnification of SDG&E. Brehm-Aviara and New Association^. Master Association shall defend, indemnify and hold harmless SDG&E and 5D\122J194.S 208921-154573 E-2 jm 08 '99 02:43Pri GCWF 20 RECPT. P. 5 Brehm-Aviara, their employees, officers, directors, partners, shareholders, agents, subsidiaries and parent companies from and against any and all demands, lawsuits, claims, losses, costs, causes of action, judgments, fines, penalties, liabilities, damages (including, but not limited to, consequential damages) and expenses (including, but not limited to, attorneys' fees, witness fees, and court costs) of any kind whatsoever, including, but not limited to, (i) the construction, maintenance, use, state of repair or presence of improvements on or about the Property, (ii) injury or death to any person or damage to any property occurring within or about the Property arising directly or indirectly out of Master Association's, their employees', agents', consultants', guests' or visitors' use or occupancy of the Property, (iii) a breach or default by Master Association in the performance or lack of performance ofthis Agreement, or (iv) the imposition of any fee, penalty, or assessment on Brehm-Aviara on the basis of Master Association's use, or the use of Master Association's employees, agents, consultants, guests or visitors. Master Association, upon notice from SDG&E, Brehm-Aviara or New Association, will defend any action or proceeding brought against SDG&E, Brehm-Aviara or New Association, their employees, or agents, at Master Association's expense with counsel satisfactory to SDG&E, Brehm-Aviara and Master Association. The provisions ofthis paragraph shall survive the termination ofthis Agreement. 9. Insurance. At all times during the term of this Agreement, Master Association shall, independently at their own separate cost and expense, obtain and maintain in effect the following insurance coverages with bodily injury and property damage coverage, both primary and secondary, of at least Two Million Dollars ($2,000,000) combined single limit, and containing an obUgation of the insurer to defend all named insureds in the event of any and all claims covered thereby, unless otherwise specified: (a) comprehensive general UabiUty insurance covering (i) aU aspects of products-completed operations and contractual liabiUty coverage for liability assimied under this Agreement, (ii) each subUcensee's respective use of the Property, and (iii) the activities of any entity charged with cleaning, repaking or maintaining the Property; (b) workers' compensation insurance and employer's liability insurance in accordance with statutory requirements and limits, including U.S. Longshoremen's and Harbor Workers' Compensation Act coverage, where applicable; (c) automobile liability insurance, with Umits of not less than $1,000,000 each occurrence for bodily injury and property damaged combined (the insurance coverages described in clauses (a), (b), and (c) above describe the "PoUcy"). The following entities shall be named as additional insured thereunder: (a) Brehm-Aviara IE Development Associates, L.P., (b) San Diego Gas & Electric Company, and (c) New Association. Each sublicensee shall provide to Brehm-Aviara a certificate evidencing the Policy's coverage prior to entering upon the Property and commencing any activities on the Property, and thereafter during the term of this Agreement or any extension hereof The insurance carrier and the form and substance of the PoUcy shall be satisfactory to Brehm-Aviara. The insurance required in this Section shaU be with an insurance company or companies licensed to do business in the State of CaUfomia. The instirance carrier shall have a policyholder's rating of no less than "A/10" in the most current edition of B&st's Insurance Reports. The Policy shall contain a provision that it cannot be canceled or modified as to the nature or extent of the coverage without first giving Brehm-Aviara thirty (30) days' notice in SD\122J194 5 208921-154573 E-3 JON 08 '99 02:49Pri GCWF 20 RECPT. P. 6 writing of the insurance carrier's intention to do so. Master Association shall provide to Brehm- Aviara a copy of the PoUcy. 10. Assignment. This Agreement, either voluntarily by operation of law, is personal ' to Master Association and shall not be assigned. Any attempt to assign this Agreement shaU automatically terminate it. No legal title or leasehold interest in the Property is created or vested in Master Association or New Association by this Agreement. Brehm-Aviara may assign its interest in the Property to any third party or subassociation, provided Brehm-Aviara notifies Master Association and New Association in writing. 11. GateaJjaiedFencesLandXocks. Master Association shaU be solely responsible for locking the Property during Prohibited Hours and opening the Property during Permitted Hours. No changes shaU be made to existing gates, fences, bolts or locks of any kind without Brehm-Aviara's prior written consent, which may be withheld at its sole discretion. 12. Security. Brehm-Aviara shall not be responsible for providing any guard service or any other security measures for the Property. 13. ^iprt^3ip;p. Master Association and New Association shaU be permitted to post one (1) sign on the Property. The dimensions of the sign shall be no larger than two feet by two feet square. The sign shall specify the Permitted Hours of use. 14. Property Taxes. Master Association shall pay all property taxes assessed against the Property and any taxes imposed against any personal property located or used by Master Association within the Property, 15. Alterations and Improvemerntj. Master Association shaU make no alterations or improvements within or to the Property, including, but not limited to, paving, restriping, landscaping, irrigation vwthout Brehm-Aviara's prior written consent, which consent Brehm- Aviara may withhold in its sole discretion. No Ughting or the erection of any structures will be permitted on the Property under any circumstances. All alterations and improvements to the Property become the property of Brehm-Aviara upon termination of this Agreement. Master Association agrees to pay all costs for the construction, installation, maintenance, and repair of improvements now existing or hereafter existing at the Property. 16. Majiiltg^ance. Master Association shall keep the Property in a clean and good condition and repair, and free from damage thereto, ordinary wear and tear excepted. On at least three separate days each week, Master Association, or a vendor selected by Master Association, shall be required to remove all trash from the Property and otherwise maintain the Property in clean and good condition. 17. Restoration of Premi.qe.s upon Termination Upon termination of this Agreement, Master Association, at its sole cost and expense, shall remove oil, grease and any other hazardous materials leaked, spilled or discharged onto the Property. "Hazardous materials" shall be defined as, without limitation, pollutants, contaminants, petroleum and peti:oleura products and any SD\1225194.5 208921-1S4573 E-4 JRN 08 '99 02:50FN GCUF 20 RECPT. P. 7 substance declared to be hazardous or toxic under any federal, state, county or city law or regulation. 18. Brehm-Aviara's Entry. Brehm-Aviara and SDG&E shall have the right to enter the Property during the term ofthis Agreement for any reason. 19. Nuigance. Master Association and its invitees shall not do or permit anything to be done in or about the Property which shall obstruct or interfere with the rights of adjoining property owners or users or injure or aimoy them, or knowingly permit any nuisance or waste in, on or about the Property. Except as expressly provided in this Agreement, no signs or advertisement shall be exhibited, painted or affixed by Master Association or its invitees on any part of the Property. 20. Tj^T^ff nftfagLEsSiSncJi. Time is of the essence with respect to the performance of every provision of this Agreement. 21. YaMto- The invaUdity, in whole or in part, ofany terms or conditions ofthis Agreement, shall not affect the validity of any other terms or conditions, 22. Goyemment Determination. If any govemmental authority having jurisdiction determines that Master Association may not use the property in the maimer described in Section 1 above. Master Association shall cease its use of the property effective as of the date of such govemmental agency determination and, except as to Section 8, this Agreement shall be terminated. 23. Default: Cure by New Association. In the event sublicensee fails to timely perform any of its obligations under this Agreement with such failure continuing for a period of thirty (30) calendar days following sublicensee's receipt of written notice of such default from Brehm-Aviara, as subhcensor, sublicensee shaU be in default ofthis Agreement. In such event, sublicensor shall have the right, but not the obligation to pursue all of its remedies available at law or in equity. If Master Association's rights under this Agreement are terminated due to a default by Master Association, New Association shall have the right for a period of thirty (30) days foUowing such default, but not the obligation, to take possession of the Property and become the subUcensee and obUgor of all obUgations of subUcensec under this Agreement which are incurred from and after the date New Association takes possession of the Property, 24. Compliance with Laws. Master Association shaU comply with all appUcable laws and regulations of local, state and federal governments and their agencies. 25. Prior Agreements. This Agreement contains all agreements and imderstandings of the Parties with respect to any matter mentioned herein. Except as otherwise stated in this Agreement, Master Association hereby acknowledges that neither Brehm-Aviara nor any of its employees or agents has made any oral or written warranties or representations to Master Association relating to Master Association's use of the Property or the condition of the Property. SD\1225194 5 208921-154573 E-5 JRN 08 '99 02:50Pri GCWF 20 RECPT. P.8 26. Attorneys' Fees. If any of the Parties commence an action or altemative dispute resolution against another party arising out of or in connection with this Agreement, the prevaiUng party shall be entitled to have and recover from the non-prevailing party reasonable attorneys' fees and costs of suit. "Prevailing party" shall include a party who obtains recovery hereunder in exchange for sums allegedly due, performance of covenants allegedly breached or consideration substantially equal to the relief sought in the action. TTiis Agreement shall be construed and enforced according to the laws of the State of CaUfomia, The Parties acknowledge that in the event ofany dispute conceming this Agreement, that any lawsuit or other action shall be filed only in the courts of the County of San Diego, Califomia. 27. Liais. Master Association shall keep the Property free from any liens arising out ofany work performed, materials furnished or obUgations incurred by Master Association and agrees that any mechanics' Uen filed against the Property for work claimed to have been done fpr, or for materials claimed to have been furnished to. Master Association, shall be discharged by Master Association, at its sole expense, within ten (10) days after Master Association's receipt of written notice from Brehm-Aviara. 28. Hsjticss- Any notice, consent, demand, bill, statement or other communication required or permitted to be given hereunder must be in writing and may be given by personal delivery or by mail, and if given by mail shall be deemed sufficiently given tiiree (3) business days after time when deposited in United States Mail if sent by registered or certified mail, addressed to Master Association or Brehm-Aviara at the addresses shown as follows: To Master Association: Aviara Master Association Telephone No.; To New Association: New Association Telephone No. To Brehm-Aviara: Brehm-Aviara III Development Associates, L.P. Telephone No. SD\122S194 5 208921-154S73 E-0 JRN 08 '99 02:51Pri GCWF 20 RECPT. P.9 With a copy to; Gray Cary Ware & Freidenrich. 