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HomeMy WebLinkAboutCUP 08-19; BRESSI RANCH ASSISTED LIVING; Conditional Use Permit (CUP)L ---.. CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT. USE ONLy) (FOR DEPT. USE ONLy) 0 Administrative Permit 0 Planned Development Permit 0 Administrative Variance 0 Planned Industrial Permit 0 Coastal Development Permit 0 Planning Commission Determination [!] Conditional Use Permit "l,tp O!?-ji1 0 Precise Development Plan 0 Condominium Permit 0 Redevelopment Permit 0 Environmental Impact Assessment 0 Site Development Plan 0 General Plan Amendment 0 Special Use Permit 0 Habitat Management Plan Permit 0 §pecific Plan 0 0, +9Atati'tt9 Pa~1 Map Hillside Development Permit Obtain from Engineering Department 0 Local Coastal Program Amendment 0 Tentative Tract Map 0 Master Plan 0 Variance 0 Minor Conditional Use Permit 0 Zone Change 0 Non-Residential Planned Development 0 List other applications not specified 2) ASSESSOR PARCEL NO(S).: 213-190-02 3) PROJECT NAME: Bressi Ranch Assisted Living ~ejl;t¥ 4) BRIEF DESCRIPTION OF PROJECT: A 50 room Assisted Living Facility. Licensed by the State of California to care for a maximum of 8l residents. The single Aztrt story building will be 36,800 sq. ft. Located on a 2.5.vacant site • 5) OWNER NAME (Print or Type) Bressi Holding, LLC MAILING ADDRESS 9619 Chesapeake Dr., Suite 103 CITY AND STATE ZIP TELEPHONE San Diego, CA 92123 858-565-4424 EMAIL ADDRESS:kevin@healthcaregrp.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION I TRUE AND CORRECT TO THE BEST OF MY KNO E f1M. ~ifffo t DATE ... i 6) APPLICANT NAME (Print or Type) Health care Group, Inc. MAILING ADDRESS 9619 Chesapeake Dr., Suite 103 CITY AND STATE ZIP TELEPHONE San Diego, CA 92123 858-565-4424 EMAIL ADDRESS:kevin@healthcaregrp.com I CERTIFY THAT I AM THE LEGAl REPRESENTATIVE OF THE OWNER AND T AT All THE ABOVE INFORMATION IS TRUE AND CO iTT HE B~T MY KNOWLEDGE. ~ I Y·F-~1/f)f ~~~~~----~~~--~ DA I NOTE: A PROPOSED PR REQUIRING MULTIPLE APPLICATIONS BE FLED, MUST BE SU8IIITTED PRIOR TO 3:30 P.II. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FLED, MUST BE SUBMli lED PRIOR T04:GO P.II. Form 14 Rev. 03108 j .. 7) BRIEF LEGAL DESCRIPTION Lot 2 of Carlsbad Tract CT 03-03 Map No. 14800. 8) LOCATION OF PROJECT: Lot 2 of Planning Area 15 in Bressi Ranch ONTHE~I __ ~=w=e~st~~~~~1 (NORTH, SOUTH, EAST, WEST) BEnNEEN~I ___ T_o~wn~G=a~r=d=e=n=R=o~a_d __ ~ (NAME OF STREET) STREET ADDRESS SIDE OF 1L.. __ N...,::y...:;g:.-a_a.....,r,....,.d,....,.s=t:-:r=e,.."e=t==-__ ---I (NAME OF STREET) AND!...I __ P_a_r_a_d.....,i,....,.se~S:-:t=r,.."e=e~t== ___ ~ (NAME OF STREET) 9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS. DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/wE CONSENT TO ENTRY FOR THIS PURPOSE. 10) 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. NOT OF RE TRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST . ... FOR CITY USE ONLY Form 14 Rev. 03108 RECEIVED OfT ':\ I ,}i"!'IO ,', •• I l J CITY OF CARLSBpIO DATE Sli P I I ~IVED RECEIVED BY: PAGE2OF4 .... .. ... PROJECT DESCRIPTION/EXPLANATION APPLICANT NAME: Het:t/-H, Cttl'e G-ro¥ I :r/lC~ 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 ba~kground ioformation and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: BRESSI RANCH ASSISTED LIVING FACILITY Project DescriptionlExplanation: Health Care Group (HCG) is submitting a Conditional Use Permit application for the Bressi Ranch Assisted Living Facility. The Bressi Ranch Master Plan designated this 2.5' acre site for 200 "Assisted Care" units. Our project will consist of a 36,800 square foot single-story, fully sprinklered building in the "Classic Spanish" architectural style utilizing a stucco exterior and a concrete tile roof. The facility will be licensed by the State of California, Department of Social Services as a Residential Care Facility for the Elderly (RCFE) to care for a maximum of g~ residents. The interior space will consist of 50 resident rooms, four common dining and activity rooms served by one main kitchen, full laundry services, support spaces, and administrative offices. The site will feature a circular drive entrance and 6 parking spaces at the front of the building with access from Nygaard Street, and 36 additional parking spaces at the rear of the building with access from Cottage Drive. There will also be four separate walking garden areas for residents, and extensive landscaping along the perimeter or'the entire site. All meals, housekeeping services, transportation services, and scheduled social activities will be provided for facility residents, as well as assistance with the activities of daily living, to include bathing, dressing, grooming, and medication management. Profect Description 10196 Page 1 of1 OCT-I5-2008 WED 01:52 IIItARlSBAD ENGINEERING FAX 00,.602 1052 P. 01 PlEASE NOTE: • Time limits on the processing of discretionary projects established by state law dO not start until a project application is deemed complete by the CIty. The City has 30 caIen~r days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days; of submittal of this appUoation you will receive a letter stating whether this application is o)mplete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will -. upon ~ eate of the comp~ . 6. Applicant S.gnaI1lre: ~ ~ Staff Signature: I' IuO .0ktb Date: 4~(ey • ·ro be stapled with Teceipt to the application • Copy for file focm20 .... ---• (I' .' f :--~"" Cit}' of Carlsbad . IAFi,un,pw·J¥j·kIiJ,ri4,il .. HAZARDOUS WASTE AND SUBSTANCES S!fATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of Califomia Govemment Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the Califomia Environmental Protection Agency and hereby certify that (check one): . . . iii 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 • o The development project and any alternatives proposed in this application!!!. contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Nam~Health Care Group Name:Bressi Holding, LLC Address: '9'619 Chesapeake Drive. #103 Address:-.....st,(ija ..... m .. e ________ _ San Diego, CA 92123 Phone Number: 858-565-4424 PhoneNumber:, ____ ~S~am~e~ __________ __ Address of Site:, ____ --:;N;.c.y""'g~a=ar=..;d;;;:....,;:S;;.;:t::.:r:..::e:..