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Home My WebLink AboutSDP 96-14F; Legoland Waterworks Cluster; Site Development Plan (SDP) (4)/9^*&' L 1) APPLICATIONS APPLIED FOR: (CHE II Administrative Permit I | Administrative Variance r "\n (m^)I/I Coastal Development Permit | I Conditional Use Permit | | Condominium Permit I I Environmental Impact Assessment || General Plan Amendment j I Hillside Development Permit I I Local Coastal Program Amendment | | Master Plan | | Minor Conditional Use Permit | { Non-Residential Planned Development | I Planned Development Permit CITY OF CARLSBAD AND USE REVIEW APPLICATION ECK BOXES) (FOR DEPARTMENT USE ONLY) \r\p ^(cf K LJ Planned Industrial Permit I I Planning Commission Determination , tjs\ Precise Development Plan i^nI | Redevelopment Permit |/| Site Development Plan r/YW^-y Ll Special Use Permit | | Specific Plan Obtain from Engineering Department | | Tentative Tract Map I I Variance LJ Zone Change List other applications not specified (FOR DEPARTMENT USE ONLY) ^p q^jq 2) ASSESSOR PARCEL NO(S).: 211-100-09 3) PROJECT NAME: LEGOLAND WATERWORKS' CLUSTER- EXPANSION AREA 2 4) BRIEF DESCRIPTION OF PROJECT: ___ ATTAP,cn -„__ Cf) 5) OWNER NAME (Print or Type) Merlin Entertainments Group U.S. Holdings Inc. MAILING ADDRESS 1 LEGOLAND DRIVE CITY AND STATE ZIP TELEPHONE CARLSBAD, CA 92008 (760)918-5401 EMAIL ADDRESS: john.jakobsen@legoland.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS ,IBUE_ANp CORRECT TO THE BEST OF MY SKaNAT-ORE DATE 6) APPLICANT NAME (Print or Type) HOFMAN PLANNING & ENGINEERING MAILING ADDRESS 31 52 Lionshead Avenue CITY AND STATE ZIP TELEPHONE CARLSBAD, CA 92010 (TSO^^NJ;^ EMAIL ADDRESS: nroderick@hofmanplanning.com 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. niMtA^MvUsJf. /D /*fr/*7 SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION Lots 18-19 of City of Carlsbad Tract no.94-09, Carlsbad Ranch units 2 and 3. in the Citv of Carlsbad. County of San Dieao. State of California. D 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 14 Rev. 03/06 P/30SOO|PAGE 1 OF 5 8) LOCATION OF PROJECT:1 LEGOLAND DRIVE STREETADDRESS ON THE NORTH SIDE OF (NORTH, SOUTH, EAST, WEST) PALOMAR AIRPORT RD (NAME OF STREET) BETWEEN | ARMADA (NAME OF STREET) AND HIDDEN VALLEY 9) LOCAL FACILITIES MANAGEMENT ZONE 13 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 25) 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE INADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP# IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TOENJBYFOR THJS-HJHEQSE SIGNATURE"" FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEIVED OCT I § ^ CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: Form 14 Rev. 03/06 PAGE 2 OF 5 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 at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,- city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this tfoCTimrat; however, the legal name and- entity of' the applicant and property owner most be provided below. 1 . APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the- names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may he attached if necessary.) Person jO/ft- _ Corp/Part LEGOLAND CALIFORNIA INC Title _ Title _ Address _ : _ Address 1 Leqoland Drive Carlsbad, CA 92008 2. OWNER (Not the owner's agent) ' Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person fO/t^ _ Corp/PartJ^erlin Entertainments Holding Inc. Title _ Title Address Address 1 Legoland Drive Carlsbad, Ca 920Qa 1635 Faraday Avenue • Garlsbad, CA 920O8-7314 • (760) 6O2-46OO • FAX (76O) 6O2-8559 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust list the names and addresses of AffY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250- worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes DS| No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of applicamYdate Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTEmDISCi.OSURE STATEMENT 5/98 Page 2 Of 2 City of Carlsbad~~ —. -i. g^ .,., —_——j^^^^^^——^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Planning Department HAZARDOUS WASTE .AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 05962.5) Pursuant to State of California Government Code Section 65962.5,1 have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): IXI The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. I 1 The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. .APPLICANT PROPERTY OWNER .Name: LEGOLAND CALIFORNIA INC Namg: Merlin Entertainments Holding Inc Address: 1 Legoland Drive Address: 1 Legoland Drive Carlsbad, Ca 92008 Carlsbad, Ca 92008 Phone Number: (760)918-5300 Phone Number:(760)918-5300 1 LEGOLAND DRIVE CARLSBAD CA 92008Address of Site: Local Agency (City and Coumvl: CARLSBAD. SAN DIEGO COUNTY Assessor's book, page, and parcel number: 211-100-09 Specify list(s): Regulatory Identification Number:, .8/17/2009Date of List: Applicant Signature/Date Propertydwner Signature/Date Adnnn'Countcr'HazWisie 1635 Faraday Avenue • Carlsbad. CA 92OO8-7314 • (760) 6O2-46OO • FAX (760) 602-8559 City of Carlsbad Faraday Center Faraday Cashiering 001 0930201-3 10/29/2009 35 Thu, Oct 29, 2009 11:48 AM Receipt Ref Nbr: R0930201-3/0012 PERMITS - PERMITS Tran Ref Nbr: 093020103 0012 0013 Trans/Rcpt#: T000094092 **************************************** * DUPLICATE COPY * * 11/03/2009 07:53:10 AM * **************************************** SET #: S000002866 Amount: 1 8 $4,741.50 Item Subtotal: $4,74-1.50 Item Total: $4,741.50 1 ITEM(S) TOTAL: $4,741.50 Check (Chk# 002366) $4,741.50 Total Received: $4,741.50 Have a nice day! HoflDOn TRANSMITTALOF DOCUMENTS Planning & Engineering TO: Van Lynch FROM: Natalie Roderick DATE: August 24, 2009 SUBJECT: LEGOLAND WATERPARK - SDP 96-14 (0), CDP 96-16(0) Please find the following for SDP 96-14 and CDP 96-16 Amendment for a waterpark at LEGOLAND CALIFORNIA: • Land Use Review Application • Disclosure Statement • Hazardous Waste & Substance Statement • EIA Form • Early Public Notice Package • (7) sets of exhibits • (2) copies of Storm Water Management Plan • Project Description [to be provided at a later date] • (2) copies of Preliminary Title Report • Check made payable to City of Carlsbad in the amount of $8,299.05 • CDP = $883.05 (50% of current fee) • SDP = $7,124.00 • Noticing = $292.00 • Postage fee • (2) copies of Geotech letter Thanks, Natalie Roderick RECEIVED AUG252Q09 CITY OF CARLSBAD PLANNING DEPT 3152Lionshead Avenue -Carlsbad -CA -92010 -760-692-4100 -Fax 760-692-4105 RECEIVED AUG 2 5 2009 CITY OF CARLSBAD Leighton and Associates, Inc. PLANNING DEPT. A LEIGHTQN GROUP COMPANY August 24, 2009 Project No. 960151-031 To: Legoland California One Lego Drive Carlsbad, California 92008 Attention: Mr. Chris Romero Subject: Planning-Level Geotechnical Review, Proposed Legoland Waterworks Cluster, Legoland Family Park, Carlsbad, California Introduction In accordance with your request and authorization, this letter report has been prepared to provide our planning-level geotechnical review for the proposed Legoland Waterworks Cluster project in Carlsbad, California (Figure 1). The purpose of this letter report is to summarize our review of the site plan provided by R.W Apel Landscape Architects, Inc. relative to the geotechnical conditions documented in the as-graded report for the Legoland Park (Leighton, 1998). Proposed Development It is our understanding that the proposed development will consist of five new ride attractions including a Family Raft Ride, Mini Boomerango Inner Tube Ride, Lazy River Raft Ride, a 4-lane Mat Racer Ride, and Body Slides. The area will also include several pools with play areas, a shower area, and food court. Additional improvements will include access ramps, walkways, cabanas, ponds, and retaining wall to create the access ramps. We anticipate the site grading will consist of exporting the onsite undocumented fill (up to +/-30 feet) with minor cuts and fills to reach site finish grades. We anticipate the foundation system for the attractions are planned to be shallow spread footings or mat-type foundations with some shallow isolated pole foundations. The site plan (Apel, 2009) was utilized as a base for the accompanying Figure 1. 3934 Murphy Canyon Road, Suite B205 • San Diego, CA 92123-4425 858.292.8030 « Fax 858.292.0771 • www.leightongeo.com 960151-031 Findings and Conclusions Based on our review of the project as-graded geotechnical report (Leighton, 1998) the following items were noted: • The proposed Waterworks Cluster improvements situated in an area underlain by dense Terrace Deposits which are overlain by both documented and undocumented stockpiled fill soils. • Due to the configuration of the proposed Waterworks Cluster improvements within the undocumented and stockpiled fill areas, a removal and recompaction or export of undocumented fill will be necessary to mitigate the settlement potential. • The somewhat unknown extent of the undocumented fill requires further evaluation to develop recommendations for the extent of removals and the design of the foundation support for the proposed improvements. • Additional analysis including geologic mapping and the advancement of several exploratory boring excavations will necessary to provide grading recommendations at the site. • In general the proposed Waterworks Cluster development is feasible from a geotechnical standpoint provided measures to mitigate the presence of undocumented fill are addressed during design and construction of the proposed improvements. Recommendations Based on our review of the proposed site plan and as-graded condition, we recommend that a geotechnical investigation including subsurface exploration be performed at the site to facilitate development of site-specific geotechnical recommendations for consideration in design and construction. Limitations The conclusions and recommendations in this letter report are based on a planning-level review conceptual plans and of as-graded documents and observations made during grading. No other representation has been made. -2- Leighton 960151-031 If you have any questions regarding this letter report, please contact this office. We appreciate this opportunity to be of service. