Loading...
HomeMy WebLinkAboutCDP 13-29; Tabata 10 Stockpile; Coastal Development Permit (CDP) (2)CiTY Of CARLSBAD LAND USE REVIEW APPUCATION P-1 Deveiopment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permit (FOR DEPT. USE ONLY) Legislative Permits I 1 General Plan Amendment (FOR DEPT. USE ONLY) • Administrative Permit • Coastal Development Pemiit (") H Minoj • Conditional Use Permit (*) r~i Minor ED Extension r~l Environmental Impact Assessment mi Habitat Management Permit Q Minor • Hillside Development Permit (*) • Planned Development Permit 1 1 Residentiai D Non-Residential [U Planned Industrial Permit • Planning Commission Determination [U Site Development Plan n Special Use Permit r~| Tentative Tract Map/Parcel Map ri Variance Q Administrative NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. [cal Coastal Program Amendment (*) I I Master Plan Amendment n Specific Plan fl Amendment n Zone Change {*) I I Zone Code Amendment Soutfi Carlsbad Coastal Review Area Permits r~| Review Permit 1 1 Administrative Q Minor Q Major VUlaae Review Area Permits I 1 Review Pennit 1 I Administrative [H Minor Major = eligible for 25% discount ASSESSOR PARCEU NO(S).: 212-050-32 & 212-050-33 PROJECT NAME: Tabata 10-Stockpile BRIEF DESCRiPTioN OF PROJECT: Create Stockpile for future development of CT 06-13 BRIEF LEGAL DESCRIPTION: Vacant Land Parcel 1&2 of PM 2481 LOCATION OF PROJECT: West El Camino Real at El Camino Hills Drive ON THE: BETWEEN (NORTH, SOUTH, EAST, WEST) SIDE OF AND STREET ADDRESS El Camino Real (NAME OF STREET) (NAME OF STREET) (NAME OF STREET) Page 1 of 6 Revised 11/12 OWNER NAME (Print): Tabata Family Trust 1 -14-83 Carlsbad, CA 92018 MAILING ADDRESS; PO BoX 943 (i,"7 9 CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: (760)801-6020 realestaters@cox.net APPLICANT NAME (Print): MAlLiNG ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIC^ NATURE • I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION iS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. DATE DATE ^ APPLICANT'S REPRESENTATIVE (Print) MAILING ADDRESS: JX-HH"^ 2.^1 f\v^ CITY, STATE, ZIP; TELEPHONE: EMAIL ADDRESS; I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT IO?HE BEST OF MY KNOWLEDGE. DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. lA/VE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. 1^ OPERTY OWNER SIGNATURE FOR CITY USE ONLY ITY OF CARLSBAD fPLANNING n!V!S!ON DATE STAMP APPLICATION RECEIVED RECEIVED BY: Page 2 of 6 Revised 11/12 ^•-•Z/ CITY or CARLSBAD MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESJDENCE APPUCATION P-6 velopment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. . All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared atthe same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the detennination of this project's cost of development (Contractor proposals may also be submitted for consideration by ttie City Planner). Please refer to tfie current fee sctiedule for the appropriate $/square foot fee rate. New Residential Square Footage: square feet x $_ _/sq. ft. = $. => Residential Addition Square Footage: square feet x $ Any Garage Square Footage: square feet x $ Residential Conversion Squ^pel^ootage: squateH^t x $ /sq. ft. = $_ Please cont^eirihe City of Carlsbad Building Division for current fee rate for Uon- ResldeRtrSfuses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) square feet x $ /sq. ft. = $ COST OF DEVELOPMENT ESTIMATE: $ C^Aj^^fZ. ^^at? B. Do you wish to apply for: 1. A Minor Coastal Development Pemnit (Under $60,000 cost estimate) 2. A Coastal Development Permit ($60,000 or more cost estimate) Q C. Street address of proposed development P-6 Page 1 of 6 Revised 08/13 D. Assessor's Parcel Number of proposed development E. Development Description: Briefly describe project: GR£B7g ^focY-'^Xe fk^XL^ P^^Vflt^Ph^^ F. Describe the present land uses (I.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Sf^R South: SFi^ East: West: G. Is project located within a 100-year flood plain? PRESENT USE OF PROPERTY A. Are there existing structures on the property? If yes, please describe. • Yes 0^No • Yes 13 No B. Will any existing structure be removed/demolished? • Yes 0 No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). 111. LOT COVERAGE A . Existing and Proposed Existing Proposed Building Coverage Landscaped Area Hardscape Area Unimproved Area (Left Nat B. Parking: Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces requij Number of covered spaces Number of unco^ Number oj p-6 Page 2 of 6 Revised 08/13 Number of compact spaces Is tandem parking existit:ig>'^^ • Yes # • No Is tandQpa-paftctfigproposed? • Yes # • No C. Grade Alteration: Is any grading proposed? 0 Yes • No If yes, please complete the following: , 1. Amount of cut ^ cu. yds. 2. Amount of fill [SOO^ cu. yds. 3. Maximum height of fill slope feet 4. Maximum height of cut slope ^ feet 5. Amount of import or export C^C) cu. yds. 6. Location of borrow or disposal site Qvl P-6 Page 3 of 6 Revised 08/13 DISCLOSURE Development Services STATEMENT PlanrHng Division CiTY OF CARLSBAD P- 1(A) 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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 compieted. Please print. Note: Person is defined as "Any Individual, firm, co-partnership, joint venture, assoDiatipn, social dub, fratemai organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other pofitical subdivision or any other group or combination acting as a unit." Agents may sign this docunrtent; however, the legal name and entity of the applicant and property owner must 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, titles, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) MOIVJJUTJV AVftlAOlti**'^"* MvocAye ITU'S? Person C orp/Ptirt Title Title CO'-ot-oyt/ri Address Address?0 '&fjv CH^ CA%LSbhX> °{Zo\^ 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, titles, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Title Title Address Address See/I P-1(A) Page 1 of 2 Revised 07/10 Memo City of Carlsbad Additional Information - Fonn P-1 (A) 2. OWNER INFORMATION individuals owning more than 10% Interest in the property: Noburu Tabata PO Box 679 Carfsbad Ca 92108 Evelyn Tabate PO Box 679 Carlsbad Ca 92108 Monaliza Ayala Quintero a^3l North Wll c-i • -————— ^i^i4 2442 2''^ Avenue | San Diego, California 92101 (519) 3^G,601S 3*^ NON-PROFIT ORGANIZATION OR TRUST If any person Identified pursuant to (1) or (2) above is a nonprofit organization or a trust, iist the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary ofthe. HOWAI-V2A A^^M*^ C^Kj\ri\f0^i Non Profit/Trust lj::^g>Q7J\ ^m'-US iRggT Non Profit/Trust ^gyocAf^Lg TROST Titie Titie Addressee Box Cl 9 Address Have you had more than $500 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 [2 No If yes, please indicate person(s); NOTE; Attach additional sheets if necessary. certjfy that all the above information is true and correct to the best of my knowledge. %ignatur^ of owner/date If^EAtfl V/tmi^Y /k^5^ Print or type name of owner Signaturp of applicant/date Print or type name of applicant feature of-ewftoi»/applicant's agent if applicable/date Print or type namaof-©wi:»r/applicant's agent P-1 [A) Page 2 of 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant lo (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person sen/ing as an officer or director of the non- profit organization^or as tnjstee or beneficiary of (he. HowftLizfi A^^flU C?oivi}'iV6. Non Profitrrrust ib.tot& finvUS IfogT i^on Profitrrmst '^evocftfits "m^S" Title Addressee? UoX TiSe. Address (^^i M 07^ 7)^11 Cf- Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Councii within the past twelve (12) months? \~l Yes 2 No if yes, please Indicate person(s): NOTE; Attach additional sheets if necessar/. Signature of owner/date Print or type name of owner 6 Sigrwure of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-M/\> Paqe 2 of 2 Revised OT/'O PROJECT Development Services DESCRIPTION Planning Division C i T V OF P-1(B) 1635 Faraday Avenue CARLSBAD P-1(B) (760) 602-4610 www.carlsbadca.gov PROJECT NAME . Tabata 10-Stockpile APPLICANT NAME: Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Create stockpile for future development. Amount of import approx 18,000 cu. yds. P-1{B) Page 1 of 1 Revised 07/10 HAZARDOUS WASTE peyehoment Services d AND SUBSTANCES Planning Division \/ CITY Of QTATPIUIPMT 1635 Faraday Avenue CARI 'sRAD 7* ./^X (760)602-4610 V_.Mr\LODML^ P-1(C) wwwcarisbadcagov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): IBl 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 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 Nam.