=e.:.t _______________________ _ Local Agency (City and CO!Jnty): Carlsbad, San Diego County Assessor's book, page, and parcel niJmber:._-=:.21::.:3:...--=1:.;:;9~O_-..;;.O;:;;.2 _____________ _ Specify IIst(s):. _________________________ _ Regulatory Identification Number:. ________________________ _ DateofLlst:. _________________________________ _ AdmlnlCounlerlHazWaste 1635 Faraday A1tenue • Carlsbad. CA 92008-7314· (760) 602-4600 • FAX (76OJ 802-8559 • www.cI.carIsbad.ca.us * ,-• • ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: {O/31 /8 (To be completed by City) Application Number(s):CCtP 00-19 General Information 1. Name of project: Bressi Ranch Assisted Living Facility 2. Name of developer or project sponsor: Health Care Group, Inc. Address: 9619 Chesapeake Drive, Suite 103 City, State, Zip Code: San Diego, CA 92123 Phone Number: 858-565-4424 3. Name of person to be contacted concerning this project: _.::.;K:.::e;....:v..::i:;;:n.::......:M.::.;o::..;r::..;l~· ~a.:::;r..::t;.Ly ________ _ Address: ...:S:;,;:am=e:::.-_____________________________ _ City. State, Zip Code: ____________________________ _ Phone Number: Same ------------------------------- 4. Address of Project: Vacant Lot -No address assigned. Assessor's Parcel Number: --=:20.:1=3::...---'1""9:;.;0"--_0=2 ____________________ _ 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: N/A 6. Existing General Plan Land Use Designation: _RH_....:/_L--.:I:....-C_F _____________ _ 7. Existing zoning district: _RD_-_M--=-I---'c_--'-L-'--'-I_c:...-...:F=--_________________ _ 8. Existing land use(s): --'V..=;a::,::c::.:a:::n:=.t"'--________________________ _ 9. Proposed use of site (Project for which this form is filed): A 50-Room. ~ J -Bed Professional Care Facility providing assisted living services to its elderly residents. Project Description 10. Site SIze: _2_._5_A_c_r_e_s ___________________________ _ 11. Proposed Building square footage: 36,800 s9. ft. (+ partial basement of 2,545 s9. ft. 12: Number of floors of construction: 1 (with partial basement) 13. AmOlmt of off-street parking provided: _4_2_s...,!p:....a_c_e_s _________________ _ 2 02122106 '. , • • 14. Associmedpr~eds: ~N~o~n~e~ ____________________________________________________ _ 15. Ifresidential, include the number of units and schedule of unit sizes: ~N:!J/l-'A~ ____________________ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area. and loading facilities: The project is a 50-Room. ~~-Bed Professiopal Care Facility providing assisted living services to its elderly residents. 17. If industrial, indicate type, estimated employment per shift, and loading facilities: --=.N:..!./.::A=--__________ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ---,N:;!.L.IA~ ______________________ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: Per the Bressi Ranch Master Plan. approval for this type of facility is regulated by the Local Shopping Center General Plan & Zoning designations & requires approval of a CUP. Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or D IX] substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public D 00 lands or roads. 22. Change in pattern, scale or character of general area of project. D lKl 23. Significant amounts of solid waste or litter. l!] D 24. Change in dust, ash. smoke, fumes or odors in vicinity. D IX] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or IXl D alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D (!] 3 02J22/06 '. • • Yes No 26. Site on filled land or on slope of 10 percent or more. (Partial) IX! 0 28. Use or disposal of potentially hazardous materials, such as toxic 0 00 substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, 0 I!] sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, 0 00 etc.). 3l. Relationship to a larger project or series of projects. 0 00 Environmental Setting Attach sheets that include a response to the following questions: 32. Descnbe 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. Descnbe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. 4 02I22J06 .. • • APPENDIX A STORM WATER STANDARDS QUESTIONNAIRE I INSTRUCTIONS: This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision and land use planning approvals and construction permits). The results of the questionnaire determine the level of storm water pollution prevention standards applied to a proposed development or redevelopment project Many aspects of project site design are dependent upon the storm water pollution protection standards applied to a project. Applicant responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. A staff determination that the development application is subject to more stringent storm water standards, than initially assessed by the applicant, will result in the return of the development application as incomplete. If applicants are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, they are advised to seek assistance from Engineering Department Development Services staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, applicants for construction permits must also complete, sign and submit a Construction Activity Storm Water Standards Questionnaire. To address pollutants that may be generated from new development, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design, which are described in Chapter 2 of the City's Storm Water Standards Manual This questionnaire should be used to categorize new development and significant redevelopment projects as priority or non-priority, to determine what level of storm water standards are required or if the project is exempt. I 1. Is your project a significant redevelopment? Definition: Significant redevelopment is defined as the creation, addition or replacement of at least 5,000 square feet of impervious surface on an already existing developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction remodeling; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing under/ying soil during construction. Note: If the Significant Redevelopment results in an increase of less than fifty percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria discussed in Table 3 of 2.3.3.4 applies only to the addition, and not to the entire development. 