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. CERTIFIEDENGINEERING"EOLOGIST Mike D. Jensen, CEG 2457 Project Geologist Michael R. Stewart, CEG 1349 Vice President/Principal Geologist Attachments: Appendix A - References Figure 1 - Conceptual Site Plan Distribution: (2) Addressee (1) R.W. Apel Landscape Architects, Inc, Attention: Richard Apel (1) Hofinan Planning & Engineering, Inc, Attention: Natalie Roderick -3- Leighton 960151-027 APPENDIX A REFERENCES Leighton and Associates, Inc., 1995, Preliminary Geotechnical Investigation, Lego Family Park and Pointe Resorts, Lots 17 and 18 of the Carlsbad Ranch, Carlsbad, California, Project No. 950294-001, dated October 5,1995. , 1996, Supplemental Geotechnical Investigation, Lego Family Park, Carlsbad, Ranch, Carlsbad, California, Project No. 960151-001, dated July 23,1996. , 1998, Final As-Graded Report of Rough-Grading, LEGO Family Park, Carlsbad, California, Project No. 960151-003, dated February 10,1998. R.W. Apel, 2009, Site Plan, Conceptual Grading and Utilities Plan, Lego Family Park Waterworks Cluster, Legoland, Carlsbad, California, received August, 2009. A-l Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department: Escrow Department: Chicago Title Company Attn: Tom Votel/Ken Cyr Email: votelt@ctt.com & cyrk@ctt.com Phone: (619)521-3673 Fax: (619)521-3608 Order No.: 603041285-U50 SECOND AMENDED PRELIMINARY REPORT Property Address: Legoland Dated as of: August 14, 2009 at 7:30 am CHICAGO TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list 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 LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminary Report Form (Rev 1/1/95) Order No.: 603041285-U50 SCHEDULE A 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 vested in: Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form (Rev 1/1/95) Page 2 Order No.: 603041285-U50 LEGAL DESCRIPTION LOTS 18 AND 19 OF CITY OF CARLSBAD TRACT 94-09, CARLSBAD RANCH-UNITS 2 & 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 1, 1997. Assessor's Parcel Number: 211-100-09 and 211-100-11 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form (Rev 1/1/95) Page 3 Order No.: 603041285-U50 SCHEDULE B 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: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 - 2010 that are a lien not yet due. 2. Supplemental taxes for the fiscal year 2008 - 2009 assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 1st Installment: $49,999.99 Penalty: $4,999.99 Delinquent: 11/03/2008 2nd Installment: $49,999.99 Penalty: $5,009.99 Delinquent: 04/10/2009 Code Area: 09176 Assessment No.: 9000011400 3. Taxes for APN: 211-100-11. Lot 19 Map No. 13408 (Not Billable), per County tax rolls. 4. An assessment by the improvement district shown below Assessment (or Bond) No.: Parcel Series: 95-1 District: Carlsbad For: CRL RCH Assmnt95-l Said assessment is collected with County/City property taxes. An assessment district diagram, thereof recorded June 4, 1997 as Instrument No. 1997-0262318. of Official Records. A notice of assessment thereof, recorded June 4, 1997 as Instrument No. 1997-0262319. of Official Records. 5. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California 6. 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: public utilities, ingress, egress Recorded: July 5, 1972 as Instrument No.72-172891. of Official Records Affects: The exact location and extent of said easement is not disclosed of record CLTA Preliminary Report Form (Rev 1/1/95) Page 4 Order No.: 603041285-U50 SCHEDULE B (continued) 7. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Palomar Airport Road, where required for the construction and maintenance of said Street, as contained in the deed recorded September 15, 1988 as Instrument No. 88-463304. of Official Records. Affects Lot 18 herein described. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: June 27, 1988 Grantor: Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 1983 Grantee: The City of Carlsbad Purpose: Drainage Recorded: September 15, 1988 as Instrument No. 88-0463305. of Official Records Affects: Lot 18 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: June 27, 1988 Grantor: Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 1983 Grantee: The City of Carlsbad Purpose: open space and incidental purposes Recorded: September 15, 1988 as Instrument No. 88-0463306. of Official Records Affects: Lot 18 10. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Palomar Airport Road, where required for the construction and maintenance of said public highway, as contained in the deed recorded September 15, 1988 as Instrument No. 88- 463310. of Official Records. Affects Lot 18 herein described. 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: June 24, 1988 Grantor: Carltas Company, a California limited partnership Grantee: City of Carlsbad Purpose: drainage Recorded: September 15, 1988 as Instrument No. 88-0463313. of Official Records Affects: Lot 18 CLTA Preliminary Report Form (Rev 1/1/95) PageS Order No.: 603041285-U50 SCHEDULE B (continued) 12. 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: Community Facilities District No. 1 Disclosed By: Assessment District Boundary Recorded: December 19, 1990 as Instrument No. 1990-0674118. of Official Records Notice of special tax lien pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code recorded May 20, 1991 as Instrument No. 1991-0236959. of Official Records. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: May 20, 1992 Grantor: Carltas Company, a limited partnership Grantee: The City of Carlsbad Purpose: Traffic signal maintenance Recorded: July 15, 1992 as Instrument No. 1992-0443116. of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. Affects Lot 18 herein described 14. An Agreement, and the terms and conditions as contained therein Dated: December 21, 1993 By and Between: Carltas Company and City of Carlsbad Recorded: December 30, 1993 as Instrument No. 1993-0886034. of Official Records Regarding: Drainage fees as required by the growth management program and the adopted local facilities management plan for zone 13 Affects: The herein described land and other land. Reference is hereby made to said document for full particulars. 15. A document entitled "Hold Harmless Agreement Drainage", executed by Carlsbad Ranch Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 12, 1995 as Instrument No. 1995-0245821. of Official Records. 16. A document entitled "Hold Harmless Agreement Geological Failure", executed by Carlsbad Ranch Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 12, 1995 as Instrument No. 1995-0245822. of Official Records. 17. A document entitled "Development Agreement", dated, January 6, 1996, executed by City of Carlsbad and Lego Park Planning, Inc., subject to all the terms, provisions and conditions therein contained, recorded March 22, 1996 as Instrument No. 1996-0141299. of Official Records. CLTA Preliminary Report Form (Rev 1/1/95) Page 6 Order No.: 603041285-U50 SCHEDULE B (continued) Affects Lot 18 herein described 18. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: July 11, 1996 as Instrument No. 1996-0348524. of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 19. A document entitled "Notice of Restriction on Real Property", dated, May 20, 1996, executed by City of Carlsbad, Carlsbad Ranch Company, L. P., CB Ranch Enterprises, Carlsbad Estate Holding, Inc., and National Association of Music Merchants, Inc., subject to all the terms, provisions and conditions therein contained, recorded September 5, 1996 as Instrument No. 1996-0450388. of Official Records. 20. A document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. 1", dated, December 17, 1996, executed by City of Carlsbad and Lego Land Carlsbad, Inc., Corporation, subject to all the terms, provisions and conditions therein contained, recorded February 7, 1997 as Instrument No. 1997-0056338. of Official Records. Affects Lot 18 herein described 21. An Agreement, and the terms and conditions as contained therein Dated: February 21, 1997 By and Between: Carlsbad Ranch Company, L. P., and Carlsbad Estate Holding, Inc., and Acknowledged and Consented to by the California Coastal Commission Recorded: February 24, 1997 as Instrument No. 1997-0080274. of Official Records Regarding: Open space deed restriction CLTA Preliminary Report Form (Rev 1/1/95) Page? Order No.: 603041285-U50 SCHEDULE B (continued) Reference is hereby made to said document for full particulars. Affects Lot 18 herein described 22. The fact that the ownership of said land does not include rights of access to or from the Street and Highway abutting said land, such rights having been relinquished by the map of said tract. Affects: Lot 18 adjacent to Palomar Airport Road Said land however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 23. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the Map of said Tract. Affects: Lot 19 on the South adjacent to Lots 9 and 10 as shown on said Map No. 13408 Said land, however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 24. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: 13408 Easement Purpose: general access and public utilities and drainage Affects: as shown on said Map No. 13408 25. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: April 1, 1997 as Instrument No. 1997-0150347. of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." CLTA Preliminary Report Form (Rev 1/1/95) Order No.: 603041285-U50 SCHEDULE B (continued) Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 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 are stated to be subordinate to the lien of a first mortgage or first Deed of Trust made in good faith and for value. Among other things, said document provides: Easements and Restrictions 26. An Unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lego Carlsbad AG, (Lego Carlsbad Inc.) a Swiss corporation Lessee: Lego Land Carlsbad, Inc., a California corporation Recorded: April 16, 1997 as Instrument No. 1997-0175999. of Official Records The present ownership of the Leasehold created by said Lease and other matters affecting the interest of the Lessee are not shown herein. An assignment and assumption of Lease dated as of July 11, 2005, by and between Lego Land Estates AG (Lego Land Estates, Inc.), a Swill corporation and Play U. S. Acquisitions Co. Inc., a Delaware corporation, recorded August 29, 2005 as Instrument No. 2005-0744001. of Official Records. 