HomeMy WebLinkAboutCT 14-10; ; 2018-0394694; CovenantRECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: )
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
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DOC# 2018-0394694
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Sep 21, 2018 08:31 AM
OFF!CIAL RECORDS
Ernest J Dronenburg, Jr ..
SAN DIEGO COUNTY RECORDER
FEES $179.00 (S82 Atkins $75.00)
PAGES 31
Space above this line for Recorder's use
Assessor's Parcel Number 215-020-07, 215-050-21, 215-050-22,
215-050-44, 215-050-47
EIR 15-03/GPA 14-06/ZC 14-
04/LCPA 14-06/CT 14-10/PUD
Project Number and Name 14-12/ SOP 14-15/CDP 14-
34/HDP 14-07 /HMP 14-04,
Poinsettia 61
DECLARATION OF RESTRICTIVE COVENANTS
This DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive
Covenant") is made this 9-h day of rJ t J,~ , 2018 by Lennar Homes of
California, Inc., a California corporation (hereinafter ''Delarant").
RECITALS
A. Declarant is the developer of that certain real property in the City of Carlsbad,
County of San Diego, State of California, commonly referred to as Poinsettia 61, EIR 15-03/GPA
14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-
04 (the "Project").
B. Declarant is the sole owner in fee simple of those portions of the Project,
specifically Lots 9 and 10 of CT 14-10, and the Kevane Parcels, located in the City of Carlsbad,
County of San Diego, State of California, and as further described in legal descriptions attached
hereto as Exhibit" A" and depicted on Exhibit "B" and attached hereto and incorporated by this
reference (the "Restricted Property"), which consists of approximately 34.66 acres.
C. Declarant intends to transfer its interest in a portion of the Restricted Property, more
specifically described as Lot 10 and the Kevane Parcels, to San Diego Habitat Conservancy
(hereinafter referred to as "SDHC" or "Declarant Assignee"), a California nonprofit mutual
public benefit corporation, pursuant to the terms of a separate agreement between Declarant and
SDHC. Declarant Assignee shall be responsible for maintaining the entire Restricted Property
pursuant to the Management Plan.
D. This Restrictive Covenant provides mitigation for certain impacts of the Project,
pursuant to requirements of Condition Nos. 17 and l 9(c) of City of Carlsbad Planning Commission
Assessor's Parcel Number 215-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA I 4-061CT 14-10/PUD 14-12/ SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04
Project Name: Poinsettia 6 I
Resolution No. 7226, dated February 1, 2017. This Restrictive Covenant is intended and shall be
deemed to satisfy such requirement as to the Restricted Property. The amount of sensitive habitat,
as well as disturbed habitat and non-native vegetation, to be preserved within the Restricted
Property is 34.66 acres. The sensitive habitat consists of a mixture of southern maritime chaparral,
coast live oak woodland, coyote brush scrub, and southern willow scrub. The Natural Condition,
as defined below, includes sensitive habitat that is disturbed or recovering from a fire that occurred
in May 2014.
E. The Restricted Property possesses wildlife and habitat values of great importance
to the People of the State of California and currently is and will remain in a Natural Condition as
defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its
ecological, historical, visual and educational values (collectively, "Conservation Values").
F. Declarant desires to preserve and protect the Restricted Property pursuant to the
Preserve Management Plan for the Poinsettia 61 Preserve prepared by Dudek, dated March 2018
("Management Plan"), an adaptive habitat management plan which may be revised from time to
time and which is incorporated herein by this reference. The Management Plan is attached hereto
as Exhibit "C".
G. An existing SDG&E utility easement is located within the Restricted Property, as
shown on Exhibit "B". Declarant is seeking permission from SDG&E to develop a public
pedestrian trail within the existing dirt roads along the SDG&E utility easement ("City trail").
H. The United States Fish and Wildlife Service ("USFWS") has jurisdiction over the
conservation, protection, restoration, enhancement, and management of fish, wildlife and native
plants and the habitats on which they depend under the Endangered Species Act, 16 U .S.C. Section
1531 et. seq., the Fish and Wildlife Coordination Act, 16 USC, Section 66 l-666c and other
applicable federal laws.
I. California Department of Fish and Wildlife ("CDFW") has jurisdiction, pursuant
to Fish and Game Code Section 1802, over the conservation, protection, and management of fish,
wildlife, native plants, and the habitat necessary for biologically sustainable populations of those
species. For these purposes pursuant to California Civil Code Section 815.3, Fish and Game Code
Section 1348, and other provisions of California law. CDFW and USFWS are each referred to
herein, individually, as an "Agency."
J. The City of Carlsbad ("City") is a municipal corporation with a Habitat
Management Plan for Natural Communities in the City of Carlsbad ("HMP") adopted by its City
Council in November 2004, with the overall goal of contributing to regional biodiversity and the
viability of rare, unique or sensitive biological resources throughout the City and the larger region
while allowing public and private development to occur consistent with the Carlsbad General Plan
and Growth Management Plan.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
NOW THEREFORE, Declarant hereby declares the Restricted Property shall be held,
transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the following
restrictive covenants, which shall run with the land and be binding on Declarant's heirs, successors
2
Assessor's Parcel Number 215-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
in interest, administrators, assigns, lessees, or other occupiers and users of the Restricted Property
or any portion of it.
1. Purpose.
(a) The purpose of this Restrictive Covenant is to ensure the Restricted Property will
be retained in perpetuity in a Natural Condition, defined below, and to prevent any use of the
Restricted Property that will impair or interfere with the Conservation Values of the Restricted
Property (the "Purpose"). Declarant intends that this Restrictive Covenant will confine the use of
the Restricted Property to such activities, including without limitation, those involving the
preservation and enhancement of native species and their habitat in a manner consistent with the
habitat conservation purposes of this Restrictive Covenant.
(b) The term "Natural Condition," as referenced in the preceding paragraph and other
portions of this Restrictive Covenant, shall mean the condition of the Restricted Property as it
exists at the time this Restrictive Covenant is executed, as well as future enhancements or changes
to the Restricted Property that occur directly as a result of the following activities:
( 1) Habitat creation or restoration, including implementation, maintenance and
monitoring activities, required by City's Planning Commission Resolutions No. 7224, 7225, and
7226, dated February 1, 2017 for the Project;
(2) In-perpetuity maintenance ("Long-Term Maintenance, Management,
and Monitoring"), that occurs on the Restricted Property as described in the Management Plan
and Section 6 herein; or
(3) Activities described in Section 4 herein.
(c) Declarant certifies to City, CDFW, and USFWS that, to Declarant's actual
knowledge, there are no structures or other man-made improvements existing on the Restricted
Property. Declarant further certifies to the City, CDFW and USFWS that, to Declarant's actual
knowledge, there are no previously granted easements existing on the Restricted Property that
interfere or conflict with the Purpose of this Restrictive Covenant as evidenced by the Title Report
attached as Exhibit "D." The current Natural Condition is evidenced in part by the depiction of
the Restricted Property attached on Exhibit "B," showing all relevant and plottable property lines,
easements, dedications, improvements, boundaries and major, distinct natural features such as
waters of the United States. Declarant has delivered further evidence of the Natural Condition to
City, CDFW, and USFWS by the inclusion in the Management Plan of (1) a color aerial
photograph of the Restricted Property at an appropriate scale taken as close in time as possible to
the date this Restrictive Covenant is executed; (2) an overlay of the Restricted Property boundaries
on that aerial photograph; and (3) on-site color photographs showing all natural features of the
Restricted Property.
(d) If a controversy arises with respect to the Natural Condition of the Restricted
Property, City, CDFW, and USFWS shall not be foreclosed from utilizing any and all other
relevant documents, surveys, photographs or other evidence or information to assist in the
resolution of the controversy.
3
Assessor's Parcel Number 215-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number: EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
2. Declarant's Duties.
(a) To accomplish the Purpose of this Restrictive Covenant as described in Section l
above, Declarant shall undertake construction, maintenance and monitoring of the Restricted
Property pursuant to the Management Plan until issuance of that certain "Final Approval" (as
defined in the Management Plan) from the City, after which date SDHC shall be obligated to
perform all construction, maintenance and monitoring activities necessary to maintain the
Restricted Property in the condition required by the Management Plan. Subject to the foregoing,
and all other applicable terms and conditions of this Restrictive Covenant, Declarant, its
successors, and assigns shall:
(1) Undertake reasonable actions to prevent the unlawful entry and trespass by
persons whose activities would be inconsistent with the Conservation Values and would violate
the permitted uses of the Restricted Property set forth in this Restrictive Covenant;
(2) Post and maintain signage in or adjacent to the boundary areas of the
Restricted Property as described in Section 4(d);
(3) Comply with the terms of this Restrictive Covenant and cooperate with
City, CDFW, and USFWS in the protection of the Conservation Values;
( 4) Repair and restore damage to the Restricted Property directly or indirectly
caused by Declarant, Declarant's guests, representatives or agents and third parties; provided,
however, Declarant, its successors or assigns shall not engage in any repair or restoration work in
the Restricted Property without first consulting with City, CDFW, and USFWS pursuant to Section
6;
(5) Undertake construction, maintenance, and monitoring of mitigated areas
pursuant to the Revised Conceptual Restoration Plan for the Poinsettia Project, Carlsbad,
California, EIR 15-03 prepared by Dudek, dated January 2018 ("Restoration Plan") until receipt
of final approval of the success of the mitigation by City, CDFW, and USFWS
("City/CDFW/USFWS Final Approval");
(6) Obtain any applicable governmental permits and approvals for any activity
or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in
accordance with all applicable federal, state, local and administrative agency statutes, ordinances,
rules, regulations, orders or requirements;
(7) Perform in-perpetuity Long-Term Maintenance, Management, and
Monitoring set forth in the Section 6 below; and
(8) Perform an annual compliance inspection of the Restricted Property,
prepare an inspection report, and shall make reports available to City, CDFW, and USFWS upon
request.
(b) Except as required by the Management Plan, Declarant, its successors, and assigns
shall not be obligated to maintain or repair any injury to or change in the Restricted Property
resulting from:
4
Assessor's Parcel Number: 215-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number: EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
(1) Any natural cause beyond Declarant' s control, including without limitation,
fire, flood, storm, earth movement, drought, or infestation; or
(2) Any prudent action taken by Declarant under emergency conditions to
prevent, abate, or mitigate significant injury to persons and/or the Restricted Property resulting
from such causes.
3. Prohibited Uses.
Any activity on or use of the Restricted Property inconsistent with the Purpose of this
Restrictive Covenant and not reserved as set forth in Section 4 hereof is prohibited. Without
limiting the generality of the foregoing, the following uses by Declarant, and its respective guests,
agents, assigns, employees, representatives, successors and third parties, are expressly prohibited,
except as otherwise provided herein or unless specifically provided for in the, Restoration Plan,
Management Plan, and any easements and reservations of rights recorded in the chain of title to
the Restricted Property at the time of this conveyance (as set forth in Exhibit "D" hereto):
(a) Supplemental watering except for habitat enhancement activities described m
Section 4(b);
(b) Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural
chemicals or weed abatement activities, except weed or pest abatement activities consistent with
the City's Integrated Pest Management Plan necessary to control or remove invasive, exotic plant
or pest species conducted by an applicator licensed to work within habitat preserve areas;
( c) Incompatible fire protection activities, except the fire prevention activities set forth
in Section 4(f);
( d) Use of off-road vehicles and use of any other motorized vehicles except on existing
roadways, or SDG&E personnel within the SDG&E easement, and as necessary to restore native
plant communities, consistent with Section 4;
( e) Livestock grazing or other agricultural activity of any kind;
(f) Recreational activities including, but not limited to, horseback riding, biking,
hunting or fishing, except as allowed in the Management Plan, and public pedestrian access as may
be allowed within the existing SDG&E utility easement;
(g) Residential, commercial, retail, institutional, or industrial uses;
(h) Any legal or de facto division, subdivision or portioning of the Restricted Property,
except transfers in accordance with Section 17 below;
(i) Construction, reconstruction or placement of any building or other improvement,
billboard, or signs, except signs permitted in Section 2(a)(2) and Section 4(d);
U) Depositing, dumping or accumulating soil, trash, ashes, refuse, waste, bio-solids or
any other material;
5
Assessor's Parcel Number 215-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number ElR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name Poinsettia 61
(k) Planting, introduction or dispersal of non-native or exotic plant or animal species,
except for non-native wildlife to allow for the introduction of tested biological control agents;
(I) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or
exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below
the surface of the Restricted Property;
(m) Altering the general topography of the Restricted Property, including but not
limited to building of roads, trails, except as otherwise provided herein regarding the SDG&E
easement, and flood control work;
(n) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as
necessary for (I) emergency fire protection as required by fire safety officials as set forth in Section
±.(fl, (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3)
preventing or treating disease, ( 4) completing the Restoration Plan, or (5) activities described in
Section 2, Section 4 and Section 13;
( o) Manipulating, impounding or altering any natural watercourse, body of water or
water circulation on the Restricted Property, and activities or uses detrimental to water quality,
including but not limited to degradation or pollution of any surface or sub-surface waters; and
(p) Fuel modification zones (defined as a strip of mowed land or the planting of
vegetation possessing low combustibility for purposes of fire suppression).
4. Declarant's Reserved Rights.
Declarant reserves to itself, and to its personal representatives, heirs, successors, and
assigns, all rights accruing from its ownership of the Restricted Property, including the right to
engage in or to permit or invite others to engage in all uses of the Restricted Property that are
consistent with the Purpose of this Restrictive Covenant, including the following uses:
(a) Access. Police and other public safety organizations and their personnel may enter
the Restricted Property to address any legitimate public health or safety matter.
(b) Habitat Enhancement Activities. Enhancement and monitoring of native plant
communities, including the right to plant trees and shrubs of the same type as currently existing
on the Restricted Property, so long as such activities do not harm the habitat types identified in the
Management Plan. For purposes of preventing erosion and reestablishing native vegetation, the
Declarant shall have the right to revegetate areas that may be damaged by the permitted activities
under this Section 4, naturally occurring events, or by the acts of persons wrongfully damaging
the Natural Condition of the Restricted Property. Habitat enhancement activities shall not be in
direct or potential conflict with the preservation of the Natural Condition of the Restricted Property
or the Purpose of this Restrictive Covenant and shall be performed in compliance with all
applicable laws, regulations, permitting requirements, and Management Plan.
(c) Vegetation, Debris, and Exotic Species Removal. Removal or trimming of
vegetation downed or damaged due to natural conditions or natural disaster, removal of man-made
debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of
6
Assessor's Parcel Number: 215-020-07, 215-050-2 l, 215-050-22, 215-050-44, 215-050-47
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal
shall not be in direct or potential conflict with the preservation of the Natural Condition of the
Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in
compliance with all applicable laws, regulations, permitting requirements, and Management Plan.
( d) Erection and Maintenance of Informative Signage. Erection and maintenance of
signage and other notification features saying "Natural Area Open Space," "Protected Natural
Area," or similar descriptions that inform persons of the nature and restrictions on the Restricted
Property. Prior to erection of such signage, the Declarant shall submit detailed plans showing the
location of such signs to City, CDFW, and USFWS for review and approval. The erection and
maintenance of informative signage shall not be in direct or potential conflict with the preservation
of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and
shall be performed in compliance with all applicable laws, regulations, and permitting
requirements.