2. If your project IS considered significant redevelopment, then please skip Section 1 and proceed with Section 2. 3. If your project IS NOT considered significant redevelopment, then please proceed to Section 1. 21 SWMP Rev 6/4/08 • • I SECTION 1 NEW DEVELOPMENT PRIORITY PROJECT TYPE YES NO Does you project meet one or more of the following criteria: 1. Home subdivision of 100 units or more. Includes SFD, MFD, Condominium and Apartments X 2. Residential development of 10 units or more. Includes SFD, MFD, Condominium and Apartments X 3. Commercial and industrial development greater than 100,000 square feet including parking areas. X Any development on private land that is not for heavy industrial or residential uses. Example: Hospitals, Hotels, Recreational Facilities, Shopping Malls, etc. 4. Heaw Industrial/Industry greater than 1 acre (NEED SIC CODES FOR PERMIT BUSINESS TYPES) X SIC codes 5013,5014,5541,7532-7534, and 7536-7539 5. Automotive repair shop. X SIC codes 5013,5014,5541,7532-7534, and 7536-7539 6. A New Restaurant where the land area of development is 5,000 square feet or more including earkinf/. areas. X SIC code 5812 7. Hillside deve/oement (1) greater than 5,000 square feet of impervious surface area and (2) development will grade on any X natural slope that is 25% or greater 8. Environmentallv Sensitive Area (ESA). Impervious surface of 2,500 square feet or more located within, "directly adjacenr02 to (within 200 feet), X or "dischaminQ directly to..3 receivinQ water within the ESA 1 9. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban X runoff 10. Retail Gasoline Outlets -serying more than 100 vehicles Q!Z.r da~ X Serving more than 100 vehicles per day and greater than 5,000 square feet 11. Streets. roads, driveways, highways, and freeways. X Project would create a new paved surface that is 5,000 square feet or greater. 12. Coastal Development Zone. Within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impermeable X surface or (2) increases impermeable surface on property by more than 10%. 1 Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and Count of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" means situated within 200 feet of the environmentally sensitive area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. Section 1 Results: If you answered YES to ANY of the questions above you have a PRIORITY project and PRIORITY project requirements DO apply. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at time of application. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3. If you answered NO to ALL of the questions above, then you are a NON-PRIORITY project and STANDARD requirements apply. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3. SWMP Rev 6/4/08 • • • I SECTION 2 SIGNIFICANT REDEVELOPMENT: YES NO 1. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) If you answered YES, please proceed to question 2. If you answered NO, then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 2. Is the project solely limited to one of the following: a. Trenching and resurfacing associated with utility work? b. Resurfacing and reconfiguring existing surface parking lots? c. New sidewalk construction, pedestrian ramps, or bike lane on public and/or private existing roads? d. Replacement of existing damaged pavement? If you answered NO to ALL of the questions, then proceed to Question 3. If you answered YES to ONE OR MORE of the questions then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 3. Will the development create, replace, or add at least 5,000 square feet of impervious surfaces on an existing development or, be located within 200 feet of the Pacific Ocean and (1 }create more than 2500 square feet of impermeable surface or (2) increases impermeable surface on property by more than 10%? If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY project requirements. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3 below. If you answered NO, you ARE NOT a significant redevelopment, and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. I SECTION 3 Questionnaire Results: ~ MY PROJECT MEETS PRIORITY REQUIREMENTS, MUST COMPLY WITH PRIORITY PROJECT STANDARDS AND MUST PREPARE A STORM WATER MANAGEMENT PLAN FOR SUBMITTAL AT TIME OF APPLICATION. o MY PROJECT DOES NOT MEET PRIORITY REQUIREMENTS AND MUST ONLY COMPLY WITH STANDARD STORM WATER REQUIREMENTS. Applicant Infonnation and Signature Box Address: Nygaard Street ApplicantName: Health Care G Kevin Moriarty Assessors Parcel Number(s): 213-190-02 Applicant Title: Vice President-Developmen This BoxJorC.ryUse OnTy City Concurrence: IVESINO I I By Dale PrqjCC! ID. SWMP Rev 6/4/08 f1j( >rder No," h0304()'711-U5Cl SCHEDlJLE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A I'ee I Title to said estate nr lI1terest at the date hereof is vested in: Bressi Holding. LLC. a California limited liahility company 3. The land referred to in this report is situated in the State of Califnmia. County of San Diegt) ~md is described in the Legal Description. attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form (Rev 1/1/95) Page 2 Order No.: 