-QUl«. r^mJy Tfv^^ Name: ^^'^^^^ ^^^"V ^^"^^ ^-^^-^^ Address: PO ti^y ^ d7 ? Address: 60X3^^77 ^t<kJ. ^^o<y Carlsbad.CA 92018 PhoneNumber: "k^f-6dJJ> Phone Number: C^^^) 80V6020 Address of Site: Vacant Land Parcel 1&2 of PM 2481 Local Agency (City and countvi:City of Carlsbad, San Diego County Assessor's book, page, and parcel number: ^"Q^Q"^^ & 212-Q50-33 Specify list(s): Regulatory Identification Number:. Date of List: Applic nt Si 3 nature/Date ' Prbperty O^fner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: Q -.7^0 ^^"^ (To be completed by City) Application Number(s): <C^^ General Information 1. Name of project: (^kQ.4"e. fQ- ^\^ccL<^i\ 2. Name of developer or project sponsor: TMX^P^ f^iL-y Tiv^t Address: %cjry ^1^ 1 City, State, Zip Code: Phone Number: " Z-^t' 735^ 3. Name of person to be contacted concerning this project: Address: City, State, Zip Code: C<AJ-^ D)G(U0 CA ^VO^ Phone Number: Col ^ ^7X>^ 4. Address of Project: j^^^-^^t^ \-rLr,j ^^^Cc] jjX t>^ 'PPO^^f/ Assessor's Parcel Number: ^ iO- " Oi'O'R ^ * 33 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: 6. Existing General Plan Land Use Designation: 7. Existing zoning district: 8. Existing land use(s): ^C^ilj^.Vx'A (vACftO^) 9. Proposed use of site (Project for which this form Is filed): ^^<'5'i<-^V'^'^l Project Description 10. Site size: to ac^^ 11. Proposed Building square footage: -Jp-12: Number of floors of construction: 13. Amount of off-street parking provided: 14. Associated projects: O^ " 13 P-1(D) Page 2 of 4 Revised 07/10 15. !f residential, include the number of units and schedule of unit sizes: 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 17. If industrial, indicate type, estimated employment per shift, and loading facilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: P-1(D) Page 3 of 4 Revised 07/10 Are the following Hems applicabie to tiie projeci or its effects? Discuss all items ctiecked yes (attach additional sheets as necessary). Yes No 20. Change In existing features of any bays, tidelands, beaches, or hills, or substantial • \M 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. • 23. Significant amounts of solid waste or litter. • 24. Change in dust, ash, smoke, fumes or odors in vicinity. • 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or O 0^ alteration of existing drainage patterns, 26. Substantial change in existing noise or vibration levels in the vicinity. • 0^ 27. Site on filled land or on slope of 10 percent or more. 28, Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. • 0^ 29. Substantial change in demand for municipal services (police, fire, water, sewage, • etc). 30, Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc). • 31. Relationship to a larger project or series of projects. \^ • Environmental Setting Attach sheets that indude 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 tnje and correct to the best of my knowledge^nd belief. Date: v ^ 7^ , Signature: For: p-1 (D) Page 4 of 4 Revised 07/10 INC, ItliAI. ESTATH PESIGN & DllVaOPHim September 6, 2013 MEMO SUPPLEMENT TO EIA (Form P-ld) Item 32 The subiect site is vacant land with gently sloping topography towards the east. There are no existing structures on the site Item 33 The propertv is surround as follows: • South, North and west: Single familv homes • East: El Camino Real, a maior north south roadwav 2442 2"'^ Avenue | San Diego, California 92101 (619)326,6016 «3>> ^ CITY CARLSBAD O F STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, tt^e CKy requires ttiat new development and significant redevelopment priority projects incorporate Permanent Stomi Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to ttie Engineering Standards (Volume 4, Chapter 2) at www, carlsbadca .qov/standards. Initially ttils questionnaire must be completed by the applicant in advance of submitting for a development applk^ation (subdivisnn, discretk>nary permite and/or constructron permits). Ttie results of the questionnaire determine the level of stonfn water standards that must be applied to a proposed development or redevek)pment project. Depending on the outcome, your project witl either be subject to 'Standard Stomiwater Requirements' or be subject to additk>nal criteria called 'Priority Devetopment Project Requirements'. Many aspects of project site design are dependent upon the stonn water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditk>ns ar>d impacts. City staff has responsibility for making the final assessment after submisston of the development application. If staff determines that the questtonnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this wiH result m the retum of the development application as incomplete. In this case, please make the changes to the questionnaire and resut>mit to the City. If you are unsure about the meaning of a questk>n or need help in detennining how to respond to one or more of the questnns, please seek assistance from Land Devetopment Engineering staff. A separate completed and signed questtonnaire must be submitted for each new devetopment appltoatton submisston. Only one completed and signed questionnaire is required when multiple development applications for the same prpject are submitted concurrently. In additton to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with constructton pemiits for the project. Please start by completing Step 1 and Mhw the instructions. When completed, sign the form at the end and submit this with your applKabon to the city. To determine if your project is a pnority devetopment prpject, ptoase answer the foltowing questtons: YES NO 1. Is your project LIMITED TO constnjcting new or retrofitting paved sidewalks, btoyde lanes or trails ttiat meet the foltowing criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-enxlible permeable areas; OR (2) designed and constructed to be hydraulically dlsconnectod from paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streete guidance? 2. Is your project LIMITED TO retrofitting or redevetopirtg existing paved alleys, streets, or roads that are designed and constnjcted in accondance with the USEPA Green Streets gukJance? If you answered "yes" to one or more of the above questtons, then your project is NOT a prtority devetopment project and therefore is NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my project does not meet PDP requirements" and complete applicant information. If you ansvi^red "no" to both questions, then go to Step 2. E-34 Page 1 of 3 Effective 6/27/13 CARLSBAD CITY OF STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To detennine if your project is a priority devetopment project, please answer the following questions: YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on publk or pnvate land. 2. Is your project creating or replacing 5,000 square feet or more of impen/ious surface collectively over the entire preject site on an existing site of 10,000 square feet or more of impervious sur^ce? This includes commercial, industnal, residential, mixed-use, and public development proiects on public or private land. 3. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facHity that sehs prepared foods and drinks for consun^)tion, including stationary lund) counters and refreshment stands seeing prepared foods and drinks for immediate consumption. y A. Is your prpject a new or redevetopment project that creates 5,000 square feet or more of impervtous surface collectively over the entire prpject site and supports a hillstoe development prpject? A hiffskle devetopment project hcludes deve/opmenf on any natural s/ope that is twenty-five percent or greater. 5. Is your project a new or redevetopment preject that creates 5,000 square feet or more of impervtous surface collectively over the entire prpject site and supports a parking lot. A paridng tot is a land area or faculty for the temporary paridng or storaae of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevetopment preject that creates 5,000 square feet or more of impervtous surface coltoctively over the entire project site and supports a street, read, highway freeway or driveway? A street, read, highway, freeway or driveway is any paved impervtous surface used for the transportation of automobiles, trucks, motorcycles, and other vehtoles. y 7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of impervious surface cottectrvely over the entire site, and discharges directty to an Environmentally Sensitive Area (ESA)? "Oischarging Directly to" inctodes ftow that is conveyed overiand a distance of 200 feet or less from the prefect to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the proiect to the ESA (i.e. not comminQles with fiows from adiacent lands)7 8. Is your project a new devetopment that supports an automotive repair shc^? An automotive repair shop is a faculty that is calegonzed In any one of the tollowmg Starxlard Industrial Classificatton (SIC) codes: 5013, 5014, 5541, 7532-7534. or 7536-7539. 