401 B Sti-eet, Suite 1700 San Diego, CaUfomia 92101-4297 Attention: Charles E. Black, Esq. Telephone No.: (619)699-2784 Either party may, by notice to the other given pursuant to this Section, specify additional or different addresses for notice purposes. Notices hereunder may also be given by reputable overnight courier and shall be deemed given one (1) business day after deposited with a reputable ovenught courier service, addressed as set forth above. The Parties hereto have executed this SubUcense as of the date set forth above. SUBLICENSOR SUBLICENSEE BREHM-AVL\RA lU DEVELOPMENT ASSOCIATES, L.P., a Delaware limited partnership AVIARA MASTER ASSOCIATION, a Califomia non-profit mutual benefit corporation . By:. Its:_ By:. Its:_ SUBLICENSEE NEW ASSOCIATION, a Califomia non-profit mutual benefit corporation By:. Its; SD\122S194.5 20»92l-l54573 E-7 jm 08 '99 02:51FM GCWF 20 RECPT. P.10 EXHIBIT 1 SITE LOCATION AND CONFIGURATION SD\1225I94.S 20892M 54573 E'O JRN 08 '99 02:51PM GCWF 20 RECPT. P. 11 SD\12251945 208921-154573 EXHIBIT 2 RULES AND REGULATIONS FORRV SITE E-9 CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW DATE: NOVEMBER 9,1998 TO: Associate Planner - Mike Grim FROM: Associate Engineer - Land Development Section VIA: Principal Civil Engineer - Land Development Section CT 97 - 20 / CDP 97 - 51 / PUD 97 -17 / MP 177(X) / LCPA 97 -11 : AVIARA PLANNING AREA 23 / CRISTALLA PROJECT APPROVAL AND CONDITIONS TRANSMITTAL Engineering Department staff has completed the review of the above-referenced project and are recommending: X That the project be approved subject to the conditions as listed on the attached sheet. That the project be denied for the following reasons: LAND DEVELOPMENT SECTION Project Report PROJECT ID: CT 97 - 20 / CDP 97 - 51 / PUD 97 -17 / MP 177(X) / LCPA 97 -11 : PROJECT NAME: AVIARA PLANNING AREA 23 / CRISTALLA LOCATION: North side of Aviara Parkway at the corner of and on both sides of, Black Rail Road. BRIEF DESCRIPTION: This is a Subdivision to develop 61 single family airspace units on 9 residential lots in addition to 10 open space, street, and recreation area lots. The project is located on 17.4 acres of pre-graded partially constrained land. The proposed development is also: An amendment to the Aviara Master Plan (multi family product type to single family, less building height, less front yard setback, etc..) an amendment to the local coastal plan (LCPA), a planned unit development (PUD) and a coastal development permit (CDP). The existing Aviara Visitor Center, on the east side of Black Rail Road, will be removed. The existing, temporary R.V. Storage area under the SDG&E easement will remain and take access thru this project. ENGINEERING ISSUES AND DISCUSSION: TRAFFIC AND CIRCULATION: Projected Average Daily Traffic (ADT): 610 ADT Comment: All frontage improvements are considered existing (based on previously approved plans and approved construction. On site circulation infrastructure is conditioned to be constructed concurrent with development. SEWER: Sewer District: Carlsbad Municipal Water District Sewer EDU's Required: 61 EDU's WATER: Water District: Carlsbad Municipal Water District GPD Required: 220 gpd/edu x 61 edu's = 13,420 GPD Comment: No major water issues are associated with this project. SOILS & GRADING: Quantities: Cut: 10,000 cy Fill: 10,000 cy Export / Import: -0-cy Permit required: Yes Off-site approval required: Yes Hillside grading requirements met: Yes A Soils Report will be required as part of the conditioned grading plan process for this plan. This site has been rough graded by CT 92-3 Phase III, DWG 341-5A. DRAINAGE AND EROSION CONTROL: Drainage basin: D Preliminary hydrology study performed by: Project Design Consultants Erosion Potential: Moderate Comment: There are no major drainage issues associated with this project. LAND TITLE: Conflicts with existing easement: No Easements dedication required: Yes Site boundary coincides with land title: Yes Comment: No major land title issues are associated with this project. IMPROVEMENTS: Off-site improvements: Black Rail Road must be completed to collector standards along the frontage of this project. Standard variance required: No Comment: No major improvement issues are associated with this proposed project. CT 97 - 20 / CDP 97 - 51 / PUD 97 -17 / MP 177(X) / LCPA 97-11 AVIARA PLANNING AREA 23 / CRISTALLA ^t- : ENGINEERING CONDITIONS OF APPROVAL 42. W07£: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be met prior to approval of a final map. 38. Prior to issuance of any building permit, the developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formerly established by the City. 39. There shall be one final subdivision map recorded for this project. 45. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. 43. The developer shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&Rs subject to the approval of the City Engineer. 46. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 47. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 48. The developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above 3 the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street- Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition." Fees/Agree/wenfs 50. The developer shall pay all current fees and deposits required. 51. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. 53. The subject property is within the boundaries of Assessment District No. 88-1 (Alga Road). Upon the subdivision of land within the district boundaries, the owner may pass through assessments to subsequent owners onlv if the owner has executed a Special Assessment District Pass-through Authorization Agreement. Said Agreement contains provision regarding notice to potential buyers of the amount of the assessment and other provisions and requires the owner to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the owner does not execute the Authorization Agreement, the assessment on the subject property must be paid off in full bv the owner prior to final map approval. 54. As required by state law, the subdivider shall submit to the City an application for segregation of assessments along with the appropriate fee. A segregation is not required if the developer pays off the assessment on the subject property prior to the recordation of the final map. In the event a segregation of assessments is not recorded and property is subdivided, the full amount of assessment will appear on the tax bills of each new lot. 55. The owner shall execute a hold harmless agreement for geologic failure. 56. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. Grading 58. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. 59. Prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. 61. No grading for private improvements shall occur outside the limits of the subdivision or on open space or coastal deed restricted areas unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either amend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. Dedica tions/lmorovem ents 31. The owner shall grant a covenant of easement for general access, utilities and drainage easements as shown on the tentative map. The covenant of easement shall be shown and recording information called out on the final map. 63. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. 64. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 67. Direct access rights for all lots abutting Aviara Parkway and Black Rail Road shall be waived on the final map, (except access as shown on the tentative map). 70. The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. ##. Prior to approval of grading plans or final map the R.V. storage area shall be designed to provide access circulation and drainage to this use. Grant deeds (if required) and maintenance agreements for this use shall also be approved by the City prior to grading plan approval or final map approval.-if a propoood design / o^f^ 9'"''°* doed / maintonanee agreement cannot be approved, tha antire planning area— Opjaci — shall bo rodosignod and amended to preclude the R.V. otorago uco.— itjpr^ 71. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: • The onsite private street, drainage and R.V. access as shown on the tentative map and as required by the City Engineer. • The completion of frontage improvements to Black Rail Road or to Aviara Parkway including but not limited to curb, gutter & sidewalk, landscaping and irrigation systems, street lights and access ramps. Improvements identified are as required or damaged during the development of this project. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. 72. The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. 73. The developer shall install sidewalks along all public streets abutting the project in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 74. Prior to occupancy of any buildings, the developer shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad Standards. 76. The design of all private streets and drainage systems shall be approved by the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. The standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. Final Map Notes 78. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data: 33.C. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available. 78.A. All improvements within the boundaries of this subdivision are privately owned and are to be privately maintained with the exception of: 1. Sewer and Water main lines within the public easements granted to the City. Note: The onsite storm drain system shown on the tentative map is considered private. 78.C. Geotechnical Caution: 78.C.I.Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 78.C.2.The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 78.D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 79. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. 34. The tentative tract map approval shall expire twenty-four (24) months from the date of the City Council Resolution containing the final decision for tentative tract map approval. ^ity of Carlsbfcl 97472 Fire Department Bureau of Prevention Plan Review: Requirements Category: Date of Report: Monday, January 12, 1998 Contact Name Mike Grim Address City, State _CA_ BIdg. Dept. No. Job Name Aviara PA23/Cristall Job Address Aviara Pky Fire Conditions Reviewed by:__iL^^&|^|efi- Planning No. MP 177(X) Ste. or BIdg. No. Of KI Approved - jhe item you have submitted for review has been approved. The approval is based on plans; information and/or specifications provided in your submittal; therefore any changes to these items after this date, including field modifica- tions, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to construct or install improvements. • Disapproved - Please see the attached report of deficiencies. Please make corrections to plans or specifications necessary to Indicate compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. For Fire Department Use Only Review 1 st 2nd 3rd CFD Job# 97472 File# Other Agency ID 2560 Orion Way Carlsbad, California 92008 (619) 931-2121 riequirements Category: ^Plre Conditions 97472 Deficiency Item: Satisfied 01 Building Permits Prior to the issuance of building permits, complete building plans shall be approved by the Fire Department. PropQsedJanguage: FNrioiJojisuaoee^?^^ the Fire Department shall evaluate building plans for conformance with applicabietire~gnd lifu mifuly luquimmantsofthe state and local Fire Codes. Deficiency Item: Satisfied 02 Hydrants Additional on-site public water mains and fire hydrants are required. I for Industrial and multi family: Prop( Provide additionaTpotjIic-fijgJiydr driveways, positierredTio'closer than 100 feet from flsbf 300 feet along public streets and private street intersections when possible, but should be tern^nus'ot^r^tfeet-otxla^^ Proposed cRarigB-fof-sipgleianTil^^ Provide additional public fire hydrantTaQnlefwaJ^^ feet along public streets and/or private driveways^_JHydrarila.sb©y€l^ street itTterSectieosjA^hen possible, but should be ptssitloned no^loser than 100 feet from terminus of a street or drivewS Deficiency Item: Satisfied 03 Site Plan/Hydrants Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include off-site fire hydrants within 200 feet of the project. Deficiency Item: Satisfied 04 Site plan/access Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. Deficiency Item: Satisfied 05 Access during construction An ali weather, unobstructed access road suitable for emergency sen/ice vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unsen/iceable due to inclement weather or other reasons, he may, in the Interest of public safety, require that construction operations cease until the condition is corrected. 06 Combustible construction materials on site Deficiency Item: Satisfied All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Deficiency Item: Satisfied 07 Security gate systems Prior to final inspection, all security gate systems controlling vehicular access shall be equipped with a "Knox", key-operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. Page 2 01/12/98 ^I^eqijlrements Category: Wire Conditions 97472 Deficiency Item: Satisfied 08 Fire lanes Prior to building occupany, private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of section 17.04.020 ot the Carlsbad Municipal Code. Deficiency Item: Satisfied 09 Brush clearance Native vegetation which presents a fire hazard to structures shall be modified or removed in accordance with the specifications contained in the City of Carlsbad Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the Fire Department for approval. ProposedTievsi^ndition Prior to issuanceotlheubuilding permit, the applicant shall obtain fire-depaTfment approval of a wildland fuel managemenrpiarrr-Tba,glanshallcleg^ proposed to mitigate and manage fire risk associated with natiyejieggtSfioH^irow within 60 feet of structures. The plan shall reflect the standardspcesenteSln the fire suppresStofi-eleiiient of the City of Carlsbad Landscape GuideliDSsHVranual. more below Prior to occupancy of condition of allvegetatignjadlbi^^ wildlana luei mariagennent plan complete, and the be in conformance with an approved Pages 01/12/98 5950 EJ Ctniino Real, (^bad, Ca 92001 LETTER OFTRANSNflTTAf^ cflginccnng uepartmcni ^Td. No. (619) 438-3367 To: P^riptiofK^»J \ JLUX a Pieliminary O Resubmit a Revised O Approved a Improvement Plans (Sheet • Use • File • Comment • Aj^roval of • Conectionj • Additions • Omissi • Kemarks Sheets) D Easement Flat and Description and/or Tract Map O Original Mylars (Sheet of Sheets) a Cost Estimate PROCES.S FOLTJOW.