603040711-U50 LEGAL DESCRIPTION LOT 2 OF CARLSBAD TRACT CT 03-03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14800 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 21,2004. APN: 213-190-02 END OF LEGAL DESCRIPTION CLTA Preliminary Report Fonn (Rev 111195) Page 3 fII'( lrder No.' h1l3()41l71 1-1 '50 SCHEDlTLE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form desif.,'11ated on the [ace page of this Report would be as follows: ] . Prupe11y taxes. includmg: any as!',essments cullected with taxes, for the fiscal year 20m: -2()()l) I" lnstallment: Penalty: 2,,,1 Installment: Pcnalty and ellst: IInmcl1\\'ner:o. Fxemption: Code Area: Assessors Parcel Numher: $18,971. I] SUN7.]1 (Duc after December ]0) SI~.l)71.11 SJ.907.1 I (DUt: after April ]()) $none ()9]fl) 213-19Cl-()2 The lien of supplemental or escaped assessments of property taxes, If any, made pursuant to the provisions of Part 0.). Chapter 3.) or Part 2. Chapter 3, Articles 3 and 4 respectively (commencing with Section 7)) of the Revenue and Taxation Code of the State of Califomia as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction lKcurring prior to date of policy. An assessment hy the improvement district shown helow Series: District: For: Bond Issued: ./'.J)20U2-Cl I Carlsbad INFRSTR UCTllRE March 28. 2005 Said assessment is collected '"vith County/City property taxes. 3. A pending assessment for the District shown below. When notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land. District: Disclosed By: Recorded: 2002-01 (Poinsettia Lane East) City of Carlsbad May 5,2004 as Instrument No. 2004-0404548, of Official Records 4. A pending assessment for the District shown below. When notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land. District: Disclosed By: Recorded: Community Facilities District No.3 of the Carlsbad Unified School District Notice of Special Tax Lien April 26. 1994 as Instrument No, 1994-0277976. of Official Records Amendment to Notice of Special Tax Lien Annexation No.7 recorded December 4. 2001 as Instrument No. 2001-0886438, of Official Records. CLTA Preliminary Report Form (Rev 111/95) Page 4 SCHEDULEB (continued) Order No.: 603040711-U50 5. Water rights, claims or title to water, whether or not shown by the public records. 6. A document entitled "Community Facilities District No.1", executed by Lennar Bressi Ranch Venture, LLC, and the City of Carlsbad, subject to all the tenns, provisions and conditions therein contained, recorded December 11,1998 as Instrument No. 1998-0806517, of Official Records. Reference is hereby made to said document for full particulars. 7. The tenns and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded June 26,2003 as Instrument No. 2003-0760170, of Official Records. 8. The tenns and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded June 26, 2003 as Instrument No. 2003-0760171. of Official Records. 9. The tenns and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded June 26, 2003 as Instrument No. 2003-0760173, of Official Records. 10. Provisions of the dedication statement on the Map shown below, which offer the land herein described for future street or alley and restrict the use thereof. Map of: Affects: 14800 Town Garden Road, Astoria Drive, Paradise Road, and Cottage Drive, except at approved locations 11. Provisions, herein recited, of the dedication statement on the Map of: Provisions: 14800 Regarding Public improvements, facilities availability, maintenance responsibility, restricted sight distance corridors and geotechnical caution. Reference is hereby made to said document for full particulars. 12. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: CLTA Preliminary Report Fmm (Rev 111195) December 30, 2004 as Instrument No. 2004-01229628, of Official Records Page 5 SCHEDULE B (continued) Note: Section 12LJ:'i(1.1 of the govt.:rnment code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, dIsability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is vOId, and may be removed pursuant to section 12956.2 of the Government Code. Lov,:ful rcstrictiul1S under state amI federal law on the age of occupants in senior housing or housing for older perSllns shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document refem:d to abuve, California Law reljuire~ that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent. or association that provides a copy of a declaration, governing document. llf deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded documcnt or ducuments a statement. in at least 14-point boldface type, relating to unlawful restrictions. 13. The terms and provisions contained in the document entitled "Terms, Conditions, ProvisiOn!>, and Easements" recorded December 30, 2004 as Instrument No. 2()04-1229629, of Official Records. 14. The tern1S covenant and provision of an unrecorded option to purchased dated December 3U, 2004 Bressi Holdings, LLC. a California limited liability company as Optioner and Bressi Gardenlane, LLC. a Delaware limited liability company as Optionee as disclosed by a Memorandum thereof recorded December 30, 2004 as Instrument No. 2004-1229630, of Official Records. 15. A document entitled "Special Assessment District Disclosure Agreement", dated, Decemher ':W, 2()04, executed by City of Carlsbad, a municipal corporation and Bressi Gardenlane, LLC. a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded January 21, 2005 as Instrument No. 2005-00545C:~, of Official Records. 16. Rights of parties in possession of said land. Matters affecting the rights of said parties are not shown herein. 17. Matters which may be disclosed by an inspection or survey of said land or by inquiry of the parties of possession thereof. END OF SCHEDULE B CLTA Preliminary Report Fonn (Rev 111/95) Page 6 Order No.: 603040711-U50 INFORMATIONAL NOTES Note No.1: Your open order request indicates that a Limited Liability Company will be acquiring, encumbering or conveying real property in your transaction. Under the provisions of "'the California Limited Liability Act, effective September 30. 