9. Is your preject a new devetopment that supports a retail gasoline outet (RGO)? This category includes RGO's that meet the foltowing criteria: (a) 5,000 square feet or more or (b) a pmject Average Daily Traffic (ADT) of 100 or more vehicles per day. y 10. Is your project a new or redevelopment project that resulte in the disturbance of one or more acres of land and are expected to generate pollutants post constructton? 11.1s your project tocated within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? y If you answered yes' to one or more of the above questtons, you ARE a priority development project and are therefore subject to implementing structural Best Management Practtoes (BMP's) In addition to implementjng Standard Storm Water Requirements such as source control and tow impact devetopment BMP's. A Stonn Water Management Plan (SWMP) must be submitted with your applicatton(s) for devetopment. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the snd of this questtonnaire, check the "my project meets PDP requirements" box arKi complete applicant information. If you answered "no" to all of the above questions, you ARE NOT a prtority devetopment preject and are therefore subject to implementing only Standard Storm Water Requirements such as source control and tow impact devetopment BMP's required for all development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to step 4 at the end of this questtonnaire, check the "my project does not meet PDP requiremente" box and complete applicant Infonmation. E-34 Page 2 of 3 Effective 6/27/13 CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Compjete the questions _belqw regardirig your redevelopment project: YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of ttie surface area of the previously existing devetopment? If you answered "yes," the structural BMP's required for Priority Devetopment Projects apply only to the creatton or replacement of impervtous surface and not the entire development. Go to step 4, check the "my project meete PDP requirements" box snd complete applicant Information. If you answered "no," the structural BMP's required for Priority Devetopment Projecte apply to the entire devetopment. Go to step 4, check the "my project meete PDP requirenwnte" box and complete applicant Informattori. • My project meete PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with addittona! stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of appttoatton. I understand flow control (hydronKxliftoatton) requirements may apply to my prefect. Refer to SUSMP for detaite. My project does not meet PDP requiremente and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I witl irtcorporate low impact devetopment strategies throughout my project. Appltoant Informatton and Signature Box AppttoantName:^^-^^,.^ ^essor^Parcel Number(s): 2i\'Z--OSO ' -^^j 33 Applteant Signature:^/-—) nt Title: Date: ?/3//3 This Box tor City Use Only City Concurrence: YES NO By: Date: Project ID: * Environmentally Sensitive Areas include but are not limited to aH Clean Water Act Sectton 303(d) impaired water bodies; areas designated as Areas of Special Btotogtoal Significance by the State Water Resources Control Boanj (Water Quality Control Plan for the San Diego Basin (1994) and amendmente); water bodies designated with the RARE beneficial use by the Stete Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendmente); areas designated as preserves or their quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentelly sensitive areas which have been identified bythe Copermittees. E-34 Page 3 of 3 Effective 6/27/13 Ord^^mber: NCS-466555-SO Psge Number: 1 Amended July 16^ 2013 1 •'^^'•^M, First American Title Insurance Company National Commercial Services 4380 La JoMa Village Drive, Suite 110 San Diego, CA 92122 July 16, 2013 Greg Harrington The Real Estaters 1003 Vista Way Oceanside, CA 92056 Phone: (760)754-1900 Fax: Customer Reference: Tabata 10 Title Officer: Phone: Fax No.: E-Mail: Vtnce Tocco/ Linda Slavik (858)410-3886 (877)461-2094 vtocco@firstam.com Buyer: Owner: Tabata Family Trust 01-14-83 PRELIMINARY REPORT In response to the above referenced appiication for a policy of title insurance, this company hereby reports that it ts 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 BS an Exception below or not excluded from coverage pursuant to ttie printed Schedules, Conditions and Stipulations of said Policy forms. The printed Excepbons and Exclusions from the coverage and Limitations on Covered Risks of said policy or polides are set forth in Exhibit A attached. The poliqf to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set forth in the arbitration dause, al! aibltrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Umit of Liabifity for certain coverages are also set forth in Exhibit A. Copies of ttie policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. First American Title Insurance Company Crd^pmber: NCS-46SS5S-SD Page Nuncer; 2 It is important to note that this preliminary report is not a written representation as to the condition of titie and may not list ail liens, defects, and encumbrances affecting tiUe to the land. This report (and any supplements or amendments hereto) is issued sdeiy for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that lisbiiity be assumed prior the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American T/t/e Insurance Company Ord^pmber: NCS-468558-SD Page Number: 3 Dated as of June 19, 2013 at 7:30 A,M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made If another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Noboru and Evelyn Tabata, Co-Trustees ofthe Tabata Family Trust U.D.T dated January 14, 1983, as to an undivided fifty percent (50%) interest and Monaliza Ayala Quintero, Trustee of The Monaliza Ayala Quintero Revocable Trust, dated April 23, 2012 as to an undivided fifty percent (50%) interest as tenants in common, as to Parcel A and Noboru Tabata and Evelyn Tabata, Co-Trustees or their successors in interest pursuant to The Tabata Family Trust executed January 14, 1983, as to an undivided one-half interest and Monaliza Ayala Quintero, Trustee of The Monaliza Ayala Quintero Revocable Trust, dated April 23, 2012, as to an undivided one-half interest, as to Parcel B The estate or interest in the land hereinafter described or referred to covered by this Report Is: A Fee as to Parcels A and B, an Easement as to Parcels Al and Bl. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: A. General and special taxes and assessments forthe fiscal year 2013-2014, a lien not yet due or payable. 1, Supplemental taxes forthe fiscal year 2012-2013 assessed pursuant to Chapter 3.5 commencing with Section 75 ofthe California Revenue and Taxation Code. First Installment: $142.14, PAID Penalty: $14,21 Second Installment: $142,14, OPEN Penalty: $24,21 Tax Rate Area: 09162 A. P. No.: 819-509-81-21 2. Supplemental taxes for the fiscal year 2012-2013 assessed pursuant to Chapter 3.5 commencing with Section 75 ofthe California Revenue and Taxation Code. First Installment: $2,576,53, PAID Penalty: $257.65 Second Installment: $2,576.53, OPEN First American Title Insurance Company Ord^^fcer: NCS-^8S58-SD Page Number: 4 Penalty: $267,65 Tax Rate Area: 09162 A. P. No.: 819-499-42-41 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 ofthe California Revenue and Taxation Code. The Following Matters Affect Parcel A 4. An easement for pipeline or pipelines for any and ali purposes, together with their necessary fixtures and appurtenances, together with the right of ingress thereto and egress therefrom and incidental purposes, recorded July 2, 1962 as Instrument No. 111781 ofOfficial Records. In Favor of; Carisbad Municipal Water District Affects: The centerline of said easement or right of way is particularly described as follows: Beginning at the point of intersection ofthe center line tangents to the curve lying between Station 134 plus 90.61 and Station 132 plus 6.45 of San Diego County Road "EI Camino Real" as shown on Road Survey No. 682 on file in the Office of the County Surveyor of San Diego County, thence South 54° 11' 18" East (Record South 54° 44' East) 132.53 feet to the true point of beginning, thence South 40° 23' 32" West 750.00 feet 5. The terms, provisions and easement(s) contained in the document entitled "Mutual Easement Deed Agreement" recorded September 17, 1971 as Instrument No, 211501 of Official Records, 6. The Parcel Map refen-ed to in the Legal Description herein contains various restrictions in improving or developing the property herein described. Reference is made to said Parcel Map for further particulars. 