27. A document entitled "Landscape Maintenance and Easement Agreement", dated, April 27, 1997, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Carlsbad AG (Lego Carlsbad Inc.), a Swiss corporation, subject to all the terms, provisions and conditions therein contained, recorded April 29, 1997 as Instrument No. 1997-0197544. of Official Records. First amendment to landscape maintenance and easement agreement dated April 9, 1998, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Land Estates AG (Lego Land Estates Inc.), a Swiss corporation, recorded April 27, 1998 as Instrument No. 1998- 0239009. of Official Records. 28. A document entitled "Hold Harmless Agreement Drainage", dated, May 29, 1997, executed by Lego Carlsbad AG (Lego Carlsbad Inc.) a Swiss corporation, subject to all the terms, provisions and conditions therein contained, recorded July 1, 1997 as Instrument No. 1997-0310071. of Official Records. CLTA Preliminary Report Form (Rev 1/1/95) Page 9 Order No.: 603041285-U50 SCHEDULE B (continued) 29. A document entitled "Notice of Restriction on Real Property", dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land EstateS, Inc.) and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997- 0391746. of Official Records. 30. A document entitled "Notice Concerning Aircraft Environmental Impacts Case No.: SDP 96- 14/CDP 96-16", dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land Estate, Inc.), subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997-0391747. of Official Records. 31. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: October 30, 1997 Grantor: Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation Grantee: San Diego Gas and Electric Company, a corporation Purpose: public utilities, ingress, egress Recorded: November 6, 1997 as Instrument No. 1997-0560979. of Official Records Affects: Lot 18 The exact location and extent of said easement is not disclosed of record 32. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: November 10, 1997 Grantor: Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation Grantee: San Diego Gas and Electric Company, a corporation Purpose: public utilities, ingress, egress Recorded: December 1, 1997 as Instrument No. 1997-0603896. of Official Records Affects: Lot 18 33. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: January 21, 1998 Grantor: Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation Grantee: Carlsbad Municipal Water District Purpose: water line easement Recorded: March 6, 1998 as Instrument No. 1998-0122320. of Official Records Affects: Lot 18 34. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as set forth in a document Dated: October 21, 1998 Grantor: Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation Grantee: Carlsbad Municipal Water District Purpose: water line easement CLTA Preliminary Report Form (Rev 1/1/95) Page 10 Order No.: 603041285-U50 SCHEDULE B (continued) Recorded: March 6, 1998 as Instrument No. 1998-0122321. of Official Records Affects: Lot 18 35. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as set forth in a document Dated: January 21, 1998 Grantor: Lego Land Estates (Lego Land Estates Inc.), a Swiss corporation Grantee: Carlsbad Municipal Water District Purpose: water line easement Recorded: March 6, 1998 as Instrument No. 1998-0122322. of Official Records Affects: Lot 18 35A. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Grand Pacific Carlsbad, L. P., a California limited partnership Purpose: storm drain easement Recorded: August 3, 2005 as Instrument No. 2005-0660417. of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 36. Intentionally omitted 37. Intentionally omitted 38. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded June 6, 2006 as Instrument No. 2006-0398658. of Official Records. 39. Rights of parties in possession of said land. Matters affecting the rights of said parties are not shown herein. 40. 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. 41. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $ 221,272,727.00 Dated: May 21,2007 Trustor: Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation Trustee: Chicago Title Company Beneficiary: Bayerische Hypo-UND Vereinsbank AG London Branch, its successors and/or assigns Recorded: May 21, 2007 as file No. 2007-0343513 of Official Records CLTA Preliminary Report Form (Rev 1/1/95) Page 11 Order No.: 603041285-U50 SCHEDULE B (continued) The terms and provisions contained in the document entitled "Amended and Restated Deed of Trust , Assignment of Leases and Rents, Security Agreement, Financing Statement and Fixture Filing " recorded July 8, 2008 as Instrument No. 2008-0364620 Official Records. 42. An Unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor: Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation Lessee: Lego Land California, LLC, a Delaware limited liability company Disclosed by: Subordination and Attornment Agreement Recorded: May 21, 2007 as file No. 2007-0343514 of Official Records The present ownership of the Leasehold created by said Lease and other matters affecting the interest of the Lessee are not shown herein. The terms and provisions contained in the document entitled "Amended and Restated Subordination and Attornment Agreement " recorded July 8, 2008 as Instrument No. 2008- 0364321 Official Records. 43. A claim of Mechanic's Lien Amount: $6739.89 Claimant: Rossi Concrete Recorded: September 4, 2008 as Instrument No. 2008-0473171 Official Records Reference is hereby made to said document for full particulars. END OF SCHEDULE B CLTA Preliminary Report Form (Rev 1/1/95) Page 12 Order No.: 603041285-U50 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: Your open order request indicates that a corporation formed outside of the jurisdiction of the State of California will be acquiring, encumbering or conveying the property in your transaction. Therefore, it is the requirement of this Company that prior to the issuance of our policy of title insurance we be furnished an opinion by independent counsel authorized to practice law in the foreign jurisdiction, at no cost to this company, which opinion shall make the following representations: (1) That counsel has reviewed and studied the articles of incorporation and any other pertinent documents in light of the applicable laws of that jurisdiction; (2) That the corporation was properly incorporated in that jurisdiction; (3) That the corporation is presently in good standing in that jurisdiction; (4) That the corporation has both the power and authority to own property in the United States/State of California, both under its articles and the laws of the jurisdiction; (5) That the named person(s) who will execute documents (if any) on behalf of the corporation is/are authorized to do so. MSB/1st amend CLTA Preliminary Report Form (Rev 1/1/95) Page 13 ANTITLE INSURANCE COMPAY Fidelity National Financial Group of Companies' Privacy Statement July 1,2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • To agents, brokers or representatives to provide you with services you have requested; • To third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • To others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 60 1 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services: If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (10-21-03) LIST OF PIENTED 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 or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (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 recorded 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 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 for 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 resulting in loss or damage which would not have been sustained if the insured claimant had paid value for he insured mortgage or for 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 the 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 of 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 - SCHEDULE B, PART I This policy does not insure against loss or 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 levies 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 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. Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date — unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date — this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of aright: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, cost, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed or you land 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss costs attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use. if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. Exceptions and Exclusions •* CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. Building b. Zoning c. Land use d. Improvements on Land e. Land division f. Environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17, or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE 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 recorded 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 for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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. 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 statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE (Continued) 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or 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 levies 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 by making inquiry of 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. Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) 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 recorded 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 for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) 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 estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Instructions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or 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 levies 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 by making inquiry of 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. Exceptions and Exclusions 1C- »' > + ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) 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 recorded 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 for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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. 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. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the insured has knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are known to the insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. Exceptions and Exclusions Notice of Detenftnation FILE COPY To: Q Office of Planning and Research From: CITY OF CARLSBAD P.O. Box 3044 Planning Department Sacramento, CA 95812-3044 1635 Faraday Avenue Carlsbad, CA 92008 13 SD County Clerk (760) 602-4600 Attn: Linda Kesina Mail Stop A-33 1600 Pacific High way San Diego, CA 92101 Project No: SDP 96-14(F)/CDP 96-14(F) Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. LEGOLAND WATERWORKS CLUSTER- SDP 96-14(F) Project Title 95051001 City of Carlsbad, Van Lynch (760)602-4613 State Clearinghouse No. Lead Agency, Contact Person Telephone Number 1 Legoland Drive, Carlsbad, San Diego County Project Locations (include County) Name of Applicant: Merlin Entertainment Group Applicant's Address: 1 Legoland Drive, Carlsbad CA 92008 Applicant's Telephone Number: (760) 918-5401 Project Description: Request for approval of a Minor Site Development Plan and Minor Coastal Development Permit (SDP 96-14(F)/CDP 96-16(F)) to construct a 7.3 acre water park attraction within Expansion Area 2 of the Legoland California Theme Park on property generally located north of Palomar Airport Road, south of Cannon Road, east of Armanda Drive and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. This is to advise that the City of Carlsbad has approved the above described project on February 2, 2010, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment. 2. The project is within the scope of the previously certified Carlsbad Ranch Specific Plan Environmental Impact Report. 3. This project was reviewed previously and an Environmental Impact report (EIR 94-01) was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures were not made a condition of the approval of the project. 5. A mitigation reporting or monitoring plan was not adopted for this project. 6. A statement of Overriding Considerations were not adopted for this project. 7. Findings were made pursuant to the provisions of CEQA. This is to certify that the final EIR with comments and responses and record of project approval is available to the General Public It THE CITY OF CARLSBAD. DON NEU, Planning Director Date Date received for filing at OPR: Revised December 2004 MERLIN ENTERTAINMENTS GROUP U.S^LDINGS, INC. PAY TO THE ORDER OF One LEGOLAND Drive Carlsbad, CA 92008 (760)918-5300 COUNTY OF SAN DIEGO WELLS FARGO BANK, N.A.QgKORNIAwww.v^^Brgobank.com 11-24/1210 2426 January 28, 2010 $ *** FIFTY AND. 0/100 USD MEMO COUNTY DP SAN DIEGO 1255 I IMPERIAL AVE 3RD FLOOR SAN DIEGO, CA 92101 USA 11-00 1:1 E tooo LEI MERLIN ENTERTAINMENTS GROUP U.S. HOLDINGS, INC.Account No. COUNTY OF SAN DIEGO Document No. CEQA FILING FEE Vendor No January 28, 2010 200016 Check No. 2426 "50.00 DOLLARS 2426 Document Date 01/28/10 01/28/10 Net Amount 50.00 City of Carlsbad Planning Department April3,1997 County Clerk County of San Diego PO Box 1750 San Diego, CA 92112-4147 Attention: Mita SUBJECT: RETRO FISH & GAME FEES FOR CARLSBAD RANCH - EIR 94-01/GPA 94-03/LCPA 94-03/ZC 94-02/SP 207(A)/SP 144(G)/LFMP 87-13(B)/AP 76- 01/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - S875.00 - RECORDER #960014 RETRO FISH & GAME FEES FOR LAUREL TREE APARTMENTS - GPA 95-01/ZC 95-01/LCPA 95-02/LFMP 87-05(B)/SDP 95-01/HDP 95-01 - Sl,275.00 - RECORDER #950446 Enclosed please find City of Carlsbad Check in the amount of S 2,150.00, retroactive Fish Game Fees for Carlsbad Ranch/Legoland Specific Plan (EIR 94-01/GPA 94-03/LCPA 94-03/ZC 94- 02/SP 207(A)/SP 144(G)/LFMP 87-13(B)/AP 76-01/CT 94-09/PUD 94-07/HDP 94-07/DA 94- 01) - $875.00 and Laurel Tree Apartments (GPA 95-01/ZC 95-01/LCPA 95-02/LFMP 87- 05(B)/SDP 95-01/HDP 95-01) - $1,275.00.. Also please find a copy of the recorded Notice of Determination for each project. Thank you. Sincerely, VALERIE J. DINSMORE Administrative Secretary Attachment c: Files Notice of Determination To: X Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA95814 X County Clerk County of San Diego Attn: Mita PC-Box 1750 San Diego, CA 92112-4147 From: City of Carlsbad Planning Department 2075 Las jCarlsbad, CA 92609on/ mitti ftacorderrtouatybferit' 17 4"*8 1161HJO"iloi BY. Project No.::Of GPA 94-03/LCPA 94-03/ZC 94-02/SP 207(A')/SP 144(G)/LFMP;:87;13|BJ^ '01/CT 94-09/PUD 94-07/HDP 94-07/DA 94)L Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Carlsbad Ranch/LEGOLAND Specific Plan Amendment Project Title SCH# 95051001 City of Carlsbad, Don Neu f6191 438-1161 x4446 State Clearinghouse Number (If submitted to Clearinghouse) Lead Agency Contact Person Area Code/Telephone/Extension North of Palomar Airport Road, south of the future Cannon Road extension (except for an area of approximately 24.2 acres located on the north side of Cannon Road"), east of Paseo Del Norte, and west of the boundary of Local Facilities Management Zones 5 and 8 in the City of Carlsbad. County of San Diego, State of California. Project Location (include county) Project Description: The proposed project is the Carlsbad Ranch Specific Plan Amendment and Interstate 5/Cannon Road interchange improvements. The specific plan allowed land uses include LEGOLAND, destination resort, hotel, golf course, commercial, office, research and development, related light manufacturing, a vocational school campus, and agriculture on a total of 471.6 acres. This is to advise that the City of Carlsbad has approved the above described project on January 9, 1996, and has made the following determinations regarding the above described project. 1. The project will have a significant effect on the environment. 2. An Environmental Impact report was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A statement of Overriding Considerations was adopted for this project. 5. Findings were made1 pursuant to the provisions of CEQA. V This is to certify that the final Environmental Impact Report with comments and responses and record of project approval are available to the General Public at THE CITY OF CARLSBAD. MICHAEin. H0LZMILLER, Date received for filing at OPR: FILED I3f THIS OFFICE SSSfle THE SENDER: COMPLETE THIS SECTION Complete items 1 ,^BBnd 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite T03 7575 Metropolitan Drive San Diego, CA 92108-4402 A. Signal D Agent Addressee D. Is delivery address different from item 1 ? d Yes If YES, enter delivery address below: d No 3. Service Type ^J3jBertified Mail D Express Mail D Registered '^D'Return Receipt for Merchandise D Insured Mail /D C.O.D. 4. Restricted Delivery? (Extra Fee)D Yes 2. Article Number (Transfer from service label)700=1 miD OOOE IT? 3 S^Ofi PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 fcrogMfc^teteroaEgtero (C' \\ /&\ II 1 H ^^ fr**F Certified Fee Return Receipt Fee(Endorsement Required) Restricted Delivery Fee(Endorsement Required) see Postmark Mere I-1-10 total posta, Califomia Coastal Commission Attn: Toni RossSent To "sifss;xpt:'fii Suite 103 orPOBoxNo /7C-7C » * . ,-. ,--. •7575 Metropolitan DriveCity, State, Zll San Diego, CA 92108-4402 FILE COPY City of Carlsbad" ADMINISTRATIVE SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT NOTICE OF PENDING DECISION DATE: Januarys, 2010 APPLICATION: SDP 96-14(E)/CDP 96-16(E) - LEGOLAND WATERWORKS CLUSTER PROJECT DESCRIPTION: The proposed LEGOLAND Waterworks is a new cluster to be located at the northwest corner of the LEGOLAND site, currently identified as "Expansion Area 2" on the park's overall site development plan. The Waterworks cluster will be composed primarily of water slides, pools and interactive water play areas. The area will have a LEGO theme, based on the LEGO building toy products familiar to all. Expansion Area 2 is approximately 10 acres in size, including the 45' wide building and landscape setback along the northerly park boundary. Of this, the core Waterworks attraction area will occupy approximately 7.3 acres. The 45' landscape setback comprises approximately 1 acre, while the proposed perimeter service road accounts for 0.7 acres. Approximately 2.7 acres will remain to the east of the Waterworks cluster for future expansion. The existing site is currently vacant and has been used as a temporary stockpile area for grading spoils from past attraction development projects. The stockpile will be all or partially removed over time as the project is developed. LOCATION: The site is generally located north of Palomar Airport Road, south of Cannon Road, east of Armanda Drive and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. APN 211-100-09 and 11 The proposed development is located within the Coastal Zone. No formal public hearing is required for this application, and a public hearing will only be held upon written request, within 15 working days from the date of this notice. Failure to request a hearing may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application. The Planning Director will determine this application 15 working days after the date of this notice if no public hearing is requested. Written requests for a public hearing should be addressed to the Planning Director, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008.. If you have any questions, comments or concerns regarding this application please contact Van Lynch, at the City of Carlsbad Planning Department, (760) 602-4613 or van.lynch@carlsbadca.gov, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us aiqiiEdiuoo LULU /g x LULU gg leuuoj ap a ,,8/9 2 x „t 8Z|S |aqe| LEGOLAND CALIFO:LF PI 1209 N^@e?GE ST ^GTON, DE 19801-1120 OSCARS CARLSBAD LLC 3336 E 32ND ST 217 TULSA, OK 74135-4442 PP PAC RIDGE INC 2711 N HASKELL AVE 2150 DALLAS, TX 75204-2912 LEGOLAND CALIFO? PO LF PI DANNY J & SANDRA 820 PL 101 5, NV 89144-2440 CIVIC CENTER FITNESS LLC 501 SANTA MONICA BLVD 312 SANTA MONICA, CA 90401 C B RANCH ENTERPRISES 5600 AVENIDA ENCINAS 106 CARLSBAD, CA 92008-4452 CARLSBAD RANCH ICE A! ENCINAS 100 jSBAD, CA 92008-4452 GRAND PACIFIC PALISADES HOTEI V JOHN H & PATRICIA DAVIS CT 200 CA 92008-2911 GRAND PACIFIC CARL 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 GRAND PACIFIC CARLSB. 