1994" the following will be required: 1. A copy of the Articles of Organization (and all amendments, if any) that has been filed with the Secretary of State. 2. The requirement that this Company be provided with a copy of the Operation Agreement. The copy provided must be certified by the appropriate manager or member that it is a copy of the current operating agreement. 3. If the Limited Liability Company is member-managed then this Company must be provided with a current list of the member names. JRS CLTA Preliminary Report Fomt (Rev 1/1/95) Page 7 CI-fl!lCO TITLE INSUR<\NCE COM. Fidelitv National Financial Group ofC'ompanies' Privacv Statement Jul~ 1, 2()()1 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state pnvacy laws. We believl' that making you aware of how we use your non-puhlic perxonal infom1ation ("Personal Information"), and to wlwm It IS Lhscloscd. will form the baxis for a relatIOnship of trust between us and the public that we serve. This Privacy ~tatell1ent provides that explanation. We reserve the right to change thiS Pnvacy Statement from lime tt) time consistent WIth applicable privacy laws. In the course of our business, we may collect Personal InfOl'mation about you from the following sources: • rrom applications ur other ftlrm!> we receive from you (If YL1ur authorized reprexentatlve: • rrPm your transactions WIth. or fI\lll1 the !>crvice!> bL'1l1g performcd by. u!>. our affiliate!> or othcrs: • From our Inten1et WL'h SIteS: • From the public rect)rds mUlI1tained by government entltlcs that \\'t" Wither obtain dm:ctly from thos(' entitle'>. ()r from our affihate!> llr ()thers: and • I rom C(ln..;umer pr (lther reptlrt1l1g agenc It'S Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information \\"e maintu1I1 phYSICal. electronic and prllcedural :-.afeguards ttl pwtect your Personal InfornmtlUn from unauthurli'ed acce..;" ,lr mtrusion. \\'e limit access to the Personal Information (lJ1ly to those emplt)yees whf> net·d such access 111 ,nnnectilln With providing products or service~ to you or for other legitimate busmess purposes. Our Policies and Practices Regarding the Sharing of Your Personallnformatioll \Ve may share your Personal Infom1atinn with our affiliates, such as insurance cnmpames. agents. and other rl'al estate settlement service pro\'luers. \V e may alstl disclose your Personal Infi."lrmatlOn: • To agents. brokers or representatives to provide you with sen'ICes you have requested: • To tlllrd-party contractors or sen'ice pnwidcr!> who pn~vlde sen'ices or perfonn marketing nr other functions on nur behalf: and • To others WIth whom we enter into joint marketmg agreements f(lr products or sen'ices that we helieve you may find of interest. In addition, we will disclose your Personal Information when your direct or give us pem1i!>sion, when we are n:qUlred hy law to do so, or when we suspect fraudulent or cnminal actinties. \Ve also may disclose your Perxonal Inforn1ation when othen\'ise permitted by applicable privacy laws such as, for eAample, when disclosure IS needed ttl enforce our rights an!>ing out of any agreement. transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out ttl whom your Personal Information has been disclosed. luso, certain states afford you the right to request correction, an1endment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (l 0-21-03) LIST Ola.NTED EXCEPTIONS ~LUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of. 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value \vithout knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: tal whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for he insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. In\'alidity or unenforceabiIity of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation offederaI bankruptcy, state insolvency or similar creditors'rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency wIlich may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights. interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 3. Easements. liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines. shortage in area. encroachments, or any other facts which a correct survey would disclose, and which are not sho\\<l1 by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Exceptions and Exclusions AMERICAN LAND TITL.CIATIOf' RESlDEf'TIAL TITLE IN.C'E POLICY (6-1-87) EXCLUSIONS In addition to the ExceptionR in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses rcsultmg from: I. Gowrnmt:ntal police power. and the existence or violation of any law or government regulation. This includes building ami zoning ordinances and also laws and regulations concerning: • land use • Improvements on tht: land • land divisic)J1 • environmental protet:tion Thi.., e:-..c!u..,ion dtlt:s not apply to vwlatlOns or tht: enft)rcement of tht'st: matter~ which appear m the public rt:l','rd~ at Pollcy Date. This exclUSion does not llmit the zoning coverage described in Items 12 and 13 of C()wred Title Risks fhe right ttl tab: the land hy condemnmg It. unless: • a notice of exerCising the right appears 111 tht· pubhl' records on the Pollcy Date • the taking happened pril)r tll the Plllicy Date ami is bmdmg on you if you hought the land Without kntl W1I1g tlf the tak1l1g 3. Title Rl';ks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Pohcy Date --unless they appeared in the puhlic records • that result in no loss to you • that first affect your title after the PCllIcy Date --thl~ dnes not lImit the Jabor and material lien clwerage 111 Itt:m X of Covered Title Risks 4. Failure tl' pay value for your tItle. S. Lack of a right: • to any land outSide