^;. a Retum p.C. and Set of Prints a Submit Tract Map/Plat & DescripUon a Submit Soils Rqwrt a Submit TiUe R^rt (6 Mo. Max. Age) O Submit Cost Estimate a Submit Fee Amount of $ a Obtain Fire Marshal's Signature • Submit Orig. Mylars for Dist Approval • Submit Sd/i of Approved LP.'s and One (1) Set of Rqiroducible 3 Ikiil Dbl. Matte BUc Dian Mylar (No Sepia) • Submit 3 1/2 or S1/4 Disk of AutoCad Rel 12/13 or DXF File CC: Ridiard GoedM En^eering Technician Carlsbtid Municipal Water District 5950 El Cannino Real, Carlsbad, CA 92008 Engineering: (619) 438-3367 Administration: (619) 438-2722 FAX: 431-1601 Date: Planning Department City of Carisbad 2075 Las Palmas Drive Carisbad, Califomia 92009 TO: FROM CMWD NO. SUBJECT: •C^\-/^ l^-^- Zgk "^tW^ UL (^^^U^^ In response to your inquiry of ^W-aElQ V^Q^ _,the District has reviewed subject project and the Carlsbad Municipal Water District conditions for potable water, reclaimed water and sewer systems are as follows: 1. The entire potable water ^stem, reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands can be met. 2. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. "Serving Carlsbad for over 40 years" ® Page 2 City of Carisbad .3. Sequentially, the Developers Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain G.P.M. demand for domestic and irrigational needs from appropriate parties. B. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (ie - GPM - EDU). 4. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. 5. C^v li^vS^^C(^l=r .l^K^-s.v^tr If you have any questions, please contact the undersigned. En^n^efTng Technician RG:ji Memorandum TO: Associate Planner, Mike Grim FROM: Associate Engineer, Clyde Wickham DATE: Junes, 1998 CT 97-20 / CDP 97-51 / PUD 97-17 / MP 177(X) / LCPA 97-11: AVIARA PLANNING AREA 23 / CRISTALLA ISSUES REVIEW Engineering Department staff has completed a review of the above-referenced project for issues. The application and plans submitted for this proposed project are from an Engineering standpoint considered complete with issues to be resolved prior to approval. The issues we have identified at this time are: Number of lots proposed not identified on tentative map.( should be near note #2 with note #11 & 12 next. Specific lots, open space, deed restricted, recreation, R.V. storage, internal slopes, not clear. Gated entrances (both) unacceptable, turnaround, queuing, and lane configuration not detailed as requested on previous check. R.V. turnaround at "A" street / Gate unclear. 11' retaining wall at entrance unacceptable. Reduce or redesign. Drainage system on top of wall along "C" street not shown. X-Gutter at Black Rail & "G" street not shown. R.V. access turn around drainage, utilities, improvements not shown. 20' access road is too narrow, recommend 24' minimum. (32' is better) Connection to "existing" improvements on Black Rail Road not shown. DWG numbers and grades not provided. Removal of end treatment not identified. Extension / continuation of improvements and utilities in Black Rail Road not shown. DWG #s for improvements not provided. Adjacent Topo in open space and north side building or land use, fences, greenhouses not shown. Drainage information from adjacent property also missing. Public Reclaimed water not shown areas proposed to use reclaimed water not clear. Sump / overflow drainage condition @ lot 1 and @ lot 40 / 41 not shown. Add to notes / detail "all sewer cleanouts and water meters to be located clear of driveways". Attached is a red-lined check print for the applicants M?e in making the requested revisions. This check print must be returned^ith tl:ie~^project revisions for continued staff review. / ,^ THAV Associate Engineer - Land Development Division Memorandum TO: Associate Planner, Mike Grim FROM: Associate Engineer, Clyde Wickham DATE: December 2, 1997 MPA 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51: CRISTALLA COMPLETENESS & ISSUES REVIEW Engineering Department staff has completed a review of the above-referenced project for application completeness. The application and plans submitted for this proposed project are currently incomplete and unsuitable for further review due to the following incomplete items: 1. The Preliminary Title Report indicates a different legal description than that shown on the tentative map, the site development plan, and the application (the application legal description was omitted). 2. The Assessors Parcel Numbers from the title report are different than that shown on the tentative map, site plan, etc.... 3. Please indicate aN easements and encumbrances, with the recordation number and date, in accordance with the PR. Indicate the future disposition of these easements and encumbrances either in plan view adjacent to the easement information, or, as an easement disposition chart. Note that typically, SDG&E easements require a joint use agreement. 4. The existing grading plan approved for this site (DWG # 341-5A) should be shown as a screened base. The proposed grading plan, should be designed on top with specific attention to existing easements and off site grading issues. 5. Please show any existing driveways which are located within 300' of the proposed project. Additionally, staff has conducted a review of the project for engineering issues of concern. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: Traffic and Circulation: 1. The proposed private street (lot "E") should be located across from "A" street to conform to current standards and intersection spacing. Again, adjacent points of access should be considered and shown, to avoid conflicts. 2. Please indicate Corner Sight Distance sight lines, in accordance with CalTrans criteria, for both directions at the proposed entrance(s) to this project and internally around the streets "A through G". Also show sight visibility at the Blackmail Road and Aviara Parkway intersection. 3. Please indicate the height at the ends of the proposed retaining walls. We are particularly concerned with the proposed 10 foot wall at the entrance to "A" Street. 4. The proposed gate system on "A" Street is unacceptable. A turnaround, call box and stacking area should be provided. 5. The proposed cul de sac and knuckle design does not meet current City Standards. Look at Std. GS 2,3 & 4 and revise as required. 6. Please indicate pedestrian access (i.e., concrete sidewalk) and access ramps on all internal streets. Sewer & Water: 1. Please indicate sewer laterals from the proposed buildings to public sewer facilities. Show or note that sewer clean outs and laterals are not located in driveways. Show water laterals and meter locations similar to sewer services with the same restrictions. The typical detail on sheet 1 and a note can resolve this. 2. If additional easements for sewer and water services are proposed, show them. Drainage: 1. Please extend the storm drain up Blackrail Road to serve intersections "A" and "E" and the adjacent properties. The RV storage area should also be considered. NPDES filter system will be required. 2. The proposed drainage pattern at the entrance to this project is unclear. Add spot elevations or contours as required. Are crossgutters being proposed at both intersections? 3. The drainage study needs to consider offsite or adjacent properties for runoff. Attached is a red-lined check print of the proposed project for the applicants use in making the requested revisions. This check print must be returned with the project revisions to facilitate continued staff review. If you or the applicantjiave any questions, please either see or contact me at extension 4353. Associate Engineer Land Development Division Citv of Carlsbad Planning Department FAX TRANSMITTAL DATE: September 20, 2001 TIME SENT: Number of Pages Being Transmitted (Including Cover Sheet): 3 TO: Stuart COMPANY: HPA PHONE #: 438-1465 FAX#: 438-2443 FROM: Mike G. DEPT.: PLANNING PHONE: (760) 602- 4623 FAX: (760) 602-8559 SPECIAL INSTRUCTIONS: Stuart: Apologies for the delayed response on this issue. The attached trellis/patio structure exhibits for Cristalla appear to meet all of the master plan and zoning criteria by maintaining the ten-foot building separation between lots and maintaining the five-foot side and rear yard setbacks. I am placing a copy of this correspondence in the CT 97-20 and MP 177(X) project files to (hopefully) facilitate future planchecks. Thanks, Mike • Return Fax 1635 Faraday Avenue • Carisbad, California 92008-7314 Hofman Planning LETTER OF TRANSMIHAL i i Associates Planning Project Management Fiscal Analysis DATE: September 17,2001 PROJ ECT: Cristalla, Aviara Planning Area 23 DELIVERED BY: ATTENTION: Mike Grim Message: Per the messages I have left for you regarding Cristalla, attached are revised Trellis/Patio Coverage Area exhibits. As I have stated in my previous messages, the exhibits show a 10-foot minimum separation between the trellis/patio structures and neighboring units, a 5-foot minimum rear yard setback, and a 5-foot minimum setback on the zero lot line side of each unit will be maintained. If you have any questions or comments please contact me as soon as possible since these exhibits have been incorporated into the project's CC&Rs which will be finalized soon. FROM: Stuart Fisk (RP) 5900 Pasteur Court • Ste 150 • Carlsbad • CA • 92008 • 760-438-1465 • Fax 760-438-2443 Brehm/PA23 2001-09-14 11:12 FROH-ESTRADA lAND PLANNIMQ 618-236-0578 T-912 P.001/005 F-838 LEGEND m ALLOWABLE TRELLIS/PA TtO COVERAGE: AREA UMIT OF POSiS. mULS, OVERHANG AND SUPPORTS FOR TRELUS/PATIO COVER CRISTALLA - AVIARA PLANNING AREA 23 TRELUS/PATIO COVERAGE AREA EXHIBIT I ! T n o 3 "0 s T tn --^ o s —jr X X X J: r £~ o © CO ) 5- 5 ) to ? O i" 1 T) 3 c 4 3 c > «^ r ) fa o q ) • I/' n 1 • ' c 1 V 1 r-• < Fax X ? • •q r> > 5" X :x 1 1 o o p TI 8 fa 1% 1 o 3 r e « I-r • F 0 ' fN ; fs SCALE: V'=20'-0" 09/13/01 2001-09-14 n;!2 FRGM-ESTRAOA UND PLANNING O^E 6!9-235-0578 T-912 p.002/305 F-938 WALL ORTENCE TYP. WALL OR' FENCE, TYP. LEGEND 1^ ALLOWABLE TRELUS/PATIO COVERAGE AREA UMIT OF POSTS, WALLS, OVERHANG AND SUPPORTS FOR TRELUS/PATIO COVER CRISTALLA - AVIARA PLANNING AREA 23 SCALED ?"^20--O- TRELUS/PATIO COVERAGE AREA EXHIBIT 09/i5/oi February 4, 1999 Mr. Klaus Mendenhall The Brehnn Comnnunities 2835 Camino del Rio South, Suite 220 San Diego CA 92108 SUBJECT: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA - AVIARA PLANNING AREA 23 Dear Klaus: As a follow-up to our phone conversation, there are two outstanding issues with regard to the Cristalla development proposal that must be resolved before we can take the project forward to the Planning Commission. These issues involve the total amount of common recreation area and the securing of Master Plan resident access to, and use of, the RV site located in the SDG&E easement. With regard to the recreation area, an agreement was reached to allow several "pocket-parks" with one larger passive recreation area at the eastern terminus of the southernmost cul-de-sac. The latest submitted site plan does not show the necessary crib wall and flat area needed for this cul-de-sac recreation area. The total amount of common recreation area required for the development is 6,100 square feet. With regard to the Master Plan RV storage site, Planning staff wants an irrevocable offer to transfer title of the RV site proper to the existing Master HOA (with a stipulation that it be made available to all the residents of Aviara) and an easement on the access (private) road across Cristalla to the RV site, also in favor of the existing master HOA. Brehm has the option of offering the site and easement to the new HOA, if that is their preference, but then we will not take the project forward until the new HOA exists. In either case the new owner of the RV site must grant use of the site to all the residents of Aviara. Please feel free to contact me at (760) 438-1161, extension 4499 if you have any questions. Thank you. Sincerely, MICHAEL GRIM Associate Planner Citv of Carlsbad Planning Department January 27, 1999 Paula Lombardi Brehm-Aviara III Development Association LP 28358 Camino Del Rio So Ste 220 San Diego CA 92108 SUBJECT: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA - A AVIARA PA 23 The preliminary staff report for the above referenced project will be mailed to you on Friday, January 29, 1999. