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HomeMy WebLinkAboutMP 02-03D; Robertson Ranch PA 17; Planned Unit Development - Non-Residential (PUD)/4~~~.'· "' ""'' j' ~:CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits 0 Administrative Permit 0 Coastal Development Permit(*) 0 Minor 0 Conditional Use Permit(*) 0 Minor 0 Extension 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Minor 0 Hillside Development Permit(*) ~ Planned Development Permit ~Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan 0 Special Use Permit 0 Tentative Tract Map/Parcel Map 0 Variance 0 Administrative (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) PV~6b~B 0 General Plan Amendment 0 Local Coastal Program Amendment (*) 12( Master Plan 0 Specific Plan 0 Zone Change (*) ~Amendment 0 Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit D Administrative D Minor 0 Major Village Review Area Permits 0 Review Permit D Administrative 0 Minor D Major (*) = eligible for 25% discount MP 0~-o!>D NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. LOCATION OF PROJECT: ON THE: (NORTH, SOUTH, EAST, WEST) BETWEEN Co~l~~e.- (NAME STREET) P-1 SIDE OF AND STREET ADDRESS c (J...."'-..IA.. (JYV (NAME OF STREET) (NAME OF STREET) Page 1 of 6 Revised 11/12 • • OWNER NAME (Print):~kv~ fA l/ LL APPLICANT NAME (Pnnt):~0 ~ lc-k- MAILING ADDRESS: \ z Sfp 5 i5\~ 't::e_lAJ,Q.r u:Mf;!.~ MAILING ADDRESS: '15 e\ ~tr ~~ \&tz,~ CITY, STATE, ZIP: ~J Mar c>s,_ 4 ~ ( 'i CITY, STATE, ZIP: .$.o..W£ OL~ OI...J...IV.-fl.r TELEPHONE: Q-$; ~ Lf<6(-~ 500 TELEPHONE: EMAIL ADDRESS: -\-W\~\..u2 \::J.roo~ ~, EMAIL ADDRESS: . C'Ovll'- APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: 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 TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE I~ 31-13 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. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON E TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND D A lr' SUCCES INTEREST. FOR CITY USE ONLY P-1 Page 2 of 6 RECEIVED FEB 0·1 2013 CITY OF CARLSBAD PLANNING 01\/l~lnN DATE STAMP APPLICAirc5rlr'~~VED Revised 11/12 • DISCLOSURE STATEMENT P-1 (A) • Development Services Planning Division 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 completed. Please print. ~~= ·.· . . Person is defined as "Any individual, firm, co-partnership, joint venture, as~oc:;iati()n, sodat:clu~,fratemal organiz~tion, corporation, estate, trust, receiver, syndicate, in this and any otne~,;p<;)unty, city aog ~~pty, city mun1cipallly, district or other political subdivision or any other group or combiliatioracting as:~;~plf" Agents may. ~ign this document; however, the legal name and entity of the applicant,~ndproperty 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N \A Corp/Part '6'f(SO'c,fccl ~\ Mar-Bu-,l&vsJ ~..c.. Title Title_.~~.;.._.s.._.t_'l~f ________ _ Address Address \2.-~loS"\">~W Mru--w~~ ..:lo o \:)e.. L fVv.ur.. CA ~ ::LO I { 2. OWNER (Not the owner's agent) P-1(A) 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person tJ \J).. Corp/Part ~¥-G<J~~AsCM--'?f. \1 L\...c..., Title Title_;As~s~*-"-=-f'.!...._ _______ _ Address Address \"2-~loS ~'\'n!e_ ~ f..r.tt, ~ 1t ..)..0 0 bL'-('{\a.,-C).. '1~ \f Page 1 of 2 Revised 07/10 • • 3. NON-PROFIT ORGANIZA TJON OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfiUTrust W \A Non ProfiUTrust _________ _ Title ___________ _ Title _____________ _ Address. __________ _ Address. ____________ _ 4. 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? D Yes 0 No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 & ~ CITY OF CARLSBAD PROJECT NAME: APPLICANT NAME: • PROJECT DESCRIPTION P-1(8) Robertson Ranch PA 17 Brookfield Del Mar Builders, Inc. • Development Services Planning pivision 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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: ., ' . Planning Area 17 is a project that consists of 109 single-family detached homes on 5,000 square foot lots in the Master Planned Community of The Foothills, originally known as Robertson Ranch East Village. This project was original approved under CT 04-26, PUD 06-13. Since the time the project: was originally approved in 2006, Planning Areas 15, 16, 18 and 21 have been developed and are nearly sold out. Through the selling process in this community, the builder has become more knowledgeable about the wants and needs of buyers wanting to purchase in this area. Time also changes desirability of design. It was originally thought that many buyers were seeking a single-story floor plan, however we have learned that most of these likely buyers want a home that provides the advantages of single-story living while still giving them a separate space upstairs for guests, storage or pastimes that are better separated from daily activity. We are therefore asking that the Robertson Ranch Master Plan be amended in this case to require a minimum of 10% single story homes and 15% modified single story homes, to match Policy 44. We are also asking to add a Plan 4 to the project so that we have a larger variety of homes to offer our potential buyers to match their various lifestyles and needs. We will be abiding by all Policy 44 guidelines with