(e) No Interference with Development of Adjoining Property. Notwithstanding
anything set forth herein to the contrary, nothing in this Restrictive Covenant is intended nor shall
be applied to in any way limit Declarant or any of Declarant's successors and assigns from
( 1) constructing, placing, installing, and/or erecting any improvements upon the portions of the
Project not constituting the Restricted Property, and/or (2) developing adjoining property for any
purposes, except as limited by any local, state or federal permit requirements for such development
and provided that for all of the above clauses (I) and (2) neither such activity nor any effect
resulting from such activity amounts to a use of the Restricted Property, or has an impact upon the
Restricted Property, that is prohibited by Section 3 above.
(f) Fire Protection. The right, in an emergency situation only, to maintain firebreaks
( defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove
brush, otherwise perform preventative measures required by the fire department to protect
structures and other improvements from encroaching fire. All other brush management activities
shall be limited to areas outside the Restricted Property.
(g) Trail. Notwithstanding anything set forth herein to the contrary, nothing in this
Restrictive Covenant is intended nor shall be applied to in any way limit Declarant and/or City
from re-grading and maintaining the existing dirt roads within the existing SDG&E utility
easement or using such portions as a public pedestrian trail.
(h) Public Utilities. Notwithstanding anything set forth herein to the contrary, nothing
in this Restrictive Covenant is intended nor shall be applied to in any way limit the use by SDG&E
of their existing utility easements as those rights are specifically set forth within Exhibit "D".
5. Access.
This Restrictive Covenant does not convey a general right of access to the public or a
general right of access to the Restricted Property. In accordance with Section 4(d), Declarant shall
install signage at all likely points of entry informing persons of the nature and restrictions on the
Restricted Property. This Restrictive Covenant will allow for access to the Restricted Property by
City, CDFW, and USFWS and third-party easement holders of record at the time of this
7
Assessor's Parcel Number: 215-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
conveyance at locations designated in easements and reservations of rights recorded in the chain
of title to the Restricted Property at the time of the conveyance.
6. Long-Term Maintenance, Management, and Monitoring.
In addition to the other terms contained herein, Declarant, its successor or assign shall be
responsible for the maintenance and repair of the Restricted Property in perpetuity in accordance
with the Management Plan, which provides, among other things, that Declarant shall only be
obligated to undertake the construction, maintenance and monitoring of the Restricted Property
until issuance of that certain "Final Approval" (as defined in the Management Plan) from the City,
after which date SDHC shall be obligated to perform all construction, maintenance and monitoring
activities necessary to maintain the Restricted Property in the condition required by the
Management Plan. Declarant Assignee shall not be obligated to maintain the City trail. Any repairs
to the Restricted Property resulting from public use of the City trail will be limited to the
requirements of the Management Plan and to Declarant Assignee's availability of contingency
funds.
7. Endowment
Declarant shall establish an endowment fund to be held in trust, invested and the interest
disbursed therefrom to provide sufficient funds for the perpetual management, maintenance, and
monitoring of the Restricted Property as required under this Restrictive Covenant. City, CDFW,
and USFWS shall have the right to review and approve the terms of the endowment agreement,
and shall be a third party beneficiary of that agreement with the right to review and approve any
amendments.
(a) Include the following principals of fiduciary duty in the endowment fund agreement:
( 1) The endowment holder shall have a fiduciary duty to hold the endowment
funds in trust for the Restricted Property.
(2) The endowment holder shall not commingle the endowment funds with
other funds. Funds may be pooled for investment management purposes only.
(3) The endowment holder shall have a duty of loyalty and shall not use the
endowment funds for its own personal benefit.
( 4) The endowment holder shall act as a prudent investor of the endowment
funds.
(5) The endowment holder shall not delegate the responsibility for managing
the funds to a third party; but may delegate authority to invest the funds with Declarant' s oversight.
The endowment holder shall act with prudence when delegating authority and in the selection of
agents.
(6) The endowment holder shall have an annual audit of the endowment
performed by a licensed CPA, and shall make the auditor's written report available to City, CDFW,
and USFWS upon completion.
Assessor's Parcel Number: 215-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number: ElR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
(7) Endowment funds set aside for the management of the Restricted Property
shall not be used to pay any damages for liability due to acts or omissions of the endowment holder
or any other party.
(b) Declarant may use The San Diego Foundation, in accordance with California law,
to be the endowment holder.
8. City, CDFW, and USFWS Rights.
To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and
conveys the following rights to City, CDFW, and USFWS (but without obligation of City, CDFW,
and USFWS):
(a) A non-exclusive easement on and over the Restricted Property to preserve and
protect the Conservation Values of the Restricted Property; and
(b) A non-exclusive easement on and over the Restricted Property to enter upon the
Restricted Property to monitor Declarant's compliance with and to otherwise enforce the terms of
this Restrictive Covenant; and
(c) A non-exclusive easement on and over the Restricted Property to prevent any
activity on or use of the Restricted Property that is inconsistent with the Purpose of this Restrictive
Covenant and to require the restoration of such areas or features of the Restricted Property that
may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this
Restrictive Covenant; and
(d) All present and future development rights allocated, implied, reserved or inherent
in the Restricted Property; such rights are hereby terminated and extinguished, and may not be
used on or transferred to any portion of the Restricted Property, nor any other property adjacent or
otherwise; and
(e) The right to enforce by means, including, without limitation, injunctive relief, the
terms and conditions of this Restrictive Covenant.
9. Enforcement.
(a) Right to Enforce. Declarant, its successors and assigns, grant to City, CDFW,
USFWS, Department of Justice, and the State Attorney General, a discretionary right to enforce
these restrictive covenants in a judicial or administrative action against any person(s) or other
entity (ies) violating or attempting to violate these restrictive covenants; provided, however, that
no violation of these restrictive covenants shall result in a forfeiture or reversion oftitle. The rights
under this Section are in addition to, and do not limit rights conferred in Section 8 above, the rights
of enforcement against Declarant or Declarant Assignee, their successors or assigns under any
related permit covered by the various documents or referred to therein. Declarant or Declarant
Assignee will upon receipt from City and/or Agency of a written notice to Declarant or Declarant
Assignee ("Notice of Violation") informing Declarant or Declarant Assignee of a violation and
demanding cure of such violation, investigate the claim of violation and commence action to cure
the violation within 15 days of receipt of said Notice of Violation from City and/or Agency. If said
9
Assessor's Parcel Number 215-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
cure reasonably requires more than fifteen ( 15) days, Declarant or Declarant Assignee shall, within
the fifteen (15) day period submit to City and/or Agency for review and approval a plan and time
schedule to diligently complete a cure. Declarant or Declarant Assignee shall complete such cure
in accordance with the approved plan. If Declarant or Declarant Assignee disputes the Notice of
Violation, the following provisions will apply:
(1) Notice of Dispute. Declarant or Declarant Assignee shall issue a written
notice of such dispute (hereinafter "Notice of Dispute") to City and/or Agency within fifteen (15)
days of receipt of written notice of violation. If Declarant or Declarant Assignee provides City
and/or Agency with a Notice of Dispute, as provided herein, City and/or Agency shall meet and
confer with Declarant or Declarant Assignee at a mutually agreeable place and time, not to exceed
thirty (30) days from the date that City and/or Agency receive the Notice of Dispute. City and/or
Agency shall consider all relevant information concerning the disputed violation provided by
Declarant or Declarant Assignee and shall determine whether a violation has in fact occurred and,
if so, whether the Notice of Violation and demand for cure issued by City and/or Agency is
appropriate in light of the violation.
(2) Determination of Dispute. If, after reviewing Declarant's or Declarant
Assignee's Notice of Dispute, conferring with Declarant or Declarant Assignee, and considering
all relevant information related to the violation, City and/or Agency determine that a violation has
occurred, City and/or Agency shall give Declarant or Declarant Assignee notice of such
determination in writing. Upon receipt of such determination, Declarant or Declarant Assignee
shall have fifteen ( 15) days to cure the violation. If said cure reasonably requires more than fifteen
(15) days, Declarant or Declarant Assignee shall within the fifteen (15) day period submit to City
and/or Agency for review and approval a plan and time schedule to diligently complete a cure and
begin cure.
(b) Costs of Enforcement. Any costs incurred by City and/or Agency in enforcing the
terms of this Restrictive Covenant against Declarant or Declarant Assignee including, but not
limited to, costs of suit and any costs of restoration necessitated by Declarant or Declarant
Assignee's violation or negligence under the terms of this Restrictive Covenant shall be borne by
Declarant or Declarant Assignee, subject to California Civil Code section 815, et seq.
( c) Discretion. Enforcement of the terms of this Restrictive Covenant shall be at the
discretion of City and/or Agency. Any forbearance by City and/or Agency to exercise its rights
under this Restrictive Covenant in the event of any breach of any term of this Restrictive Covenant
by Declarant or Declarant Assignee shall not be deemed or construed to be a waiver by City and/or
Agency of such term or of any subsequent breach of the same or any other term of this Restrictive
Covenant or of any of the rights of City and/or Agency under this Restrictive Covenant. No delay
or omission by City and/or Agency in the exercise of any right or remedy upon any breach by
Declarant or Declarant Assignee shall impair such right or remedy or be construed as a waiver.
( d) Acts Beyond Responsible Parties' Control. Nothing contained in this Restrictive
Covenant shall be construed to entitle any party, person, entity or agency to make any claim or to
bring any action against Declarant or Declarant Assignee, their successors and assigns,
(individually, "Responsible Party" and collectively, "Responsible Parties"), nor shall a
Responsible Party be deemed in violation of its obligations herein, in the event there is any injury
to or change in the Restricted Property resulting from (i) any natural cause beyond Responsible
10
Assessor's Parcel Number 215-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name Poinsettia 6 I
Parties' control, including, without limitation, fire not caused by Responsible Parties, flood, storm,
earth movement, drought, infestation, or any prudent action taken by Responsible Parties under
emergency conditions to prevent, abate, or mitigate significant injury to the Restricted Property
resulting from such causes, so long as the Responsible Parties are in compliance with the
Management Plan; or (ii) acts by City and/or Agency and their employees, directors, officers,
agents, contractors, or representatives. Responsible Parties shall have no obligation to anticipate
or attempt to prevent any of the events described in this paragraph except as specifically set forth
herein.
10. Limitations on Liabilities.
Declarant agrees City, CDFW, and USFWS shall not have any duty or responsibility for
the operation, upkeep, or maintenance of the Restricted Property, the monitoring of hazardous
conditions thereon, or the protection of Declarant, the public or any third parties from risks relating
to conditions on the Restricted Property. Declarant, or its successor or assign (at such times as
applicable pursuant to Section 6 above), remains solely responsible for obtaining any applicable
governmental permits and approvals for any activity or use permitted by this Restrictive Covenant,
and any activity or use shall be undertaken in accordance with all applicable federal, state, local
and administrative agency statutes, ordinances, rules, regulations, orders and requirements.
11. Taxes.
Declarant, or its successors or assigns (at such times as applicable pursuant to Section 6
above), shall pay before delinquency all taxes, assessments, fees, and charges of whatever
description levied on or assessed against the Restricted Property, if any, by competent authority,
including any taxes imposed upon, or incurred as a result of, this Restrictive Covenant, and agrees
to furnish City, CDFW, and USFWS with satisfactory evidence of payment upon request.
12. No Hazardous Materials Liability.
(a) Declarant represents and warrants that it has no knowledge of any release or
threatened release of Hazardous Materials ( defined below) in, on, under, about or affecting the
Restricted Property.
(b) Despite any contrary provision of this Restrictive Covenant, the parties do not
intend this Restrictive Covenant to be, and this Restrictive Covenant shall not be, construed such
that it creates in or gives City, CDFW, and USFWS any of the following:
(I) The obligations or liabilities of an "owner" or "operator," as those terms are
defined and used in Environmental Laws (defined below), including, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
(42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or
(2) The obligations or liabilities of a person described in 42 U.S.C. Section
9607(a)(3) or (4); or
(3) The obligations of a responsible person under any applicable Environmental
Laws; or
11
Assessor's Parcel Number 2 I 5-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
( 4) The right to investigate and remediate any Hazardous Materials associated
with the Restricted Property; or
(5) Any control over Declarant's ability to investigate, remove, remediate, or
otherwise clean up any Hazardous Materials associated with the Restricted Property.
(c) The term "Hazardous Materials" includes, without limitation, (a) material that is
flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions
thereof; and ( c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related
materials defined in CERCLA, the Resource Conservation and Recovery Act ( 42 U .S.C. Section
6901 et seq.); the Hazardous Materials Transportation Act ( 49 U .S.C. Section 510 I et seq.); the
Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the
Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and
in the regulations adopted and publications promulgated pursuant to them, or any other applicable
federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after
the date of this Restrictive Covenant.
(d) The term "Environmental Laws" includes, without limitation, any federal, state,
local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to
pollution, protection of human health or safety, the environment or Hazardous Materials. Declarant
represents, warrants and covenants to City, CDFW, and USFWS that activities upon and use of
the Restricted Property by Declarant, its agents, employees, invitees and contractors will comply
with all Environmental Laws.
13. Additional Easements.
Other than pedestrian trail access along the SDG&E utility easement, Declarant shall not
grant any additional easements, rights of way or other interests in the surface or subsurface of the
Restricted Property ( other than a security interest that is subordinate to this Restrictive Covenant),
or grant or otherwise abandon or relinquish any water rights relating to the Restricted Property,
without first obtaining the written consent of City, CDFW, and USFWS. City, CDFW, and
USFWS may withhold such consent if it determines that the proposed interest or transfer is
inconsistent with the Purpose of this Restrictive Covenant or will impair or interfere with the
Conservation Values of the Restricted Property. This Section shall not prohibit transfer of a fee or
leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and
complies with Section 17 below. Declarant, its successors, and assigns shall record any additional
easements or other interests in the Restricted Property approved by City, CDFW, and USFWS in
the official records of San Diego County, California and provide a copy of the recorded document
to City, CDFW, and USFWS.
14. Hold Harmless.
Declarant shall hold harmless, protect and indemnify City and its officials, directors,
employees, agents, contractors, and representatives and the heirs, personal representatives,
successors, and assigns of each of them ( each a "City Indemnified Party" and, collectively,
"City's Indemnified Parties") from and against any and all liabilities, penalties, costs, losses,
damages, expenses (including, without limitation, reasonable attorneys' fees and experts' fees),
causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively,
12
Assessor's Parcel Number 215-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-4 7
Project Number ElR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
ProJect Name: Poinsettia 61
"Claims"), arising from or in any way connected with injury to or the death of any person, or
physical damage to any property, resulting from any act, omission, condition, or other matter
related to or occurring on or about the Restricted Property, regardless of cause, except that this
indemnification shall be inapplicable (and in no event shall Declarant be obligated to indemnify
any City Indemnified Party) to the extent any such Claim is attributable to the negligence or
misconduct of any City Indemnified Parties. If any action or proceeding is brought against any of
Declarant's Indemnified Parties by reason of any such Claim, Declarant shall, at the election of
and upon written notice from any of the Declarant Indemnified Parties defend such action or
proceeding with Declarant's counsel reasonably approved by the Declarant Indemnified Party or
reimburse the party for all reasonable charges actually incurred for services, including attorneys'
fees, in defending the action or proceeding. Notwithstanding the foregoing, Declarant's agreement
to indemnify the City's Indemnified Parties pursuant to this Section 14 is not intended to and shall
not relieve any insurance carrier of its obligations applicable to the Claims.