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on February 4, 1999. A twenty (20) minute appointment has been set aside for you at 10:00 a.m. If you have any questions concerning your project you should attend the DCC meeting. If you need additional information concerning this matter, please contact your Planner, Mike Grim at (760) 438-1161, extension 4499. CITY OF CARLSBAD GARX E. WAYNE Assistant Planning Director GEW;MG:eh c: File Copy 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® City of Carlsbad Planning Department FAX TRANSMITTAL DATE: TIME SENT: TO: COMPANY: PHONE #: l(j;\^')^Z-no90 FAX#: 7^/4) ^^g-g:^^ NUMBER OF PAGES BEING TRANSMITTED: (INCLUDING FAX TRANSMITTAL) FROM: DEPT: PLANNING //^ PHONE #: (760') 438-1161 ext. ^fT^ FAX#: (760) 438-0894 SPECIAL INSTRUCTIONS: 4f A^^^ A?^c & /e h^i ^7 7c. ^/ t^llAJ /Tl 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ^ r Gray Cary Ware A Freidenrich LLP <01 B St^et 5J'te i 700, San Diego, CA 92101 -•<2?7 CHAFILES E. BLACK Phone 615-699-2700 Fax 619-236-10^6 vww.gcwf.com Writer's Oinect Dial: 619-699-287^ Internet cb!»ck@gc?A^.conn Our File No: 208921-154573 January 8, 1999 VIA FACSIMILE Mr. Paul Klukas Planning Systems 1530 Faraday Avenue, #100 Carlsbad, CA 92008 Re: Aviara RV Site Dear Paul: I have enclosed for your information and submission to the City of Carlsbad Planning Department, a draft of the Sublicense Agreement among the Brehm entity that owns Planning Area 23, the Aviara Master Association and the Aviara-Premier Collection Master Association (the new association responsible for Phase UI). I have been advised by Jon Epsten, the attomey for the Aviara Master Association, that although his cUent is agreeable in principle to the enclosure, additional comments and revisions will be forthcoming from the Aviara Master Association. teh&les E. Black Very truly yours, _ \/M^'J~ j^^-f>^^ GRAY CARY WARE & FREIDENRICH LU- , \^r)(P^ (\ By: ' CEB:bmc Enclosure SD\1250802.1 cc: Ms. Paula Lombardi (w/enclosure) Via Facsimile Jon H. Epsten, Esq. (w/enclosure) Via Facsimile SILICON VALLEY SAN DIEGO SAN FFWJCISCO AL«TIN LApLLA IMPERIAL VAULEY MEXICO City of Carlsbad Planning Department FAX TRANSMITTAL DATE: ^^(^/^^ NUMBER OF PAGES BEING TRANSMITTED: ^ (INCLUDING FAX TRANSMITTAL) TIME SENT: ^ / "7 - VS" / /V TO: COMPANY: f^cxjoL,^ DEPT: PLANNING ^^g^yjiA DEPT: PLANNI PHONE #: ^ 5>y^'' 3 PHONE #: (760)438-1161 ext. FAX#: ^1^' 3(P^h FAX#: (760)438-0894 SPECIAL INSTRUCTIONS; 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ^ City of Carlsbad Planning Department May 18, 1998 Richmond O'Neill Brehm - Aviara III Development Assoc. 2835 Camino del Rio North, Suite 220 San Diego CA 92108-3882 SUBJECT: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA The Planning Department has reviewed the resubmittai of your Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development Permit and Coastal Development Permit, application no. MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-5. The project still contains some issues of concern. These issues, listed below, must be addressed before this application can be scheduled for a hearing. The Engineering Department is currently reviewing your resubmittai and will forward their comments/concerns to you under a separate correspondence. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Mike Grim, at (760) 438-1161, extension 4499, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZWIILLER Planning Director MJH; MGimh Attachments Gary Wayne Dennis Turner Clyde Wickham Bobbie Hoder File Copy 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® ISSUES OF CONCERN No. MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA Planning: 1. The proposed master plan text amendments are acceptable to staff, including the revised unit allocation, the front yard setback clarification and Coastal Commission text regarding future trails in the planning area. 2. The submitted noise study by Mestre Greve Associates, dated March 9, 1998, adequately reviews the potential noise impacts on the property from Aviara Parkway and the proposed mitigation does not raise any issues of concern. Compliance with the recommended noise mitigation measures will be a condition of approval for the project. The site is also subject to aircraft noise and overflight and a noise notice will be required to be posted in the sales office and recorded on the title of the property. 3. The proposed small lot single family development is subject to the Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance) and the Small Lot Single Family Guidelines (City Council Policy Statement No. 44). Following is a discussion of the compliance with the intent of the documents. Guidelines No. 1, 2 and 3 of Policy No. 44 state that 33 percent of the units should meet the single story edge guidelines. The submitted compliance chart states that Plan 2 satisfies these guidelines, however there are only 19 Plan 2 units in the 61 unit project. Please add two additional Plan 2 units to the project, preferably in areas along "E" Street and "F" Street, where there are more than three units in a row without a Plan 2 unit. The proposed architecture appears to comply with the other six architectural guidelines listed in Policy No. 44. If both the guidelines and the intent of the Small . Lot Single Family Guidelines have .been met, the project should not appear "boxy" or as "row housing". If this is the case, the proposed recreation area on the south side of "C" Street could be revised to not continue through to the southerly project boundary. The remaining comments about recreation areas are contained in item number 5 below. 4. There are still some dimensions needed on the site plan, namely side yard setback dimensions for most of the lots and front setbacks for Lots 58 and 61. The 1 5 foot by 15 foot usable rear yard areas have been hatched on the plans, however it appears that the yards on Lots 3, 15 and 19 can be relocated to be contained completely within the lot. If a 15'x15' usable yard will not fit within the property lines, please do not show the hatched area. 5. The total number of lots with 15' x15' private recreation areas, including Lots 3,15 and 19, is 43. Therefore, the total amount of common passive or active recreation area required is 7,900 square feet [(61 total du x 200 sq ft/du) - (43 du x 100 sq ft/du credit)]. The Planning Department supports the use of small "pocket parks" throughout the development, provided there is also some connecting pedestrian access. It appears that additional common recreation area could be added on the north end of the "C" Street cul-de-sac bulb. The proposed retaining walls over six feet raise issues of concern. While these walls are named "landscape walls", there is no reference to planting on or around the walls on the landscape plans. The proposed over 11 foot high "landscape" wall at the "A" Street entry would be extremely visible from the Black Rail Road public right-of-way. The proposed over nine (9) foot high wall behind Lot 9 would also be quite visible from the Aviara Parkway public right-of-way. Please redesign these areas to reduce the heights and/or visual impacts of these walls. As a general note, all retaining walls that are adjacent to streets should be setback sufficiently to allow for planting between the wall and right-of-way or sidewalk. Th is would include those walls adjacent to "C" Street and "D" Street, as well as those mentioned above. The proposed fire suppression zones need some adjustment. No Zone 1 fire suppression areas can be located within the Coastal Commission deed restricted area, as proposed behind Lots 45 - 47. According to original master plan exhibits, there may also be Coastal Commission deed restricted open space to the west of the project, behind Lots 5-9. If this is the case, the proposed fire suppression zones, and possibly the grading scheme, would need revisions. The title report for the property should include a legal description of all deed restricted open space. The total number of guest parking spaces exceeds that required by the Planned Development Ordinance. Given that streets without marked guest parking (i.e. "E" Street and "G" Street) have minimum 20 foot long driveways and 32 foot wide street, the distribution of marked guest parking spaces is adequate. It is recommended that all areas suitable for guest parking be marked as such to alert visitors as to the safe parking areas, whether used as required guest parking or not. The proposed granting of an exclusive use easement from one side yard of each unit to the adjacent property is acceptable, provided no physical improvements are allowed in this area (including driveways) and all future improvements are setback from the property line, not the easement line. All restrictions on these exclusive use areas must be clearly described in the project CC&Rs and approved by the Planning Department prior to final map recordation. City of Carlsbad Planning Department June 8, 1998 Richmond O'Neill Brehm - Aviara III Development Assoc. 2835 Camino del Rio North, Suite 220 San Diego CA 92018-3882 SUBJECT: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA - AVIARA PA 23 The Engineering Department has completed its review of the resubmittai of your Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development Permit and Coastal Development Permit, application no. MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51. Listed below are the Engineering issues of concern. These concerns, coupled with the Planning Department correspondence, dated May 18, 1998, constitute the entire comments on your proposed development. Enclosed are the Engineering Department's red-lined checkprints to assist in your revisions. These checkprints should be returned with any subsequent submittal. Please feel free to contact me at (760) 438-1161, extension 4499, if you have any questions. Sincerely, MICHAEL GRflM Associate Planner Enclosure Clyde Wickham File Copy 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® ISSUES OF CONCERN No. MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA Engineering: 1. Number of lots proposed is not identified on the tentative map (this should be near note #2, with note #11 and #12 next). 2. Please clarify the exact boundaries of the specific lots, open space, deed restricted areas, recreation areas, R.V. storage and internal slopes. 3. Both gated entries are unacceptable. The turnaround, queuing and lane configuration are not detailed as requested on the previous check. 4. It is not clear how R.V. turnaround will be handled at the proposed entry gate for "A" Street. 5. The 11 foot high retaining wall at the entrance to "A" Street is unacceptable, please reduce or redesign. 6. Please clarify the drainage system on top of the wall along "C" Street. 7. Please show the X-Gutter at Black Rail Road and "G" Street. 8. R.V. access, turnaround, drainage, utilities and improvements are not shown. The proposed 20 foot wide access is too narrow. A minimum width of 24 feet is recommended, 32 feet is preferred. 9. Please show the connection to "existing" improvements on Black Rail Road and indicate the grades and City Drawing Numbers for those areas. The removal of end treatment is not identified. Please also show the extension/continuation of improvements and utilities in Black Rail Road and indicate the City Drawing Numbers for those improvements. 10. Please clarify the existing topography in the open space as well as the building or land uses, fences and greenhouses on the north side of the project. 11. Please clarify the areas proposed to use reclaimed water and indicate all necessary improvements for this use. 12. The sump/overflow drainage conditions on Lot 1 and Lot 40/41 is not shown. Please clarify. 13. Please add the following declaration to the notes/details: "all sewer cleanouts and water meters to be located clear of driveways". 2835 ^BSAN DIEGO CAMINO DEL RIO SOUTH ^i^CALIFORNIA 92108-3882 SUITE 220 619 293-7090 FAX 619 293-30.56 THE EREHM#COMPANIES March 19, 1998 Michael Grim CITY OF CARLSBAD Planning Department 2075 Las Palmas Dr. Carlsbad, Ca 92009 Re: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA Enclosed with this letter are revised plans and documents in satisfaction of the item/issues comments listed in the letter dated Dec. 19,1997 which Brehm received on Dec. 30, 1997. The intent of this letter is to provide specific responses to the comments identified in the Dec. 19, 1997 letter. The following numbered response items reference the numbers identified in the comments letter. ISSUES OF CONCERN Planning: 1. The enclosed text revisions adjust the maximum unit yield to the 61 units proposed. 2. The enclosed text includes the statement that "all front yard setbacks in Planned Developments are measured from the back of sidewalk or, in the case of no sidewalk, the back of the curb". 