the area specifically described ~U1d referred ttl 111 Item:' of Schedule A OR • in streets. alleys. or waterways that touch your land This exclusion does not limit the access coverage in Item S of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, cost, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed or you land 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss costs attorneYR' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use. if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. Exceptions and Exclusions CALIFORNIA LAND ~SOCIATION HOMEOWNER'S POL. TITLE INSURANCE (6/2/98) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. Ibis includes ordinances, laws and regulations concerning: a. Building b. Zoning c. Land use d. Improvements on Land e. Land division £ Environmental protection Ibis Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. Ibis Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17, or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. Ibis Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it. unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land 'without KnO\\ing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to YoU; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d. 22, 23,24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically descnbed and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. Exceptions and ExciusiOllS AMERK'A.D TITLE ASSOCIATJO]\; LOA]\; POL.I-17-92) WITH A.L T A ENDORSE!YIE]\;T -FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOClATlO]\; LE:\.SElIOLD LOA]\' POLICY (10-17-92) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE EXCLL'SIONS FROM COVERAGE The jt ,Ilowlng matter" are e:\.pressly c.'\.duded from the coverage of thl~ puhc!, ;1110 the Compan) will not pay h,~~ or damage. costs. attorne!,~' fee~ llf expense~ which ansc hy reason of: 1. (a) Any law. ordinance or governmental regubtHln (mcludmg hut not limltcd tel building and zOl11ng laws. l1rdinam:es. or rq!ulations) restricting. regulat1l1g. prohihiting or relating to (i) the occupancy. use. or enjoyment of the land; (ii) the character. d1l11en-;ions ur lucatlun "f any ImprllVCl11ent now nl" hereafter erected on the land: (iii) a separatIC1n 111 (1WnerSll1p or a change 111 the d1l11en-;1l1ns ,1r area uf the land or any parcel of which the land i~ or was a part; or (IV) en\'l[(l11J11ental protectwn. (1r the cffect of any viubtinn of the~e laws. ord1l1ance~ (1r governmental regubtl'1\1~. e:\.cept tll the extent that a n(1tlLT (If the enfllrcel11ent thereof ,1r a n,ltKe uf a defect. hen (1r encumbrance re-;ultll1g fr,'m a \'WbtHli1 ur alleged YI"btIUIl aiTect1l1g the bnd ha" heen recorded in the pubhc records at Date of Policy. , .' . I h I Any g"\'cmmcntal pul!L'e power nut excluded h) (a I ab\1\·c. e\.cept to the extent that a notice (,f the exerCIse thereof ,1r a nntice of a defect. hen or encumbrance resulting fTl1l11 a vIlllallon or alleged violatIOn affectlJ1g thc land has hcen rccurded 111 the publIc rceord~ at Date of PPlicy. Rights of eminent domain unless notice of the e:\.ercise thereof has heen recorded 111 the puhlic rec()rds at Date (11' Pohcy. hut not excluding from coverage any taking which has occurred pnor to Date of PolIcy whIch would he hIndin~ on the rights of a purchaser for value \vithout knowledge. Defecb. hens. encumhrances. adverse claims or lIther matters: (a) created. suffered. assumed or agreed to hy the insured claImant (h) not known to the Company. not recorded in the puhlic records at Date of Policy, hut knO\\l1 to the msured chumant and l1l)t disclosed In \\nting tl) the Company by the insured claimant pnor to the date the insured ..:lallnant hecame an msured under this pohcy; (c) resulting in l1l1 los~ or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy (except to the extent that thIS policy 1I1sures the pnority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent Insurance IS afforded herein as to assessments for street improvements under construction or completed at Date of Policy): or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure of any subsequent owner of the indebtedness. to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof. which arises out of the transaction evidenced hy the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services. labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Ex.ceptions and Ex.clusions AME.AND TITLE ASSOCIATION LOAN tilly (10-17-92) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE (Continued) 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to. the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not sho\\'ll by the records of such agency or by the public records. 2. Any facts, rights. interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, which are not sho\\'ll by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Exceptions and Exclusions AMERlCAl'i ~ITLE ASSOCIATIOl'i OW~ER'S PO.l0-17-9Z) and ,\\IEHIC\:\ I.,\:\D TITLE ASSO('IATIO~ LEASEHOLD OWNER'S POLlCY 00-17-(2) EXCLUSIONS FROM COVERAGE 111e followmg: matter~ urc expn.:ssly e\cluded from the coverage of this plllicy Jod the COl11pJny will not PJy los~ or damage. costs. attorneys' fcc, or C\pCrhe, which ,1fI~e hy fca,oo oj: tal .... n> 1.m, llnlIn,lncc or go\emment;JI rq!ul,nion I Including hut not limited hI huilding and /oniog \Jw;.. ofdin;Jnce,. or rcgulatlon~) restfietmg. Tegul,ltIng. prohihltlng or rdating to Ii) the occup;Jnt:~. usc. Of enjoyment of the land: Iii) the ehamcter. dimen~inn, Ilf lut:atlon of any imprul ement nOlI or herealicf efected on the land. I iIi) a ,epanltllln m 11wnefshlp or a change IIJ the dill1l:II,lorh ur are'! uf the land Of any parcel of which the land i, Of wa, a part. or I il') ern Ifunmental protection, or the l'ffect of ,my I IlII,llion of the,e 1,111',. ordinance, Uf governmcntal regulations. except III the extent