15. Amendment.
Declarant may amend this Restrictive Covenant only after written concurrence by City,
CDFW, and USFWS. Any such amendment shall be consistent with the Purpose of this Restrictive
Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this
Restrictive Covenant approved by City, CDFW, and USFWS in the official records of San Diego
County, California, and shall provide a copy of the recorded document to City, CDFW, and
USFWS.
16. Recordation.
Declarant, its successor, or assign shall promptly record this instrument in the official
records of San Diego County, California, and provide a copy of the recorded document to City,
CDFW, and USFWS.
17. Assignment and Subsequent Transfers.
(a) Declarant agrees to incorporate the terms of this Restrictive Covenant in any deed
or other legal instrument by which Declarant divests itself of any interest in all or a portion of the
Restricted Property. Declarant, its successor or assign agrees to (1) incorporate by reference to the
title of and the recording information for this Restrictive Covenant in any deed or other legal
instrument by which each divests itself of any interest in all or a portion of the Restricted Property,
including, without limitation, a leasehold interest and (2) give actual notice to any such transferee
or lessee of the existence of this Restrictive Covenant. Declarant, its successor, or assign agrees to
give written notice to City, CDFW, and USFWS of the intent to transfer any interest at least thirty
(30) days prior to the date of such transfer. If an interest in all or a portion of the Restrictive
Property is transferred to any party other than Declarant Assignee, consent of City, CDFW, and
USFWS is required. City, CDFW, and USFWS shall provide such consent within thirty (30) days
ofreceiving written notice of intent to transfer. Failure to respond within thirty (30) days by City,
CDFW, or USFWS shall be deemed as consent to the transfer from the agency or agencies failing
to timely respond. Any subsequent transferee shall be deemed to have assumed the obligations of
this Restrictive Covenant and to have accepted the restrictions contained herein. The failure of
Declarant, its successor or assign to perform any act provided in this Section shall not impair the
validity of this Restrictive Covenant or limit its enforceability in any way.
13
Assessor's Parcel Number 2 I 5-020-07, 215-050-21, 215-050-22, 2 I 5-050-44, 215-050-47
Project Number ElR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
ProJect Name Poinsettia 61
(b) From and after the date of any transfer of all or any portion of the Restricted
Property by Declarant and each transfer thereafter, ( 1) the transferee shall be deemed to have
assumed all of the obligations of Declarant as to the portion transferred, as set forth in this
Restrictive Covenant, (2) the transferee shall be deemed to have accepted the restrictions contained
herein as to the portion transferred, (3) the transferor, as applicable, shall have no further
obligations hereunder except for the obligations set forth above in this paragraph and pursuant to
Section 24, and (4) all references to Declarant in this Restrictive Covenant shall thereafter be
deemed to refer to such transferee.
18. Notices.
Any notice, demand, request, consent, approval, or communication that either party desires
or is required to give to the other shall be in writing and be served personally or sent by first class
mail, postage prepaid, addressed as follows:
To Declarant:
To Declarant
Assignee:
To:
Lennar Homes of California
25 Enterprise, Suite 400
Aliso Viejo, California 92656
Telephone: (949) 349-8235
San Diego Habitat Conservancy
2770 Historic Decatur Road, Suite 250
San Diego, CA 92106
Attention: Executive Director
Telephone: (619) 365-4839
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
California Department of Fish and Wildlife, Region 5
3883 Ruffin Road
San Diego, CA 92123
US Fish and Wildlife Service
2177 Salk A venue, Suite 250
Carlsbad, CA 92008
or to such other address as either party shall designate by written notice to the other. Notice shall
be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by
first class mail, five (5) days after deposit into the United States mail.
19. Controlling Law.
The laws of the United States and the State of California shall govern the interpretation and
performance of this Restrictive Covenant.
14
Assessor's Parcel Number 215-020-07, 2 I 5-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name Poinsettia 61
20. Liberal Construction.
Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant
shall be liberally construed in favor of the deed to effect the purpose of this Restrictive Covenant
and the policy and purpose California Civil Code Section 815, et seq. If any provision in this
instrument is found to be ambiguous, an interpretation consistent with the purposes of this
Restrictive Covenant that would render the provision valid shall be favored over any interpretation
that would render it invalid.
21. Severability.
If a court of competent jurisdiction voids or invalidates on its face any provision of this
Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a
court of competent jurisdiction voids or invalidates the application of any provision of this
Restrictive Covenant to a person or circumstance, such action shall not affect the application of
the provision to other persons or circumstances.
22. No Forfeiture.
Nothing contained herein will result in a forfeiture or reversion of Declarant's title in any
respect.
23. Successors.
The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be
binding upon, and inure to the benefit of, the parties hereto and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Restricted Property.
24. Termination of Rights and Obligations.
A party's rights and obligations under this Restrictive Covenant terminate upon transfer of
the party's interest in the Restrictive Covenant or Restricted Property, except that liability for acts
or omissions occurring prior to transfer shall survive transfer.
25. Captions.
The captions in this instrument have been inserted solely for convenience of reference and
are not a part of this instrument and shall have no effect upon construction or interpretation.
26. City, CDFW, and USFWS as Benefited Parties
Except for Section 23, the terms of this Restrictive Covenant are for the benefit of City,
CDFW, and USFWS only and are not for the benefit of any other parties.
15
Assessor's Parcel Number 215-020-07, 215-050-21, 215-050-22, 215-050-44, 2 I 5-050-47
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
ProJect Name: Poinsettia 61
IN WITNESS WHEREOF Declarant has executed this Restrictive Covenant the day and
year first above written.
"Declarant"
1:,.C.·
LENNAR 1MES ~CAUFORNIA,"a California corporation
By: / 1 J) ,.,.)~ ?)r_____,,_ __ _
lvt ,:-~-r t-+t P'6f·tU
Title: 'v1Cfl ·\0(Z{l?;1 l">fu~\
Date: ~U~ ~ ,2c"Jl8
By: ---~=-~_::_:_---A--------
Name: __ A_~_N_,-~~~~-+--------
Title: --"-=-l~_~Piee~s~t'P~ft-\_T_,__ ___ _
Date: _ ____,,,_, __ )....._u'-'-"'W=-I.E:=--<'Q~9_..___.__. :ie-----=')_,__f t:)1,---,
0
J----
"Declarant Assignee" hereby approves of the terms of this Restrictive Covenant
Name: _---...,~-""4~-£--~· ~:f~L--O~/ ~__,_[ __ _
Title: __ fue--=-=""""'-d""'-'-'-:-=-v_.__f .-<...-_____,_V-=-;-'--'r~::::....::..__:---"-'-"--
Date: 7 / ,2_/ I '\r --7,1-___,_, -------
16
Assessor's Parcel Number 215-020-07, 215-050-21, 215-050-22, 215-050-44, 215-050-47
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
CITY OF CARLSBAD
APPROVED AS TO FORM:
~:uA rCJR[;torncy
Assistant City Attorney
17
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Jv l'1 d-1 ·;h1g before me, A~~Y\e,_d f\--z_;1. notary public, personally
appeared OoM' /J E. Sc c /e ~ , who proved to me on the basis of
satisfactory evidence to be the person(/! whose name(j) is/a.¢' subscribed to the within instrument
and acknowledged to me that he/s~ executed the same in his/h~ authorized
capacity(i~, and that by his/~r signature(.if on the instrument the person0', or the entity
upon behalf of which the person_v1 acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
~J:¼r=
Signature ofNotary
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
ST A TE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On June 29, 2018, before me, M. Sue Rudolph, Notary Public, personally appeared Donna Mathiasen,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity on behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
Signature J/{1J1ff ~ SEAL
a M. SUE RUDOLPH
Notary Public • California ~ Orange County I
z Commission# 2179370 ~ L .... ,Ml £0TT· Y£''.!5J:b 2-1snl
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
SS.
COUNTY OF ORANGE )
On June 29, 2018, before me M. Sue Rudolph, Notary Public, personally appeared Anita Davey, who
proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
Signature lr/.~ ~ SEAL
a M. SUE RUDOLPH
_ Notary Public · California
~ Orange County ~
z Commission # 2179370 ~ L ..... MJ goziT· ;X£i'.!sJ:b J}:nl
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
HAWAII
ST A TE OF G:ALivO~NIA
~.AWAII
COUNTY OF SA~,J 81£60
On 0""uf y E, c20l8 before me, CHr21Gft~"1-l.oMIN/H?D notary public, personally
appeared ~fZJC AAOJJfl::Rl) , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
++awai,
under the laws of the State of Califun;iia-that the
nd correct.
Christine N. Lominario
Notary Public, Third Judicial Circuit
Commiss' n No. 05-805
Notary Signature
comm. Exp. I Z-ZJ?-}l)a.l
NOTARY PUBLIC CERTIFICATION
1S V
EXHIBIT A
Legal Description of Restricted Property
A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 26 TOGETHER WITH A PORTION OF THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 23, BOTH IN TOWNSHIP 12 SOUTH, RANGE 4 WEST IN THE CITY OF
CARLSBAD, . COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER SECTION 26; THENCE,
ALONG THE EAST LINE OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER SECTION 26, SOUTH 00°22' 00" EAST 314. 36
FEET; THENCE, LEAVING SAID EAST LINE, NORTH 31 ° 16' 20" WEST 55. 31
FEET; THENCE NORTH 13°58'58" WEST 74.21 FEET; THENCE NORTH
43°30'23" WEST 63.77 FEET; THENCE SOOTH 77°21'30" WEST 60.32 FEET;
THENCE SOUTH 28°59'52" WEST 42.48 FEET; THENCE SOUTH 07°03'29"
WEST 30.72 FEET; THENCE NORTH 38°07'03" WEST 51.87 FEET; THENCE
NORTH 74°19'02" WEST 30.30 FEET; THENCE NORTH 50°43'48" WEST 97.56
FEET; THENCE SOUTH 87°51'27" WEST 44.37 FEET; THENCE SOUTH
34°44'24" WEST 29.15 FEET TO A POINT ON A NON-TANGENT 1,349 FOOT
RADIUS CURVE CONCAVE TO THE NORTHEAST, THE RADIAL TO SAID POINT
BEARS SOUTH 34°44'24" WEST; THENCE NORTHWEST ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 07°22'13" A DISTANCE OF 173.53
FEET; THENCE, NON-TANGENT TO SAID CURVE, NORTH 40°14'52" EAST
11.23 FEET; THENCE NORTH 02°29'02" EAST 37.87 FEET; THENCE NORTH
39°36'48" EAST 38.84 FEET; THENCE NORTH 71°15'56" EAST 60.16 FEET;
THENCE NORTH 84°51'07" EAST 49.78 FEET; THENCE NORTH 68°08'38"
EAST 16.44 FEET; THENCE NORTH 48°35'52" EAST 40.96 FEET; THENCE
NORTH 75°51'33" EAST 41.97 FEET; THENCE NORTH 89°00'24" EAST 70.65
FEET; THENCE NORTH 32°37'02" EAST 15.67 FEET; THENCE NORTH
88°46'20" EAST 23.68 FEET; THENCE NORTH 64°28'44" EAST 37.65 FEET;
THENCE NORTH 39°53'36" EAST 24.41 FEET; THENCE NORTH 24°02'32"
EAST 45.47 FEET; THENCE NORTH 71°02'08" EAST 36.63 FEET; THENCE
SOUTH 34°37'29" EAST 10.32 FEET; THENCE NORTH 63°15'49" EAST 77.49
FEET TO A POINT THE EAST LINE OF SAID SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23; THENCE, ALONG SAID
EAST LINE, SOUTH 00°33'08" WEST 234.08 FEET TO THE POINT OF
BEGINNING.
AREA= 3.10 ACRES MORE OR LESS
A PORTION OF NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
26, TOWNSHIP 12 SOUTH, RANGE 4 WEST IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PARCEL "A"
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 26; THENCE,
SOUTH ALONG THE WEST LINE OF SAID SECTION 26, SOUTH 0°42'45" EAST
264.44 FEET; TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID
WEST LINE, SOUTH 71°10'43" EAST 65.34 FEET; THENCE NORTH
88°06'12" EAST 50.63 FEET; THENCE NORTH 79°13'21" EAST 32.39 FEET;
THENCE NORTH 88°06'12" EAST 39.06 FEET; THENCE SOUTH 70°18'26"
EAST 31.49 FEET; THENCE NORTH 01°53'48" WEST 14.99 FEET; THENCE
NORTH 78°58'36" EAST 28.65 FEET; THENCE NORTH 88°06'12" EAST 31.55
FEET; THENCE NORTH 62°28'29" EAST 43.93 FEET; THENCE SOUTH
01°53'49" EAST 20.25 FEET; THENCE NORTH 88°06'12" EAST 112.14
FEET; THENCE SOUTH 85°53'47" EAST 63.35 FEET; THENCE NORTH
84°35'32" EAST 101.90 FEET; THENCE NORTH 63°50'18" EAST 141.02
FEET; THENCE NORTH 39 ° 59' 4 6" EAST 99. 99 FEET TO A POINT ON A NON-
TANGENT 1,451 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, THE
RADIAL TO SAID POINT BEARS SOUTH 41 ° 40' 54" WEST; THENCE SOUTHEAST
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°44'05" A
DISTANCE OF 170.55 FEET; THENCE, NON-TANGENT TO SAID CURVE, SOUTH
34°56'49" WEST 28.86 FEET; THENCE SOUTH 22°52'41" EAST 59.84 FEET;
THENCE SOUTH 59°50' 57" EAST 39.18 FEET; THENCE SOUTH 84°36' 49"
EAST 140. 07 FEET; THENCE SOUTH 62 ° 41' 37" EAST 19. 81 FEET: THENCE
SOUTH 40°16'45" EAST 35.57 FEET; THENCE SOUTH 61°54'08" EAST 53.16
FEET; THENCE SOUTH 02°32'05" WEST 16.97 FEET; THENCE SOUTH
51°13'29" EAST 57.42 FEET; THENCE SOUTH 83°45'43" EAST 12.01 FEET;
THENCE NORTH 77°11'31" EAST 98.68 FEET; THENCE SOUTH 85°28'20"
EAST 14. 92 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE, ALONG SAID
EAST LINE, SOUTH 00°22'00" EAST 225.50 FEET TO THE NORTHEAST
CORNER OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE, ALONG
THE NORTH LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, NORTH
89°32' 18" WEST 672 .14 FEET TO THE NORTHWEST CORNER OF SAID NORTH
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 26; THENCE, ALONG THE WEST LINE OF
SAID NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 26, SOUTH 00 ° 32' 22" EAST
274.59 FEET TO A POINT ON THE NORTHEAST LINE OF THAT SDG&E
EASEMENT AS DESCRIBED IN BOOK 5252, PAGES 186, 189 AND 192
RECORDED MAY 5, 1954; THENCE, ALONG THE WEST LINE OF SAID NORTH
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 26, SOUTH 00°32'22" EAST 208.89 FEET
TO A POINT ON THE SOUTHWEST LINE OF SAID SDG&E EASEMENT THENCE,
ALONG THE WEST LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26,
SOUTH 00°32'22" EAST 172.91 FEET; THENCE, LEAVING SAID WEST LINE,
NORTH 8 9 ° 2 8' 1 O" WEST 67 0. 1 7 FEET TO THE SOUTHWEST CORNER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE,
ALONG SAID WEST LINE OF SECTION 26, NORTH 00°42'45" EAST 905.43
FEET TO A POINT ON THE SOUTHWEST LINE OF SAID SDG&E EASEMENT;
THENCE, ALONG SAID WEST LINE, NORTH 00°42'45" EAST 141.46 FEET TO
THE TRUE POINT OF BEGINNING.