5900 200 CA 92008-7336 NATIONAL ASSN OF 5790 5900 ;RCH; : \ CARLSBAD 200 CA 92008-7336 ROBERT 1029 JAMES & G. 1013 GOLDENE : CARLSBAD, GROSS 1001 GOLD, CARLSBAD CA 92008-4608 STREET DA DR fLSBAD, CA 92008-4608 HORRELL VW l-1223 'DBS *M* -1223 1025 GOLD, CARLSB. DALE J & KR 1009 GOLDENEY CARLSBAD, CA 11-1223 ENK 223 VW 11-1223 MARCIA 1004 GO: CARLSB. SER VW CA 92011-1222 ROBERT H 1003 TURNSTONE" CARLSBAD, m. 9201' JOHNS 999 TURNSTO 218 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 GRAND PACIFIC CARLSBAD L P 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 ! '/ LOT 15 CARLSBAD RANCH LLC 111 |! 5800 ARMADA DR 102 'l CARLSBAD, CA 92008-4611 ! i , DAVIES | ' i 1 \ 1021 GOL: ;;' CARLSB. |' ROBE ! 1007 I CARL EDWAR, VW 011-1223 Y HOTTO 'EYE VW 92011-1223 'ONE RD 92011-1218 CARLSBAD, OK 920:R.-1216 i label size 1" x 2 5/8" compatible with Avery®5160/8160 JOSEPH G ; 995 TURNST i CARLSBAD,92011-1216 09L9/091S,JJ3A\/ 33AB 8|qrjediuoo LUUJ /g x uiw gg ,,8/9 2 x „[. 3Z|S |9QB| STEPHEN A & NICOLE DUNPHY 1219 WIND CARLSBAD, WAY 92011-1254 BRYSON 1215 WIND S! CARLSBAD, WAY 92011-1254 THOMPSON 1211 WIND S CARLSBAD, WAY 92011-1254 MYUNGSUK & JENNY>RO 1207 WIND STJfR WAY CARLSBAD, 0^92011-1254 WALKER FAMILY^ 6465 TOPM^' DR CARLSBADj/CA 92011-1265 MARK A & MARIA^RICHEY 6461 TOP CARLSBAD, DR 92011-1265 RANDALL A SEGOV1 6457 TOPMAST. CARLSBAD, C^920H-1265 KUTLOW 6445 TOPMAST DR CARLSBAoXcA 92011-1265 STEVEN B MEDQ STRACHAN 6453 TOPM«T DR CARLSBAD7 CA 92011-1265 MA CHEN 6441 TOP! CARLSB DR 92011-1265 6449 TOPMJ»BT DR CARLSBA^TCA 92011-1265 DAVID E & BARBARA THURMAN 6437 TOPJ^ST DR CA 92011-1265 WILLIAM S & SHARON MUNSON 6433 TOPMASaR CARLSBAD, JCA 92011-1265 ANGEL M & KATHLE_ PO BAD, CA 92013-0275 BLVD 102 LNITAS, CA 92024-4371 M & A GABAEE 6747 FRIARS RD 130 SAN DIEGO, CA 92108-1177 KELLY CORPORATE C 5330 SALTAIRE AT CAacSBAD HOMEOWN1 : ;. KELLY CORPORAT: 703 PALOJ CARLSBAD. AIRPORT RD 225 92011-1049 L L HERBERT HIRSHFI PO 450 , CA 92013-1450 CENTER FOR NATURAL LANDS MGM: 215 W ASH ST FALLBROOK, CA 92028-2904 KELLY CORPORATE A L CEGO CANYON RD 200 , CA 92121-3758 )LL CANYON RD 200 DIEGO, CA 92121-3758 CARLSBAD OCEAN TERRACES L L C. 43529 RIDGE PARK DR TEMECULA, CA 92590-3690 COSTCO WHOLESALE CORPORATION ', ; *** 118 Printed *** 999 LAKE DR ISSAQUAH, WA 98027-8990 VALLEY RD 150 j 5LSBAD, CA 92011-4222 CARLSBAD RANCH RESTAURANT CO PO BO.X 4068 CARLSBAD, CA 92018-4068 SEABRIGHT C MEOWNERi [NO DEL RIO S 112B DIEGO, CA 92108-3546 KELLY CORPORATE CENTER ALL 5330 CARROLL CANYON RD 200 SAN DIEGO, CA 92121-3758 OCEAN RIDGE 920 RAMENTO, CA 95814-3361 : label size 1" x 2 5/8" compatible with Avery®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery®5160/8160 09ltgaA"J9AV 38A8 9|qi}edLUOO LULU /g x LULU gj IBUJJO} sp a ,,g/g 3 x ,,L 9Z CURRENT RESIDENT GRAND PACIFIC(5605-13) DR CARLSBAD, CA 92008-4725 CURRENT RESIDENT 5805 ARMADA DR CARLSBAD, CA 92008-4609 CURRENT RESIDENT 5801 ARMADA DR CARLSBAD, CA 92008-4609 CURRENT RESIDENT 5803 ARMADA DR CARLSBAD, CA 92008-4609 CURRENT RESIDENT 5760 FLEET ST -7 CARLSBAD, CA 92008-4713 CURRENT RESIDENT 5800 ARMADA DR 102 CARLSBAD, CA 92008-4611 CURRENT RESIDENT 5780 FLEET ST -9 CARLSBAD, CA 92008-4702 CURRENT RESIDENT 965 PALOMAR AIRPORTRD CARLSBAD, CA 92011-1110 CURRENT RESIDENT 951 PALOMAR AIRPORTRD CARLSBAD, CA 92011-1110 *** 11 Printed *** CURRENT RESIDENT 6005 HIDDEN VALLEY RD CARLSBAD, CA 92011-4222 California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 CURRENT RESIDENT 6010 HIDDEN VALLEY RD CARLSBAD, CA 92011-4213 A notice has been mailed to. oil property owners/occupants listed herein. Date: I- S-/O Signature: JLT . label size 1" x 2 5/8" compatible with Avery®5160/81 do Van Lynch From: Van Lynch Sent: Thursday, January 07, 2010 5:07 PM To: chris.romero@legoland.com Cc: Bill Hofman; Natalie Roderick Subject: Notice of pending decision Attachments: SDP9614Epublicnotice.docx Chris/Bill, Per the Code we are required to send a Notice of Pending Decision and allow a 15 day response period. The notice is to be sent to neighbors, Coastal Commission and the applicant. This notice is to notify you, the applicant, of the pending decision. The 15 day response period will begin tomorrow, January 8th. I am not sending a notice via the mail so this email serves as your notice. Sincerely, Van Lynch Van Lynch Senior Planner Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA ZIP 92008 P: 760-602-4613 F: 760-602-8559 van.lynch@carlsbadca.gov www.carlsbadca.gov http://docpub.ci.carlsbad.ca.us I RONALD COGSWELL / TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONTAINES THE NAMES, ADDRESSES AND PARCEL NUMBERS OF ALL PERSONS TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR ON THE LATEST AVAILABLE ASSESSMENT ROLL OF THE COUNTY WITHIN THE AREA DESCRIBED AND REQUESTED BY YOU THE CLIENT, THE REQUIRED RADIUS MEASURED FROM THE EXTERIOR BOUNDARIES OF THE PROPERTY REQUESTED AND DESCRIBED AS APN ; # 211-100-09 DATE OF 06-30-09 THE REQUESTED RADIUS 100 FT. ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM (To be Completed by Applicant) Date Filed: ~ " ?£ _ (To be completed by City) Application Number(s): General Information 1 Name of project- LEGOLAND 'WATERWORKS' CLUSTER - EXPANSION AREA , XI f. , • , LEGOLAND California, LLC2. Name of developer or project sponsor: _ ' Address: 1 LEGOLAND DRIVE City, State, Zip Code:CARLSBAD' CA 92008 Phone Number: (760)918-5401 3. Name of person to be contacted concerning this project: HPE: Natalie Roderick Address- 3l52 LIONSHEAD AVENUE r<-> o* . r,- ^ A CARLSBAD, CA 92010City, State, Zip Code: '_ Phone Number: (760)692-4022 . ... ,D . . 1 LEGOLAND DRIVE, CARLSBAD, CA 920084. Address of Proiect: Assessor's Parcel Number: nlA°°"09 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Coastal Development Permit Amendment and Site Development Plan Amendment TR6. Existing General Plan Land Use Designation: 7. Existing zoning district: C-T-Q 8. Existing land use(s): LEGOLAND CALIFORNIA 9. Proposed use of site (Project for which this form is filed): LEGOLAND CALIFORNIA - EXPANSION WATERPARK Project Description 128.32 ACRES10. Site size: 11. Proposed Building square footage: 02/22/06 N/A12: Number of floors of construction: 13. Amount of off-street parking provided: 14. Associated projects: N/A 15. If residential, include the number of units and schedule of unit sizes: N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or I I i^j substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public | | [><] lands or roads. 22. Change in pattern, scale or character of general area of project. | | [XJ 23. Significant amounts of solid waste or litter. ii RTI 24. Change in dust, ash, smoke, fumes or odors in vicinity. | | |XJ 3 02/22/06 Yes No 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or i—i i—. alteration of existing drainage patterns. '—' ^ 26. Substantial change in existing noise or vibration levels in the vicinity. I i rrr 27. Site on filled land or on slope of 10 percent or more. ,— 28. Use of disposal of potentially hazardous materials, such as toxic I I |\7| substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, I I R71 sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, I I [\7| etc.). 31. Relationship to a larger project or series of projects. fv7| I I Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: _ Signature: For: /f/A&O* /fy 02/22/06 January 27, 2010 TO: SENIOR PLANNER - VAN LYNCH FROM: Associate Engineer Jimeno SDP 96-14(F)/CDP 96-16(F): LEGOLAND WATERWORKS CLUSTER - CONDITIONS The Engineering Department has completed its review of the project. The Engineering Department is recommending that the project be approved, subject to the following conditions: ENGINEERING CONDITIONS General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 2. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of permit issuance. 4. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of the Site Plan and Conceptual Grading & Utilities Plan C-l through C-4, reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the Planning Director, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. Fees/Agreements 18. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. Grading 35. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 36. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 39. Prior to issuance of a building permit, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 49. Prior to issuance of a building permit, Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the City Engineer. Utilities 60. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Code Reminders 81. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. January 13, 2010 TO: Van Lynch, Senior Planner Michele Masterson, Senior Management Analyst FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 2nd Review Legoland Waterworks Cluster - Expansion Area, CDP 96-16(E), SP 96-14(E) PELA file: 379 - Legoland Waterworks Cluster - Expansion Area - Con2 Landscape Architect: R. W. Apel, Phone (760) 943-0760 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. REPEAT COMMENTS 1. Completed. 2. Completed. 3. Completed. 4. A copy of the water use plan has been forwarded to Public Works Maintenance and Operations for review. Any comments will be returned to the applicant. 5. Completed. 6. Completed. 7. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) on the next submittal. NEW COMMENTS 1 A. Please identify these areas. Please address plantings if they are landscape areas. MEMORANDUM October 27, 2009 TO: Senior Planner Van Lynch FROM: Associate Engineer Frank Jimeno SDP 96-14E - LEGOLAND WATERWORKS CLUSTER, EXPANSION AREA 2 Engineering Department staff has completed a review of the above-referenced project. Following is a list of engineering issues that need to be resolved or adequately addressed prior to recommendation of approval: 1. The site plans, civil plans and landscape plans do not match the plans submitted for building plancheck. There are less rides and a new maintenance building. Some retaining walls have been added. Coordinate all the exhibits. 2. Per Leighton and Associates' "Planning-Level Geotechnical Review" letter dated August 24, 2009, submit a preliminary Geotechnical study with site-specific geotechnical recommendations for the proposed development. 3. Use the topography shown in DWG 390-4B as the 'existing' contours. List the earthwork quantities from the 'existing' contours to the proposed new contours for the Waterworks project. 4. Submit a preliminary drainage study. Include the design of the proposed temporary erosion control basin. 