3. A noise study has been prepared and is attached. A noise notice will be posted in the sales office and recorded on the title of the property. 4. An Architectural Guideline Compliance Summary is attached as requested. The single story element requirement is now satisfied. Plan 2 has a single story element the entire length of the building. All minimum building planes requirements are now met. Brehm would like to request an exception to the "10 in a row" regulation. Brehm has complied with all other request. On the lower street where there were originally 21 lots with homes plotted Brehm has complied with the drop a lot requirements. On the upper street there are only 11 lots so Brehm is requesting an exception. 5. The following information has been revised on the site plan: a. All building setbacks and separations are shown on the plans. b. Rear setbacks and 15' x 15 'private recreation areas are now shown. c. All walls are shown on the TM and the PDP. The sound wall is shown on lots that are parallel to Aviara Parkway. 6. While appreciating Staff's position concerning the front yard setbacks, we feel that looking at both zoning and Council Policy Statement on Small lot single family homes the project will not appear as boxy or as row housing. In fact over 30% of the units. Plan 1, have a 20' front yard setback. With the various front elevations that Starck Architecture has designed Brehm feels that a very varied and attractive street scape will be presented to both the public and the homeowners. The minimum street side -yard setback is 10 feet. Lots 53 and 60 were revised per the 10-foot setback. 7. The minimum rear yard for any of the units is 10 feet. All rear yards adjacent to Aviara Parkway have been revised to include a minimum rear setback of 15' from the top of slope. 8. A total of 22 guest parking spaces parking spaces are shown on the Planned Development Plan. 18 guest parking spaces are required. 9. The recreation areas have been revised. These revised lots are now large enough to support passive recreational amenity. The total area of the recreation area is shown on the PDP. The revised preliminary landscape plan indicates all recreation areas with proposed amenities. All 61 lots are shown with the 15' X 15' recreation area indicated on the preliminary landscape plans. 10. The garage dimensions are 20.83' X 21.0' outside of wall to outside of wall. With a 10 ft. plate height the garage would yield 4,374 cu. ft. It is Brehm's understanding that the garage would more than fulfills the Planned Development Ordinance requiring a storage space of at least 480 cubic feet. 11. All lots have a minimum square footage of 3,500 SF All lots except those located on cul-de-sacs and around curves have a minimum street frontage of at least 40 feet. 12. Comments have not yet been received from the City's Landscape Plancheck consultant. The landscape plans have been revised to reflect all of the above modifications. Engineering: 1. The legal description has been revised on the TM and PDP. 2. Current assessor parcel numbers are shown on the TM and PDP. 3. All easements and encumbrances are shown on the PDP per the recorded Final Map No. 13512. 4. Drawing No 341-5A is shown as the existing screened topo base. 5. Existing driveways/entrances are shown on the sheet index map. 6. "G" Street was realigned at the request of the City of Carlsbad. The new alignment is adjacent to "A" Street. 7. All corner site distances are shown n the TM and PDP Existing wall/monument at Blackrail Road and Aviara Parkway intersection is shown on the TM. 8. Landscape wall heights are shown on the PDP. 9. The proposed gate system on "A" Street has been revised. 10. The proposed cul-de-sac in "C" Street was revised. 11. Pedestrian access ramps and concrete sidewalks are shown on the plans. 12. Proposed water and sewer service locations are shown on the cover sheet. Due to the variety of driveway and unit locations please refer to the note on the cover sheet. 13. All future easements are shown and labeled as "proposed easement". 14. Brehm Homes will coordinate the construction and payments of the storm drain system located in Blackrail Road. At this time, future development to the North and existing pipe capacity at the South are not known. 15. Flow arrows have been added at the entrances to clarify the proposed drainage patterns. 16. A preliminary drainage study has been submitted to the City of Carlsbad. The red-lined print of the this project is been returned with this submittal. We anticipate that the plans and documents are now consistent with your expectations. Please let me know immediately if there is any additional information or clarification you need in order to schedule this item for a Planning Commission hearing. Sincerely Richmond O'Neill Project Manager cc: Woody Brehm D. L. Clemens Paul Kulkas The City of Carlsbad Planning Departme^ A REPORT TO THE PLANNING COMMISSION Item No ® P.C. AGENDA OF: March 17, 1999 Application complete date: December 15, 1997 Project Plamier: Michael Grim Project Engineer: Clyde Wickham SUBJECT: MP 177(XVLCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA - AVIARA PLANNING AREA 23 - Request for a Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit to allow the subdivision and construction of a 61 unit, single-family air-space condominium development on pregraded pads located in Aviara Plaiming Area 23, at the northeast comer of Aviara Parkway and Black Rail Road, in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4470, 4471, 4472, 4473 and 4474, RECOMMENDING APPROVAL of MP 177(X), LCPA 97-11, CT 97- 20, PUD 97-17 and CDP 97-51, based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The proposal involves a 61 imit single-family, air-space condominium development in the previously graded Aviara Planning Area 23, located at the northeast comer of Aviara Parkway and Black Rail Road. The Master Plan Amendment and Local Coastal Program are proposed to change the Planning Area from a multifamily residential use to a single family residential use, as well as lowering the total unit yield. The Tentative Tract Map and Plaimed Unit Development are proposed to subdivide and constmct the single-family, air-space condominiums, and a Coastal Development Permit is proposed for development in the Coastal Zone. The project conforms to all applicable regulations and staff has no issues with the proposal. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Brehm-Aviara III Development Associates, is requesting approval of a Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit to allow the subdivision and constmction of a 61 unit single-family condominium development in Aviara Planning Area 23. The 17.4 acre site is located on the northeast comer of Aviara Parkway and Black Rail Road and is currently the location of the Aviara Information Center. To the north of the site, across the master plan boundary, are agricultural operations. East and west of the site is native habitat and south of the site, across Aviara Parkway, is Marea (PA 12), a single-family condominium development. The MP 177(X)/LCPA 97-11/^97-20/PUD 97-17/CDP 97-51 - CRIsf^LA - AVIARA PA 23 March 17, 1998 Page 2 site is currently mass graded in accordance with the Aviara Phase III Final Map and all facilities necessary to serve the proposed development are already in place or are currently being installed. The project would take access off of the currently improved Black Rail Road, with no access allowed onto Aviara Parkway. Planning Area 23 is zoned P-C (Planned Community) and designated for uses and development in accordance with the Planned Development Ordinance, as modified by the Aviara Master Plan. The General Plan designation on the property is RM (Residential Medium Density), allowing from 4 to 6 dwelling units per developable acre. There are some existing steep slopes and a major power transmission line easement. Deducting these areas fi-om the gross acreage yields approximately 14 developable acres, with a resulting project density of approximately 4.38 dwelling units per acre. Planning Area 23 has been the home of the Aviara Information Center since 1991. Despite its appearance, the Information Center is actually a modular building and is currently being dismantled and removed from the site. Planning Area 23 also contains the recreational vehicle (R.V.) storage area for the entire Aviara Master Plan, located within the SDG&E power transmission line easement that traverses the northeast comer of the Planning Area. The R.V. storage area, constmcted in 1990, has been under the control and responsibility of the Avieira Master Homeowner's Association and will continue to be maintained by the Master Association and to be available to all residents of Aviara. Section II.E.15 of the Aviara Master Plan requires the existence of a Master Homeowner's Association and mandates that all Planning Areas be represented on the Master Association. The City is currently processing a Master Plan Amendment (MP 177(BB)), however, that would allow the Aviara Master Plan to be covered by two Master Homeowner's Associations. If approved, the discretionary action would permit the creation of a separate Master Homeowner's Association for the Planning Areas located within Aviara Phase III. Regardless of whether there is one Master HOA or two Master HOAs, all master plan facilities shall continue to be maintained and to be available to all Aviara residents. Condition number 11 of Planning Commission Resolution No. 4427 has been written to require annexation of Planning Area 23 into either the existing Aviara Master Homeovraer's Association or, should two HOAs exist at the time of fmal map approval, the newly created Master Homeowner's Association. The Cristalla - Planning Area 23 proposal involves two components: a Master Plan Amendment and Local Coastal Program Amendment to revise the use allocations and development standards of the Aviara Master Plan, which is also the Coastal Zone Implementing Ordinance for Planning Area 23; and, a Tract Map, Planned Unit Development Permit and Coastal Development Permit to allow subdivision and constmction of a 61 unit single-family, air-space condominium development. A copy of the revised master plan text is attached to Planning Commission Resolution No. 4470 and a redlined-strikeout version of the proposed master plan text changes is attached to this staff report. The Master Plan Amendment and Local Coastal Program Amendment would make the following revisions to the provisions for Aviara Planning Area 23: Reduce the total unit allocation from 142 units to 61 units. MP 177(X)/LCPA 97-11/^97-20/PUD 97-17/CDP 97-51 - CRIS^LA - AVIARA PA 23 March 17, 1998 Page 3 • Revise the allowed uses from multi-family residential to single-family, air-space condominiums. • Revise development standards to reflect the single-family, air-space condominium development, such as reduced building separation and an allowance for reduced front yards. Physically, the Cristalla - Planning Area 23 project involves 61 single-family stmctures taking access off of several private streets. As shown on Exhibit "B", dated March 17, 1999, the only lots proposed are those for phasing, with the individual homes being surrounded by exclusive use areas. The total amount of lots proposed is 26. These lots include private streets, intemal project open space, project recreation areas, housing and the Master Plan R.V. storage site. Common passive recreation areas are distributed throughout the gated development and all existing open space is proposed to be preserved. The homes would range in size from approximately 2,500 square feet to 3,000 square feet. As shown on Exhibits "A" - "W", dated March 17, 1999, the architectural style would be Mediterranean, in keeping with the design criteria of the Aviara Master Plan. The Cristalla - Aviara Planning Area 23 project is subject to the following regulations: A. General Plan; B. Local Coastal Program; C. Aviara Master Plan (MP 177 and its amendments); D. P-C - Planned Community Zone (Chapter 21.38 of the Zoning Ordinance); E. Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance); F. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); G. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance); H. Zone 19 Local Facilities Management Plan. IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA - AVIARA PA 23 March 17, 1998 Page 4 A. General Plan The Cristalla - Aviara Planning Area 23 project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the air-space, single-family condominium project are the Land Use, Circulation, Housing, Public Safety and Open Space and Conservation Elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. TABLE 1 - GENERAL PLAN COMPLIANCE ELEMENT USE CLASSIEICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES AND IMPROVEMENTS COMPLIANCE Land Use Site is designated for residential land use at a density of 4.0 to 6.0 du/ac. Proposed density is 4.38 dwelling units per acre. Yes Circulation Require new developments to constmct all roadways needed to serve the development prior to or concurrent with needs. All street improvements will be completed prior to, or concurrent with, development. Yes Housing Ensure that all master planned communities and qualified subdivisions provide a range of housing for all economic income ranges. Master plan developer has constmcted sufficient units in the Villa Loma development to cover PA 23's affordable housing requirement. Yes Public Safety Design all stmctures in accordance with the seismic design standards of the UBC and State building requirements. All building will meet UBC and State seismic requirements. Yes Provision of emergency water systems and all weather access roads. All necessary water mains, fire hydrants and appurtenances must be installed prior to occupancy and all weather access roads will be maintained throughout constmction. Yes Open Space and Conservation Minimize environmental impacts to sensitive resources in the City. Project maintains amount of native habitat and erosion control during grading reduces sedimentation of the lagoon. Yes MP 177(X)/LCPA 97-1 l/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA - AVIARA PA 23 March 17, 1998 Page 5 B. Local Coastal Program The Cristalla - Aviara Planning Area 23 site lies within the Mello I segment of the City's Coastal Zone and is subject to the corresponding land use policies and implementing ordinances. The implementing ordinance for those portions of Mello I within Aviara are contained in the Aviara Master Plan. This section addresses only conformance with the Land Use Plan since implementing ordinance conformance is addressed in section C below. The policies of the Mello I segment emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The land uses allowed through the LCP segments are the same as those allowed through the Aviara Master Plan, therefore the proposed residential uses are consistent with the LCP. All steep slopes with native vegetation were preserved through the tentative tract map for Aviara Phase III (CT 92-03) and no encroachment is proposed with the residential constmction. The current erosion control standards of the Engineering Department will be maintained throughout the project site to deter erosion and potential lagoon sedimentation. No agricultural lands exist on the project site, therefore no impacts to such will occur. The project site is located 0.18 miles from the Batiquitos Lagoon and 0.38 miles from the Pacific Ocean, therefore no existing or future coastal access routes exist through the site. No significant visual resources exist on or near the graded project site. Given the above, the project is consistent with the Mello I land use policies. C. Aviara Master Plan According to the Aviara Master Plan, all development within Planning Area 23 is to follow the requirements of the Planned Development Ordinance, except as modified in the master plan. Most of the development standards, such as use allocation, building height, setbacks and design criteria are contained in the master plan and are therefore discussed below. Some of these standards, namely use allocation and front yard setbacks, are part of the proposed Master Plan Amendment, therefore the project is internally consistent with those proposed standards. Table 2 below details the project's conformance to these master plan standards and criteria. TABLE 2 - AVIARA MASTER PLAN CONFORMANCE MASTER PLAN REQUIREMENT PROPOSED PLAN COMPLIANCE Building Heiglit: Maximum of 30 feet All units measure between 26 and 28 feet high. Yes Aviara Parkway setback: Minimum of 50 feet All units are at least 50 feet from Aviara Parkway. Yes MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA - AVIARA PA 23 March 17,1998 Page 6 TABLE 2 - AVIARA MASTER PLAN CONFORMANCE MASTER PLAN REQUIREMENT PROPOSED PLAN COMPLIANCE SDG&E easement setbaclc: Minimum of 30 feet All units are at least 30 feet from the SDG&E power line easement. Yes Front yard setback: Minimum of 20 feet (except as proposed for amendment) All garages facing the street are setback a minimum of 20 feet. Yes As shovm in Table 2 above, the developer has met or exceeded compliance with the master plan development standards. Therefore, the proposed single-family air space condominium project is consistent with the provisions of the Aviara Master Plan. D. Planned Community Zone The underlying zoning of the proposed Cristalla - Aviara Planning Area 23 project site is P-C, Planned Community. In accordance with that designation, the Aviara Master Plan was created to implement that zoning. No specific development standards or design criteria exist in the P-C zone, however, and all applicable standards and criteria are contained within, or referenced by, master plan documents. Therefore, conformance with the master plan requirements also indicates conformance with the Planned Community Zone. With regard to the zoning contained in the Aviara Master Plan, development within Planning Area 23 shall be a maximum of 142 multifamily units, developed in accordance with the Planned Development (PD) Ordinance (Chapter 21.45 of the Zoning Ordinance). The proposed amendments to the Master Plan and Local Coastal Program would revise this use allocation to a maximum of 61 single family, air-space condominiums. The requirements for development in conformance with Planned Development Ordinance are not being revised and are still in effect. E. Planned Development Ordinance While the Cristalla - Aviara Planning Area 23 project is subject to the Aviara Master Plan (MP 177 and its amendments), some of the master plan development standards and design criteria refer back to the Zoning Ordinance, specifically the Planned Development Ordinance. Pursuant to that reference, the single family air space condominium project is subject to the Planned Development requirements regarding recreation facilities, private streets, recreational vehicle storage and intemal storage space. Table 3 below details the project's conformance with those requirements. MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA - AVIARA PA 23 March 17, 1998 Page 7 TABLE 3 - PLANNED DEVELOPMENT ORDINANCE CONFORMANCE PD ORDINANCE REQUIREMENT PROPOSED PLAN CONFORMANCE Recreation Area: 200 square feet per unit (with 100 sq ft credit for units with 15'xl5' rear yards) Total common recreation area provided is 6,100 square feet and all units have rear yards of minimum 15 feet by 15 feet. Yes Private Street: 30 feet, no parking 32 feet, parking on one side Proposed intemal streets measure 32 feet, allowing parking on one side. Yes RV Storage: 20 square feet per unit All planning areas covered by Aviara master plan recreation vehicle storage area. Yes Storage Space: 480 cubic feet per unit All homes contain at least 480 cubic feet of intemal storage. Yes Given the above, the proposed development is consistent with the Planned Development Ordinance, Chapter 21.45 of the Zoning Ordinance. F. Subdivision Ordinance Title 20 of the Carlsbad Municipal Code (CM.C.) details the procedures and requirements for a Tentative Subdivision Map. There are a variety of findings and circumstances that must be found in order to approve a Tentative Map. These findings center around preventing easement and/or title conflicts and providing adequate street, drainage and other infrastmcture improvements. The necessary findings also include consistency of the subdivision with Title 19 (Environment Ordinance) and Title 21 (Zoning Ordinance) of the CM.C, which is demonstrated in the other sections of this report. The existing lots composing Aviara Planning Area 23 were legally created through the Aviara Phase III Master Tentative Map and all necessary sfreet dedications for the adjacent roadways have been completed. All required improvements, such as streets, sewer lines, storm drains, and water lines are already in place, or will be in place prior to, or concurrent with, development in accordance with the City's Growth Management Program. Given this, the project is consistent with the Subdivision Ordinance. MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 March 17, 1998 Pages CRISTALLA - AVIARA PA 23 G. Growth Management Ordinance The Cristalla - Aviara Planning Area 23 proposal is a residential project and, therefore, subject to the provision of all growth management facilities. Table 4 below details the project's compliance with the standards of the Growth Management Ordinance. TABLE 4 - GROWTH MANAGEMENT COMPLIANCE Standard Impacts/Standard Compliance City Administration 491.57 sqft Yes Library 262.14 sqft Yes Waste Water Treatment 61 EDU Yes Parks 0.98 acres Yes Drainage PLDAD Yes Circulation 610 ADT Yes Fire Station # 4 Yes Open Space N/A Yes Schools C.U.S.D. Yes Water 13,420 GPD Yes The project is 81 units below the Growth Management Control Point. Given the above, the Cristalla - Aviara Planning Area 23 project is consistent with the Growth Management Ordinance. H. Zone 19 Local Facilities Management Plan Local Facilities Management Zone 19 covers the entire Aviara Master Plan, including Planning Area 23. No special development requirements, such as roadway constmction or other infrastmcture requirements, apply to this 61 unit residential development. The LFMP does require that all facilities needed to serve the development be in place concurrent with, or prior to, need. The Cristalla - Aviara Planning Area 23 project, as conditioned, will be served with all utilities and improvements prior to occupancy of any unit. The project is also conditioned to pay the required public facilities fee prior to issuance of building permits. Therefore, the proposed project is consistent with the Zone 19 LFMP. V. ENVIRONMENTAL REVIEW Earlier environmental analyses have been completed for the project site on several occasions. One is the Master Environmental Impact Report for the City's 1994 General Plan Update (MEIR 93-01) reviewed the potential impacts of buildout of the City's General Plan, including transportation and air quality impacts. Another source is the Environmental Impact Report for MP 177(X)/LCPA 97-11/ff 97-20/PUD 97-17/CDP 97-51 - CRIS^LLA - AVIARA PA 23 March 17,1998 Page 9 the Pacific Rim Country Club and Resort (EIR 83-02(A) for CT 85-35/MP 177) certified on December 8, 1987, analyzed all of the potential impacts for the development and occupation of the over 2,000 units residential master plan (now known as Aviara) with its associated 18 hole golf course, 550 room hotel, sports club and neighborhood commercial site, including development of Planning Area 23. The third previous environmental document is the Mitigated Negative Declaration for the Aviara Phase III Master Plan Amendment (CT 92-03/MP 177(G)), approved January 25, 1994, which reviewed the grading and constmction related to the development of Phase III, including development of Planning Area 23. The fourth previous environmental document is the Negative Declaration and MEIR Addendum for the Aviara Planning Area 23 Master Plan Amendment and General Plan Amendment (MP 177(R)/GPA 96- 02), which reviewed the potential environmental impacts associated with development Aviara PA 23 with up to 142 residential units. The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection "level of service" (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to §15162 of the CEQA Guidelines a lead agency must prepare a "Subsequent" environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a "Subsequent EIR" if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves constmction of two dual right tum lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection "short-term improvements" thereby, guaranteeing mitigation to a level of insignificance. ATTACHMENTS: 1. Planning Commission Resolution No. 4470 (MP) 2. Planning Commission Resolution No. 4471 (LCPA) 3. Planning Commission Resolution No. 4472 (CT) 4. Planning Commission Resolution No. 4473 (PUD) 5. Planning Commission Resolution No. 4474 (CDP) 6. Location Map 7. Disclosure Statement 8. Notice of Prior Environmental Compliance, dated July 24, 1998 9. Environmental Impact Assessment Form, dated July 20, 1998 10. Local Facilities Impact Assessment Form 11. Background Data Sheet 12. Redlined/Strikeout version of proposed Master Plan Amendment text 13. Exhibits "A" - "W", dated March 17,1999. ARPORT V • •II -Ir- RD • •illlliiaa ^^ .1* • •••A < UJ c BATIQUrrOS LAGOON LA CRISTALLA - AVIARA P.A. 23 MP 177(X)/LCPA 97-11/CT 97-20/ PUD 97-17/CDP 97-51 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: 1. APPLICANT List the names and addresses of all persons having a financial interest in the application. Brehm-Aviara III Development Associates, L.P. 2. OWNER List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Associates, L.P. 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. See attached for Applicant See attached for Owner 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. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 - (619) 438-1161 • FAX (619) 438-0894 ® you had n'^^than $250 worth of business trsJfccted with any member of taff, Boards^ommissions, Committees and/or cSncil within the past twelve Have City staff (12) months? I I Yes Q No If yes, please indicate person{s): Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, tmst, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.' NOTE: Attach additional sheets if necessary. AVI A/LA AJ/OOAT0> l-P Signature of owner/date See below Signature of applicant/date Print or type name of owner BREHM-AVIARA III DEVELOPMENT ASSOCIATES, LP Print or type name of applicant BREHM-AVIARA III DEVELOPMENT ASSOCIATES, LF a Delaware limited partnership by: Brehm-Aviara Group, LLC, a California limited liability company, its general partner by: The Brehm Companies, LLC, a California limited liability company, its manager by: Disclosure Statement 10/96 Page 2 of 2 &itv of Carlsbad Planning Department PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review wili be required and a notice of determination will be filed. Project Title: Project Location: CRISTALLA - AVIARA PLANNING AREA 23 Northeast corner of Aviara Parkway and Black Rail Court, City of Carlsbad, County of San Diego, State of California. Project Description: Master Plan Amendment, Local Coastal Program Amendment, Tract Map, Planned Development Permit and Coastal Development Permit to change the use allocations in Planning Area 23 from multi-family residential to small-lot single family residential, subdivide the property and develop 61 single family units. Justification for this determination is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of publication. DATED: April 17, 1998 CASE NO: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 CASE NAME: CRISTALLA - AVIARA PA 23 PUBLISH DATE: April 17, 1998 MICHAEL J. H6 LZINMIILER Planning Director 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 DATE: April 10. 1998 BACKGROUND 1. CASE NAME: Cristalla - Aviara Planning Area 23 2. APPLICANT: The Brehm Communities 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2835 Camino del Rio South. Suite 220. San Diego. CA 92108 (619) 293-7090 4. DATE EIA FORM PART I SUBMITTED: December 14. 1997 5. PROJECT DESCRIPTION: Master Plan Amendment and Local Coastal Program Amendment to change the use allocations in Aviara Planning Area 23 from multi-family residential to small-lot single family residential: and a Tentative Tract Map. Planned Unit Development Permit and Coastal Development Permit for a 61 unit, small-lot single family development, located on the northeast comer of Aviara Parkway and Black Rail Court. City of Carlsbad. County of San Diego. 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. I I Land Use and Planning Q Transportation/Circulation Q Public Services I I Population and Housing Biological Resources Utilities & Service Systems I I Geological Problems Q Energy & Mineral Resources Q Aesthetics I I Water Q Hazards Q Cultural Resources I I Air Quality Noise Q Recreation I I Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) I I I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I I 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 I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I I 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 a Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIRs and Negative Declaration, including revisions or mitigation meastires that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Date Planning Directm^s Signature Date j\ol^€> Rev. 03/28/96 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 Impacf 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 Impacf 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 fi-om "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 Impacf 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 Impacf 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. Rev. 03/28/96 • 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 Impacf is checked, and including but not limited to the following circmnstances: (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 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. Rev. 03/28/96 Issues (and Supporting Information Sources). LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (#1, pgs 5.6-1 - 5.6-18; #2, pgs 4-1 - 4-26, #3, pgs 11-12; #4, pg 10) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#1, pgs 5.6-1 - 5.6-18; #2, pgs 4-1 - 4-26, #3, pgs 11-12; #4, pg 10) c) Be incompatible with existing land use in the vicinity? (#1, pgs 5.6-1 - 5.6-18; #2, pgs 4-1 - 4- 26, #3, pgs 11-12; #4, pg 10) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from mcompatible land uses? (#1, pgs 5.6-1 - 5.6-18; #2, pgs 4-1 - 4-26, #3, pg 11; #4, pg 10) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#1, pgs 5.6-1 - 5.6-18; #2, pgs 4-1 - 4-26, #3, pgs 13-14; #4, pg 10) Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated Less Than No Significant Impact Impact • • • • • • • • • • • • • • • K II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#1, pgs 5.5-1 - 5.5-6; #2, pgs 4-1-4-26; #3, pg 13; #4, pg 10) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrasfructure)? (#1, pgs 5.5-1 - 5.5-6; #2, pgs 4-1 - 4-26; #3,pgl3;#4, pg 10) c) Displace existing housing, especially affordable housing? (#1, pgs 5.5-1 - 5.5-6; #2, pgs 4-1 - 4-26; #3,pgl3-14;#4,pgI0) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#1, pgs 5.1-1 - 5.1-15; #2, pgs 4- 150-4-156; #3,pg7;#4, pg 9) b) Seismic ground shaking? (#1, pgs 5.1-1 - 5.1-15; #2, pgs 4-150 - 4-156; #3, pg 7; #4, pg 9) c) Seismic ground failure, including liquefaction? (#1, pgs 5.1-1 - 5.1-15; #2, pgs 4-150 - 4-156; #3, pg 7; #4, pg 9) d) Seiche, tsunami, or volcanic hazard? (# 1, pgs 5.1-1 - 5.1-15; #2, pgs 4-150 - 4-156; #3, pg 7; #4, pg 9) e) Landslides or mudflows? (#1, pgs 5.1-1 - 5.1-15; #2, pgs 4-150 - 4-156; #3, pgs 7-8; #4, pg 9) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#1, pgs 5.1-1 - 5.1-15; #2, pgs 4-150 - 4-156; #3, pgs 7-8; #4, pg9) • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X Rev. 03/28/96 Issues (and Supporting Information Sources). g) Subsidence of the land? (#1, pgs 5.1-1 - 5.1-15; #2, pgs 4-150 - 4-156; #3, pgs 7-8; #4, pg 9) h) Expansive soils? (#1, pgs 5.1-1 - 5.1-15; #2, pgs 4- 150-4-156; #3, pg 7; #4, pg 9) i) Unique geologic or physical features? (# 1, pgs 5.1 - 1 - 5.1-15; #2, pgs 4-150 - 4-156; #3, pgs 7-8; #4, pg 9) Potentially Significant Impact • • • Potentially Significant Unless Mitigation Incorporated • • • Less Than Significant Impact • • • No Impact IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#1, pgs 5.2-1 - 5.2-11; #2, pgs 4-110 - 4-118; #3, pg 8; #4, pg 9) b) Exposure of people or property to water related hazards such as flooding? (#1, pgs 5.2-1 - 5.2-11; #2, pgs 4-110 - 4-118; #3, pg 8; #4, pg 9) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#1, pgs 5.2-1 - 5.2-11; #2, pgs 4-110-4-118; #3, pg 9; #4, pg 9) d) Changes in the amount of surface water in any water body? (#1, pgs 5.2-1-5.2-11; #2, pgs 4-110 -4-118;#3,pg9;#4, pg 9) e) Changes in currents, or the course or direction of water movements? (#1, pgs 5.2-1 - 5.2-11; #2, pgs 4-110-4-118;#3,pg8;#4,pg9) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#1, pgs 5.2-1 - 5.2-11; #2, pgs 4-110 - 4-118; #3, pg 9;#4,pg9) g) Altered du-ection or rate of flow of groundwater? (#1, pgs 5.2-1 - 5.2-11; #2, pgs 4-110 - 4-118; #3, pg 8; #4, pg 9) h) Impacts to groundwater quality? (#1, pgs 5.2-1 - 5.2-11; #2, pgs 4-110 - 4-118; #3, pg 9; #4, pg 9) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#1, pgs 5.2-1 - 5.2-11; #2, pgs 4-110 - 4-118; #3, pg 8; #4, pg 9) • • • • • • • • • • • • • • • • m • • • • • • • • • • • K AIR QUALITY. Would the proposal: a) Violate any air quality stand^-d or contribute to an existmg or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? (#1, pgs 5.3-1 - 5.3- 12; #2, pgs 4-110 - 4-118; #3, pg 8; #4, pg 10) d) Create objectionable odors? (#1, pgs 5.3-1 - 5.3- 12; #2, pgs 4-110 - 4-118; #3, pg 8; #4, pg 10) • • • • • • • • • • • • X Rev. 03/28/96 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or mcompatible uses (e.g. farm equipment)? (#1, pgs 5.7-1 - 5.7- 22; #2, pgs 4-63 - 4-80; #3, pgs 14-15; #4, pg 11) c) Inadequate emergency access or access to nearby uses? (#1, pgs 5.7-1 - 5.7-22; #2, pgs 4-63 - 4-80; #3,pgl5;#4,pgll) d) Insufficient parking capacity on-site or off-site? (#1, pgs 5.7-1 - 5.7-22; #2, pgs 4-63 - 4-80; #3, pg 14; #4, pgll) e) Hazards or barriers for pedestrians or bicyclists? (#1, pgs 5.7-1 - 5.7-22; #2, pgs 4-63 - 4-80; #3, pgs 14-15; #4, pgll) f) Conflicts with adopted policies supporting altemative transportation (e.g. bus mmouts, bicycle racks)? (#1, pgs 5.7-1 - 5.7-22; #2, pgs 4- 63 -4-80; #3, pg 14; #4, pgll) g) Rail, waterborne or air traffic impacts? (#1, pgs 5.7-1 - 5.7-22; #2, pgs 4-63 - 4-80; #3, pg 14; #4, pgll) VII. BIOLOGICAL RESOURCES. Would the proposal result in hnpacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#1, pgs 5.4-1 - 5.4-24; #2, pgs 4-119-4-149; #3, pgs 10-11; #4, pg 10) b) Locally designated species (e.g. heritage trees)? (#1, pgs 5.4-1 - 5.4-24; #2, pgs 4-119 - 4-149; #3, pgs 10-11; #4, pg 10) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#1, pgs 5.4-1 - 5.4- 24; #2, pgs 4-119 - 4-149; #3, pgs 10-11; #4, pg 10) d) Wetland habitat (e.g. marsh, riparian and vemal pool)? (#1, pgs 5.4-1 - 5.4-24; #2, pgs 4-119 - 4- 149; #3, pgs 10-11; #4, pg 10) e) Wildlife dispersal or migration corridors? (#1, pgs 5.4-1 - 5.4-24; #2, pgs 4-119 - 4-149; #3, pg 11; #4, pg 10) vm. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (#1, pgs 5.12.1-1 - 5.12.1-5; #2, pgs 4-94 - 4-109; #3, pg 9; #4, pg 9) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • m • • • ^ Rev. 03/28/96 Issues (and Supporting Information Sources). b) Use non-renewable resources in a wastefiil and inefficient maimer? (#1, pgs 5.12.1-1 - 5.12.1-5; #2, pgs 4-94 - 4-109; #3, pg 9; #4, pg 10) 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 5.12.1-1 - 5.12.1-5; #2, pgs 4-94 - 4-109; #3, pg 9; #4, pg 10) Potentially Significant Impact • • Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated • • • m • m 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, pgs 5.10.1-1 - 5.10.1-3; #2, pgs 4-94 - 4-109; #3, pg 13; #4, pglO) b) Possible interference with an emergency response plan or emergency evacuation plan? (#1, pgs 5.10.1-1 - 5.10.1-3; #2, pgs 4-94 - 4-109; #3, pg 15; #4, pglO) c) The creation of any health hazard or potential health hazards? (#1, pgs 5.10.1-1 - 5.10.1-3; #2, pgs 4-94 - 4-109; #3, pg 12-13; #4, pg 10) d) Exposure of people to existing sources of potential health hazards? (#1, pgs 5.10.1-1 - 5.IO.I-3; #2, pgs 4-94 - 4-109; #3, pg 12-13; #4, pg 10) e) Increase fire hazard in areas with flammable brush, grass, or frees? (#1, pgs 5.10.1-1 - 5.10.1-3; #2, pgs 4-94 - 4-109; #3, pg 13; #4, pg 10) • • • • • • • • • • • K • • • • ^ X. NOISE. Would the proposal resuh in: a) Increases in existing noise levels? (#1, pgs 5.9-1 - 5.9-15; #2, pgs 4-81 - 4-84; #3, pg 12-13; #4, pg 10) b) Exposure of people to severe noise levels? (#1, pgs 5.9-1 - 5.9-15; #2, pgs 4-81 - 4-84; #3, pg 12-13; #4, pg 10 • • • • • M • ^ XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered govemment services in any of the following areas: a) Fire protection? (#1, pgs 5.12.5-1 -5.12.5-6; #2, pgs 4-94 - 4-109; #3, pg 12; #4, pg 10) b) Police protection? (#1, pgs 5.12.5-1 -5.12.5-6; #2, pgs 4-94 - 4-109; #3, pg 12; #4, pg 10) c) Schools? (#1, pgs 5.12.7-1 -5.12.7-5; #2, pgs 4-94 -4-109; #3, pg 12; #4, pg 10) d) Maintenance of public facilities, including roads? (#1, pgs 5.12.1-1 -5.12.8-7; #2, pgs 4-94 - 4-109; #3,pgl2;#4, pglO) e) Other govemmental services? (#1, pgs 5.12.1-1 - 5.12.8-7; #2, pgs 4-94 - 4-109; #3, pg 12; #4, pg 10) • • • • • • X • • • • • • X • • • X 8 Rev. 03/28/96 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact 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 5.12.1-1 - 5.12.1-5; #2, 4-94 - 4-109; #3, pg 9; #4, pg 10) b) Communications systems? (#1, pgs 5.12.2-1 - 5.12.8-7; #2, 4-94 - 4-109; #3, pg 12; #4, pg 10) c) Local or regional water freatment or disfribution facilities? (#1, pgs 5.12.2-1 - 5.12.3-7; #2, 4-94 - 4-109; #3,pg 12; #4, pg 10) d) Sewer or septic tanks? (#1, pgs 5.12.2-1 - 5.12.3-7; #2,4-94 - 4-109; #3, pg 12; #4, pg 10) e) Storm water drainage? (#1, pgs 5.12.2-1 - 5.12.3- 7; #2, 4-94 - 4-109; #3, pg 12; #4, pg 10) f) Solid waste disposal? (# 1, pgs 5.12.4-1 - 5.12.4-3; #2,4-94 - 4-109; #3, pg 12; #4, pg 10) g) Local or regional water supplies? (# 1, pgs 5.12.2-1 - 5.12.3-7; #2, 4-94 - 4-109; #3, pg 12; #4, pg 10) • • • X • • • X • • • X • • • X • • • X • • • X • • • X XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#1, pgs 5.11-1 -5.11-5; #2, pgs 4-35 -4-62; #3, pg 15; #4, pglO) b) Have a demonsfrate negative aesthetic effect? (#1, pgs 5.11-1 -5.11-5; #2, pgs 4-35 - 4-62; #3, pg 15; #4,pgl0) c) Create light or glare? (#1, pgs 5.10.3-1 - 