AREA= 21.4 ACRES, MORE OR LESS.
Parcel No. 5 and Parcel No. 6 of Grant Deed recorded as document number 2017-0488762,
Official Records recorded on October 20. 2017 in the office of the San Diego County
Recorder's office more particularly described as follows:
Parcel No. 5: (APN 215-050-45)
The South half of the Southeast quarter of the Northwest quarter of the Northwest quarter
of section 26. Township 12 South. range 4 West, San Bernardino Base and Meridian, in
the County of San Diego, State of California. according to United States Government
Survey. approved October 27, 1875.
Parcel No. 6: (APN 215-050-46)
The North half of the Southeast quarter of the Northwest quarter of the Northwest quarter
of section 26, Township 12 South. range 4 West. San Bernardino Base and Meridian, in
the County of San Diego, State of California. according to United States Government
Survey, approved October 27, 1875.
EXHIBIT B
Boundary Exhibit
EXHIBIT •a• --------------, LOT 9 DATA
IJ-19.00'
o· 100·
i-=:, I
SCALE: 1" • 100'
LOT 9 DATA
DELTA BEARING RADIUS
N J9'J$'48" £
N 7175'56" E
N B-l'Sl'or £
N 68'08'J8" £
N 89'00' ,I" W
2710 l..d<tr Aw. West. Sulle 100
c.lteCld, COlilornlO 92010
760-131-77DO
00a:,C<,naultan1& cam
APPLICANT
LOT 9 DATA
LENGlH
{[_
EXIST. PACIFIC lEl.EPHON£ 1k
TEI.BlRAPH CO. EASEJIENT
P£R DOC. NO. 21~
IO'l REC /X.'C.. 17. 1962
-----------.... _T ______ _
16 'SECTION LOT 9
15 LIN£ J.10 AC. S1./8Dl',ISO/
C.T. 1'-10 MAP No. __
80IJNOAHY
R£COR0£0 ___ _
LOTS 9 AND 10
EXHIBIT 'B'
8
LOT 10
(OPEN SPACE}
DATE: FEBRUARY 2-.l 2018
SHEET 1 Of J SHEETS
PR
A.P.N.
2710 Loker ,t,lfi!. IWNt S..ite 100
Ccmball. Calllomlo 92010
?S0-931-noo
OOo)Conllultanto.cam
APPLICANT
GEORGE Q2}A Y
EXHIBIT 'B'
LOT 10 DATA
fJg OB. TA/BEARING RADIUS LENGTH
1 N 00'22'00" W
2 N 89 'J2'f8" W
4 N 89'28'10" W
7 N llllrJ6'!2" E
9 N 88rJ6'fr E
11 N 01 '5J'48" W
13 N BBrJ6'12" E
14 N 62'28'29" E
15 N 01'53'.19" W
16 N 88'0/;'!2"£
f7 N 85SJ"1r W
18 N 84'35'32" £
19 N 6J'S0'!8" £
21 .ll • 06"H'o5" l.f.51.00'
22 N J4'56'.19" EfH
24 N 59'S0'5r W
26 N 62"1-1 'Jl" W
21 N 4076'.f.5" W
28 N 61'5-l7JIJ" W
29 N 02'32 VS. E
30 N 517J'29" W
31 N 83"5'1.J" W
J2 N 1n1'J1''£
JJ N 85"28'2o" W
672.14'
656.J9'
61a11·
1046.89'
65.34'
32.39'
39.06'
Jf.'19'
1-1.99'
28.65'
Jl.55'
43.DJ'
20.25'
/12./,1.'
6.I:JS'
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Ul.02'
99.99' 11ass·
28.86'
59.84'
J!l 18'
140.01'
19.81'
JS.57'
53.16'
16.97'
57.42'
12.01'
98.68'
LOTS 9 AND 10 DA TE: FEBRUARY 2~ 2018
EXHIBIT 'B' SHEET 2 Of J SHEETS
PR -
A.P.N.
RCE 32014 EXP. 12/JIAB
EASEMENTS OF RECORD
INol PURPOSE
2 POU TRANS11/SS/~ UNES
d' TREE TRWIIING
3 POYER TRANSAIISS/ON lJNES
.t TREE TRIW/NG
2710 Lohr Av.. Wttf, Suit• 100
Cartlbod, CdifornlQ 92010
780-931-7700
ODo)'Cor,1uHant1.com
APPLICANT
EXHIBIT 'B'
OWNER DOCUMENT REC. DATE
S.O.G.M. CQ BK. 5252. PG. 186,189tt192 MAY 28, 1954
S.D.C.M. ca 8K. 5356, PG. 162.17~118 SEP. 4 1954
'
LOTS 9 AND 10 OA TE: FEBRUARY~ 2018
EXHIBIT '8' SHEET J OF J SHEETS
PR
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I
I
EXHIBIT '8'
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PARCEL 6
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' ~ APN 215-050-45 ll (PARCEl 4) PARCEL 5
o· JOO'
1 L S112, SEf/4,
NW1/4, NW1/4 .'! ______________ __,
SCALE· 1• = 300' . I
2710 Loker ""'· West, Svite 100
Cort$bod, Cchlomio 92010
760-931-7700
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APPLICANT EXHIBIT '8'
DA TE: MARCH 16, 2018
SHEET OF 1 SHEETS
PR
AP.N.
EXHIBITC
Management Plan
[attached hereto]
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I
PRESERVE MANAGEMENT PLAN
for the
POINSETTIA 61 PRESERVE
CITY OF CARLSBAD, CALIFORNIA
Prepared for:
Lennar Homes
25 Enterprise, Suite 300
Aliso Viejo, California 92656
Contact: Alan Chik
Prepared by:
DUDEK
605 Third Street
Encinitas, California 92024
Contact: Jayme Timberlake, Restoration Ecologist
Tel. 760.479.4290
JUNE 2018
Preserve Management Plan for the Poinsettia 61 Preserve
TABLE OF CONTENTS
Section Page No.
1 INTRODUCTION .............................................................................................................. 1
1. 1 Purpose for Inclusion of the Preserve Area in the Habitat Management Plan ........ 1
1.1.1 Core 6 Description ...................................................................................... 1
1.1.2 Local Facility Management Zone 21 .......................................................... 2
1.2 Preserve Area History ............................................................................................. 8
1.3 Purpose of this Management Plan ......................................................................... 13
2 PRESERVE AREA DESCRIPTION ............................................................................. 15
2.1 Geographical Setting ............................................................................................. 15
2.2 Topography, Drainage, Land Use, and Soils ........................................................ 15
2.3 Conservation Easement Compliance .................................................................... 15
3 HABITAT AND SPECIES DESCRIPTION ................................................................. 17
3 .1 Vegetation Communities ...................................................................................... 17
3 .1.1 Coyote Brush Scrub .................................................................................. 18
3 .1.2 Coast Live Oak Woodland ........................................................................ 18
3.1.3 Southern Maritime Chaparral ................................................................... 19
3.1.4 Southern Willow Scrub ............................................................................. 20
3.1.5 Agriculture ................................................................................................ 20
3 .1.6 Disturbed Habitat ...................................................................................... 21
3.1.7 Eucalyptus Woodland ............................................................................... 21
3 .1.8 Poison Oak Scrub ...................................................................................... 21
3 .1.9 Ornamental Plantings ................................................................................ 22
3.2 Plant Species ......................................................................................................... 22
3 .3 Wildlife Species .................................................................................................... 22
3 .4 Threats ................................................................................................................... 23
4 MANAGEMENT AND MONITORING GOALS AND ASMDS ............................... 25
4.1 Biological Monitoring and Management .............................................................. 25
4.2
4.3
4.4
4.5
4.6
DUDEK
4.1.1 Long-Term Habitat Management and Monitoring ................................... 25
4.1.2 Long-Term Native Species Management and Monitoring ....................... 34
Public Outreach and Coordination ........................................................................ 36
4.2.1 Public Education to Promote Preserve Objectives .................................... 36
Fire Management .................................................................................................. 3 7
4.3.1 Fire Management Goals ............................................................................ 37
Constraints ............................................................................................................ 3 9
Potential Impacts ................................................................................................... 39
Preserve Management Task Summary .................................................................. 39
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June 2018
Preserve Management Plan for the Poinsettia 61 Preserve
TABLE OF CONTENTS (CONTINUED)
Section Page No.
5 ADAPTIVE MANAGEMENT ....................................................................................... 41
6 ADMINISTRATION AND REPORTING ................................................................... .43
6.1 Annual Reports, Work Plans, and PMP ................................................................ 43
6.1.1 Data Management ..................................................................................... 43
6.1.2 Communication and Coordination ............................................................ 43
6.1.3 Budget and Endowment Management ...................................................... 43
7 LITERATURE CITED ................................................................................................... 45
APPENDICES
A List of Plant Species Observed On Site
B Wildlife Species Observed On Site
C Poinsettia 61 Preserve Estimate for Long-term Management
FIGURES
Regional Map ....................................................................................................................... 3
2 Vicinity and HMP Existing Conditions Map ....................................................................... 5
3 HMP Planning Area and Proposed Preserve ....................................................................... 9
4 Biological Resources ......................................................................................................... 11
5 Restoration Onsite Map .................................................................................................... 27
TABLES
1 Vegetation Communities and Land Cover Types within the Preserve .............................. 17
2 Common Weed and Invasive/Exotic Species to be Controlled within the Preserve .............. 33
3 Preserve Management Task Summary ............................................................................... 39
DUDEK 8058
June 2018
Preserve Management Plan for the Poinsettia 61 Preserve
1 INTRODUCTION
1.1 Purpose for Inclusion of the Preserve Area in the Habitat
Management Plan
The proposed preserve area associated with the Poinsettia 61 Project (Project) contains a total of
approximately 34.7 acres of native vegetation and open space to be included in the Carlsbad
Habitat Management Plan (HMP; City of Carlsbad 2004a) Preserve. This Preserve Management
Plan (PMP) has been prepared to guide and monitor the long-term management of the preserved
open space areas (preserve) within the Project site (Figures I and 2).
The City of Carlsbad (City) is a member of the North County Multiple Habitat Conservation
Plan (MHCP; San Diego Association of Governments 2003) and has adopted an HMP, which is
a subarea plan under the MHCP. The MHCP is a comprehensive, multiple jurisdictional planning
tool designed to create, manage, and monitor ecosystem preserve areas in northwestern San
Diego County. The HMP is a citywide implementation plan that outlines how the City, in
coordination with the Wildlife Agencies, will preserve and protect native biological resources,
while allowing for development that is consistent with City's General Plan. The objectives of the
HMP are to assemble a preserve system that conserves the full range of vegetation types with the
focus on rare species and habitat; conserves areas capable of supporting covered species in
perpetuity; and maintains functional wildlife corridors and habitat linkages. Under the HMP, a
portion of the Project area, as well as surrounding lands, are within a Focused Planning Area
(FPA) of the City. FPA boundaries were created based on the existing distribution of vegetation
communities and sensitive species. The FPAs were broken down into HMP Cores, Linkages and
Special Resource Areas. These areas were further refined into Existing Hardline, Proposed
Hardline, and Standards Areas.
The on-site and adjacent preserve are associated with the Project are Standards Areas located
within the Local Facilities Management Zone 21, in the central portion of Core Area 6.
1.1.1 Core 6 Description
The HMP describes the Core 6 Focused Planning Area (FPA) as follows:
The Core 6 FPA, (approximately I, 134 acres), contains a critical stand of southern
maritime chaparral and a major stand of grassland. It also has several vernal pools.
The coastal sage scrub in this area supports approximately 12 gnatcatcher pairs.
Additional habitats include chaparral, open water, disturbed wetland, oak woodland,
eucalyptus woodland, and riparian forest. A critical population of Del Mar manzanita
(Arctostaphylos glandulosa ssp. crassifolia) and a major population of summer holly
are associated with the southern maritime chaparral in this Core. Core 6 has linkages
to Core 4, Core 5, Core 7, and Core 8 (Carlsbad 2004).
DUDEK 8058
June 2018
Preserve Management Plan for the Poinsettia 61 Preserve
1.1.2 Local Facility Management Zone 21
The HMP conservation goals for Local Facility Management Zone 21 include:
• Conserving the majority of remaining natural habitats and ensure a net loss of no more
than 10% of coastal sage scrub and southern maritime chaparral
• Ensure no net loss of wetland habitats, vernal pools, and oak woodlands
• Conserve habitats in a continuous configuration across the zone to allow for continued
east-west connectivity and animal movement between El Camino Real (Zone 10) and
Linkage Area F (Zones 19 and 20)
• Conserve narrow endemic plant populations
As a Standards Area, the proposed project must adhere to the following HMP planning standards
for Local Facility Management Zone 21:
• Conduct additional field surveys at the appropriate time of year to determine the extent
and location of sensitive species
• Restrict major areas for development to agricultural areas and disturbed habitat
• A void removing maritime succulent scrub, southern maritime chaparral, and any narrow
endemic plant populations identified during planning
• Minimize removal of coastal sage scrub and southern maritime chaparral
• Avoid impacts within the watersheds of vernal pools and to oak riparian forest.
• Ensure continuous habitat connectivity and wildlife movement east-west across the zone
with an average habitat width of 500 feet to 1,000 feet and a minimum constriction of
500 feet (where narrower constrictions don't already exist); however, in no case shall this
standard deny a property owner some reasonable use of their property
• If impacts to natural habitats cannot be avoided, they must be limited to disturbed, low
quality portions of the site
• Areas of highly disturbed, low quality southern maritime chaparral and coastal sage scrub
may be mitigated by a combination of on-site enhancement and off-site mitigation m
locations of higher quality habitat
• Mitigation for any allowed impacts shall be as stated in Table 11 on Page D-113
(Carlsbad 2004)
DUDEK 2
8058
June 2018
N
Pacific 0 Ce
e 0 15 ---1111111::===----Miles 5 10
i j DUDEK
PRESERVATION MANAGEMENT PLAN
MEXICO
FIGURE 1
Regional Map
Poinsettia 61 ~ .__ _____ ___._ ____________________________________________________ __.
Preserve Management Plan for the Poinsettia 61 Preserve
INTENTIONALLY LEFT BLANK
DUDEK 4
8058
June 2018
i ii ,,.,,
Ol>PYu,
SOURCE: City of Carlsbad 2013, 2015
c::::J Preserve Management Plan Boundary Existing Carlsbad HMP ---[ _ J Local Facilities Management Zones Existing Hardline
Focus Planning Areas
HMP Core
Proposed Hardline
-Standards Area
-Outside-Conserved
FIGURE 2
DUDEK Vicinity and HMP Existing Conditions Map I PRESERVE MANAGEMENT PLAN ~ .__ _______ ...... _______________________________ -'--______ :..P=oi::.:n::.s:.ett::i.:a..:6:..:1__J
Preserve Management Plan for the Poinsettia 61 Preserve
INTENTIONALLY LEFT BLANK
DUDEK 6
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June 2018
Preserve Management Plan for the Poinsettia 61 Preserve
Figure 3 provides an overview of the proposed and surrounding development, proposed new
preserve, and surrounding existing HMP hardline areas. As described above, the project must
adhere to the planning standards associated with the Local Facility Management Zone 21.