the addition of this plan. CLTA Preliminary Report Form (Rev. 11/06) Order Number: NHSC-4256393 (06) Page Number: 1 This report has been amended/updated to reflect the following matters: [ ] No changes made to the report other than the Effective Date [ ] Property address has been revised [ X ] Vesting has been revised [ ] Legal Description has been revised [ X ] Taxes have been updated [ ] Original item number(s) have been removed [X] New item number(s) 1 have been added [ X ] Original item number(s) 1a and 29 have been revised [ X ] Other: Informational Notes: Item No. 2 have been revised First American Title Order Number: NHSC-4256393 (06) Page Number: 2 Updated 01-22-2013 First American 1itle First American Title Company Teri McHugh Brookfield Homes 12865 Pointe Del Mar Del Mar, CA 92014-3860 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Property: 4380 La Jolla Village Dr, Suite 200 San Diego, CA 92122 PA-17/Palo Verde NHSC-4256393 (06) Dianne Livingston (858)410-1303 (866)559-1843 dslivingston@firstam.com Vacant Land Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of e1ther 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 Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the 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. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. First American Title Order Number: NHSC-4256393 (06) Page Number: 3 This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Hrst American Title Dated as of January 17, 2013 at 7:30A.M. Order Number: NHSC-4256393 (06) Page Number: 4 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: BROOKFIELD ROBERTSON PA 17 LLC, A DELAWARE UMITED LIABILITY COMPANY The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. 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: 1. General and special taxes and assessments for the fiscal year 2013-2014, a lien not yet due or payable. 1a. Taxes and assessments. Report to follow. Please verify before closing. 2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 91-0236959 of Official Records. 3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 2003-01, as disclosed by Notice of Special Tax Lien recorded September 17, 2003 as Instrument No. 2003-1140382 of Official Records. 4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 3, as disclosed by Notice of Special Tax Lien recorded November 13, 2003 as Instrument No. 2003-1369961 of Official Records. 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Arst American Title Order Number: NHSC-4256393 (06) Page Number: 5 6. An easement for the privilege and right to extend drainage structures, excavation, embankment slopes beyond the limits of Road Survey 682 where required for the construction and maintenance of said highway and incidental purposes, recorded June 12, 1936 Book 521, Page 230 of Official Records. In Favor of: Affects: County of San Diego The land The location of the easement cannot be determined from record information. 7. An easement for utilities and incidental purposes, recorded March 31, 1945 Book 1843, Page 398 of Official Records. In Favor of: Affects: WilliamS. Kelly, also known as W.S. Kelly and Lavinia J. Kelly, husband and wife The land The location of the easement cannot be determined from record information. 8. The terms and provisions contained in the document entitled Carlsbad Islands Annexation recorded April 30, 1987 as Instrument No. 87-236215 of Official Records. 9. The terms and provisions contained in the document entitled "Memorandum of Agreement Regarding Conveyance of Easement" recorded November 30, 2001 as Instrument No. 2001- 0876730 of Official Records. Executed by and between Everett T. Robertson and Virginia K. Robertson, Trustees of the Robertson Family Trust dated April 19, 1995; Virginia K. Robertson, Trustees under Declaration of Trust dated October 8, 1976; Virginia K. Robertson as Trustee of the Elsie M. Kelly Irrevocable Trust dated June 19, 1989 and Calavera Hills II, LLC, a California Limited Liability Company. 10. The terms and provisions contained in the document entitled "Hold Harmless Agreement for Drainage" recorded April 21, 2003 as Instrument No. 2003-0458844 of Official Records. 11. The terms and provisions contained in the document entitled "Agreement for Uncontrolled Stockpile" recorded May 12, 2003 as Instrument No. 2003-0552048 of Official Records. 12. The terms and provisions contained in the document entitled "Special Assessment District Disclosure Agreement" recorded October 6, 2003 as Instrument No. 2003-1229942 of Official Records. 