th3t a notice of the cnfixccnIent thefeof Of a notic't' of ,! defect. lIen Of encumhfance n:,ultll1g frllnI a viol,ltllHI or alleged viol,ltion affeding thc land ha;. heen n:corded in thc puhlil' n:cord, ,It D,lte 01 Pohc> I h) An> gOI cnlmcnt.J1 pohce powef not excluded hy 1,1) al)()ve. c\cept tIl the extent that .J notice 01 the e\ercl"'e thereof Of a IIIltlCC "j J defect. lien or enc'umhr,lOce re,ultinj! li'om ,I vlolatioll ur ,tlkgcd I lolatllll1 affcctllJg the 1.J11l1 ha~ hecn recurdt:ll Ir1 thc !,uhhc rccord, ,It D,llc of PlllIc'~, RI~hb "f el11ll1l:nt d0111.l11J un Ie" lIotlce "I the e\erc'l,e thereol h.J' hcen recorded m the puhlIc record, ,it D,lll' Ill' robcy. hut nllt c\L'ludll1g ITOnl C:Illcr,lge ,111> t.Jkmg l\hlCh h.r' occurred prlllr til Date ofPulIc~ which \\lluld be hl11dl11t! on the right ... of ,\ pun:h,l,er lor \,.llue Without knn\\ ledge, (a) created. ~unered . .rssumed or .tgreed til hy the in,un:d claimant: (h) not knnwn \(l the Cnmpany. not recorded in the puhlic record:. at Date of Policy. hut known tl' the In,ure<.l c1alln.mt ,Illd not di~clo,ed in \ITHing tIl the Company by the lI1sured claimJnt prior tn the date the insured claimJnt became an lI1~ured under thi~ pulicy: (c) resultll1g 111 no 10"-or damage tll the in,ured dUlmant; I d) 3uaching or cre<!led ~ub~equent to Date (l1' Plllicy. or (c) re~ulting in lu,~ or dmnage whi<.:h wl)uld not han: heen ~ustJined if the in~ured claimant h.td p.rid v.tlue fllr thl' c,tate or interc,t lI1sured by this polley 4, An> daim. whi<:h an"es (lut llf the tr.rnsJetion H!sting In the Insured the estate or Interest m·;ured h\ thi ... pobey. hy re;IMl11 of the nper.1tinn pf feder JI hankruptcy. ,tate inslllvency. llr similar creditors' nght-. 1,1\\'s. that I~ hased on' t i) the tr.rn~act Illn cre,lting the estJte or mtere~t in~ured hy this pulicy heing deemed a fraudulent conveYJnce or fr.tudulent trJn,fer. Of t ii) the tran,acti(l!I creating the estate or interest insured hy thl' plllicy heing deemed a preferential tr,m,!'er e\cept \\ here the preferential tr,msfer re~ults from the failure: (a) to timel~ record the instrument of tran,fer; or (b) of slleh recordation tll impart notice t(l a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. III addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Instructions: EXCEPTIONS FROM COYERt\GE lliis policy docs not Ulsure against loss or damage (and the Company will not pay eosts. attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agcncy 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 un inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in arca, encroachments, or any other fucts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Exceptions and Exclusions , . ALTA E.D COVERAGE RESIDENTIAL LO.ICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws. ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, Hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPoHcy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice ofa defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created. suffered, assumed or agreed to by the insured claimant; (b) not known to the Company. not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the insured has knowledge that the vestee shoVl'Il in Schedule A is no longer the OVl'Iler of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are knOVl'Il to the insured at: la) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure. or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the v;olation appears in the Public Records at Date of Policy. Exceptions and Exclusions 00 11 III 0.111 III 0 11 11 .. .... 'tI ~~ '-Its ..... ... til n PI ~ : III .... ts III .,.1£1 .. 0 [J :i PI o .,. ! ~ ~ ~ \II o '"" 10 , ; &_1\OfCA Il3 C£N£RN. U1IJ1Y AND A= fASD([Nr GRAH1EI> lERCai (5££ SI£lT 7) d:I_1\OfCA1l3 RnlllC1EI> SlCHr IJSrANCE CI*IlOR NIfA (sa: nI'£ I NOre NOre aI SHEll J) lMC /lArA NO. U L2 LJ U L5 u BCARING NOr" Y NO.J~r .. " _~'5<Y HIO".'"" HIO".'2Z" H10'OZ'22 .. ! , IJSr.wcc Zf.<3 1IO.t.1 51," fl.U' '7." Jl.U GRAPHIC SCALE 'S3:>N'VNIOHO ~Nla1lna HO NOISlAlOanS 1'V:>01 H!IM A 1dWO:> .LON A'VW S13:>H'Vd ·NMOHS'V.L'VO 3H.L ~O A:>'VHn:>:>'V 3H! HO~ o3wnss'VMAP CARLSBAD TRACT CT 03-03 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BRESS! RANCH ---, ,J .., ---..I .I--' \ \ \ )\ 1 ~ r' \ CD 'i' \ L __ I ARCA: 5.689 ACRES '"' --, IAREA NET: ".J7J ACRES~ \ (SEE SHEET 4) ? \ ? .., " I 1 1 & I r --"\...JLJLJ" "'"'LJLr--"""L..A...rJ \ \ 1 _~'5fy.za'" mn' ~' -I \ "Htf'5Z'5f't ... _1... ell t:. .--::.,-=-~~ _ ~___ _ TOWN GARDEN ~, \. • .,;,2'5<"£ 210.59' -....---.. 1"'-' •. 0/ 1 z ~ 1.'\ ROAD •.• _, :: \~ ().~IIi."v""""""Hff,'!JfJ,,z:Ji~ Cf ~1 ~. JO'n ~ JO' ~= ~ ~~.~~ ~_1:_ SUfIOMSION -' ~ 101 ~ t\.. 102 ~ ~ 103 j-. ~ ._-- ::5 104 '<l' ~--- 105 j-. I.:l --- j-. I.:l ~ 106 g: ~ ~ CT.j -~i~ !\~ l:; ~ "-~\ ~ :;;1 r.!.~ ~(H 0 PI i\ i~--'OIJ(J5; ~I 8 r f .. JO' t JO' I~ \~ ---,~ \! .'" _ _, .... _N!Y1!'56 __ ,!~, ~ ,~~ ,-,,?Y ~i:!1 ,:J. \ ~ I '" ,~ -\ 21].9t 2 AA£A: 2.502 ACRES 76J.~2'_ --::-:-; \ ii !I, ~ ~ ~ ~. __ ~-g'f!1f1!l n '!i o \~. .N 3 AREA; 1.V52 ACRES If P""w-.-___ ~ .5? '''J7<'ii'j" ---...,ki" L _ No".::': ___ --.. ~... ( \ (IN nET) t5 5.(X)"--~~-~ ~ '\ \ I IDoIl -GO It. _ • P.I. \ .~j .: 1211 50 B7 100 ~ ___ ~ I !:; ~ <:r t I 163 '·50.10' \ 0 ~ itt 126 \ I ....... -\ ~o \ ~ r--r--\" -~ 120 \ 121 122 \ 123. \ 124 '. 126 \ 126 ~\ ~ t CARLSBAD TRACT CT 02-14 UNIT 2 MAP NO.J411e IA PR01BcrDBSIGN OHvLTAN18 P&.-.--.._ ...... ,(B .......... -.... · •.• ...,.. ..... "'"' .... ,. .. 11~.111'U "This plat is for your aid in locating your lanr:l \Vlth r-.>fenmce to streets and other par- cels. While this p;at is believed to be cor- rect, the Cor .. pany a:;sumes no liability for auy kxlz OCC'.ll-;.nrz by reason of reliance thereon." NO . 