7. An easement for ingress and egress for road purposes and incidental purposes, recorded April 9, 1974 as Instrument No, 74-88589 of Official Records. In Favor of: Robert E, Hicks and Inis M, Hicks Affects: The Westerly 20 feet 8. An offer of dedication for public right of way purposes and incidental purposes, recorded October 10, 1984 as Instrument No, 84-384021 ofOfficial Records. To: The County of San Diego The Following Matters Affect Parcel B 9. An easement for public utilities and incidental purposes, recorded October 20, 1948 in Book 2988, Page 337 of Official Records. In Favor of: San Diego Gas and Electric Company Affects: The land First Amencan Title Insurance Company Ord^phber: NCS-46S553-SD Page Number: 5 10. An easement for pipe line or pipe lines and incidental purposes, recorded July 2, 1962 as Instrument No, 111781 of OfHcial Records. In Favor of: Carisbad Municipal Water District Affects: The land 11. An easement for drainage, excavation, embankment slopes and incidental purposes, recorded October 29, 1969 as Instrument No. 198734 of Official Records. In Favor of; County of San Diego Affects: The land 12. The terms, provisions and easement(s) contained in the document entitled "Agreement Regarding the Mutual Grant of an Easement and Right of Way Over a Portion of Said Land and Other Lands" recorded September 17, 1971 as Instrument No, 211501 ofOfficial Records. 13. An easement shown or dedicated on the Map as referred to in the legal description For: Limit of proposed street widening and incidental purposes, 14. An easement and right of way for ingress and egress for road purposes and public utilities and incidental purposes as reserved by instrument recorded April 9, 1974 as Fiie No. 74-088589 of Official Records, and the right of others to use said easement as conveyed or reserved in various other instruments of record, over, under, along and across the Northwesterly 20.00 feet of Parcel 1 herein described. 15. An offer of dedication for public right of way and incidental purposes, recorded October 10, 1984 as Instalment No. 84-384018 of Oflicial Records. To: The County of San Diego 16. The terms, provisions and easement(s) contained in the document entitled "Agreement Regarding Grant of Easement" recorded January 23, 1985 as Instrument No. 85-023357 of Official Records. 17. An offer of dedication for public right of way and incidental purposes, recorded January 31, 1985 as Instrument No. 85-033902 of Ofiicial Records. To: The County of San Diego Said instrument also grants the privilege and right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance thereof. Said document further recites: "The Grantor further understands that the present intention of the Grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the Grantor, for himself, his successors and assigns, hereby waives any claims for any and all damages to Grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway." First American Title Insurance Company Orc^jj^mber: NCS-45SSS8-SD Page Number: 6 18. A deed from the spouse of Monaliza Ayala Quintero be recorded in the public records, or the joinder ofthe spouse named herein on any conveyance, encumbrance or lease to be executed by the vestee. The deed should contain the following statement: "It is the express intent of the grantor, being the spouse of the grantee, to convey all right, title and interest ofthe grantor, community or otherwise, in and to the herein described property to the grantee as his/her sole and separate property." First American Title Insurance Company Ord^^nbsr: NCS-468S58-SO PageTTumber: 7 INFORMATIONAL NOTES 1, Taxes for proration purposes only for the fiscal year 2012-2013. First Installment: $1,522.91, PAID Second Installment: $1,522.91, PAID Tax Rate Area: 09162 APN: 212-050-32-00 2, Taxes for proration purposes only for the fiscal year 2012-2013. First Installment: $1,053.81, PAID Second Installment: $1,053,81, PAID Tax Rate Area: 09162 APN: 212-050-33-00 3, The property covered by this report is vacant land. 4, According to the public records, there has been no conveyance ofthe land within a period of twenty four months prior to the date of this report, except as follows: A document recorded February IS, 2012 as Instrument No. 2012-0087889 of Oflicial Records. From: Monaliza Ayala Quintero, Trustee of The Isokazu Tabata Trust, dated March 9, 1999 To: Monafi'za Quintero, a married woman as her sole and separate property (Affects Parcel A) A document recorded February 15, 2012 as Instrument No, 2012-0087892 of Official Records. From: Monaliza Ayala Quintero, Trustee of The Isokazu Tabata Trust, dated March 9, 1999 To: Monaliza Quintero, a married woman as her sole and separate property (Affects Parcel B) A document recorded April 24, 2012 as Instrument No. 2012-0238890 of Official Records. From: Monaliza Quintero, a married woman as her sole and separate property To: Monaliza Ayala Quintero, Trustee of The Monaliza Ayala Quintero Revocable Trust, dated April 23, 2012 (Affects Parcel A) First Amencan Title Insurance Company ^jjk Ord^P^nber: NCS-^8558-SD Page Number: 8 A document recorded April 24, 2012 as Instrument No, 2012-0238891 ofOfficial Records. From: Monaliza Quintero, a married woman as her sole and separate property To: Monaliza Ayaia Quintero, Trustee of The Monaliza Ayala Quintero Revocable Trust, dated April 23, 2012 (Affects Parcel B) 5. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 6. Should this report be used to facilitate your transaction, we must be provided with the foiiowing prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State ofthe corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation, 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP; 1. A certified copy ofthe certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in Interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review ofthe above material and other informafion which the Company may require, C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy ofthe application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy ofthe partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest ofthe limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP; 1, A certified copy of a statement of partnership authority pursuant to Section 16303 ofthe California Corporation Code (form GP-I), executed by at least two partners, and a certified copy ofany amendments to such statement (form GP-7), to be recorded in the public records; 2, A full copy of the partnership agreement and any amendments; 3, Requirements which the Company may impose following its review ofthe above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITi' COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-il), certificate of amendment (LLC-2), or restatement of First American Title Insurance Company Orc^pmber: NCS-468558-SD Page Number: 9 articles of organization (LLC-10) to be recorded in the public records; 3. If it Is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company Is asked to rely, such document or instrument must be executed in accordance with one ofthe following, as appropriate: (i) If the limited liability company properiy operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman ofthe board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. Requirements which the Company may impose following its review ofthe above matenal and other information which the Company may require. F. WTTH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review ofthe material require herein and other information which the Company may require. G. WITH RESPECTTO INDIVIDUALS: 1. A statement of information. *****To obtain wire instructions for deposit of funds to your escrow fiie piease contact your Escrow Officer ***** The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the tjtle insurance policy, if any, to which this map is attached. First American Title Insurance Company Ord^Pmber: NCS-46S558-SD Page Number: 10 LEGAL DESCRIPTION Real properiiy In the City of Carisbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 2 OF PARCEL MAP NO. 2481, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21, 1974 AS INSTRUMENT NO. 74-071006 OF OFFICIAL RECORDS. PARCEL Al: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES, TOGETHER WITH THE RIGHT TO CONVEY THE SAME TO OTHERS, OVER, ALONG AND ACROSS A STRIP OF L^ND 40.00 FEET IN WIDTH LYING WITHIN LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: COMMENQNG AT POINT 1 OF SAID LOT "F' AS SHOWN ON SAID MAP NO. 823, THENCE SOUTH 25° or 05" EAST (RECORD - SOUTH 24° 45' 00" EAST) A DISTANCE OF 229.00 FEET TO A POINT WHICH IS DESIGNATED ON SAID MAP NO. 823 AS POINT 23 OF SAID LOT "F" WHICH POINT IS THE MOST NORTHERLY CORNER OF LAUD DESCRIBED IN DEED FROM CHARLES KELLY AND UWINIA L KELLY TO ELMER L. CARPENTER RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75, AS INSTRUMENT NO. 26791 OF OFFICIAL RECORDS, SAID CARPENTER'S LAND BEING NOW THE PROPERTY OF ROBERT E. HICKS AND INIS M. HICKS, HUSBAND AND WIFE BY DEED TO THEM RECORDED JULY 22, 1948 AS INSTRUMENT NO. 24654 (TORRENS), FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE WESTERLY AND NORTHWESTERLY BOUNDARY LINES OF SAID CARPENTER'S (HICKS') LAND AS FOLLOWS: SOUTH 11° 51' 12" WEST, 315.60 FEET TO AN ANGLE POINT; AND SOUTH 42° 55' 37" WEST, 374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID HICKS' PROPERTY, SOUTH 54° 10' 08" EAST A DISTANCE OF 2,14 FEET TO THE CENTER LINE OF THE WATER LINE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED JULY 2, 1962 AS INSTRUMENT NO. 111781 OF OFFICIAL RECORDS AND KNOWN AS LINE "D" OF THE C.M.W.D; THENCE ON AND ALONG THE CENTER LINE OF SAID LINE "D" OF THE C.M.W.D AND ON AND ALONG THE NORTHWESTERLY BOUNDARY LINES OF LANDS DESCRIBED AS PARCELS 1 AND 2 IN DEED TO JOHN ALLEN ASSOCIATES, A LIMITED PARTNERSHIP, RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO. 236220 OF OFFICIAL RECORDS SOUTH 42° 38' 52" WEST (C.M.W.D DEED - SOUTH 42° 23' 32" WEST, AND JOHN ALLEN ASSOCIATES DEED - SOUTH 42° 24' 42" WEST), A DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 600.00 FEET, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 269.80 FEET TO A POINT IN SAID CURVE, THENCE TANGENT TO SAID CURVE, SOUTH 16° 38' 52' WEST, 386.15 FEET TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO JAMES A. DYE AND MARILYNN E. DYE, HUSBAND AND WIFE, RECORDED DECEMBER 31, 1959 AS INSTRUMENT NO. 236219 OF OFFICIAL RECORDS; THENCE ON AND ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID DYE PROPERTY AND CONTINUING ON THE SAME LINE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF LAND ALLOTTED TO BARBARA J. HIGDON AND DESCRIBED AS PARCEL 2 IN DECREE OF PARTmON, SAN DIEGO COUNTY SUPERIOR COURT, CASE NO. 263205, A COPY OF WHICH WAS RECORDED MARCH 24, 1965 AS INSTRUMENT NO. 52516 OF OFFICIAL RECORDS, AND CONTINUING ON First American Title Insurance Company Ord^llfcmber: NCS-468S5S-SD Page Number: li THE SAME LINE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF PARCEL 2 OF THE AFOREMENTIONED DEED TO JOHN ALLEN ASSOCIATES RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO. 236220 OF OFFICIAL RECORDS, SOUTH 52° 32' 21" EAST, A TOTAL DISTANCE ALONG SAID LINE OF 1214.69 FEET, TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 2 OF JOHN ALLEN ASSOCIATES' LAND, WHICH CORNER IS THE MOST SOUTHERLY TERMINUS OF THE CENTER UNE OF THE EASEMENT AND RIGHT OF WAY DESCRIBED HEREBY, EXCEPTING FROM SAID EASEMENT AND RIGHT OF WAY, ABOVE DESCRIBED, THAT PORTION WITHIN PARCEL A HEREIN ABOVE DESCRIBED. PARCEL B: PARCEL 1 OF PARCEL MAP NO. 2481, IN THE CFFY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PAGE 2481 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21, 1974 AS INSTRUMENT NO. 74- 071006 OF OFFICIAL RECORDS. PARCEL Bl: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES, TOGETHER WITH THE RIGHT TO CONVEY THE SAME TO OTHERS, OVER, ALONG AND ACROSS A STRIP OF LAND 40.00 FEET IN WIDTH LYING WUHIN LOT "F' OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP NO. 823, THENCE SOUTH 25° or 05" EAST (RECORD - SOUTH 24° 45' 00" EAST), A DISTANCE OF 229.00 FEET TO A POINT WHICH IS DESIGNATED ON SAID MAP NO, 823 AS POINT 23 OF SAID LOT "F" WHICH POINT IS THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED FROM CHARLES KELLY AND LAVINIA I. KELLEY TO ELMER L. CARPENTER, RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75 AS INSTRUMENT NO. 26781 OF OFFICIAL RECORDS, SAID CARPENTER'S LAND BEING NOW THE PROPERTY OF ROBERT E. HICKS AND INIS M. HICKS, HUSBAND AND WIFE, BY DEED TO THEM RECORDED JULY 22, 1948 AS INSTRUMENT NO. 24654 (TORRENS), FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY AND NORTHWESTERLY BOUNDARY LINES OF SAID CARPENTERS' (HICKS') LAND AS FOLLOWS; SOUTH 11° 51' 12" WEST 315.60 FEET TO AN ANGLE POINT, AND SOUTH 42° 55' 37" WEST 374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID HICKS' PROPERTY, SOUTH 54° 10' 08" EAST A DISTANCE OF 2.14 FEET TO THE CENTER LINE OF THE WATER LINE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED JULY 2, 1962 AS INSTRUMENT NO. 111781 OF OFFICIAL RECORDS AND KNOWN AS LINE "D" OF THE C.M.W.D.; THENCE ON AND ALONG THE CENTER LINE OF SAID LINE "D" OF THE C.M.W.D. AND ON AND ALONG THE NORTHWESTERLY BOUNDARY LINES OF LAND DESCRIBED AS PARCELS 1 AND 2 IN DEED TO JOHN ALLEN ASSOCIATES, A LIMITED PARTNERSHIP, RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO. 236220 OF OFFICIAL RECORDS, SOUTH 42° 38' 52" WEST, (C.M.W.F - DEED - SOUTH 42° 23' 32" WEST AND JOHN ALLEN ASSOCIATES DEED - SOUTH 42° 24' 42" WEST), A DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 269.80 FEET TO A POINT IN SAID CURVE; THENCE TANGENT TO SAID CURVE SOUTH 16° 38' 52" WEST, 385.15 FEET TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO JAMES A DYE AND MARILYNN E, DYE, HUSBAND AND WIFE, RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO. 236219 OF First American Title Insurance Company • Ord^^ber: NCS-468558-SD Page Number; 12 OFFICIAL RECORDS; THENCE ON AND ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID DYE PROPERTY AND CONTINUING ON THE SAME UNE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF LAND ALLOTTED TO BARBARA J. HIGDON AND DESCRIBED AS PARCEL 2 IN DECREE OF PARTTriON, SAN DIEGO COUNTY SUPERIOR COURT, CASE NO. 263205, A COPY OF WHICH WAS RECORDED MARCH 24, 1965 AS INSTRUMENT NO, 52516 OF OFRQAL RECORDS, AND CONTINUING ON THE SAME LINE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF PARCEL 2 OF THE AFOREMENTIONED DEED TO JOHN ALLEN ASSOCIATES, RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO. 236220 OF OFFICIAL RECORDS, SOUTH 52° 32' 21", A TOTAL DISTANCE ALONG SAID LINE OF 1214.69 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 2 OF JOHN ALLEN ASSOCIATES' LAND, WHICH CORNER IS THE MOST SOUTHERLY TERMINUS OF THE CENTER LINE OF THE EASEMENT AND RIGHT OF WAY DESCRIBED HEREBY, EXCEPTING FROM SAID EASEMENT AND RIGHT OF WAY, ABOVE DESCRIBED, THAT PORTION THEREOF LYING WITHIN PARCEL B HEREIN ABOVE DESCRIBED. APN: 212-050-32-00 and 212-050-33-00 First American Title Insurance Company Ord^j^ber: NCS-468558-SD Page Number: 13 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and In the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - partlculariy any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company. The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use Information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Rrst American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our sen/ices you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such Information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all ofthe types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal Information about you to those individuals and entities who need to know that information to provide products or services to you. We wili use our best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and In accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company Ord^^mber: NCS-463558-SD Page Number: l'^ EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TTTLE ASSOCIATION STANDARD CDVERA6E POLICY - 1990 SCHEDULE B 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 propeity or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. Easements, liens or encumbrances, or daims thereof, which are not shown by the pubiic records. 4. Discrepandes, 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) resen/ations 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. 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) /\ny law, ordinance or governmental regulation (induding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment ofthe 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 ttie 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 t^ie 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 exduding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of 3 purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse daims 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 daimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disdosed in writing to the Company by the insured daimant prior to the date the Insured claimant became an insured underthis 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 daimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because af 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 ofthe lien of the insured mortgage, or daim 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 daim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transactton creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND HTLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy, 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disdosed in wnting by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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. First American Title Insurance Company Ord^Pmber: NCS-46S558-SD Page Number: 15 3. AMERICAN LAND TTTLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a S&ndard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy, SCHEDULE B This policy does not insure against loss or damage by reason ofthe matters shown in parts one and two following: Part One 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. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, daims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundarj' lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public retards, 5. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1970 WTTH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation ofany such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental righte of police power unless notice ofthe exercise of such rights appears in the public records at Date of Policy, 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured daimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured daimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any staUjtory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvemente under construction or completed at Date of Policy), 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the Indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Titie Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exdusions setforth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Pari: One 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 pubiic records. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, daims of easement or encumbrances which are not shown by the public records. 4. Discrepandes, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, daims or title to water, 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by taw and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE First American Title Insurance Company Ord^pmber: NCS-4685S8-SD Page Number: 16 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; (iri) 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 exduded by (a) above, except to the extent tiiat a notice of the exercise thereof or a notice of a defect, lien or encumbrance resuiting 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 tbe exercise tinereof has been recorded in the public records at Date of Polic/, but not exduding 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 daims, or other matters: (a) whether or not reconded in tiie public records at Date of Policy, but created, suffered, assumed or agreed to by the insured daimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disdosed 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 the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in bss or damage which would not have been sustained if the insured claimant had pakJ value for the insured mortgage, 4. IJnenforceability ofthe lien ofthe insured mortgage because of the inability or failure ofthe 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 statutory lien for services, labor or materials (or the claim of priority of any statutory lien for sen/k^s, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted fnr 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. 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 die 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 of 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. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Titie Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, atiiorneys' 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. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof, 3. Easements, daims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or titie to water. 6. Any lien, or right to a lien, for seri^ices, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 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; (ill) a separation in ownership or a change in the dimensions or area of the land or First American Title Insurance Company Ordd^pnber: NCS-458558-SD Page Number: 17 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 exduded by (a) above, except to the extent that a notice of the exerdse 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, Hens, encumbrances, adverse daims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to tiie Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disdosed in Writing to the Company by the insured daimant 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) resufting 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. 9. AMERICAN LAND TTTLE ASSOCIATION OWNER'S POLICY - 1992 WTTH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions setforth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: Part One: 1. Taxes or assessments which are not shown as existing Hens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights. Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons In possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. 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 public records. Unpatented mining daims; reservations or exceptbns in patents or in Acts authorizing the issuance thereof; water rights, claims or titie to water. Any lien, or right to a lien, for sen/ices, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 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 * land division * improvements on the land * environmental protection This exdusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exdusion does not limit the zoning coverage described in items 12 and 13 of Covered Titie Risks. 2, The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on tiie 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 * tbat are known to you, but not to us, on the Policy Date - unless tiiey 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. First American Title Insurance Company Ord^phiber: NCS-463S5S-SD Page Number: 18 5. Lack of a right: * 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. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POUCY OF TTTLE INSURANCE - 2008 ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE - 2008 Covered Risks 16 (Subdivision Law Violation). IS (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability' EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, coste, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those pori:ions of any law or government regulation concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protectton This Exclusion does not limit the coverage described in Covered Risk 8.a,, 14, 15, 16, 18, 19, 20, 23 or 27. 2. The feilure of Your existing structures, or any part of them, to be ccsistructed in accordance with applicable building codes. This Exclusion does not limit the coverage descnbed in Covered Risk 14 or 15, 3. The right to take the Land by condemning it. This Exdusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whetiier or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded 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.e,, 25, 25, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outeide the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streete, alleys, or waterways that touch the Land. This Exdusion does not limit the coverage described in Covered Risk 11 or 21 UMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Arnount Our Maximum Dollar Limit of Uability Covered Risk 16: 1% of Policy Amount or 55,000,00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000,00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000,00 12, THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (1/01/08) 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, permit, or governmental regulation (induding those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), Ofd), 14 or 16. First American Title Insurance Company Ord^phiber: NCS-^8558-SD Page Number: 19 (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 15. 2. Righte of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, 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 Reconds 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 (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting In toss or damage which would not have been sustained if the insured Claimant had paid value for the Insured Mortgage, 4. Unenforceability ofthe lien ofthe Insured Mort:gage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protsction or truth-in-lending law. This Exdusion does not modify or limit the coverage provided in Covered Risk 25. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modrications 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 Exdusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Titie for real estate taxes or assessmente imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exdusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25, 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exdusion does not modify or limit the coverage provided in Covered Risk 5 or 5. 