Approximately 25. I acres of the remaining undeveloped on-site areas will be preserved as open
space and incorporated into the HMP preserve. Additionally, 10.1 acres of adjacent, off-site land,
known as the Kevane Parcel, have been purchased, and will be restored and incorporated into the
HMP preserve (Dudek 2017a). The proposed project would convert the on-site properties and
off-site Kevane Parcel from a Standards Area to a Hardline Area; this change has been processed
through an HMP Consistency Finding (pursuant to Section E-3B of the HMP), a type of Minor
Amendment based on the following parameters:
I. The project's location in relationship to existing conserved habitat within the City;
2. The habitat types and any known occurrence of HMP Species and other species of
concern in and adjacent to the project area:
3. The expected location, type, and intensity of habitat impacts in the project area;
4. Any open space requirement identified for the area under the General Plan; and
5. Specific conservation measures to ensure compliance with zone-level and species-
specific standards.
The Project proposes to cluster development within existing disturbed areas to the maximum
extent feasible in order to comply with the HMP. Available native wildlife habitat in the area
would be reduced by approximately 22% (prior to on-site habitat restoration) and the corridor in
the eastern area of the site would be limited to approximately 300 feet in width in one area
(which matches the topographic width of the existing canyon through the site).
The development of the site is consistent with the HMP with respect to the covered species of the
HMP (Figure 4). Currently one narrow endemic, Del Mar manzanita, and one HMP-covered
plant species Nuttall's scrub oak (Quercus dumosa), was found to be present on site.
Within the Project, there is one narrow endemic plant species, the Del Mar manzanita, which
occurs on site. The Citywide standard for the narrow endemic species is to conserve 100% within
preserve areas and conserve at least 80% outside preserve areas. To maintain compliance with
the HMP, the Project was designed so diryct permanent impacts to the Del Mar manzanita plants
remain within the 20% threshold established by the HMP. Per the HMP guidelines, the Project
will not result in a substantial reduction of the species. No HMP-covered wildlife species are
found to be present on site.
The HMP management and conservation goals for these species are discussed below, in Section 4.0.
DUDEK 7
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Preserve Management Plan for the Poinsettia 61 Preserve
1.2 Preserve Area History
The preserve discussed herein includes approximately 34.7 acres of open space, which is made up of
undisturbed open space and areas that shall be restored to native, pre-disturbance conditions.
A new open space lot will be created for the preserve, which will be owned by the Poinsettia 61
Project HOA (Lot 9) and by the San Diego Habitat Conservancy (Lot 10 and Off-site Kevane ).
The preserve, now currently under ownership of one entity but previous parcel numbers are still
referred to for clarity, consists of several Assessor's Parcel Numbers (APNs), which are
identified in the Carlsbad HMP based on the previous ownership names (from north to south):
• APN 215-020-07 (Maldonado)
• APN 215-050-21 (Namikas)
• APN 215-050-22 (Sudduth)
• APNs 215-050-44, 215-050-47 (Kevane)
• APNs 215-050-46, 215-050-45 (Off-site Kevane)
In May 2014, the entire proposed preserve site burned during the Poinsettia wildfire that covered
approximately 362 acres within the City of Carlsbad (CAL FIRE 2014). A majority of the site is
returning to its original, primarily southern maritime chaparral vegetation community, although
it is still in a relatively early successional stage. Disturbance followers, such as tall wreathplant
(Stephanomeria virgata), chaparral bush mallow (Malacothamnus fasciculatus) and peak rush-
rose (Helianthemum scoparium), currently make up a majority of the cover on north-facing
slopes. Overall the site appears to be progressing towards recovery, with post-fire succession
proceeding in the predicted way -forb development, annual species establishment, and sprouting
of woody perennials. However, the bottom of the drainage that runs along the center of the site is
heavily infested with exotic species, such as non-native grasses and mustards. In addition, all of
the oaks on site are charred throughout. Some are sprouting from the base of the trunk or tips of
branches, but others have fallen over.
Those areas that are not developing well post-fire shall be aided by the restoration effort
associated with the Project mitigation. Restoration areas, detailed in the Final Conceptual
Restoration Plan for the Poinsettia Project (Dudek 2017a; Figure 5), include native areas that
were burned in the 2014 Poinsettia wildfires, and historically disturbed areas that sustained non-
native species invasions and/or excessive dumping of trash and debris from transient use and
trespassing. Long-term management will further assist a healthy recovery through targeted weed
control and maintenance of newly planted oaks.
DUDEK 8
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June 2018
EJ Preserve Management Plan Boundary Carlsbad HMP
Focus Planning Areas -Existing Hardline
HMP Core (Core Area 6) -Proposed Preserve
l2Z] Linkages -Standards Area
DUDEK SOURCE: Google Earth 2015; City of Carlsbad 2013, 2015; Oday 2015 FIGURE 3
HMP Planning Area and Proposed Preserve
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PRESERVE MANAGEMENT PLAN
Preserve Management Plan for the Poinsettia 61 Preserve
INTENTIONALLY LEFT BLANK
DUDEK 10
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June 2018
CPreserve Management Plan Boundary 2010 Plant LOC<1tiona Vegetation Communities
-AGR, Agriculture
8 100 200 --==---==!Feet
DUDEK SOURCE: Hll'lsalw 2014
• Del Mar manzanlta (Atctoslaphytos
9/andu/osa ssp. crassifola)
2014 Plant Locations
-CBS, Coyole Brush Scrub
c::::J DEV, Developed
~ dSMC, Disturbed Southern Maritime
Chaparral
C, Nuttall'• scrub oak (Quan:us dumosa) -DH, Disturbed Habitat SWS, Southern Willow Scrub
A summer holly (Comarostaphylis diversifolia) -EUC, Eucalyptus Woodland -dSWS, Disturbed Southern WIiiow Scrub
6 ::::a:/ (Pinus torreyana ssp. -LOW, coast uve Oak Woodland-=.;,'i:::~d:i'ri~: :::;~;dp!:~~l~CC
c::::JORN, Ornamental wetland)
FIGURE4
Biological Resources
PRESERVE MANAGEMENT PLAN Poinsettia 61
Preserve Management Plan for the Poinsettia 61 Preserve
INTENTIONALLY LEFT BLANK
DUDEK 12
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June2018
Preserve Management Plan for the Poinsettia 61 Preserve
1.3 Purpose of this Management Plan
The purpose of this Plan is to:
• Meet the requirements for environmental documentation to comply with local, state and
federal statutes and regulations;
• Guide management and monitoring of habitats, species, and programs described herein to
achieve the City's obligation to protect and enhance wildlife values under the MHCP,
HMP, and Implementing Agreement
• Guide appropriate public uses of the preserve area;
• Serve as a budget planning aid for annual budget preparation;
• Provide a descriptive inventory of native plant and wildlife species and habitats, which
occur on or use the preserve area.
DUDEK 13
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Preserve Management Plan for the Poinsettia 61 Preserve
INTENTIONALLY LEFT BLANK
DUDEK 14
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June 2018
Preserve Management Plan for the Poinsettia 61 Preserve
2 PRESERVE AREA DESCRIPTION
2.1 Geographical Setting
The approximately 34. 7-acre preserve property is located within the City of Carlsbad, San Diego
County, California. The preserve area is located on the north and south sides of Poinsettia Lane,
west of El Camino Real. Single-and multi-family residential development and an elementary
school surround the preserve; however, the preserve is adjacent to portions of HMP hardline on
the northeast and southeast sides, and an undeveloped Standards Area lot on the south side
(Figures 1 and 2). The site is located on the U.S. Geological Service 7.5 minute Encinitas
quadrangle map in sections 23 and 26, Township 12S, Range 3W.
2.2 Topography, Drainage, Land Use, and Soils
The preserve area is topographically diverse with gentle rolling hills throughout and a canyon in
the east. Topographic relief ranges from approximately 160 feet above mean sea level ( ams I) in
the south to approximately 310 feet ams! in the north. The entire site drains to the south and
flows into Batiquitos Lagoon via an unnamed tributary through the A viara Resort area.
Current on-site land use in the north is agriculture ( e.g., ornamental floriculture ). The southern
portion of the site, which shall be restored as a condition of the Project, is native open space and
vacant land that was heavily used as encampments for local homeless laborers prior to the
Poinsettia 2014 wildfires. The encampments included a network of trails, plywood housing
areas, cooking areas, and defecation areas; all of these activities occurred with limited clearing
and pruning of shrub cover, but with extensive clearing of understory herbaceous vegetation.
Two soil types are present on site: Corralitos loamy sand (CsB, 0%-5% slopes; CsC, 5%-9%
slopes) and loamy alluvial land-Huerhuero complex (9%-50% slopes, severely eroded)
(Bowman 1973). The Corralitos series consists of somewhat excessively drained, very deep
loamy sands that formed in alluvium derived from marine sandstone. These soils are present
in the northwest corner of the project area as well as the south central area. The loamy
alluvial land-Huerhuero complex occupies coastal ridges where the landscape is strongly
sloping to steep and severely eroded. Areas also support barren exposures of soft marine
sediments, sandstone, and shale; runoff is rapid and erosion is severe. This soil type occupies
the majority of the project area.
2.3 Conservation Easement Compliance
The Restrictive Covenant (RC), a type of Conservation Easement, describes the permitted and
prohibited uses of the preserve. This document is anticipated to be approved by March 2018, and
will be recorded thereafter.
DUDEK 15
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Preserve Management Plan for the Poinsettia 61 Preserve
The following are permitted uses:
• Habitat enhancement and restoration activities;
• Debris and exotic species removal;
• Installation of signs and fences as needed;
• Trail access.
The following are prohibited uses:
• Public access outside of official trails;
• Supplemental watering, unless for habitat restoration;
• Use of pesticides or fertilizers that are not consistent with the City's Integrated Pest
Management Plan;
• Incompatible fire protection activities;
• Use of off-road vehicles unless necessary for restoration/maintenance;
• Livestock grazing or other agriculture;
• Residential, commercial, retail, institutional, or industrial uses;
• Construction or placement of buildings or other improvements;
• Dumping of soil, trash, refuse, etc.;
• Planting or introducing non-native plants or animals;
• Filling, dumping, excavating, etc.;
• Altering the topography;
• Removing, destroying or cutting trees, shrubs, or other vegetation, unless required for
trail maintenance or habitat management;
• Manipulating, impounding or altering natural watercourses;
• Fuel modification zones.
Compliance monitoring will be conducted on an annual basis to document that the requirements
and stipulations in the RC are being followed. The compliance monitoring visit is conducted in
conjunction with other regularly scheduled visits and includes filling a form to document that the
preserve is in compliance with the RC and taking photographs at the specified photo monitoring
points as described in Section 4.1.
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3 HABITAT AND SPECIES DESCRIPTION
Field surveys in the preserve area have been extensive, conducted by Dudek biologists in various
capacities from May 2004 through April 2006. A focused post-fire botanical survey was conducted
by biologist Erin Bergman (EB) in April 2015. A restoration assessment was conducted in January
2016 by landscape architect John Minchin (JLM) and restoration specialist Jayme Timberlake (JT).
Detailed infonnation on the conducted biological surveys and biological resources of the preserve
site is provided in the Biological Resources Technical Report (Dudek 2017b).
3.1 Vegetation Communities
The preserve supports four types of special-status upland vegetation communities (including
associated disturbed and sub-type communities), special-status wetland vegetation
communities, and several upland vegetation communities and land cover types which are not
considered special-status (Figure 4 and Table 1). Below are brief descriptions of the vegetation
communities in terms of typical composition, on-site characteristics, and regional
sensitivity/rarity. A cumulative plant list is provided in Appendix A.
Table 1
Vegetation Communities and Land Cover Types within the Preserve
Vegetation/Land Cover Type Total*
Special-Status Upland Vegetation Communities
Coyote Brush Scrub 2.12
Coast Live Oak Woodland 4.47
Southern Maritime Chaparral 22.51
Disturbed and Burned Southern Maritime Chaparral 0.90
Southern Willow Scrub 0.19
Disturbed Southern Willow Scrub 0.05
Upland Vegetation Communities
Agricultural 1.05
Disturbed Habitat 2.42
Eucalyptus Woodland 0.16
Poison Oak Scrub 0.22
Ornamental Plantings 0.55
Total* 34.66
Note:
Numbers may not sum to total due to rounding.
Within the 34. 7 acres preserve, approximately 7 acres of creation/restoration of SMC habitat and
0.2 acre of restoration of LOW shall be implemented in fall 2018, with successful germination
and establishment expected in 2023. Restoration of these special-status upland vegetation
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communities shall occur in areas that are currently mapped (and exhibited in Table 1) as either
disturbed habitat, coast live oak woodland, or disturbed southern maritime chaparral.
3.1.1 Coyote Brush Scrub
Coyote brush scrub is not a plant community recognized under Holland (1986); however, it is a
commonly occurring, distinct community within Southern California. It is a sub-type of coastal
sage scrub, often representing lesser plant and animal diversity. The community is typified by
nearly monotypic stands of coyote brush (Baccharis pilularis) and often occurs in canyon bottoms.
A total of 2.12 acres of coyote brush scrub occurs in the lowest portion of the canyon in the southern
half of the project site. The on-site coyote brush scrub is dominated by coyote brush, poison oak
(Toxicodendron diversilobum), horseweed (Erigeron canadensis), and giant wild rye (Elymus
condensatus). Post-fire, giant wild rye is dominant in the eastern portions of the canyon. Giant wild
rye is a non-hydrophyte (F ACU), which means it usually occurs in non-wetlands, but may occur in
wetlands. Therefore, the occurrence of this species on its own is not a wetland indicator. Beardless
wild rye (Elymus triticoides), although senesced at the time of the survey, is also present in the
canyon bottom and growing in areas mapped as Coyote Brush Scrub (due to a very limited cover
from the species which did not meet the minimal mapping unit to require a change to the mapped
vegetation community). Beardless wild rye is considered a hydrophyte (F AC), meaning that it can
occur in a wetland or non-wetland area.
Data station 3b from the October 2017 jurisdictional wetland delineation indicates hydric soils in
areas mapped as Coyote Brush Scrub. Tarweed (Deinandra fasciculata; F ACU), small wirelettuce
(Stephanomeria exigua), giant rye, and senesced beardless wild rye are dominant species at this
delineation site. The presence ofhydric soils qualifies as a CCC wetland and this area has been noted
on Figure 4 as a potential CCC wetland. Further evaluation is recommended to determine post-fire
climax conditions.
Local, state, and federal agencies regulate impacts to this community in the same manner as
impacts to coastal sage scrub. In general, coyote brush scrub supports a diverse flora with
sufficient native shrub cover to support typical coastal sage scrub bird species. Coyote brush
scrub is considered a special-status vegetation community.
3.1.2 Coast Live Oak Woodland
Coast live oak woodland is a broad-leaved, sclerophyllous woodland dominated by a single
evergreen species -coast live oak (Quercus agrifolia). Canopy height ranges from IO to 25
meters. The shrub layer is poorly developed, and the herb component is dominated by a variety
of introduced taxa (Holland 1986).
