HomeMy WebLinkAboutEIR 15-01; HCP LS Carlsbad LLC; 2017-0220931; Notice of Restriction-ReleaseRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2017-0220931
1111111111111111111111111111111111111111111111111111111111111111111111
May 17, 2017 11:22 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES: $18.00
PAGES 2
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 213-262-06-00, 213-262-07-00,
213-262-08-00 and 213-262-09-00
PROJECT NO. & NAME: EIR 15-01(DEV12023)-UPTOWN BRESSI
RELEASE OF NOTICE OF RESTRICTION ON REAL PROPERTY OF HCP LS
CARLSBAD, LLC AND ITS SUCCESSORS IN INTEREST
NOTICE IS HEREBY GIVEN that on March 17, 2004 a Notice of Restriction on Real Property was
conditioned for the approval of a Tentative Subdivision Map Permit No. CT 02-15, to give notice of certain
lots located within the Flight Activity Zone as described in the Comprehensive Land Use Plan (CLUP) for
the McClellan-Palomar Airport and to limit assembly areas and to prohibit certain uses. A comprehensive
update to the CLUP, renamed the McClellan-Palomar Airport Land Use Compatibility Plan (ALCUP), has
since been approved by the San Diego Airport Land Use Commission. This document, adopted on January
25, 2010, and later amended on December 1, 2011, creates new Safety Compatibility Criteria for various
land uses types that are located within Safety Zones 1 -6. The project site is located entirely within Safety
Zone 6. The ALUCP identifies residential at any density and commercial uses within Safety Zone 6 as
"compatible" with airport uses. On January 24, 2017, the City Council made findings that the residential
and commercial uses are consistent with the ALUCP as proposed and approved by City Council Resolution
2017-018 for Environmental Impact Report EIR 15-01, General Plan Amendment 14-04, Local Facilities
Management Plan Amendment 87 -17(A}, Vesting Tentative Tract Map 14-09, Planned Development Permit
14-10, Site Development Plans 14-13 and 16-06, and Conditional Use Permits 14-09 and 16-01 subject to
Planning Commission Resolution 7176, Condition No. 33 requiring that the developer request and receive
from the City, a Release of Notice of Restriction on Real Property recorded June 2, 2005 in the San Diego
County Recorder's Office under Document No. 2005-0461222.
Therefore, the Notice of Restriction, recorded as Document No. 2005-0461222 on June 2, 2005,
is hereby released on real property described as follows:
Lots 29 through 32 of Carlsbad Tract 02-15 Bressi Ranch, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No. 14960, filed
in the Office of the County Recorder of San Diego County, February 4, 2005 as
File No. 2005-0096673 of Official Records.
Release of Notice of Restriction CA 07/29/2013
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By JJa):= 9+ ·-
Assistant City Attorney
Date:
Release of Notice of Restriction
::~!!JR2:JL~ ~EN VAN PESKI
Community & Economic
Development Director
Date:
CA 07/29/2013