13. AMERICAN LAND TTTLE ASSOCIATION LOAN POLICY - 2006 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 that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, (b) Any governmental police power. This Exdusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, Hens, encumbrances, adverse daims, 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 disdosed 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 (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that 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 an Insured to comply with applicable doing- business laws ofthe state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transattion evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' righte laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Risk 13(b) of this policy. 7. Any lien on the Titie for real estate taxes or assessmente imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). First American Title Insurance Company Ord^^ber: NCS-'^eSSSS-SO Page Number: 20 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY • 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy, SCHEDULE B 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, (a) Taxes or assessmente that are not shown as existing liens by the records ofany taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessmente, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2, Any facte, rights, intereste, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land, 3, Easements, liens or encumbrances, or claims thereof, not shown by the Publk: Records. 4, Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Titie that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5, (a) Unpatented mining claims; (b) reservations or exceptions in patente or in Acte authorizing the issuance diereof; (c) water righte, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown fay the Public Records. 15. AMERICAN LAND TITLE ASSOaATlON OWNER'S POLICY - 2006 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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (ili) the subdivision of land; or (iv) environmental proted:ion;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 3(a) does not modif/ or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exdusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2, Righte of eminent domain. This Exclusion does not modif/ or limit the coverage provided under Covered Risk 7 or 8. 3, Defecte, Hens, encumbrances, adverse daims, 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 disdosed 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 (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Titie. 4, Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5, Any lien on the Title for real estate taxes or assessmente imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Pubiic Records that vests Tilje as stiown in Schedule A. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 WITH REGIONAL EXCEPTIONS First American Title Insurance Company Ord^Pmber: NCS-46S553-SD Page Numiber: 21 When the American Land Titie Association polic/ is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 15 above are used and the foiiowing exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay coste, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records ofany taxing authority that levies taxes or assessmente on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessmente, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, righte, intereste, or claims that are not shown by the Public Records but that couid be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easemente, liens or encumbrances, or daims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse drcumstance affecting the Titie that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) resen/ations or exceptions in patente or in AOs authorizing the issuance thereof; (c) water righte, daims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the PubHc Records. First American Title Insurance Company TRUSTEES' CERTIFICATION OF TRUST 1. NOBORU TABATA and EVELYN TABATA, as trustors created the Tabata Family Trust dated January 14, 1983, as subsequentiy restated and amended ("Trust"). 2. We, NOBORU TABATA. EVELYN TABATA and JERRY TABATA certify that we are the presently serving trustees of the Trust. 3. Said trust is a revocable inter vivos grantor trust. The trust is in full force and effect. The trustors have the power to revoke the trust. 4. Attached hereto is: (a) a copy of excerpts from the Trust and (b) and a copy of the first amendment to the Trust. These documents designate the trustee, defme the signature authority of the trustee, and hst the powers of the trustee. 5. U.S. Treasury Regulation Sections 1.671-4 and 301.6109-l(a){2) provide that a trustor's Social Security Number may be used in ]ieu of a separate taxpayer identification number for the trust. 6. Title to trust assets should be taken as follows: Noboru Tabata, Evelyn Tabata and Jerry Tabata trustees of the Tabata Family Trust dated January 14, 1983. 7. Pursuant to the terms of the trust, at least two (2) of us must execute documents for the trust, and the signatures of any two (2) of us together shall be conclusively deemed an act of the trustees. 8. The trust has not been revoked, modified or amended in any manner which would cause the representations in this certification to be incorrect. This certification is being signed by the currently acting trustees ofthe trust. 9. This certification is made pursuant to Califomia Probate Code Section 18100.5. Any transaction entered into by a person acting in reliance upon this certification shall be enforceable against the trust assets. 10. Probate Code Section 18100.5(h) provides that any person refusing to accept this certification shall be liable for damages, including attomey's fees, if the court determines that the person acted in bad faith. We declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. WEST\233«6592.I 354B85-00DOO9 Dated; g- 6^ 13 • , Cahfomia. NOBORU TABATA Trustee EtBLYNTABATA Trustee Trustee WEST\233406592,1 354S85-00OOO9 State of Califomia County of San Diego } On hlixa ,"9^9 3 before me. y Av-j/r/.A^C , Notary Public, personally appeared NOBORU TABATA, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aj^subscribed to the within instmment and acknowledged to me that he/shg/tl>ey executed the same in his/hfif/tl>eii^ authorized capacity(i^', and that by his/l)er/t|]eir signature^^ on the instrument the person^, or the entity upon behalf of which the person(5') acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the iaws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. UNDA K. FOaiER \ Com.S 1830374 COMM. Eg. tt*g. jg. wn J* Signature ^771 r^Q ^0?v->^ • • / ^ (Seal) WEST\23340fi592.t 354SB5-000009 State of Califomia County of San Diego } before me, L>AJDA K. 7~ryELL.C Notary Public, personally appeared EVELYN TABATA, who proved to me on the basis of satisfactory evidence to be the person(S'} whose nameO?) is/ar-C subscribed to the within instrument and acknowledged to me that be/she/lhe/ executed the same in his/her/tbdr authorized capacity(i5s), and that by bi5/her/th^fi^ signature(,s3 on the instrument the person(5)-, or the entity upon behalf of which the personCs") acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature--'/^A-r^:^^;- 6- UNDA K. FOEUER i; CQMI.# 1880374 M Sw tMoo Comr (Seal) WEST^2334 06592.1 354885-000009 State of Califomia County of San Diego On 6, '2pi3 before me, L,A^A/^ 7<f. f^,^^L.^f^ Notary Public, personally appeared JERRY TABATA, who proved to me on the basis of satisfactory evidence to be the person(^ whose name(s) is/ape'subscribed to the within instrument and acknowledged to me that he/sb^/the^ executed the same in his/hef/ti}^ authorized capacity(i9:&), and that by his/h^/theif signature(^) on the instrument the persorj^s:^, or the entity upon behalf of which the person(S') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature-7^.^^7 G LIMDA K. FOeiLER ^ Co«i^,* 1880374 m NOWrt WBUC-CAUfffilKl* *1 SMOIEGO Coiwn . MTCOtai.Ew, MM. IB, roH j y 1 (Seal) WEST\2334 06592.1 354885-000009 SENDER: COMPLETE T SECTION Complete items 1, 2, an(^ Also complete item 4 If Restricted Deiivery 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. 1 • Article Addressed to: COMPLETE THIS SECTION ~>EUVERY Q Agent • Addressee 0. Date of Delivery ]l^7k^' D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: • No 3. Sen'ice Type C3. Certified Mall D Registered • Insured Mall • Express Mall • Retum Rectipt for Merchandfse P C.O.D. 4. Restricted Delivery? (Extra Fee) • Yes 2. Article Number 7D11 E^7D DDDB flVbl 4b77 ostal Servicei ranee Coverage Provia^ o Sireel -Xpl. N- • Ol PO Box i\0 California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego. CA 92108-4402 PS Form 3800, August 2fiOB See Reverse for Instructions ^0 m \A7A^i. \0(3q//3 '"t^'cARLSBAD RLE COPY Community & Economic Development www.carisbadca.gov NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON October 29. 