5. Show in the site plan the sewer (edu), potable water (gpm), and reclaimed water (gpm) generated or required by the proposed development. Also show the total ADT generated by the project. 6. Clearly indicate the limits of all existing and proposed utilities. 7. Show all existing fire hydrants in the vicinity of the project area. Also indicate the locations of any additional fire hydrants. 8. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinklers, etc.). 9. The project's conceptual grading and utility plan C-2 shows conflicts between the proposed footings and existing underground utilities. Revise the plans to address the conflicts. 10. Plumbing sheet PO2 of the building plan set shows the existing underground utilities in a different location than the utilities shown in the Conceptual Grading & Utilities Plan C-2. Clarify. 11. The Storm Water Management Plan (SWMP) is acceptable for discretionary action purposes. It will be finalized at the final design stage. Note that since this is a priority project, a numeric sizing component needs to be added to the report. The storm water measures will be finalized with the final design drawings If you or the applicant has any questions, please contact me at 602-2758. Senior Civil Engineer Van Peski August 27, 2009 TO: Van Lynch, Senior Planner Michele Masterson, Senior Management Analyst FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 1st Review Legoland Waterworks Cluster - Expansion Area,CDP 96-16(E), SP 96-14(E) PELA file: 379 - Legoland Waterworks Cluster - Expansion Area - Conl Landscape Architect: R. W. Apel, Phone (760) 943-0760 Please advise the applicant to make the following corrections to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1. Please indicate that the pad for future development will be temporarily irrigated as well as planted per standard number 1. 2. Revise reference to "L-5". 3. Please identify plants to be incorporated in the vegetated bio-swales in the legend. Natural grasses such as Carex divulsa, Juncus species, Acorus species and Lindernia grandiflora are possibilities for the bottoms of the swales. The applicant is to insure that the plant provided will thrive and also provide required bio-swale functions. Plantings located in bio-swales shall be fully knitted in and provide complete coverage of the swale area in order to provide a working filter prior to project approval. 4. A copy of the water use plan has been forwarded to Public Works Maintenance and Operations for review. Any comments will be returned to the applicant. 5. Per the water conservation section of the manual (C.3-4.6), woody shrubs must be planted over herbaceous groundcover to cover 60% of the groundcover area at maturity. Please add a note to plans indicating that this requirement will be met. 6. Zamia furfuracea is a poisonous plant. Use adjacent to walks or other areas where children may be present should be avoided. 7 RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) on the next submittal. FILE COPY City of Carlsbad Planning Department February 10,2010 San Diego County Recorded Attn: Linda Kesian P.O.Box 121750 San Diego, CA 92112-1750 SUBJECT: NOTICE OF DETERMINATION - LEGOLAND WATERWORKS CLUSTER - SDP 96-14(F) Ms. Kesian, Per your request, please find attached the original Notice of Determination for the Legoland Theme Park (SDP 96-14) and copy of the Environmental Filing Fee cash receipt for same. Sincerely, VAN LYNCH Senior Planner C:file 1635 Faraday Avenue « Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us FILE COPY City of Carlsbad - "^ HPHMMBMH^nMHMHP^HMBH^^HMiMMI^BMJRI a n n i tt gl^D e part nn:ejfit January 28, 2010 . Hofman Planning and Engineering Attn: Natalie Roderick 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: MINOR SITE DEVELOPMENT PLAN SDP 96-14(F)/MINOR COASTAL DEVELOPMENT PERMIT CDP 96-16(F) - LEGOLAND WATERWORKS CLUSTER - Request for approval of a Minor Site Development Plan and Minor Coastal Development Permit (SDP 96-14(F)/CDP 96-16(F)) to construct a 7.3 acre water park attraction within Expansion Area 2 of the Legoland California Theme Park on property generally located north of Palomar Airport Road, south of Cannon Road, east of Armanda Drive and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. Dear Ms. Roderick, The Planning Director has completed a review of your application for a Minor Site Development Plan and Minor Coastal Development Permit (SDP 96-14(F)/CDP 96-16(F)) to construct a 7.3 acre water park attraction within Expansion Area 2 of the Legoland California Theme Park on property generally located north of Palomar Airport Road, south of Cannon Road, east of Armanda Drive and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. A notice was sent to property owners within a 100' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on January 25, 2010). After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the findings required for granting a Minor Site Development Plan and Minor Coastal Development Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that development will be required to comply with the development standards of the Carlsbad Ranch Specific Plan which is found to be consistent with the various elements of the General Plan and that the project design complies with the requirements of the Carlsbad Ranch Specific Plan. Development of the proposed area will not encroach into the required building and landscape setbacks for the perimeter of the site. The required building and landscape setbacks provide an appropriate buffer between the LEGOLAND Park and existing, as well as future, development. There is not a significant traffic increase associated with the proposed waterworks cluster and any additional 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SDP96-14(F)/CDP96-16( January 28, 2010 Page 2 (F) - LEGOLAND WATERWORKS-CLUSTER traffic would not exceed the original projected traffic generation for the project. No traffic impacts are associated with the proposed inner park improvement. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that all applicable code requirements have been met. All required parking has been constructed and the infrastructure needs of the inner park development were planned for the with the initial park construction. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that screen walls, berming and landscaping have been constructed to screen service areas for the park. The project design includes additional berming and landscaping in the area proposed for development adjacent to the service road to screen views from within the visitor areas of the Inner Park to necessary park facilities and infrastructure not intended to be viewed by guests. Adequate vehicle and bus turning movements were included on-site with the construction of initial improvements. A service road was constructed around the perimeter of the Inner Park for operational needs and emergency vehicle access. Several access points were provided to the service road for emergency vehicles. Pedestrian connections were also constructed to the overall pedestrian circulation system of the Carlsbad Ranch. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed expansion areas were included in the original circulation analysis prepared for program EIR 94-01 for the Carlsbad Ranch Specific Plan. The circulation analysis considered the buildout of the park and the corresponding attendance levels with park buildout. 5. The Planning Director has determined that: a. the project is a subsequent activity of a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA) [15168(c)(2) and (e)] and/or b. this project is consistent with the project cited above; c. Program Environmental Impact Report (EIR 94-01) for Carlsbad Ranch Specific Plan Amendment was certified in connection with the prior project or plan; d. the project has no new significant environmental effect not analyzed as significant in, the prior EIR; e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; 6. The Planning Director finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and Carlsbad Ranch Specific Plan SP 207. SDP 96-14(F)/CDP 96-16^- LEGOLAND WATERWORKS CLU( January 28, 2010 Page 3 7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 13 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad School District that the project has satisfied its obligation for school facilities. b. A growth management park fee of 40 cents per square foot of non- residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset the demand created by employees within Zone 13. c. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. d. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 8. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated October 2004, in that the project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport in that areas of the site are within the 60 and 65 CNEL noise contours and the park was considered a compatible land use at these noise levels. 9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 10. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project is in compliance with the relevant policies of the Mello II Segment of the Local Coastal Program, the Carlsbad Ranch Specific Plan which serves as partial implementation for the Mello II Segment for the project site, and the Coastal Resources Protection Overlay Zone, as the agricultural conversion policy has been satisfied, the only area of sensitive vegetation on the property has been preserved and is subject to a Coastal Deed Restriction, and all necessary drainage detention facilities are in place. 11. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that pedestrian walkway connections to the Carlsbad Ranch Trail System have already been constructed with the initial construction of the park and no existing public access ways are affected by development of the inner park area. SDP96-14(F)/CDP96-16( January 28, 2010 Page 4 i(F) - LEGOLAND WATERWORKS CLUSTER 12. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 13. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Approval is granted for SDP 96-14(F) and CDP 96-16(F) LEGOLAND WATERWORKS CLUSTER as shown on Exhibits "A" - "AA" dated January 28, 2010 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Site Development Plan and Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the SDP 96-14(F)/CDP 96-16(F) Legoland Waterworks Cluster documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan and Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. SDP 96-14(F)/CDP 96-160- LEGOLAND WATERWORKS CLU0ER January 28, 2010 Page 5 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of the Site Plan and Conceptual Grading & Utilities Plan C-1 through C-4, reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the Planning Director, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 7. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits: 8. Prior to the issuance of a permit, the Developer shall provide proof to the Director from Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 10. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 11. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 12. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 13. Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan and Coastal Development Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. SDP 96-14(F)/CDP 96-16(Fy - LEGOLAND WATERWORKS CLUCTER January 28, 2010 Page 6 14. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of project approval. 15. Developer shall report, in.writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Engineering: General 16. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 17. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of permit issuance. Fees/Agreements 18. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. Grading 19. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or Stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 20. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 21. Prior to issuance of a building permit, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007- SDP 96-14(F)/CDP 96-1640- LEGOLAND WATERWORKS CLU January 28, 2010 Page 7 0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 22. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 23. Prior to issuance of a building permit, Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the City Engineer. Utilities 24. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Code Reminders: 25. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 26. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 27. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 28. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 13 as required by Carlsbad Municipal Code Section 21.90.050. A growth management park fee of 40 cents per square foot of non- residential development will be collected at the time of building permit issuance. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely SDP 96-14(F)/CDP 96-16(F) - LEGOLAND WATERWORKS CLUSTER January 28, 2010 Page 8 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Van Lynch at (760) 602-4613. CHRIS DeCERBO Principal Planner CD:VL:sm Merlin Entertainment Group, 1 Legoland Dr., Carlsbad, CA 92008 Michele Masterson, Senior Management Analyst Frank Jimeno, Project Engineer File Copy Data Entry r-w-Apel landscape architects JAN ° 8 201° inc- CITY OF CARLSBAD PLANNING DEPT January 7, 2010 Mr. Van Lynch Senior Planner Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Cc: Natalie Roderick, Hofman Planning & Engineering Chris Romero, Legoland California Subject: Response to Comments for SDP 96-14(F)/CDP 96 16(F) LEGOLAND WATERWORKS CLUSTER Following is a written summary of our responses to the plan check comments from the first SDP/CDP submittal of the above named project. Planning: 1. Please revise the mailing labels submitted to reflect the 100 foot mailing list required for surrounding property owners and residents. We have been informed by Van Lynch that new mailing labels are no longer needed. 2. Please provide a cross section from the public drive entry (Legoland Drive) to the mechanical building (Sheet A-13) to show how it is screened from the entry drive. The mechanical building has been moved to a location at the northerly side of the project and is no longer adjacent to the Legoland entry drive where it might be a visual concern (see sheets A-1 and A-3). In the new location, the building will be screened from adjacent off-site areas by a new landscaped berm, shown on sheets A-3 and C-3. The berm is 8 to 9 feet high (above the finish floor elevation of the building) and will be planted with trees and shrubs as shown on the landscape plans, sheet L-2. 3. Red lined Landscape plans and comments have been previously returned to the applicant. All corrections have been made. A separate response letter is submitted for landscape review. 571-B Hygeia Avenue, Leucadia, CA 92024 • tel & fax 760-943-0760 • rwapel2@cox.net • CA License 2825 Page 2 Fire Prevention: 1. Fire Prevention comments are provided on the attached redlined plans. Redlines have been returned with the submittal. A fire department hammerhead has been added to the plans where indicated, shown on sheet A-1. 2. Please show locations of all existing and proposed fire hydrants. There are two proposed new fire hydrants located in the project area. One is shown on sheet A-2, located near the maintenance access gate near the Dining Patio Shade Structure. The second hydrant, shown on sheet A-3, is located adjacent to the mechanical building. These locations were determined in consultation with Carlsbad Fire Prevention (Greg Ryan). 3. Please indicate if any raised platforms are proposed. Any raised platform with an occupancy load of 50 persons or more will need a second exit. There are five raised platforms serving water slides and attractions of various heights. All platforms have an occupant load of less than 50 persons. Functionally, the number of guests allowed on any platform will be monitored and controlled by lifeguard staff stationed at all times at the slides. This will avoid overcrowding and promote a safe operation. The raised platforms are shown as follows: • Slide Tower #1 (detail 3, sheet A-4). Although occupant load is less than 50, two stairways are proposed since this platform serves two different slide attractions where Lego/and desires separate entrances to distinguish each attraction. • S//'de Tower #2 (detail 2, sheet A-4). • Tot's Slide Platform (detail 1 & 2, sheet A-5). Two entry/exits are shown: one ramp and one stairway. • Boomerango/Master Blaster Attraction (detail 2, sheet A-6). • Mat Racer Attraction (detail 1, sheet A-6). Engineering: 1. The site plans, civil plans and landscape plans do not match the plans submitted for building plancheck. There are less rides and a new maintenance building. Some retaining walls have been added. Coordinate all the exhibits. The SDP/CDP drawings have been revised to be consistent and coordinated with the construction drawings that have been submitted for building plan check. The building plan check shows fewer attractions and buildings because the project is being phased over time. The SDP/CDP shows the project at buildout. The future attractions are R. W. Ape'l Landscape Architects, Inc. 571-B Hygeia Avenue, Leucadia, CA 92024 • tel & fax 760-943-0760 • rwapel2@cox.net • CA License 2825 PageS labeled on sheets A-3 and A-3 of the SDP/CDP as "Future Phase." To summarize, the future phase attractions and buildings are: • Mini Boomerango/Master Blaster Attraction (sheet A-6). • Mat Racer Attraction (sheet A-6) • Retail Shop (sheet A-8) • Food Service Building (sheetA-12). The mechanical building was shown on the original SDP submittal, but in a different location. It is now located at the northerly end of the project (see sheet A-3 and A-13). This location is consistent with the latest building plan check resubmittal. 2. Per Leighton and Associates' "Planning-Level Geotechnical Review" letter dated August 24, 2009, submit a preliminary Geotechnical study with site-specific geotechnical recommendations for the proposed development. The requested geotechnical study has been submitted with the construction drawing building plan check submittal. Refer to Geotechnical Investigation, Proposed Waterworks Cluster. Leaoland Theme Park. Carlsbad, CA. Leighton and Associates, Sept. 30, 2009. If additional copies of the same report are required to be submitted with the SDP/CDP, please advise. 3. Use the topography shown in DWG 390-4B as the 'existing' contours. List the earthwork quantities from the 'existing' contours to the proposed new contours for the Waterworks project. The topography shown in DWG 390-4B (as revised by recent submittal), is now shown as the "existing" contours on sheet C-2. Earthwork quantities are listed on sheets PW- 001 and C-2. 4. Submit a preliminary drainage study. Include the design of the proposed temporary erosion control basin. 7776 requested drainage study has been submitted by Hofman Planning & Engineering in association with the revisions to DWG 390-46. 5. Show in the site plan the sewer (edu), potable water (gpm), and reclaimed water (gpm) generated or required by the proposed development. Also show the total ADT generated by the project. These figures are listed on sheet PW-001. 6. Clearly indicate the limits of all existing and proposed utilities. This information is now shown more clearly on sheets C-2, C-3 and C-4. The utilities shown are now consistent with what is shown on the building plan check submittal. 7. The project's conceptual grading and utility plan C-2 shows conflicts between the proposed footings and existing underground utilities. Revise the plans to R. W. Apel Landscape Architects, Inc. 571-B Hygeia Avenue, Leucadia, CA 92024 • tel & fax 760-943-0760 • rwapel2@cox.net • CA License 2825 Page 4 address the conflicts. The project engineering consultants have carefully considered possible impacts between underground utilities and proposed footings. The existing sewer line that is shown in close proximity to a post column foundation of the proposed Changing/Locker Shade Structure (sheet C-2) has been specifically reviewed by the structural engineer and civil engineer during the preparation of the construction drawing plan check submittal and they have determined there will be no conflict The sewer line is in excess of twelve (12) feet deep in this location and building foundations will not approach this depth. The existing potable and recycled water lines that are shown under the proposed Ticket Building and Retail Storage Building (sheet C-2) are believed to be deeper than proposed building foundations, however, these lines will be re-routed as needed if foundation conflicts occur (they are not gravity lines, thus relocation is possible). 