13. A deed of trust to secure an original indebtedness of $52,200,000.00 recorded December 26, 2006 as Instrument No. 2006-0911253 of Official Records. Dated: December 20, 2006 Trustor: Calavera Hills II LLC, a Delaware limited liability company Trustee: American Securities Company, a California corporation Beneficiary: Wells Fargo Bank, National Association The above deed of trust states that it is a construction deed of trust. Affects: The land and other property. First American Tttle Order Number: NHSC-4256393 (06) Page Number: 6 A document recorded February 22, 2007 as Instrument No. 2007-0119541 of Official Records provides that the above document was subordinated to the document recorded February 22, 2007 as Instrument No. 2007-0119540 of Official Records. A document recorded June 8, 2007 as Instrument No. 2007-0388773 of Official Records provides that the above document was subordinated to the document recorded June 8, 2007 as Instrument No. 2007-0388777 of Official Records. A document recorded June 8, 2007 as Instrument No. 2007-0388774 of Official Records provides that the above document was subordinated to the document recorded June 8, 2007 as Instrument No. 2007-0388776 of Official Records. A document recorded June 8, 2007 as Instrument No. 2007-0388775 of Official Records provides that the above document was subordinated to the document recorded June 8, 2007 as Instrument No. 2007-0388778 of Official Records. A document recorded March 3, 2008 as Instrument No. 2008-0110896 of Official Records provides that the above document was subordinated to the document recorded March 3, 2008 as Instrument No. 2008-0110895 of Official Records. A document recorded August 12, 2008 as Instrument No. 2008-0431954 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded July 17, 2009 as Instrument No. 2009-0393668 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded October 09, 2009 as Instrument No. 2009-0562832 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded March 2, 2011 as Instrument No. 2011-0114354 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded July 28, 2011 as Instrument No. 2011-00383358 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded August 17, 2011 as Instrument No. 2011-0421884 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded August 29, 2012 as Instrument No. 2012-0517589 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. 14. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed by a document recorded December 26, 2006 as Instrument No. 2006-0911253 of Official Records. 15. The terms and provisions contained in the document entitled Memorandum of Management and Funding Agreement executed by and between calavera Hills II, LLC, a California limited liability company and Center for Natural Lands Management, a California public benefit nonprofit corporation recorded February 22, 2007 as Instrument No. 2007-0119539 of Official Records. First American Title Order Number: NHSC-4256393 (06) Page Number: 7 16. The terms and provisions contained in the document entitled Notice of Restriction on Real Property recorded March 27, 2007 as Instrument No. 2007-0205918 of Official Records. 17. The following matters shown or disclosed by the filed or recorded map referred to in the legal description: Sight Distance Corridor No structure, fence, wall, tree, shrub, sign or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards. Owner is responsible to maintain this condition. Affects: Lots 1, 2, 3, 70, 72 18. An easement shown or dedicated on the Map as referred to in the legal description For: Public Roads and Public Utilities and incidental purposes. 19. An easement for public utilities and incidental purposes, recorded October 4, 2007 as Instrument No. 2007-0645601 of Official Records. In Favor of: Affects: San Diego Gas & Electric Company, a corporation Lots 101 through 105 20. An easement for public utilities and incidental purposes, recorded February 15, 2008 as Instrument No. 2008-0080467 of Official Records. In Favor of: Affects: San Diego Gas & Electric Company, a corporation The land 21. The terms and provisions contained in the document entitled Notice of Restriction on Real Property recorded February 27, 2008 as Instrument No. 2008-0100034 of Official Records. 22. An easement for public street and public utilities and incidental purposes, recorded March 3, 2008 as Instrument No. 2008-0110895 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation The land 23. The terms and provisions contained in the document entitled Hold Harmless Agreement recorded April 15, 2008 as Instrument No. 2008-0199439 of Official Records. 24. The terms and provisions contained in the document entitled Hold Harmless Agreement recorded April 15, 2008 as Instrument No. 2008-0199440 of Official Records. 25. The terms and provisions contained in the document entitled Hold Harmless Agreement recorded April 15, 2008 as Instrument No. 2008-0199442 of Official Records. 26. The terms and provisions contained in the document entitled Permanent Stormwater Quality Best Management Practice Maintenance Agreement recorded May 12, 2008 as Instrument No. 2008- 0254600 of Official Records. 27. The terms and provisions contained in the document entitled Encroachment Agreement recorded May 20, 2008 as Instrument No. 2008-0271504 of Official Records. First American Title 28. Rights of parties in possession. Order Number: NHSC-4256393 (06) Page Number: 8 Prior to the issuance of any policy of title insurance, the Company will require: 29. With respect to Brookfield Robertson PA 17 LLC, a Delaware limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. 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, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the 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. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require First American Tttle Order Number: NHSC-4256393 (06) Page Number: 9 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. For purposes of policy issuance, items 14 may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer. The map attached, if any, may or may not be a survey of the land depicted hereon. First American 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 title insurance policy, if any, to which this map is attached. Hrst American Tttle Order Number: NHSC-4256393 (06) Page Number: 10 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 1 THROUGH 43, INCLUSIVE, 64 THROUGH 88, INCLUSIVE, 100 THROUGH 116, INCLUSIVE, 141 THROUGH 159, INCLUSIVE, 190 THROUGH 194, INCLUSIVE, OF CARLSBAD TRACT NO. 04-26, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 15682, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 2008, TOGETHER WITH PORTIONS OF GLEN AVENUE AND HILLTOP STREET AND ALL OF FOUR PEAKS STREET, BUCK RIDGE AVENUE, NORTH FORK AVENUE, PERALTE STREET, ALANDER COURT, CASCADE STREET, MASTODON COURT, BERGEN PEAK PLACE, OCALA WAY, ARAPAHO PLACE AND RAMSEY WAY ADJACENT THERETO AS SHOWN ON SAID MAP. APN: 168-370-01 through 168-370-19 (Lots 1 through 19), 168-371-01 through 168-371-15 (Lots 20 through 34), 168-370-20 through 168-370-28 (Lots 35 through 43), 168-370-49 through 168- 370-57 (Lots 64 through 72), 168-371-16 through 168-371-31 (Lots 73 through 88), 168-372-12 through 168-372-28 (Lots 100 through 116), 168-372-53 through 168-372-62 (Lots 141 through 150), 168-370-58 through 168-370-66 (Lots 151 through 159), 168-370-77 through 168-370-81 (Lots 190 through 194) First American Title NOTICE Order Number: NHSC-4256393 (06) Page Number: 11 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. Rrst American Title EXHIBIT A Order Number: NHSC-4256393 (06) Page Number: 12 LIST OF PRINTED EXCEPTIONS AND EXClUSIONS (BY POliCY TYPE) ClTA/AlTA HOMEOWNER'S POLICY OF TinE INSURANCE (02-03-10) 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 those portions of any law or government regulation concerning: (a) building; {d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk B.a., 14, 1S, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether 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, B.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 AlTA RESIDENTIAl TinE INSURANCE POliCY (6-1-87) EXClUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. First American Title Order Number: NHSC-4256393 (06) Page Number: 13 This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) 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: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date--unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POUCY (06-17-06) 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 (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. (b) Any governmental police power. This Exclusion 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, 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 (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 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 protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights 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 Title for real estate taxes or assessments 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 ll(b). The above policy form 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 Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that may result in taxes or First American Title Order Number: NHSC-4256393 (06) Page Number: 14 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 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 Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title 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 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) 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 (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 l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(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, 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 (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 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 assessments 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 Public Records that vests Title as shown in Schedule A. The above policy form 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 Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 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 Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title 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 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. First American Title ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) 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 (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), 13(d), 14 or 16. (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 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 (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 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 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 protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(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 Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights 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 27(b) of this policy. First American Title ~I """ First American 1itle Privacy Information 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 w~h such information -particularly 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 w~h our subsidiaries 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 that you provtde 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 ent~. First 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. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Informatk>n we receive from you on applications, forms and in other communtcations 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 leg~imate business purposes and not for the benef~ 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 qual~ control efforts or customer analysis. We may also provide all of the 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 ccmpanies. Furthennore, 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 finandal institutions w~h 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 ent~ieS who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance w~h this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply w~h federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sens~ive to privacy issues on the Internet. We believe ~ is important you know how we treat the information about you we receive on the Internet. In general, you can vis~ First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our s~e. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information w~h us, we will only use ~ in accordance w~h the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' s~es may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other s~es. Cookies Some of First American's Web s~es may make use of "cookie" technology to measure s~e activ~ and to customize information to your personal tastes. A cookie is an element of data that a Web s~e can send to your browser, which may then store the cookie on your hard drive. FirstAm.corn uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and producbve Web s~e experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We acbvely support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lllllllll~llllllllllll~llllll~lllllllllllllllllllllllllllll Applicant: MCHUGH TERI Description Amount MP02003D 1,609.00 Receipt Number: R0093492 Transaction ID: R0093492 Transaction Date: 02/05/2013 Pay Type Method Description Amount Payment Check 1,609.00 Transaction Amount: 1,609.00 City of Carls~ Faraday Q.enter Faraday Cashiering 001 1303601-2 02/05/2013 98 • Tue, Feb 05, 2013 03:26 PM Receipt Ref Nbr: R1303601-2/0050 PERMITS -PERMITS Tran Ref Nbr: 130360102 0050 0061 Trans/Rcpt#: R0093492 SET #: MP020030 Amount: Item Subtotal : Item Total: ITEM(S) TOTAL: Check (Chk# 13300055) Total Received: I I Have a hice, day! \ 1 @ $1 ' 609 . 00 $1,609.00 $1,609.00 $1 ,609.00 $1 ,609.00 $1,609.00 *****~********CUSTOMER COPY************* ~ E.est J. Dronenburg, J- couNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 *Fax (619) 557-4056 www .sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * C5Q. ___ .. Tel. (619)237-05 rrv~CA~_Sf3AD Transaction#: 294225620130506 Deputy: HAYUYAO MAY OG 2013 PLANNING LltF,AR i ME~ iT Location: COUNTY ADMINISTRATION BUILDING 06-May-2013 17:08 --------··-····-- FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref# 20130348 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death! Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www .sdarcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents f • State of California-The Resources Agency DEPARTMENT OF FISH AND WILDLIFE 2013 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD COUNTYISTATEAGENCY OF FILING SAN DIEGO PROJECTTITLE ROBERTSON RANCH PA 17 PROJECT APPLICANT NAME BROOKFIELD DEL MAR BUILDERS INC PROJECT APPLICANT ADDRESS 12865 POINTE DEL MAR WAY SUITE 200 PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency 0 School District CHECK APPLICABLE FEES: 1ZJ Environmental Impact Report 0 Negative Declaration CITY DEL MAR 0 Other Special District 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Program [ZJ County Administrative Fee 0 Project that is exempt from fees 0 Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other------------------- PAYMENT METHOD: 0 Cash 0 Credit 1ZJ Check O Other 13300106 SIGNATURE A. Ayuyao REM: 11/16/2006 RCT: 278874 • RECEIPT# SD2013 0348 STATE CLEARING HOUSE#(IIapplicabte! 2004051039 STATE CA 0 State Agency $2,995.25 $2,156.25 $850.00 $1,018.50 $50.00 $ $ $ $ $ DATE 05/06/2013 DOCUMENT NUMBER *20130076* PHONE NUMBER 858/481-8500 ZIP CODE 92014 [ZJ Private Entity $0.00 $50.00 $ _______ _ TOTALRECEIVED $ _____ $.:....5_0_.0_0_ 11111111111111111111111111111111111111111111111111 ORIGINAL· PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY -COUNTY CLERK FG 753.5a (Rev. 7/08) • • <# Notice ofDete .. ination • To: Office of Planning and Research P.O. Box 3044 From: CITY OF CARLSBAD Planning Division Sacramento, CA 95812-3044 1635 Faraday Avenue SD County Clerk Attn: Jennifer Samuela Mail Stop A-33 Carlsbad, CA 92008 fr; ~ IL [t: [!j (760) 602-4600 !meetJCRlnenbur;,Jr. Recorder County Cieri( MAY _U 6 2013 ev_H_._A-:::y=uy~a~o Project No: MP 02-03(D)!PUD 06-13(B) DePUTY Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. 