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Coast live oak woodland occurs in the south-western portion of the preserve canyon, along
south-facing slopes. Coast live oak woodland areas historically supported a canopy of mature
coast live oak (Quercus agrifolia). However since the 2014 fire, the coast live oak woodland is in
a state of recovery. Most oaks have either perished, are alive but extremely charred, or are stump
sprouting. Within these areas, understory vegetation consists mostly of disturbance followers,
such as horseweed, tall wreathplant, chaparral bush mallow (Malacothamnus fasciculatus),
poison oak, and wild rye.
Coast live oak woodland is considered a special-status vegetation community due its rarity and
high value for wildlife.
3.1.3 Southern Maritime Chaparral
Southern maritime chaparral is a drought-adapted community characterized by large, woody, mostly
evergreen shrubs that regenerate rapidly following fire. This community is highly restricted
geographically, and ranges only from the City of Carlsbad south to about Del Mar. Dominant species
typically include chamise (Adenostoma fasciculatum), the federally listed endangered Del Mar
manzanita, wart-stemmed ceanothus (Ceanothus verrucosus), Nuttall's scrub oak, black sage (Salvia
mellifera), mission manzanita (Xylococcus bicolor), and Mojave yucca (Yucca schidigera). This
community typically occurs within 2 or 3 miles of the coast and on sandstone soils.
Owing to its restricted coastal distribution, southern maritime chaparral has been reduced by over 80%
of its historical range and is considered a special-status community. There are few large, functioning
patches of this habitat left and impacts are heavily restricted by local, state, and federal agencies.
Southern maritime chaparral dominates non-disturbed ( e.g., not affected by past human activity)
portions of the preserve area. This type of chaparral on site is dominated by chamise, Del Mar
manzanita, Nuttall's scrub oak, mission manzanita, and summer holly. Disturbed southern
maritime chaparral typically supports significant cover of bare ground, as well as pampas grass
(Cortaderia selloana), ice plant (Mesembryanthemum spp.), Russian-thistle (Salsa/a tragus), and
acacia (Acacia redo/ens). Since the wildfire in 2014, both disturbed and undisturbed mapped
SMC areas are in a state of recovery, with many disturbance followers dominating cover of SMC
and disturbed SMC mapped areas. Disturbance followers in all SMC areas include horseweed,
chaparral bush mallow, tall wreathplant, peak rush-rose, and other non-native species in lesser
quantities such as black mustard (Brassica nigra).
Approximately 4 acres, primarily in the southwestern portion of the site, was previously mapped
by Dudek as coastal sage scrub. The area supports a mix of species including coastal sagebrush
(Artemisia californica), flat-top buckwheat (Eriogonum dejlexum), and black sage.
Approximately 25 individual Del Mar manzanita are mapped within this community. This
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portion of the site has been previously mapped as both southern maritime chaparral and coastal
sage scrub (City of Carlsbad 1991 ), as disturbed coastal sage scrub/chaparral mix (REC 1999),
and was mapped by Dudek (2004 and 2014) as coastal sage scrub. The resource agencies have
reviewed the mapping of this area several times, but given the current post-fire condition, it is
currently uncertain whether the area will recover with predominantly coastal sage scrub or
southern maritime chaparral species. For the purposes of this report, the area is mapped as
southern maritime chaparral.
3.1.4 Southern Willow Scrub
Southern willow scrub is dense riparian vegetation dominated by willows (Salix sp.) with other
scattered winter-deciduous trees and little understory development. This vegetation occurs on
loose, sandy or fine gravelly alluvial soils near stream channels and is dependent on repeated
flooding (Holland 1986).
Southern willow scrub historically occurred m upper portion of the canyon bottom on site,
immediately adjacent to the Project development footprint. Since the 2014 wildfire, the southern
willow scrub vegetation areas are dominated by some burned arroyo willow (Salix lasiolepis)
trees, most of which are stump sprouting, and sparse understory of horseweed, poison oak, giant
wildrye, and pampas grass within the disturbed areas.
These stands were evaluated to determine if they meet ACOE/RWQCB criteria for wetlands. It
has been determined that due to the lack of sufficient wetland indicator criteria, including, hydric
soils and adequate hydrology, the southern willow scrub mapped vegetation are not considered
jurisdictional ACOE/R WQCB wetlands or non-wetland waters (ACOE 2008). The southern
willow scrub stands would also not be considered CDFW jurisdictional due to the lack of a
defined streambed within this area. However, the southern willow scrub stands would be
considered coastal wetlands by the CCC due to the presence of one of the three wetland criterion.
Southern willow scrub is considered a special-status vegetation community due to riparian
habitat having been greatly reduced in the region.
3.1.5 Agriculture
Agricultural lands may include any number of farming practices regularly in use on a property.
The preserve site historically supported a flower nursery which consisted of greenhouse
structures, sheds, and row crop fields.
Agricultural lands throughout the northern portion of the site shall be restored to SMC through
the mitigation program for the Project.
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3.1.6 Disturbed Habitat
Disturbed habitat refers to areas where mechanical disturbance has resulted in severely limited
natural vegetation growth. Disturbed habitat typically includes dirt roads, abandoned pads,
maintained ornamental plantings, and other man-made land covers.
Within the preserve site, disturbed habitat shall be limited to existing dirt roads along the
SDG&E easement and public trail. These roads shall be periodically regraded to maintain the
area as an access road for SDG&E utilities and as a dedicated as a public trail. All other currently
disturbed habitat is slated to be restored to SMC. Disturbed habitat is not considered a special-
status land cover type (City of Carlsbad 2008).
3.1.7 Eucalyptus Woodland
Although it is not recognized by Holland (1986), Oberbauer (2008) includes eucalyptus
woodland as a non-native vegetation type that is fairly widespread in Southern California. It
typically consists of monotypic stands of introduced Australian eucalyptus trees (Eucalyptus
spp.). The understory is either depauperate or lacking owing to shade and the possible
allelopathic (toxic) properties of the eucalyptus leaf litter.
Eucalyptus woodland currently occurs in a single area along the eastern border of the preserve,
south of Poinsettia Lane. The eucalyptus woodland area is dominated by a row of eucalyptus
trees (Eucalyptus sp.) with little understory. Within the preserve boundaries, the entire
eucalyptus woodland shall be removed and restored to SMC. Some eucalyptus woodland habitat
is likely to remain, since some trees exist outside the preserve boundary.
Although eucalyptus woodlands are clearly dominated by non-native species and are not considered
a special-status community, the community can provide important nesting and roosting habitat for
raptors. In addition, eucalyptus woodland would be subject to a mitigation fee as determined by the
City of Carlsbad per the Guidelines for Biological Studies (City of Carlsbad 2008).
3.1.8 Poison Oak Scrub
Poison oak scrub refers to areas that are dominated by poison oak. Since the 2014 wildfires,
poison oak is prevalent throughout the canyon bottom in primarily the upper portions of the
preserve. Poison oak is classified as a facultative upland (F ACU) species in the arid west and
therefore does not indicate the presence of a wetland (USDA 2016). CDFW provides a state
rarity ranking of 4 for this vegetation alliance, indicating that it is not a sensitive vegetation
community (CNPS 2016).
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3.1.9 Ornamental Plantings
Ornamental plantings include any maintained landscape areas. On the preserve site, this
designation includes areas within the preserve that shall be restored to SMC habitat. Ornamental
plantings are not considered special-status vegetation communities by City of Carlsbad per the
Guidelines for Biological Studies (City of Carlsbad 2008).
3.2 Plant Species
A total of 166 species of vascular plants, 82 native (49%) and 84 non-native (51%), were recorded
within the Project site. The site supports a moderate diversity of plant species due to the extensive
disturbance of approximately half the on-site Project area by past site activities/use and the relatively
few vegetation communities present. The 2014 Poinsettia Fire also decimated much of the site. The
complete list of plant species identified on site is included in the BTR (Dudek 2017b ).
Special-status plant species recorded from the project site are generally limited to areas mapped
as southern maritime chaparral. These special-status species are all perennial species and include
Del Mar manzanita, summer holly, and Nuttall's scrub oak.
Some species that occur within southern maritime chaparral in the region were determined to be
absent from the project site following spring, late-summer, and post-fire surveys. These species
include Shaw's agave (Agave shawii), aphanisma (Aphanisma blitoides), Orcutt's spineflower
(Chorizanthe orcuttiana), Encinitas baccharis (Baccharis vanessae), Blochman's dudleya
(Dudleya blochmaniae spp. blochmaniae), short-leaved dudleya (Dudleya brevifolia), and
Brand's phacelia (Phacelia stellaris).
3.3 Wildlife Species
Twenty-two species of wildlife were observed during the wildlife reconnaissance survey of the
Project site (Appendix B).
Special-status wildlife species were not detected during initial wildlife reconnaissance surveys on site
conducted by Dudek biologists from May 2004 through April 2006, and confirmed in February
2014. However, the federally listed threatened California gnatcatcher was observed within the
preserve boundaries and on adjacent parcels during a site walk conducted on October 5, 2017.
California gnatcatchers are presumed to occupy the site, with chaparral and scrub habitats used by
the California gnatcatcher for dispersal, foraging, and breeding.
Wildlife species detected during the biological field surveys at the on-site locations, including by sight,
calls, tracks, scat, or other signs, were recorded and are documented in the BTR (Dudek 2017b ).
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3.4 Threats
Prior to the Project, the open space areas (preserve areas) sustained pressures from transient use
and occupation. Transient encampments resulted in a network of trails, remnants of old trash and
debris and significant disruption of native habitat, including extensive clearing of understory
herbaceous vegetation. Trash and debris were significantly reduced during the Poinsettia 2014
fires; however cans, bottles and various dumped furniture still remain. All trash and debris will
be removed from the preserve area during the long-term (assumed to be 5-years) maintenance
and monitoring period associated with the restoration. However, the easy access to the site and
extensive canopy cover may likely still lure transient use of the site.
Non-native plant species pose a significant threat to the preserve, especially after the 2014
Poinsettia Fire. Since the fire, invasions from invasive non-native species, such as pampas grass,
castor bean (Ricinus communis), mustard, and star thistle (Centaurea melitensis), among others,
have been documented primarily in the canyon bottom of the preserve. Of these, pampas grass
and mustard pose the greatest risk for long-term management.
Though most of the southern willow scrub habitat on site was extensively burned in the 2014
fire, some stump sprouting of willow trees has been observed. Willow trees and other native
trees have the potential to attract invasive shot hole borers (SHB) (Euwallacea spp.). SHB are
two invasive, morphologically indistinguishable species of ambrosia beetle that have formed a
symbiotic relationship with a Fusarium fungus, which it introduces into the tree to provide food
for its larvae. Once established, the fungus stops the flow of water and nutrients throughout the
tree, leading to dieback of branches or the entire tree. The SHB-fungus complex has been
observed to be attacking and killing a wide range of both native and non-native tree species in
coastal Southern California from Santa Barbara to Mexico, as far inland as Riverside. If infected
with the SHB-fungus complex, trees can go from appearing healthy to dead in 3-6 months.
Goldspotted oak borer (GSOB) Agrilus auroguttatus is an invasive pest contributing to the on-
going oak tree mortality occurring in many open space areas of San Diego County. Isolated areas
of infestation have been confirmed in Riverside, Orange and Los Angeles Counties in southern
California. Frequent and educated monitoring of the preserve will be necessary for GSOB
infestation prevention and management.
Erosion also poses a significant threat to the preserve, especially after the recent fire and
considering the erodibility of soils. In areas where the fire left bare ground patches, erosion
issues are likely to be lessened through the implementation of the Project mitigation program
(Dudek 2017a). However, considering the erodibility of the soil, erosion control measures may
continue to be needed to prevent erosion from becoming a problem downstream. These measures
may include, but are not limited to organic matting, fiber rolls (straw wattles), and silt fencing.
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The presence of an SDG&E utility easement corridor with overhead utility lines presents some
threats to the preserve in the southeast portion of the site. An SDG&E access road runs through
the site for access to utility poles and towers, which was previously used as an informal
recreational trail by the public. This trail has been formalized as a condition of the development
Project and some littering and domestic pet issues are expected.
Increased human and pet access is often a concern in preserve areas and can result in increased
edge effects, such as trampling of vegetation, introduction of non-native species, unauthorized
dumping, harassment of wildlife, and other impacts. As part of the Project, permanent fencing,
which will include coyote roll bars, shall be installed where the development abuts the
northeastern portions of the preserve. Signs shall be posted along all the boundaries of the
preserve, precluding access due to habitat sensitivity and prohibiting dumping. Residents shall be
educated in access restrictions, control of domestic animals, prevention of irrigation runoff, and
sensitivity of habitats on site through their respective HOA's, however the adjacency of the
residential areas, and the allowance of public access on the dedicated trail will likely continue to
threaten the preserve.
The land manager will continue to work with the City of Carlsbad, SDG&E, and any other
resource agencies, to manage and monitor any issues that may arise from public trails and access,
including but not limited to pet waste, erosion, non-native vegetation, illegal trails, and homeless
encampments. Education and enforcement will be a continued partnership between the land
manager and the City to prevent and prohibit illegal or illicit activities, and to minimize any
threats to habitat. Additional signage will be posted along the trail in sensitive resource areas.
During the monthly patrols, any signs of human trespassing will be noted and maintenance
efforts will be allocated to preventing encroachment into the preserve. Should unexpected
erosion and/or excessive non-native encroachment occur, these preserve areas will be restored
and/or treated by the preserve manager utilizing the dedicated and/or contingency funds that
have been established through the endowment.
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4 MANAGEMENT AND MONITORING GOALS AND ASMDS
This section provides goals and tasks in the form of Area Specific Management Directives (ASMDs)
to direct management of and monitoring within this preserve. The monitoring and management of
the preserve follows the guidelines set forth in the Open Space Management Plan (OSMP) (City of
Carlsbad 2004), Section F(2) and F(3) of the Carlsbad HMP (City of Carlsbad 2004), the Guidelines
for Preserve Management (T AIC 2009), and the Management and Monitoring Strategic Plan for
Conserved Lands in Western San Diego County (SDMMP 2017). Long-term preserve management
and implementation of ASMDs will be the responsibility of the Preserve Manager. The management
and monitoring tasks prescribed for the preserve are detailed below. Trail maintenance and
associated fencing and signage will be the responsibility of the City.
Upon issuance of the grading permit, restoration shall be installed in the fall 2018, which shall
begin the 120 day plant establishment period and the long-term maintenance and monitoring
period. Long-term management will be initiated upon written issuance of the mitigation
obligation sign-off by the resource and regulatory agencies and City. Prior to in-perpetuity
preservation, initial mitigation/restoration tasks that will be conducted within the preserve
include, but are not limited to, weed removal, temporary irrigation use for plant/seed
establishment (installation and removal), restoration of the agricultural, disturbed habitat, and/or
ornamental areas to southern maritime chaparral, and restoration of disturbed coast live oak
woodland vegetation communities (Figure 5). The mitigation/restoration is discussed in detail in
the Final Conceptual Restoration Plan for the Poinsettia Project (Dudek 2017a) and is the
responsibility of Lennar Homes. The mitigation/restoration areas will not be included within the
preserve until the restoration has met the final performance standards and been issued a written
letter of approval/sign-off by the City and applicable resource agencies.