8. Plumbing sheet PO2 of the building plan set shows the existing underground utilities in a different location than the utilities shown in the Conceptual Grading & Utilities Plan C-2. Please Clarify. The SDP and building plan check submittal drawings are now coordinated. The first plan check submittal of sheet PO2 incorrectly showed the location of the existing utilities. That has been corrected in the 2nd resubmittal of the construction drawings. 9. The Storm Water Management Plan (SWMP) is acceptable for discretionary action purposes. It will be finalized at the final design stage. Note that since this is a priority project, a numeric sizing component needs to be added to the report. The storm water measures will be finalized with the final design drawings. The required storm water documents will be submitted with the final design drawings. Please do not hesitate to contact us if you have any questions or comments. Best Regards, Richard W. Apel, ASLA Principal R. W. Apel Landscape Architects, Inc. 571-B Hygeia Avenue, Leucadia, CA 92024 • tel & fax 760-943-0760 • rwapel2@cox.net • CA License 2825 FILE COP'City of Carlsbad O e p a rt,m eri t November 2, 2009 Hofman Planning and Engineering Leslie Weinheimer 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: 1st REVIEW FOR SDP 96-14(F)/CDP 96-16(F) - LEGOLAND WATERWORKS CLUSTER Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Site Development Plan and Coastal Development Permit, application no. SDP 96- 14(F) and CDP 96-16(F), as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. At this time, the City asks that you provide 5 complete sets of the development plans so that the project can continue to be reviewed. If you would like to schedule a meeting to discuss this letter or your application, please contact your staff planner Van Lynch at the phone number listed below. You may also contact each commenting department individually as follows: • Planning Department comments: Van Lynch, Senior Planner, at (760) 602-4613. • Engineering Department comments: Frank Jimeno, Associate Engineer - Engineering Development Services, at (760) 602-2758. • Fire Department comments: James Weigand, Fire Inspections, at (760) 602-4661. Sincerely, GARY T. BARBERIO Assistant Planning Director GTB:VL:sm c: Merlin Entertainment Group, 1 Legoland Dr., Carlsbad, CA 92008 Chris DeCerbo, Team Leader Frank Jimeno, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SDP 96-14(E)/CDP 96-16(Ej- LEGOLAND WATERWORKS CLUSTCR November 2, 2009 Page 2 ISSUES OF CONCERN Planning: 1. Please revise the mailing labels submitted to reflect the 100 foot mailing list required for surrounding property owners and residents. 2. Please provide a cross section from the public drive entry (Legoland Drive) to the mechanical building (Sheet A-13) to show how it is screened from the entry drive. 3. Red lined Landscape plans and comments have been previously returned to the applicant. Fire Prevention: 1. Fire Prevention comments are provided on the attached redlined plans. 2. Please show locations of all existing and proposed fire hydrants. 3. Please indicate if any raided platforms are proposed. Any raised platform with an occupancy load of 50 persons or more will need a second exit. Engineering: 1. The site plans, civil plans and landscape plans do not match the plans submitted for building plancheck. There are less rides and a new maintenance building. Some retaining walls have been added. Coordinate all the exhibits. 2. Per Leighton and Associates' "Planning-Level Geotechnical Review" letter dated August 24, 2009, submit a preliminary Geotechnical study with site-specific geotechnical recommendations for the proposed development. 3. Use the topography shown in DWG 390-4B as the 'existing' contours. List the earthwork quantities from the 'existing' contours to the proposed new contours for the Waterworks project. 4. Submit a preliminary drainage study. Include the design of the proposed temporary erosion control basin. 5. Show in the site plan the sewer (edu), potable water (gpm), and reclaimed water (gpm) generated or required by the proposed development. Also show the total ADT generated by the project. 6. Clearly indicate the limits of all existing and proposed utilities. 7 The project's conceptual grading and utility plan C-2 shows conflicts between the proposed footings and existing underground utilities. Revise the plans to address the conflicts. 8. Plumbing sheet PO2 of the building plan set shows the existing underground utilities in a different location than the utilities shown in the Conceptual Grading & Utilities Plan C-2. Please Clarify. SDP 96-14(E)/CDP 96-16pf- LEGOLAND WATERWORKS November 2, 2009 Page 3 9. The Storm Water Management Plan (SWMP) is acceptable for discretionary action purposes. It will be finalized at the final design stage. Note that since this is a priority project, a numeric sizing component needs to be added to the report. The storm water measures will be finalized with the final design drawings If you or the applicant has any questions, please contact me at 602-2758. ' ? n 7 201 CITY OF CARLS! IRRIGATION WATER LEGEND AREA OF RECYCLED WATER USE AREA OF POTABLE WATER USE •LANILEGOI CALIFORfN/IA 1 LEQOLAND DRIVE CARLSBAD, CA 82008 (760)916-5300 Prepared by: r-wApel landscape wchttects tnc 571-B Hygefa AvenueLeucadla, CA 92024(760) 943-0760rwapel29cox.netCA license #2825 NOTICE Information of LEOOLAND CaUfbmia end/or other related entitle*. Any party receMng We documentdoes BO In confidence and agree* that the Information contained herein ehafl not be duplicated In whole or in part, nor dledoaed to othera without the expreM prior written content of LEQOLANDCalifornia. CITY 6UBMITTAL-S Description SITE DEVELOPMENT PLAN AMENDMENT /COASTAL DEVELOPMENT PERMITSOP » 96-14(0) CDP«M-1«(D) 'WATERWORKS' CLUSTER (EXPANSION AREA 2) Potable & Recycled Irrigation Water Uae Plan 09 t/i 3 3 g 5 s D- y SAN OEGO COUNTY ASSESSOR'S MAP 1 211 — 10 IN 1" = 400' A 9/27/06 JGRO Dram: 03/11/37 By: KJO _ frem; 211-02? 1C RANGES flW too PRIOR fftt 01 & 05 OS, 124-010-1$ r< M NEW tPH 0! THRU 12 13 U $HK & STOP stirs'w fit 98 39 W 93 07 cur no. 2 1641 1214 47<4 Si 1* PRIVATE ST 2* ROCKEFELLER CT <a fc o >- i5C s i O- DETAIL A" - SCALE 1=50' DETAIL "B" - SCALE 1"=50' MAP 13408-CARLSBAD TCT 94-09 CARLSBAD RANCH UNITS 2 ROS 16331 09 g i \ PT.'A" •ff& E N72'30"W 17.17 F N17*59'30"E 22.91 G S72*30"E 190.98 H N17*59'30"E 46.83 S72*30"E 64.32 J N63*50'20"E 29.52 K N17'59'30"E 52.68 L N60'27'08"E 36.93 DETAIL A - 1 =100 AIRPORT A R=89.50 26.09 B N7r8'2"W 17.22 C R=89.50 26.09 D N87'50'W 34.30 SAN DIEGO COUNTY ASSESSOR'S MAP I 211-02 A SHT 1 OF 2 | 1" = 400' A 11/21/2002 SM anjm: 02/24/9* BffP Fran: 211-021 CHANGES BLK 021 022 022 022 021 022 021 022 022 022 022 021 PRIOR XflV 04 01,02.07 Tim 03 615 03* 17 io,iiti6 l/SfftWCBL 12 18 1 IS 22 23* 24 27 21 29 t 31 23,24 t-022-04 N£WAPN -023-07 17 WKJ 21 22 PORK 10 JONEXT 23 t 24 25*26 . swr*STOP 27,28*29 30* 31 SMKtSTOP 32 301W32 »? 94 97 98 93 93 S3 S3 00 00 00 03 CUT HO, 10021 49 1151 2 1434 4658 m 1038 4693 2094 ISS5 1* TIMESHARE GRAND PACIFIC PALISADES RESORT DOC99-0065269 (SEE PAGES 11 & 12 FOR INFORMATION ONLY PARCELS) DETAIL "D" - 1"=40' MAP 13719 -O&RLSBAD RANCH HOTEL AND TIMESHARE RESORT CT 96-01 MAP 13357-CARtegBAD TCT NO 94-09 CARLSBAD RANCH UNIT 1 MAP 13215-CARLSBAD TCT NO 92-7 UNIT 3 MAP 13078-CARLSBAD TCT NO 92-7 UNITS 1 & 2 ROS 12462,13466,13995 09 g o 1 s 30.16 33.17 -} Ri %• >' DETAIL "A" - r=20Q' AG PR (C) = AGRICULTURAL PRESERVE (CONTRACT) M823 POP H S AG PR SAN DIEGO COUNTY ASSESSOR'S MAP 211 — 02 SHT 2 OF 2 1" = 400' 9/15/06 JGRO Dram 02/16/94 BfAP From: 211-021 VOID' CHANGES BLK 023 PKIOK APN -021-04 02 01 4 03 03 THRU 064 POR-022-13 09 01, OS & 09 14 & 15 lOt 12 NEW APN 01 THRU OS 07 -022-15 STOP ASWE ST OP S SAME OS THRU 10 STOP &sm 11 thru 15 POKPC 10 IS * 17 YR 94 S4 S6 X 96 96 97 me 06 cur NO. so 10021 10028 4617 1460 4764 49 2 1460 K 1 | in MAP 13357-CARLSBAD TCT NO 94-09 CARLSBAD RANCH UNIT 1 MAP 13078-CARLSBAD TCT NO 92-7 UNITS 1 & 2 MAP 823 - RANCHO AGUA HEDIONDA ROS 13995, 16331 J uy it-z/ry • PALOMAR AIRPORT R(j R' 117.50 r R=2I75 ^ R= 117.50 = 27.50 K-S87*5a'30*E 38.ZO L-S43*I3'16*E 21.67 M-NOl'59'SE'E 34.76 211-04 2/23/98 SM CUT CHANGES BLK OLD If* 4U Sttl 142-4TET51 19 13 30 14 35 37 NEW 4-7 iz-14 fi-ff 75 faer PG 9 36*37 POR1 -050-19. " £7 {asWJsl 89 99 97 96 98 2837 ZI/4 sre 55 to 3Z?2 36.08 4/82 I&S 735 I47& 19& 4TZ7 1642 96 1795 1876 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LKBLJTY IS ASSIMD FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBOWISDN OR BUILDING ORDINANCES. SAM DIEGO COUNTY ASSESSOR'S MAP BK 2II PG Ot MAP 823 - RHO AGUA HEDIONDA - POR LOT H SEC 20 - TI2S-R4W - POR LOT 3 ROS 9354 , B466 09 £ in Z3 o s: S MATCHLINE A 75.59HJIS'lSt MAP 15332-CARLSBAD TCT NO 03-02 CARLSBAD RANCH HOTEL & TIMESHARE CONDOMINIUMS N8S'4!'i7'W SAN DEGO COUNTY ASSESSOR'S MAP 211-13 SHT 1 OF 2 1" = 200' 3/16/2007 JGO Dram: S/S/D6 CHANGES sue 130 PRIOR APH PICKUP (iNFOOHLr) Ot &POR -Ifl-OI NCtfAPN 01 THRU 07 OS as UK 07 07 07 CUT NO. 85 2425 1077 1* CONDO (PEND) GRAND PACIFIC MARBRISA RESORT DOC06-346326 ® SHT 2 J 09 STOP DETAIL'S* NO SCALE 212-04 SHT 1 OF 2 1* OPEN SPACE 2* PAR 2 0.75 AC PER PM 19207 3* PAR 3 0.75 AC PER PM 19207 4* NO ACCESS 5* TRAIL ESMT 6* NO ACCESS HANGES PO IB 50 57 41 46451 41 61 48*55 60 56 56 35,54 63466 63&65 66 66 50 25 Efrf*7 98 PC 19 98 604:61 PG 22 62-65 PG 23 66 SAMEST OP 67-70 I'M PORPG25 71&72 95 4618 00 00 00 01 01 02 02 03 04 05 05 06 08 1101 11D2 4653 22 0007 76 1513 1630 111 1957 1 4607 4754 2115 4751 1115 4702 5576 279 1129 SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 212 PAGE 04 SHT 1 OF 2 ,P WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY ISED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCaS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. MAP 823 - RHO AGUA HEOIONDA - POR LOT G - MM5I4 ROS 5715,8846,13466,15061,17412 APPROX LOC STEWART RD SAN DIEGO COUNTY ASSESSOR'S MAP 212 — 04 SHT 2 OF 2 1" = 400' 2/27/2008 CS Dram: 02/06/92 BfMG From; 212-040 CHANGES BLK Ml PRIOR WN SUBLD.'S 01 02 05 03.04,06ids 03 t 04 06 mu it 65 05 NEW APN OS 06 THKU 09 KD m &B/t CHG SMK iSTW STOPt10 til I! THRU 37 SMEisim FOR 211-10 YK 72 78 89 S3 89 92 92 199S CUT NO. 7144 974 4735 4791 2339 111 4S94 2 AG PR - AGRICULTURAL PRESERVE 1* SDG&E TRANSMISSION 2* NO ACCESS MAP 12903-CARLSBAD TCT NO 85-17 ROS 5715,10019,13415,13466,16781 J