1600 Pacific Highway San Diego, CA 92101 Robertson Ranch P A 17 Project Title 2004051039 State Clearinghouse No. City of Carlsbad, Chris Garcia Lead Agency, Contact Person (760) 602-46~ Telephone Number North of Cannon Road, west of College Boulevard, in Planning Area 17 of Robertson Ranch Master Plan, City of Carlsbad, San Diego County. Project Locations (include County) Name of Applicant: Brookfield Del Mar Builders, Inc. Applicant's Address: 12865 Pointe Del Mar Way, Suite 200, Del Mar, CA 92014 Applicant's Telephone Number: 858-481-8500 Project Description: A Master Plan Amendment to reduce the percentage of single-story homes required and a Planned Development Permit Amendment to revise the building elevations and plotting for the development of 109 single-family detached homes. This is to advise that the City of Carlsbad has approved the above described project on May 1, 2013, and has made the following determination regarding the above described project. 1. The project will have a significant effect on the environment. 2. D An Environmental Impact Report (EIR) was prepared for this project pursuant to the provisions of CEQ A. D A Negative Declaration was prepared for this project pursuant to the provisions of CEQ A. 1:83 This project was reviewed previously and an EIR was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was adopted for this project. 6. Findings were made pursuant to the provisions of CEQ A. This is to certify that the final Robertson Ranch Master Plan Environmental Impact Report, EIR 03-03, with comments and responses and record of project approval is available to the cfet\eral ~~ at THE CITY OF CARLSBAD. ~Lfau ~2-lJ DON NEU, City Planner Date Date received for filing at OPR: Revised 04/12 ,----------------------------------------------• PROOF OF PUBLICATION (2010 & 2011 C.C.P.} STATE OF CALIFORNIA County of San Diego rlrt"7.~M of the United States and a resident am over the age of or interested in nronron-:> clerk ... nrnAin . as the Blade-Citizen and The ~~~Atrt\/t'll";:)1rP.· ·and which newspapers have been :;ncarceo. newspapers of general circulation by • ..,.~,..,,,.... .. Court of the County of San Diego, · · Catifornia, for the City of Oceanside and ()f .Escondido, Court Decree number . 'for the County of San Diego, that the i<;:h the annexed is a printed copy (set .smaller than nonpariel), has been ·~itch regular and entire issue of said . supplement thereof on BEST COPY 4'f~A_ CITY OF ~PCARLSBAD • FILE COPY c..f·/7·13 Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, May 1, 2013, to consider a request for the following: CASE NAME: MP 02-03(D)/ PUD 06-13(B)-Robertson Ranch PA 17 PUBLISH DATE: April19, 2013 DESCRIPTION: Request for approval of a Master Plan Amendment to reduce the percentage of single- story homes required and a Planned Development Permit Amendment to revise the building elevations and plotting for the development of 109 single-family detached homes within Planning Area (PA) 17 of the East Village of the Robertson Ranch Master Plan, generally located north of Cannon Road and west of College Boulevard in Local Facilities Management Zone 14. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/cityhall/meetings/Pages/meeting-videos.aspx on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Chris Garcia in the Planning Division at (760) 602-4622, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10} calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION ® _.if~.A_ CITY OF ~rCARLSBAD • • FILE COPY o>·&l·13 Community & Economic Development www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: Robertson Ranch PA 17 PROJECT NUMBER: MP 02-03(D)/ PUD 06-13(8) This early public notice is to let you know that a development application for a Master Plan Amendment and Planned Development Permit Amendment project within your neighborhood has been submitted to the City of Carlsbad on February 1, 2013. The project application is undergoing its initial review by the City. LOCATION: Planning Area 17 of Robertson Ranch. Generally located north of Cannon Road between Wind Trail Way and College Blvd. PROJECT DESCRIPTION: A request to add a 3,680 square foot plan 4 to Planning Area 17, change the plotting of the 109 homes and to amend the Robertson Ranch Master Plan to reduce the amount of one-story homes required in Planning Areas 16, 17 and 18. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Chris Garcia, Junior Planner at Chris.Garcia@carlsbadca.gov, 760-602-4622, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. I ® • • CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: CD 12-16/ PUD 06-13(A) BUILDING ADDRESS: ROBERTSON RCH PA 17 PROJECT DESCRIPTION: RESIDENTIAL DEVELOPMENT OF 109 SFD ASSESSOR'S PARCEL NUMBER: 168-370/371/372 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: G.RYAN Date: 2.27'.2013 ATTACHMENTS COMMENTS By: By: By: DENIAL Please see the attached report of deficiencies marked with lBl. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. Date: Date: Date: FIRE DEPARTMENT CONTACT PERSON NAME: Gregory Ryan ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4665 • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: FEBRUARY 1, 2013 PROJECT NO(S): PUD 06-13(B) REVIEW NO: 1 --------~~-----------------------------~ PROJECT TITLE: ROBERTSON RANCH PA 17 APPLICANT: BROOKFIELD HOMES TO: ~ Land Development Engineering D Police Department-J. Sasway ~ Fire Department-Greg Ryan ~ Building Department-Will Foss D Recreation-Mark Steyaert D Public Works Department (Streets)-Nick Roque D Water/Sewer District D Landscape Plancheck Consultant -PELA D School District D North County Transit District-Planning Department D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 02/22/2013. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their re resentatives via hone or e-mail to let th Thank you COM M ENTS:._$..1.fL_~~rlli.':!IL'L!.t.~----:::::>""'.r::::::::::.. ___________ _ Signature Date PLANS ATTACHED Review & Comment 05/11 • CITY OF CARLSBAD • REVIEW AND COMMENT MEMO DATE: FEBRUARY 1, 2013 PROJECT NO(S): _P_U_D_0_6_-1_3_!_(B_!) ____________ REVIEW NO: _1 __ -l PROJECT TITLE: ROBERTSON RANCH PA 17 APPLICANT: BROOKFIELD HOMES TO: IZ! Land Development Engineering D Police Department-J. Sasway IZ! Fire Department-Greg Ryan 1Zl Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department {Streets)-Nick Roque D Water/Sewer District D Landscape Plancheck Consultant -PELA D School District D North County Transit District-Planning Department D Sempra Energy-Land Management D Caltrans {Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 02/22/2013. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you A /'h / KV1A A;. ~/, COMMENTS:_1_V v_w_trV___;;;;..jf lel'£~75;;;;...__ ___________ _ Date PLANS ATIACHED Review & Comment 05/11 ..;..~~4~ CITY OF ~}"/CARLSBAD • Community & Economic Development PLANNING COMMISSION NOTICE OF DECISION May 2, 2013 Brookfield Robertson PA 17, LLC Attn: Teri McHugh 12865 Pointe Del Mar Way, Suite 200 Del Mar, CA 92014 • SUBJECT: MP 02-03{D)/PUD 06-13{D)-ROBERTSON RANCH PA 17 MuiW B/zflo FILE COPY www.carlsbadca.gov At the May 1, 2013 Planning Commission meeting, your application was considered. The Commission voted 7-0 to approve your request. The decision of the Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. If you have any questions regarding the final dispositions of your application, please contact your project planner Chris Garcia at (760) 602-4622 or chris.garcia@carlsbadca.gov. Sincerely, ~~ DON NEU, AICP City Planner DN:CG:bd c: Data Entry File enc: Planning Commission Resolutions No. 6970 and 6971 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 4'f~ CITY OF ~CARLSBAD • Community & Economic Development May 2, 2013 Brookfield Robertson PA 17, LLC Attn: Teri McHugh 12865 Pointe Del Mar Way, Suite 200 Del Mar, CA 92014 • SUBJECT: NOTICE OF RESTRICTION-PUD 06-13(B}-ROBERTSON RANCH PA 17 Dear Applicant: www.carlsbadca.gov 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 Planned Development Permit Amendment, PUD 06-13(8). Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of Acknowledgement used by a California notary 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 of the 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 of the 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: CEO Senior Management Analyst File Copy · · · .. Planning Division ~·~--------------------------------------------------------------. · ~ · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 (~~CITY OF ¥CARLSBAD • • ERRATA SHEET FOR AGENDA ITEM #5 Memorandum April29, 2013 To: Planning Commission From: Chris Garcia, Junior Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #5-MP 02-03(0)/PUD 06-13(8)-ROBERTSON RANCH PA 17 Staff is recommending that the Planning Commission include the following revisions: Add a new condition to Planning Commission Resolution No. 6971 as follows: The courtyard walls shown on Plans 1 & 1X shall be modified to comply with the 42 inch maximum height limit within the front yard setback. The design is subject to the approval of the City Planner and shall be reviewed with the building permit plan check. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax • Community & Economic Development April9,2013 Brookfield Robertson PA 17, LLC Attn: Teri McHugh 12865 Pointe Del Mar Way, Suite 200 Del Mar, CA 92014 • SUBJECT: MP 02-03(D)/PUD 06-13(B)-ROBERTSON RANCH PA 17 DFILE www.carlsbadca.gov The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, April 17, 2013, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on April 22, 2013. A twenty (20) minute appointment has been set aside for you at 11:00 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Chris Garcia at (760) 602-4622. S[re~ DON NEU, AICP City Planner DN:CG:sm c: File Copy Planning !Y.\r.~fb~Obbett, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • .df~_A CITY OF VcARLSBAD Community & Economic Development March 19, 2013 Brookfield Robertson PA 17, LLC Attn: Teri McHugh 12865 Pointe Del Mar Way, Suite 200 Del Mar, CA 92014 SUBJECT: MP 02-03(0)/PUD 06-13(B)-ROBERTSON RANCH PA 17 • :J FILE www.carlsbadca.gov Congratulations, your project application was deemed complete on February 26, 2013, and the City has determined on March 19, 2013 that the project is in prior compliance with a previously certified environmental impact report. In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), the project must be scheduled for a public hearing no later than May 15, 2013. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by April 4, 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. Should you have any questions regarding an application extension or withdrawal, please contact Chris Garcia at 760-602-4622 or by email at Chris.Garcia@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:CG:bd c: Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ...Jf~.A,_ C I T Y 0 F VcARLSBAD • Community & Economic Development March 19, 2013 Brookfield Robertson PA 17, LLC Attn: Teri McHugh 12865 Pointe Del Mar Way, Suite 200 Del Mar, CA 92014 • LJ FILE www.carlsbadca.gov SUBJECT: MP 02-03(D)/PUD 06-13(B) -CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY /PROCESS 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: ~ This is to advise you that after reviewing the application for the project amendment referenced above, the City has determined that the project is subject to the provisions of CEQA; however, the potential environmental effects of the project were adequately analyzed by the previously Certified EIR, EIR 03-03 for the Robertson Ranch Master Plan and Robertson Ranch East Village Master Tentative Map. No additional environmental review is required. ~ A Notice of Determination will be filed after approval of the project amendment 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 Planning Commission hearing date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Garcia, at (760) 602-4622 or Chris.Garcia@carlsbadca.gov. DON NEU, AICP City Planner DN:CG:bd c: Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer File Copy Data Entry • · . Planning Division ~-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 J~_A CITY OF VcARLSBAD • Community & Economic Development February 26, 2013 Brookfield Robertson PA 17, LLC Attn: Teri McHugh 12865 Pointe Del Mar Way, Suite 200 Del Mar, CA 92014 • ~d ~}l1}l~ F\lt COP~ www.carlsbadca.gov SUBJECT: 1ST REVIEW FOR MP 02-03(0)/PUD 06-13(B)-ROBERTSON RANCH PA 17 Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Master Plan Amendment and Planned Development Permit Amendment, applications no. MP 02- 03(D)/PUD 06-13(B), 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. At this time, the City asks that you provide 1 complete set of the revised development plans so that the project can continue to be reviewed. The City will complete the review of your resubmittal within 25 ·days. 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: Steve Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, ~De~ CHRIS DeCERBO Principal Planner CD:CG:bd c: Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry · · · ·. Planning Division ~~·------~-------------------------------------------------------------------------------. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • • MP 02-03(0)/PUD 06-13(B)-ROBERTSON RANCH PA 17 February 26, 2013 Page 2 ISSUES OF CONCERN Planning: 1. Please fill out the Council Policy 44 and Policy 66 compliance tables to show how the proposed changes to the project continue to comply. A digital copy wili be sent out via email. 2. The proposed project does not meet Policy 44 requirement #8 regarding single story building edge. A maximum of 20% of the homes are exempt from this requirement. Plan 4 does not meet the single story building edge requirement and makes up 20.2% of the proposed homes. Please reduce the amount of Plan 4's by at least one, or revise the Plan 4 to comply with this requirement. 3. On Sheet 2, please correct the pad coverage for lot 22 to be 44.9%. 4. According to the table on Sheet 2, only 2 out of 22 of the proposed Plan 4's and 4 out of 28 of the Plan 3's are able to have a second story deck. It appears that lot 85 can also accommodate an optional second story deck with the proposed Plan 4. This is only a comment and not a required correction. 5. All elevations showing overall height need to be shown measured from existing or finished grade, whichever is more restrictive. 6. Plan 1's English Country elevation exceeds the permitted building height of 20' for a single story home. Please modify to comply with the 20' height limit. 7. The full size (24"x26") elevations, particularly the front, need to be shown consistent with the smaller ll"x17" elevations dated January 16, 2013 for Plans 1, 1x, 2 & 3 and dated February 8, 2013 for Plan 4. For Plans 1 and 1x, please show the front porch wall and gates and for all plans, please show an upgraded front door and garage door, exterior light fixtures, roof tile and any other trim or architectural details. 8. On Sheets A1 B2.1 and A1 C2.1, the fireplace needs to be shown on the left elevations. 9. Please submit all future plans in 24"x36" size. 10. Please provide an updated project description that includes the addition of a new Plan 4, new plotting, and the proposed master plan amendment to reduce the amount of single story homes within Planning Areas 16, 17 & 18 of the Robertson Ranch Master Plan.