5.10.3-2; #2, pgs 4-35 - 4-62; #3, pg 15; #4, pg 10) • • • • • • • • • XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#1, pgs 5.8-1 - 5.8-10; #2, pgs 4-157 - 4-167; #3, pgs 9-10; #4, pg 10) b) Disturb archaeological resources? (#1, pgs 5.8-1 - 5.8-10; #2, pgs 4-157 - 4-167; #3, pgs 9-10; #4, pg 10) c) Affect historical resources? (#1, pgs 5.8-1 - 5.8-10; #2, pgs 4-157 - 4-167; #3, pgs 9-10; #4, pg 10) d) Have the potential to cause a physical change which would affect unique ethnic cultu'-al values? (#1, pgs 5.8-1 - 5.8-10; #2, pgs 4-157 - 4-167; #3, pgs 9-10; #4, pg 10) e) Resfrict existing religious or sacred uses within the potential impact area? (#1, pgs 5.8-1 - 5.8-10; #2, pgs 4-157 - 4-167; #3, pgs 9-10; #4, pg 10) • • • • • • • • • • • • • • • ^ XV. RECREATIONAL. Would the proposal: Rev. 03/28/96 Issues (and Supporting Information Sources). a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#1, pgs 5.12.8-1 - 5.12.8-7; #2, pgs 4-157 - 4-167; #3, pg 15; #4, pglO) b) Affect existmg recreational opportunities? (#1, pgs 5.12.8-1 - 5.12.8-7; #2, pgs 4-157 - 4-167; #3, pg 15; #4, pglO) Potentially Significant Impact • • Potentially Significant Unless Mitigation Incorporated • • Less Than Significant Impact No Impact • m • K XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the r~j quality of the envu-onment, 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 anunal community, reduce the number or resfrict the range of a rare or endangered plant or anunal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does the project have impacts that are individually i i 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 fiimre projects)? c) Does the project have environmental effects which i i will cause the substantial adverse effects on human beings, either directly or indirectly? • • • • ^ • m • M XVII. EARLIER ANALYSES. Referenced in the above checklist are the earlier environmental analysis that have been conducted for the project site. Source #1 is the Master Environmental Impact Report for the City's 1994 General Plan Update (MEIR 93-01) reviewed the potential impacts of buildout of the City's General Plan, including transportation and air quality impacts. Source #2 is 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, analyzed all of the potential impacts for the development and occupation of the over 2,000 units residential master plan (now known as Aviara) with its associated 18 hole golf course, 550 room hotel, sports club and neighborhood commercial site, including development of Planning Area 23. Source #3 is the Mitigated Negative Declaration for the Aviara Phase III Master Plan Amendment (CT 92-03/MP 177(G)), approved 1/25/94, which reviewed the grading and construction related to the development of Phase III, including development of Planning Area 21. Source #4 is the Negative Declaration and Master Environmental Impact Report Addendum for the Aviara Planning Area 23 Master Plan Amendment and General Plan Amendment (MP 177(R)/GPA 96-02), which reviewed the potential environmental impacts associated with developing Aviara PA 23 with small-lot single family uses. Without exception, the proposed action has 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 DISCUSSION OF ENVIRONMENTAL EVALUATION The proposal involves the construction of 61 small-lot single family homes in Aviara Plarming Area 23. The site is currently being graded in conformance with the Aviara Phase III Master Tract Map. The proposed homes meet all applicable standards and policies, including setbacks, building height and architectural style. No environmentally sensitive resources exist on the previously graded site and no significant adverse impacts to the environment are anticipated. 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 altemative 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 Coimcil 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 fiill 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. 11 Rev. 03/28/96 To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been reconmiended in the Final Master EIR. These include 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop altemative 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 Impacf. 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 fiirther environmental review of circulation impacts is required. 12 Rev. 03/28/96 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Cristalla - Aviara PA 23 - MP 177(XVLCPA 97-11/CT 97-20/PUD 97- 17/CDP 97-51 LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: BM ZONING: PiC DEVELOPER'S NAME: Brehm - Aviara Development Associates. L.P. ADDRESS: 2835 Camino del Rio North. Suite 220. San Diego CA 92108 PHONE NO.: r619;)293-7090 ASSESSOR'S PARCEL NO.: 215-042-01.-02 QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 61 dus ESTIMATED COMPLETION DATE: December. 1998 A. City Administrative Facilities: Demand in Square Footage = 491.57 B. Library: Demand in Square Footage = 262.14 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 61 EDU D. Park: Demand in Acreage = 0.98 E. Drainage: Demand in CFS = N/A Identify Drainage Basin = PLDA D Circulation: Demand in ADT = 610 G. Fire: Served by Fire Station No. = 4. H. Open Space: Acreage Provided = N/A I. Schools: CUSD J. Sewer: Demands in EDU 61 EDU K. Water: Demand in GPD = 13.420 L. The project is 81 units below the Growth Management Dwelling unit allowance. BACKGROUND DATA SHEET CASE NO: MP 177(XVLCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 CASE NAME: Cristalla - Aviara Planning Area 23 APPLICANT: Brehm - Aviara Development Associates. L.P. REQUEST AND LOCATION: Master Plan Amendment. Local Coastal Program Amendment. Tentative Tract Map. Plarmed Unit Development Permit and Coastal Development Permit to allow the subdivision and construction of a 61 unit, single-family air-space condominium development on pregraded pads located in Aviara Plarming Area 23. at the northeast comer of Aviara Parkway and Black Rail Road LEGAL DESCRIPTION: Lots 138 and 139 of Carlsbad Tract No. 92-3. Aviara Phase III North. Unit No. 6. according to Map No. 13513. filed in the Office of the County Clerk on December 10. 1997. in the City of Carlsbad. County of San Diego. State of Califomia. APN: 215-042-01. -02 Acres: 17.4 Proposed No. of Lots/Units: 9 lots. 61 units GENERAL PLAN AND ZONING Land Use Designation: Residential Medium Density (RM) Density Allowed: 4.0 - 6.0 du/ac Existing Zone: P-C Density Proposed: 4.38 du/ac Proposed Zone: P-C Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site P-C Information Center North L-C Agriculture South P-C Single family condos East P-C Open space West P-C Open space PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 61 Public Facilities Fee Agreement, dated: November 10.1997 ENVIRONMENTAL IMPACT ASSESSMENT [ I Negative Declaration, issued Other, Prior Envirormiental Compliance, dated April 17.1998 PLANNING AREA 23; M^TI-FAMILY SINGLE-FAMILY RESIDENTIAL DESCRIPTION: This 18.3 acre planning area is located near the center of the Master Plan on the north side of Alga Road. DEVELOPMENT .gTANDARD.S : ED All development in Planning Area 23 shall conform to the development standards of the Planned Development Ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless otherwise noted in this Chapter. USE ALLOCATION: Maximum of -3:43- 61 multi family detached single family residential units (3.3 DU/AC). Private recreation facilities shall be required in conjunction with the residential units. A 2-acre community recreation vehicle storage facility. PERMITTED USES: Multi family Single family airspace condominium residential housing. Recreational facilities. SITE DEVELOPMENT STANDARDS: Height: The maximum height in this planning area is ^ 30 feet as determined by Section 21.04.065 of the Carlsbad Municipal Code. A minimum of 3 0 percent of all structures shall not exceed a height of 24 feet. Where three story structures are proposed, adequate structural relief and roofline variation shall be—incorporated into the structures to reduce the mass. Setbacks: Minimum setback along Alga Road for structures shall be 50 feet. The minimum setback from the public utility easement shall be 30 feet. The minimum front yard setback shall be 20 feet for street-facing garages and 10 feet for habitable spaces and side-loaded garages, all measured from the property—1 ine—&&e—buildings—etftd—3-9- feet measured from property line—for open parking or garages back of sidewalk, or in the case of no sidewalk, the back of the curb. A minimum building—separation of—3-G—feet—shall be maintained. Setback compliance with the intent of City Council Policy No. 44 regarding small lot single family projects is required. Parkina: Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. SPECIAL DESIGN CRITERIA: Desian: All community-wide design standards described in Section A of Chapter IV shall be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area: 159 * The architecture of all buildings in this planning area shall be compatible with that of the hotel. •* Outdooy gourbyards,—patios and plazas shall be—included. * A through public street shall be provided from Alga Road through PA 23 to the area north of PA 23. * The site layout for this Planning Area shall be coordinated to ensure compatibility with adjacent planning areas. * Strong architectural relief features shall be incorporated into all structures visible from Alga Road. Entry Treatment: A neighborhood entry may be located along each side of Black Rail Road. Fencing: If required as a result of a noise study, a noise attenuation structure, earthen berm, or combination of the two shall be required along Alga Road. The noise study shall be conducted prior to submittal of a Site Development Plan. Landscape: All community-wide landscape standards described in Section A, Community Design Elements of Chapter IV shall be incorporated into this planning area. In addition, the following specific landscape concepts shall be included in the development of this planning area. * The recreation vehicle storage facility shall be screened by a combination of fences and landscaping on all sides of the facility. This screening shall be the responsibility of th« Master HOA. * A fire suppression zone subject to the approval of the Planning Director and Fire Marshal shall be established between native areas and structures. The fire suppression plan should incorporate structural setbacks from native areas in combination with a program of selective thinning of native vegetation subject to the approval of the Planning Director. * All setbacks shall be heavily landscaped except as constrained by Coastal Commission requirements. * Landscaping shall be incorporated to screen all dwelling units from Alga Road and the golf course, while preserving views from the units to the extent possible. * The dominant unifying landscape elements for this planning area shall be preselected street trees. Common landscape areas and slopes shall be planted prior to homeowner occupation. Individual homeowner landscapes shall vary. * Views to and from the golf course and lagoon should be preserved. 161 The manufactured slopes of this planning area shall be maintained as open space by the community open space maintenance district. Trails: a portion of the community trail linking Alga Road and Poinsettia Lane is located along the easterly edge of the site. Construction of this trail shall be a condition of development for this planning area. Revision to the trail alignment in this segment may occur, in consultation with the Dept. of Fish and Game and U.S. Fish and Wildlife Service, to extend south to a connection with Alga Road and avoid environmentally sensitive habitat areas. grading; Any development within this planning area shall comply with the City's Hillside Development Regulations and the slope and resource preservation policies of the underlying local coastal program and subsequent coastal permit. Any application for development within this planning area shall require a slope analysis/biological resource map during Site Development Plan review. ^he City of Carlsbad Planning Departm^ A REPORT TO THE PLANNING COMMISSION Item No ® Application complete date: December 15, 1997 P.C. AGENDA OF: February 17,1999 Project Planner: Michael Grim Project Engineer: Clyde Wickham SUBJECT: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 - CRISTALLA - AVIARA PLANNING AREA 23 - Request for a Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit to allow the subdivision and construction of a 61 unit, single-family air-space condominium development on pregraded pads located in Aviara Plarming Area 23, at the northeast comer of Aviara Parkway and Black Rail Road, in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission CONTINUE this matter to a date uncertain, to be re-noticed. ARPORT •••••••••II 7Jaii" •••• RD ••••••••••a ^ V BATIQUITOS LAGOON ••••^ < UJ OC LA CRISTALLA - AVIARA P.A. 23 MP 177(X)/LCPA 97-11/CT 97-20/ PUD 97-17/CDP 97-51