14800 \ SHEET 5 OF 9 SHEETS ~ ~\ ~ .. ~ ~ @ . AREA.: 14.IS4 ACRES (SEE SHEET t) 1jM5Z,n 2tf.az' 4 AREA: 1.168 ACRES (SEE SHEET t) ~51.11 ~ \ \ 132 \ 133 \ 134 \ 136 \ CITY OF CARLSBAD CT 03-03 CAIElIINA COORDINAl[ HlEX t25-1'" NOISE REPORT SUBMITTAL FORM Exhibit VI-4 Acoustical Analysis Report Project No. Type of Acoustical No.: Analysis Report Project Address: ( ) Feasibility Noise Report (Street Address/Tract No.} ( ) One-Step Complete Noise N~gaard Street Report APN: 2l3-190-02 ( ) Phased Noise Report (X ) No report necessary. The project will satisfy all City of Carlsbad noise exposure limits without a formal analysis and repgp. Explanation: Th1s proje is consistent with the Bressi Ranch Master Plan and introduces no new significant environmental effects be~ond the Bressi Ranch Ma~te~ Plan EIR 98-04 Certified July 9 2 2003. This submittal is for: liw§~ R~~i&li!2n ( ) Topography Modification ( ) Tentative TractJParcel Map Approval ( ) Berming ( ) Issuance of Grading Permits: MassJPrecise ( ) Berm/Wall Combination ( ) final Map Recordation ( ) Freestanding Sound Wall ( ) Issuance of Building Permits ( ) Patio Walls ( ) ( ) Balcony Walls ( ) ( ) Upgraded Windows ( ) Mechanical Ventilation ( ) None required __ 3 copies of Noise Report (one with computer calculations __ copy of project floor plans (1" = 40' minimum scale) copy of project plot plan (1" = 40' minimum scale) folded in 8 % x 1 1 or 8 % x 14 format. Contact for Information/Clarification: at Kevin Moriarty at 858-565-4424 Y1f-~!PF ~Nart::JA (Phone No.) Date: Submitted by: If STATEMENT OF ACOUSTICAL CONSULTANT All information and calculations contained herein are true and correct to the best of my knowledge. The project is designed to meet existing acoustical requirements as determined by the City of Carlsbad. I have supervised the preparation of this noise study. I am a City/County Certified Acoustical Consultant. Date: Signed: FOR CITY USE ONLY Submittal received and accepted for review: Date: By: Acoustical Report reviewed and additional information requested: Date: By: Acoustical Report accepted as complete and adequate: Date: By: J-1 • • BRESSI RANCH ASSISTED LIVING FACILITY Environmental Determination: It is assumed by the Applicant that any requirements of the environmental determination for the Bressi Ranch Assisted Living Facility either have been fulfilled by the Bressi Ranch Master Plan ElR 98-04, or will be a condition of approval. Attached Planning Commission Resolutions No. 6270, 6271, and 6272, state that our original 86-unit, II-bed Continuing Care Facility project is a subsequent activity of, and consistent with the Bressi Ranch Master Plan. It was also determined that the Continuing Care Facility project introduces no new significant environmental effects, and that all feasible mitigation measures have either been completed, incorporated into the project design or are required as conditions of approval; therefore a Subsequent ElR or Supplemental ElR is not required. The Bressi Ranch Master Plan ElR 98-04 was certified by the City Council on July 9, 2002. Because our newly designed Bressi Ranch Assisted Living Facility project is significantly smaller in size than the original and is also consistent with the Bressi Ranch Master Plan, we feel the Planning Commission will determine the same findings for our Bressi Ranch Assisted Living Facility. '.' • • BRESSI RANCH ASSISTED LIVING FACILITY Environmental Determination: 23. Solid waste generated by construction activities and by ongoing daily operations will be collected in appropriate refuse bins and enclosures, and hauled away by contracted service providers. 25. Alterations of existing drainage patterns have been addressed in the Bressi Ranch Master Plan EIR 98-04 and will be further detailed in the Hydrology Study and the Stonn Water Management Plan. 27. A portion of the site consists of filled land. Soil reports and as-graded reports are on file. 32. The Bressi Ranch Master Plan has designated this site for up to 200 "Assisted Care" units in mixed-use Planning Area 15. The site is currently vacant land with no existing structures and gently slopes down to the West. Soil stability, plants and animals, and any cultural, historical, or scenic aspects have been addressed in the previous geotechnical reports and the Bressi Ranch Master Plan EIR 98-04. It is assumed by the Applicant that any requirements of the environmental determination for the Bressi Ranch Assisted Living Facility either have been fulfilled by the Bressi Ranch Master Plan EIR 98-04, or will be a condition of approval. Attached Planning Commission Resolutions No. 6270, 6271, and 6272, state that our original 86-unit, II-bed Continuing Care Facility project is a subsequent activity of, and consistent with the Bressi Ranch Master Plan. It was also determined that the Continuing Care Facility project introduces no new significant environmental effects, and that all feasible mitigation measures have either been completed, incorporated into the project design or are required as conditions of approval; therefore a Subsequent EIR or Supplemental EIR is not required. The Bressi Ranch Master Plan EIR 98-04 was certified by the City Council on July 9, 2002. Because our newly designed Bressi Ranch Assisted Living Facility project is significantly smaller in size than the original and is also consistent with the Bressi Ranch Master Plan, we feel the Planning Commission will determine the same findings for our Bressi Ranch Assisted Living Facility. 32. The surrounding neighborhood is consistent with the Bressi Ranch Master Plan. Plants and animals, and any cultural, historical, or scenic aspects have been addressed in the Bressi Ranch Master Plan EIR 98-04. To the North is a residential two-story affordable housing project with typical landscaping. To the West and the South are two-story single family homes with typical landscaping. To the East is the Bressi Ranch Village Green Community Park.