4.1 Biological Monitoring and Management
The biological goals for the PMP involve monitoring and management of the post-mitigation and
sign-off condition of the restoration and open space areas incorporated into the preserve.
4.1.1 Long-Term Habitat Management and Monitoring
Goal la: Maintain post-mitigation restoration and open space areas, including
approximately 29.2 acres of high-quality southern maritime chaparral
habitat, 0.2 acre of coastal sage scrub, 4.64 acres of coast live oak
woodland, and 0.25 acres of southern willow scrub, to provide habitat for
plant and wildlife species in perpetuity.
Goal lb:
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Monitor and manage habitat for use as an important wildlife movement
corridor through the site along the northeast-southwest drainage.
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Objective 1.1: Evaluate threats to native vegetation communities by monitoring
changes over time. Use monitoring results to prioritize and implement
a management strategy.
The preserve will be visually inspected for changes in non-native cover, pest infestations, habitat
damage, wildlife use, and overall health of the habitat communities during regular patrol,
maintenance and surveying activities. Post-fire vegetation succession will also be monitored to
ensure that the habitat continues to recover as predicted. If monitoring shows substantial changes that
could result in degradation of the habitat values (i.e., increase in non-native cover, invasive
species/pests, increases in erosion rills/gullies, human-caused habitat damage, etc.), appropriate
management actions will be developed and implemented. If necessary, the area will be monitored
more closely until it has stabilized naturally or as a result of remedial management measures.
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TRUE COPY CERTIFICATION
(Government Code 27361.7)
Place of Execution
I certify under penalty of perjury that this material is a true copy of the
original material contained in this document.
Cf' I cJ-1 I ;ti
Date
Type or Print Name
Rec.Form#R9.1 (Revised 11-15-10)
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SOURCE: Himaker 2015: SAM:>AG. 2012; Oday 2015
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PRESERVE MANAGEMENT PLAN
Rntorauon Habitat Trutmenls
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..,_.don Commun!Ues c:JORN, Ornamental
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Restoration Onslte Map
Poinsettia 61
Preserve Management Plan for the Poinsettia 61 Preserve
INTENTJONALL Y LEFT BLANK
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ASMD 1.1.1 General Vegetation Monitoring
A vegetation monitoring program will be conducted during the first year of long-term
management throughout the preserve and every five years thereafter using the following
methodology or other suitable method acceptable to the City:
• Vegetation will be mapped on a high quality l" = 100' scale aerial image and will be
updated using the most current vegetation classification system for San Diego County.
Vegetation mapping will be conducted concurrently with quantitative monitoring at five
year intervals. At this time, it is anticipated that vegetation communities will be classified
to conform to the List of Alliances and Associations (CDFG 2010), which follows A
Manual of California Vegetation (Sawyer et al. 2009). This mapping will be verified by
ground-truthing. A minimum mapping unit of 0.25 acre will be used. The final mapping
will be digitized and uploaded into a GIS database
• At least ten permanent photo-documentation stations will be mapped on an aerial photo
using Global Positioning Satellite (GPS) equipment. These locations will be selected to
capture large areas of contiguous habitat to allow for monitoring of visual changes in
habitat quality and quantity, and will be utilized at least on an annual basis. Photo point
locations will be established according to the Preserve Manager in order to obtain the best
view, but generally will be located at the north, south, east and west perimeters facing
into the preserve, and at four to six additional locations along the canyon, facing towards
the opposite direction from their corresponding location.
• Ten, 25-meter-long permanent point-intercept transects will be established in the preserve
areas and mapped with a GPS. The location of transects shall be determined randomly,
but shall be distributed throughout each of the upland and riparian vegetation
communities present. At least one transect shall be placed in the canyon bottom. The
purpose of this transect shall be to capture and record wetland status changes that may
occur within the canyon bottom, and assist in the determination of the presence and
percent cover of all hydrophytic vegetation and its relevance to the identification of new
wetland areas. In addition, all plant species present within 2.5-meter of transects will be
recorded. All data will be utilized to determine total percent plant cover, percent native
cover, percent non-native cover, overall species richness and diversity. Transect
monitoring shall take place in the spring, and every five years concurrent with the
vegetation mapping described below.
• In coast live oak woodland areas, surveys to assess individual trees, looking for signs of SHB,
gold-spotted oak borer, and/or other pests shall be accomplished during annual surveys. Status
of post-fire recovery will also be noted. These annual surveys will be conducted visually.
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ASMD 1.1.2 Wildlife Monitoring
Wildlife shall be supported primarily through the maintenance and management of habitat.
Wildlife monitoring will aid the maintenance and management of habitat. Wildlife monitoring
shall be conducted along with quantitative vegetation monitoring, and during regular patrols.
• Monitoring shall include, but not be limited to, monitoring the presence of gnatcatcher
and other birds, reptiles, amphibians and mammals, assessing tracks, scat, burrows, and
other signs of specific wildlife use.
ASMD 1.1.3 Post-Fire Monitoring
Post-fire monitoring will be conducted annually for five years following any fire that occurs in
the preserve, using the city's most current post-fire monitoring protocol (City of Carlsbad 2014):
• Qualitatively characterize and monitor plant community boundaries in relation to their
expected location, the presence/abundance of invasive plant species, and other disturbance
processes. The monitoring should include mapping of special-status species occurrences.
• Quantitatively monitor the post-fire conditions using 25-meter-long permanent transects.
The location of the transects shall be distributed throughout burned areas. Using the point
intercept method, collect percent cover of native and non-native species every meter.
Collect the following information within a 2-meter wide belt established on the uphill
side of the transect line: shrub density, herbaceous species density, and species richness.
• Conduct monitoring in the spring, and each year during the post-fire monitoring period.
• Monitor the trajectory of recovery to determine if succession is proceeding in the
predicted way.
• Monitor the fuel loads within the natural range of variation within the preserve boundary
or in concert with partners in other management areas. Maintain sufficient information on
fuel condition to be able to communicate to local residents in the wildland-urban
interface about current fuel condition.
• Monitor vigor and height of individual coast live oak trees, identifying each with a GPS
unit, to determine the overall health and re-establishment of the individual tree.
• Monitor canopy cover and recruitment in coast live oak woodlands to determine if the
stand is self-sustaining in relation to fire regime. Ensure oaks are reproducing, and that
the age structure, structural diversity, understory composition, and cover of individual
oak stands are within the desired range of natural variability for the community.
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Characterization of the post-fire areas shall be recorded on an aerial map of the particular post-
fire area. The site assessments shall also be documented in an annual memo, which shall be
submitted to the City each year that post-fire monitoring occurs.
Objective 1.2: Control authorized and unauthorized access to the preserve to prevent
damage to native vegetation communities and negative effects to wildlife.
No portions of the site shall be legally open to public access, except on the proposed City trail, if
it becomes formally established (Figure 5). However, access to the preserve areas is easily
accomplished at this time. Residential uses adjacent to the preserve will occur on all sides
following the construction of the Project. Despite fencing installed as a component of the
development, this future residential development adjacent to the preserve could result in a
significant increase in unauthorized foot traffic or encampments, which would cause impacts to
native habitat from unauthorized trails, trampling, trash and dumping, and impacts to wildlife
from unleashed dogs. The potential for these impacts would increase if the City's proposed trail
is installed in the future.
ASMD 1.2 Access Control and General Habitat Management
• Signs will be installed for access control and public education around the perimeter of the
open space preserve, as well as in sensitive resource areas along the trail. Each sign will
identify that the property is protected habitat, provide contact information, a list of illegal
activities, and other pertinent management information for the public and the HOA. Twenty
small (14 inches by 20 inches) aluminum signs displaying pertinent restrictive information,
such as "Habitat Conservation Area," and "No Trespassing" and "No brush management
activities beyond this sign" will be installed on posts at potential public access points. Initial
installation of signs will be provided by Lennar Homes and replacement will be the
responsibility of the Preserve Manager.
• Regular (at least monthly) patrols will be conducted by the Preserve Manager to
enforce preserve rules and regulations, and to look for signs of unauthorized access,
including trash and debris, unauthorized trails, presence of squatting/transient use, and
off-leash dogs. The preserve will also be inspected for damage or vandalism to signs or
fencing. The Preserve Manager will coordinate closely with the City Ranger Program,
and any illegal trespass, transient use, vandalism, and other illegal activities will be
reported to the Carlsbad Police Department, or other relevant city department, such as
Parks, Public Works, etc.
• If a City trail is installed in the future, maintenance of the associated directional fencing,
signage, and kiosks will be the responsibility of the City Parks and Recreation
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Department; however, the Preserve Manager will work closely with city staff to ensure a
coordinated effort to enforce trail regulations and protect habitat.
• General habitat management will include trash and debris removal, unauthorized trail
closure, and fence and signage repair and installation on an as-needed basis. The land
manager and the City will work together on identifying and rectifying any maintenance
needs, and on education and enforcement where needed. Habitat enhancement or minor
repair of damaged habitat ( e.g., weed removal, seeding, tilling, and/or planting) will be
performed as necessary.
Objective 1.3a: Control invasive non-native plant species to provide for the continued
health and persistence of native vegetation communities
Objective 1.3b: Detect new invasive species and new invasions early and control them
before the plants have a chance to become established.
The preserve is in the early successional stage of post-fire recovery. Often, post-fire conditions
can result in a dense infestation of exotic/invasive (non-native) species. The majority of the site
along the slopes is recovering well, and weed cover is relatively minor. However, at the bottom
of the drainage, which retains more soil moisture, non-native plant cover is currently denser. A
majority of the weed infestation issues shall be eradicated through the restoration process.
However, ongoing management of the drainage bottom will require a more intensive effort than
the slopes. Priority for ongoing weed removal should be given to species considered to be
invasive by the California Invasive Plant Council (Cal-IPC High and Moderate category species)
(Cal-IPC 2013), or species that are known locally to be a potential threat.
ASMD 1.3 Weed Control
Prioritization and methodology of invasive species control will be consistent with the San Diego
Management and Monitoring Program (SDMMP; SDMMP 2017). A general guide for target
exotic/invasive plants that should be controlled is included in Table 2 of this PMP. The most
common non-native species noted within the open space areas include, but are not limited to,
tamarisk (Tamarix ramosissima), hottentot-fig (Carpobrotus edulis), pampas grass (Cortaderia
sp.), and black mustard (Brassica nigra). For the purposes of open space preserve management and
maintenance measures, exotic weed species requiring control are divided into two groups; Low
Tolerance Species (Level 1-3) and No Tolerance Species (Level 4-5; Table 2) (SDMMP 2017). In
general, Low Tolerance Species are those that could potentially pose a threat to the persistence of
native habitats, but are usually limited in distribution and/or can be eradicated within focal areas.
No Tolerance Species with Level 4 and 5 and are considered strong invaders, are abundant and
widespread, and/or have the potential to displace native habitat.
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Table 2
Common Weed and Invasive/Exotic Species to be Controlled within the Preserve
Low Tolerance Species No Tolerance Species
Level 1-3 Level4-5
Common Name Scientific Name Common Name Scientific Name
Mustard Brassica spp.; Hirschfeldia Tree tobacco Nicotiana g/auca
incana
Russian thistle Sa/sofa tragus Radish Raphanus sativus
Yellow star thistle Centaurea solstitialis Crown daisy G/ebionis coronaria
Maltese star thistle Centaurea melitensis Pampas grass Cortaderia selloana
Long-flowered Ehrharta longiflora ice plant, hottentot-fig Carpobrotus spp.;
veldt grass Mesembryanthemum spp.
Globe chamomile Oncosiphon piluliferum English ivy Hedera helix
Non-native annual grasses Bromus spp., Avena spp., Sweet fennel Foeniculum vulgare
Vulpia myuros
Common Mediterranean Schismus barbatus Stinkwort Dittrichia graveolens
grass
Exotic/invasive plant species control will be an ongoing process in perpetuity. Eradication may
include removal by hand, weed whip, mowing or, if necessary, application of City-approved
herbicides according to the most current Integrated Pest Management (IPM) plan .. Herbicides
may only be applied by a licensed pesticide applicator under the supervision of a qualified
biologist. The least toxic method that effectively removes the exotic/invasive should be used,
based on the most effective method for the species and stage of plant development.
Exotic/invasive plant species control will be conducted twice per year during the rainy season, or
more often as needed to keep weeds at manageable levels. In addition, the following protocols
should be utilized when controlling exotic/invasive plant species:
• All debris and slash generated from the weed removal activities will be disposed of off
site in a legally acceptable manner.
• Invasive/exotic species shall be controlled when plants are young (i.e., 6-10 inches tall)
and prior to the formation of seed heads.
• If large areas require hand weeding (e.g., areas over 0.25 acre), seeding the area with a
native seed mix appropriate to the site and locally collected should be considered to
inhibit re-colonization of the area by non-native plant species.
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Objective 1.4: Protect habitat from degradation caused by erosion by implementation of an
erosion control program.
Any significant unnatural erosion occurring within the open space preserve shall be repaired promptly
after it is detected, to minimize additional soil loss. For the purposes of this document, unnatural
erosion is considered to be erosion that may occur as a direct or indirect result of human activity.
ASMD 1.4 Erosion Control
The following erosion control measures/tactics shall be implemented, as necessary, to prevent
recurring erosion problems.
• Monitor bridge footings for excessive erosion, to prevent significant edge impacts on
the preserve.
• Excessive erosion within the preserve will be addressed through Best Management
Practices (BMP) such as use of straw wattles with biodegradable netting, silt fencing,
coconut fiber blankets, re-seeding bare areas, and other measures, as appropriate. BMPs
that maximize the use of native and/or biodegradable material should be selected
whenever feasible. Non-biodegradable material, such as silt fencing should be removed
once the area has been stabilized. All BMPs will be weed free and use of nylon netting is
prohibited, as it can trap and kill small wildlife.
• Controlling access to the preserve, as outlined in the Objective 1.2 section above, and
through public education will help to minimize erosion from unauthorized foot trails.
• Reparation of any erosion damage to the preserve caused by erosion or slope failure
outside of the preserve (e.g., along manufactured slopes) is the responsibility of the
Homeowner's Association (HOA).
4.1.2 Long-Term Native Species Management and Monitoring
Goal 2a:
Objective 2.1:
Maintain populations and diversity of native plants and wildlife, including
special status species, at or above baseline levels.
Implement management and monitoring to protect native habitats and
wildlife movement corridor, ensure the persistence of special status plants
and animals, and reduce or eliminate threats to the special status species.
One HMP-covered plant species (Nuttall's scrub oak), and one federally endangered/narrow
endemic species (Del Mar Manzanita) occur on site. Presence/absence surveys for these species
will be conducted every 5 years. For other special status plant species, it is assumed that
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monitoring the preserve as specified in Section 4.1.1 and managing the habitat will be sufficient
to maintain the species.
Although the federally threatened/HMP-covered California gnatcatcher was not observed on site
during general wildlife surveys conducted in 2004 and 2006 (Dudek 2017b ), this species was
observed on the eastern portion of the preserve during a site visit conducted by Dudek, the City,
and Wildlife Agencies October 5, 2017. Therefore, chaparral and scrub habitats throughout the
preserve are presumed to be used by gnatcatchers for dispersal, foraging, and breeding.