2013 Application*: CDP 13-29 Filing Date: September 20. 2013 Case Name: Tabata 10 Stockpile Decision Date: October IS. 2013 Applicant: Groundwurk. Inc - Rob Furev Agent (if different): same Address: 2442 2"'^ Avenue. San Diego. CA 92101 Address: same Phone: 619-921-9452 Phone: same Project Description: The stockpile of approximately 18.100 cubic yards of dirt located at the Tabata 10 residential proiect site. Project Location: Camino Hills Driye and El Camino Real. APN: 212-050-32-00, 212-050-33-00 ACTION: • APPROVED ^ APPROVED WfTH CONDITIONS • DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: ^ NOT APPEALABLE TO THE COASTAL COMMISSION. • APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieyed person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 fVIetropolitan Dr., Suite 103, San Diego, California 92108- 4402, Telephone (619) 767-2370. Attachment: - Location Map to CCC for non-appealable CDPs - Staff Report to CCC for appealable CDPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad tVlunicipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety (90) days folbwing the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record ofthe proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax 1 SENDER: CO/WPLETE Tf ^ECTION COMPLETE THIS SECTION r -^ELIVERY • Complete items 1, 2, an^TAIso complete ^ item 4 if Restricted Delivery is desired. ( • Print your name and address on the reverse •^tJc^. /V'5LA^-V n Addressee 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. B^JecSlved by ( f^ntedmrfm) 1. Article Addressed to: California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 D. Is deliveiy address different from item 1? • Yes If YES, enter delivery address below: ^^]^o 3. Service Type • Certified Mall • Express Mail • Registered • (Return Receipt for Merchandise • Insured Mali • C.O.D. 4. Restricted Delivery? r&e) Q Yes Z^/^rSTsarWce/a^e^ '^^^^ ^'^'^^ 67^1 4554 PS Fonn 3811, February 2004 Domestic Retum Receipt 102S95^-M-1540 LT) Ed o a r^ nj r=i o r 11 F :urr ' (E llio • 3m>;r; : [ 1 lfl 1 i' C-J) F esti tadi' rt.ta '^osti ; i S(>f.'e(". W ;• 01 f'C !Tox Nc: . f MS M RECEIPT ranee Coverage Provid California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 PS Form 3800, August 2006 See Reverse for Instructions CITY OF ^ CARLSBAD Community & Economic Development aFILE www.carlsbadca.gov ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT NOTICE OF PENDING DECISION DATE: September 23, 2013 APPLICATION NUMBER AND NAME: CDP 13-29 -TABATA 10 STOCKPILE PROJECT DESCRIPTION: A Minor Coastal Development Permit to allow for a temporary stockpile of 18,100 cubic yards of dirt to be used in the future for the development of a previously approved subdivision. The temporary stockpile will be located between El Camino Real and the area previously used for a single-family home, adjacent to Camino Hills Drive (see attached exhibit). LOCATION: The approximately 10 acre vacant land southwest of El Camino Real between Jackspar Drive and College Boulevard, accessed from Camino Hills Drive; historically addressed as 2311 Camino Hills Drive. APN: 212-050-32-00, 212-050-33-00 The proposed development is located within the Coastal Zone. No formal public hearing is required for this application, and a public hearing will onlv be held upon written request, within 15 working davs 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 Citv Planner will determine this application 15 working davs after the date of this notice if no public hearing is requested. Written requests for a public hearing should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Chris Garcia, at the City of Carlsbad Planning Division, 760-602-4622, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 ! 760-602-4600 I 760-602-8558 fax CITY OF CARLSBAD DATE: REVIEW AND COMMENT MEMO SEPTEMBER 23. 2013 "(Ml 3 PROJECT NO(S): CDP 13-29 ^gS^^^^^^^^^^^^^^I^-f^ i REVIEW NO: 1 mmm.- PROJECTTITLE: TABATA 10 STOCKPILE APPLICANT: GROUNDWURK, INC/ROB FUREY TO: Land Development Engineering-Tecla Levy • Public Works (Storm Drain) - Clayton Dobbs • Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko • Fire Department - Greg Ryan • Public Works (Water) - Jase Warner • Building Division - Will Foss • Water/Sewer District • Parks & Recreation (ParksArails) - Liz Ketabian • Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Mike Bliss • School District • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Bill Plummer • Caltrans (Send anything adjacent to 1-5) *ALWAYSSEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, byjOAlTBr If you have "NoSornmen^I^^^eas^ If vou determine that there are items that neeiffiftWBbmitted to deem the application "complete" for processing, please Immediatelv contact the applicant and/or their representatives (via phone or e-maill to let them know. Thank you COMMENTS: sign^ re PLANS ATTACHED ' Dab Review & Comment 03/13 %ARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov October 16, 2013 Rob Furey c/o Groundwurk Inc. 2442 2nd Avenue San Diego, CA 92101 SUBJEa: NOTICE OF RESTRICTION - CDP 13-29 - TABATA 10 STOCKPILE Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Minor Coastal Development Permit, CDP 13- 29. Please ensure the following items are addressed prior to returning the Notice of Restriction: ^ Correct Notary Acknowledgement Required (Effective Januarv 1, 2008. all Certificates of Acknowledgement used by a California notarv on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ^ Document must be properly notarized. ^ Name on signature page and name on Notarial Acknowledgement must match. Property owner's signatures/initials must be the same as on Notary Acknowledgement. Notary seal cannot be blurry/too light (County will not record the document if any portion ofthe Notary Seal is blurry or too light) ^ Include property owner's name in the designated space above the owner's signature. Please pay particular attention to the signature requirements at the bottom ofthe signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, CHRIS GARCIA Junior Planner c: Michele Masterson, CED Senior Management Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® <%^CARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov October 10,2013 Rob Furey c/o Groundwurk Inc. 2442 2"" Avenue San Diego, CA 92101 SUBJECT: CDP 13-29 - TABATA 10 STOCKPILE - CAUFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPUCABIUTY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA Determination: This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for Minor Alterations of Land - CEQA Guidelines Section 15304. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the City Planner decision date. Target Decision Date: In the Interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), an administrative decision to approve or deny the project should be determined by December 6,2013. Therefore, in the Interest of achieving that decision date/hearing date, all remaining project issues must be addressed by November 22, 2013. If all project Issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. For additional Information related to this CEQA applicability/process determination or should you have any questions regarding an application extension or would like to withdraw your application, please contact Chris Garcia at 760-602-4622 or by email at Chris.Garcla@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:CG:fn c: Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue. Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CARLSBAD Community & Economic Development www.carlsbadca.gov October 8, 2013 Rob Furey c/o Groundwurk Inc. 2442 2"" Avenue San Diego, CA 92101 SUBJECT: 1ST REVIEW FOR CDP 13-29 - TABATA 10 STOCKPILE Thank you for applying for Land Use Permits In the City of Carlsbad. The Planning Division has reviewed your Minor Coastal Development Permit, application no. CDP 13-29, 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 Division will begin processing your application as of the date of this communication. In order to expedite the processing of your application, you are strongly encouraged to contact your staff Planner, Chris Garcia, at 760-602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department Individually as follows: • Land Development Engineering Division: Tecla Levy, Associate Engineer, at 760-602-2733. • Fire Department: Greg Ryan, Fire Inspections, at 760-602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:fn c: Tabata Family Trust, P.O. Box 679, Carlsbad, CA 92018 Don Neu, City Planner Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®