ASMD 2.1.1 Species Monitoring
• Conduct regular (at least monthly) patrols to protect sensitive species habitat from human
impacts as described in Section 4.1.1.
• Conduct vegetation monitoring pursuant to Section 4.1.1.
• A void activities that may disturb special status species during the breeding season
(February 15 through August 31 ), such as exotic/invasive plant species removal that
involves gas-powered machinery (e.g., chainsaws and weed whippers).
• Conduct wildlife movement monitoring along the movement corridor by installing trail
cameras at strategic locations on both sides of the Poinsettia Lane bridge. Evaluate the
condition of the movement corridor to encourage movement by medium to large mammals.
• Monitor the population status of Del Mar manzanita on site every five years using a
systematic survey that accounts for relative abundance and population boundaries
(TAIC 2009). During the survey, note the status of summer holly and Nuttall's scrub
oak, conduct a threats assessment, and note the general condition of the habitat. The
timing of the surveys is not critical because the species is perennial and observable
year-round. Signs of loss or degradation to these special status species and/or habitat
shall be qualitatively evaluated during all patrols, so any issues that are present prior to
the 5-year survey period will be observed and an adaptive management strategy will be
developed, as necessary
• Conduct general biological surveys every five years to document all species that occur on
site and locations of special status plants and wildlife. Submit this information to the city
as part of the preserve-specific annual report, along with the GIS shapefiles.
• Conduct California gnatcatcher focused surveys annually for three years (baseline
surveys), and thereafter every 9 years, consistent in timing with the citywide monitoring
program. The focused surveys will be conducted by a biologist holding a valid 1 0(a)
permit. Focused surveys will consist of three site visits during the breeding season, with
surveys conducted during February through August as deemed most appropriate by the
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biologist, with at least a seven-day interval between site visits, in accordance with
USFWS survey requirements (USFWS 1997) during the baseline surveys, and will follow
the protocol developed for the citywide monitoring program during subsequent years
(City of Carlsbad 2013 ). A report detailing the results of the focused survey will be
prepared and to the City as an appendix to the preserve-specific annual report.
• Signs of loss or degradation to Del Mar Manzanita species and habitat shall be
qualitatively evaluated during all patrols, so any issues that are present prior to the 5-
year survey period will be observed and an adaptive management strategy will be
developed, as necessary.
ASMD 2.1.2 Species Management
• Remove non-native plant species that degrade sensitive species habitat consistent with
Section 4.1.1. This habitat management will benefit sensitive species occurring on site.
• Remove barriers to wildlife movement along the bottom of the drainage (movement
corridor), including trimming excessive vegetation, removing encampments and trash,
and implementing access controls, as described in Section 4.1.1.
• Conduct appropriate management actions necessary to protect sensitive species, based on
the results of the targeted species monitoring and threats assessment.
4.2 Public Outreach and Coordination
4.2.1 Public Education to Promote Preserve Objectives
Goal la:
Objective 1.1:
Limit public access and use in order to be compatible with the conservation
goals and obligations of the HMP and MHCP, while providing public
outreach and education on the importance of the preserve.
Implement management and monitoring to protect native habitats and
wildlife movement corridor, ensure the persistence of special status plants
and animals, and reduce or eliminate threats to the special status species.
ASMD 1.1.1 Outreach Program
• The Preserve Manager will develop an education program and hand-out materials
targeted at the residence and HOAs of adjacent neighborhoods, and may attend board
meetings occasionally as necessary to discuss issues related to unauthorized access,
fencing, erosion, etc.
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• The Preserve Manager will be expected to interface with the adjacent residents to educate
them about the preserve and to solve problems (may include educational materials,
attendance at Board Meetings, etc.).
• The Preserve Manager will post appropriate signage. Each sign will identify that the
property is protected habitat, provide contact information, a list of illegal activities, and
other pertinent information (see Section 4.1.1 ).
ASMD 1.1.1 Public Access Management and Monitoring
• The Preserve Manager will patrol and enforce access rules and regulations on a regular
basis (at least monthly).
• The Preserve Manager will allow access to the preserve for science, research, and
volunteer habitat management (trash removal, invasive plant removal), as long as these
activities do not adversely affect the preserve.
• The Preserve Manager will remove debris and trash within the preserve (see Section 4.1.1 ).
4.3 Fire Management
Protecting human life and safety is the first priority of every fire management activity. This is the
responsibility of the City of Carlsbad fire department. It is expected that the fire department will
suppress 100% of all unplanned wildland fires, regardless of ignition source, to the smallest size
possible, protecting preserved habitat and adjacent property. Wildland fire is a substantial threat
to the preserve based on its large size and by the wildfire history on site. Therefore, there will be
no brush control or fire/fuel management activity within the preserve.
Fire is a naturally occurring event that produces healthy vegetation. The proposed Poinsettia
development project has the required fuel management zones that are all contained within the HOA-
managed portion of the property (outside of the preserve). If a fire occurs within the open space
preserve, which burns all or a portion of the site, natural recovery will be favored. If remedial
actions are deemed necessary, then aided habitat regeneration methods will be used.
4.3.1 Fire Management Goals
Goal 1: Ensure habitat recovery after fire
Objective 1.1: Manage post-fire native vegetation communities by monitoring changes
over time, per Section 4.1.1, and implementing appropriate strategies.
Fire is a natural occurrence in the San Diego County back country. Many upland, as well as native
wetland, species are adapted to survive and recover following a fire event. Should fire damage or
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reduce the native cover and/or cause other damage to the site, an assessment will be made to
determine the level of damage and an appropriate course of action as demonstrated in this PMP.
Post-fire recovery will be different for each habitat type, degree of fire damage, etc. Therefore,
the determination of recovery targets and/or remedial actions will be conducted in coordination
with the City HMP Habitat Management Program
ASMD 1.1.1 Post-Fire Monitoring and Management
• Monitoring of the trajectory of recovery shall occur to determine if succession is
proceeding in the predicted way. Protocol for post-fire monitoring is discussed in detail in
in Section 4.1.1.
• Using monitoring results, develop a rigorous non-native, invasive species removal
program to prevent encroachment from non-native, invasive species into burn areas.
• Using monitoring results, determine the best approach for aided habitat regeneration,
which may range from letting the site recover on its own with invasive plant species
control, removing burned snags to reduce organic build up/future fuel loads, and/or
replanting/seeding portions of the site.
ASMD 1.1.2 Post-Fire Plant Establishment and Erosion Control
• If replanting and seeding is determined to be the best method of reestablishment for the burned
vegetation community, container stock shall be installed using industry standard techniques.
• A hole two times the diameter of the rootball and the same depth as the rootball will be
excavated to receive the container plants. Each hole will be filled with water and allowed
to drain prior to plant installation and soil backfill. Each container plant rootball shall be
scarified prior to installation. Planting soil backfill shall be amended native soil, as
needed. Tree species from container plants shall be caged to protect them from herbivory.
• Container stock will receive a 2-inch thick layer of organic mulch after planting, 18
inches out from the base of each plant, to reduce weed growth and water evaporation.
• If seed is needed as well as container stock, seed will be installed once the container stock
has been planted and all weeds removed. Seed and the specified soil amendments and
fertilizer may be applied by hand and raked in to the soil surface in areas where hydroseed
equipment is unable to reach due to width, existing plant density or steepness restrictions.
The reestablishment areas shall be hydroseeded with the appropriate seed mix, as
determined by the Preserve Manager.
• Where needed, appropriate erosion control BMPs measures, such as, but not limited to, jute
matting, rice straw wattles, fiber rolls, gravel bags, and/or additional hydroseeding will be
installed on the slopes and areas needing erosion control protection. Silt fencing shall also be
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placed at the bottom of slopes, and along the low points of the burn areas bordering native
habitat to serve as erosion control protection. All BMPs will be certified as weed free.
4.4 Constraints
Due to the potential for nesting habitat and potential presence of the federally listed threatened
coastal California gnatcatcher, limitations to maintenance activities within the preserve may be
necessary. Exotic/invasive plant species removal may need to be postponed, minimized or
amended within the bird breeding season, typically February 15 through August 31 for most
species, and January 1 through August 31 for raptors.
4.5 Potential Impacts
Potential impacts from monitoring and management may occur if exotic/invasive plant
species removal is conducted during the bird breeding season. The federally
threatened/HMP-covered coastal California gnatcatcher was observed within the preserve
boundaries and on adjacent parcels during a site walk conducted on October 5, 2017. California
gnatcatchers are presumed to occupy the site, with chaparral and scrub habitats used by the
California gnatcatcher for dispersal, foraging, and breeding. To avoid impacts to the coastal
California gnatcatcher and any other breeding birds, exotic/invasive removal may need to be
conducted by hand or outside of the breeding season if nests and/or California gnatcatcher
are detected during biological surveys.
No other impacts from the monitoring and management activities are anticipated.
4.6 Preserve Management Task Summary
Planned management actions at the preserve are summarized in Table 3.
Table 3
Preserve Management Task Summary
Task
Site patrol and general biological
management and monitoring
Habitat and oak monitoring, including
fixed photos point
Special-status plant species monitoring
Vegetation mapping/revisions, including
quantitative cover assessments
California gnatcatcher protocol survey
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Timing
Monthly
Annually
Every 5 years during a monthly site visit
Once at beginning of long-term, and every
5 years.
Annually for 3 years; every 9 years
thereafter
39
Staff Type
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Qualified Biologist with 10(a) permit
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Task
Wildlife movement monitoring and
management
Exotic/invasive species control
Trash removal, fence and sign repair
Post-fire monitoring/management,
habitat restoration/enhancement,
erosion repair, etc.
Public awareness and outreach
Annual report
Preserve Management Plan update
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Table 3
Preserve Management Task Summary
Timing
Annually, with as-needed camera
assessments during annual visits
At least twice annually
As needed during monthly visits
As needed after a fire
Once annually based on communication
with HOA, and as needed
Once annually
Every five years
40
Staff Type
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Preserve Manager or qualified staff
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5 ADAPTIVE MANAGEMENT
Adaptive management is defined as a flexible, iterative approach to the long-term management of
biological resources that is guided over time by direct observation of the results of ongoing
management activities. Preserve areas are subject to a variety of changing conditions including
natural variability in species populations and habitat community structure, alteration of the biotic and
abiotic conditions as a result of global climate change, legal changes such as new listings or de-
listings of resident species, and social issues such as increasing pressures from recreational use.
General adaptive management includes the utilization of annual qualitative assessments and data
gathered in the field to assess the overall effects of management on the health and vigor of habitat
within the preserve area. Active adaptive management consists of targeted hypothesis testing to
answer specific questions. For example, active management may involve running trials to compare
different treatment methods on a specific weed species to determine the most cost effective control
methods. Although most land managers do not have the personnel, expertise, or funding to
implement this type of hypothesis testing, they can learn from the work others have done through
networking and literature reviews. It is important that adaptive management be used to learn and to
evolve the management/monitoring program by evaluating the effects of management actions and
using this information to re-evaluate goals, objectives, and priorities. As such, adaptive management
for the preserve will include the following:
• Sound record keeping will provide the support for any changes that occur and will
document when conditions continue to be stable.
• Analysis and interpretation of the information gathered from the site will be viewed in
context with results from other preserve areas as appropriate.
• Management methods and priorities will be based on lessons learned from on-site
monitoring, coordination with the SDMMP Program, and a review of literature pertaining
to land management and species biology.
• The Preserve Management Plan will be updated every five years in order to re-evaluate
goals, objectives and ASMDs.
This PMP provides the biological monitoring methods and schedule that provides input into the
adaptive management approach. Adaptive management measures shall be limited to funds
available as detailed in the Property Analysis Record (PAR).
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6 ADMINISTRATION AND REPORTING
6.1 Annual Reports, Work Plans, and PMP
Annual reports detailing all management activities and an annual financial summary are required
under the HMP. Additionally, the annual reports will include the results of plant and wildlife
surveys that were conducted that year. Annual reports will be submitted to the City and other
appropriate organizations. The annual report will include information on the extent and condition
of the habitats, changes to the condition of the habitat or species, summary of management
issues/tasks, and recommendation for tasks for the upcoming year. The annual report also will
include the photographs of the site from fixed photo points, a summary of the endowment, the
funds generated and expenses incurred as well as maps that show species locations and the
vegetation communities.
6.1.1 Data Management
All incidental observations of sensitive species will be documented with a handheld GPS and
input into GIS. Data for focused plant and wildlife surveys, vegetation mapping and invasive
species mapping will also be collected and added to the GIS data layer. All GIS data will be
submitted to the City as GIS shapefiles, which will be formatted in coordination with the City
and include appropriate metadata.
6.1.2 Communication and Coordination
The Preserve Manager will be responsible for coordinating with the City HMP Administrator,
adjacent land managers, adjacent residents, adjacent HOA board members, HMP program, and
regional management and monitoring entities such as SDMMP as necessary.
6.1.3 Budget and Endowment Management
Lennar Homes will be responsible for all funding requirements for this PMP. This would include
establishing a non-wasting endowment to fund the PMP based on the Property Analysis Record
(PAR) approved by the City and Wildlife Agencies (Appendix C). The non-wasting endowment
will be held by the San Diego Foundation. Long-term management tasks involve activities
associated with the management and maintenance of the preserve in perpetuity as funding
permits and include habitat monitoring/mapping, exotic species control, species surveys, general
management, and public outreach as described in this PMP. The PAR includes contingency
funds to address unforeseen events.
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7 LITERATURE CITED
ACOE (U.S. Army Corps of Engineers). 2008. Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Arid West Region (Version 2.0). TR-08-28.
Bowman, R.H. 1973. Soil Survey, San Diego Area, California, Part 1. United States Department
of the Agriculture. 104 pp. + appendices.
Cal-IPC. 2013. California Invasive Plant Inventory. California Invasive Plant Council, Berkeley,
California. Available: www.cal-ipc.org/paf.
CDFG (California Department of Fish and Game). 2010. Hierarchical List of Natural Communities
with Holland Types. Sacramento, California: CDFG. September 2010. Accessed September
12, 2017. https://www.wildlife.ca.gov/Data/VegCAMP/Natural-Communities/List.
City of Carlsbad. 1991. Draft Program Environmental Impact Report for the Zone 20 Specific Plan
Project, Carlsbad, California. Prepared by Brian F. Mooney Associates. December 1991.
City of Carlsbad. 2004a. Habitat Management Plan for Natural Communities within the City of
Carlsbad, as amended. Planning Department. November 2004.
City of Carlsbad. 2004b. Open Space Management Plan. Prepared by TAIC in association with
Center for Natural Lands Management (CNLM), September 2014.
City of Carlsbad. 2008. Guidelines for Biological Studies. Prepared by TAIC.
City of Carlsbad. 2013. California Gnatcatcher Monitoring Program for the City of Carlsbad. Last
updated 2013. Prepared in coordination with Center for Natural Lands Management (CNLM).
City of Carlsbad. 2014. Carlsbad HMP Post-fire Monitoring Protocol. Prepared September 11,
2014 in Coordination with Center for Natural Lands Management.
City of Carlsbad. 2017. Poinsettia 61 Proposed HMP Minor Amendment -Consistency Findings.
CNPS. 2016. Inventory of Rare, Threatened, and Endangered Plants of California (online
edition, v8-02). Sacramento, California: CNPS, Rare Plant Program.
http://www.rareplants.cnps.org.
Dudek.2017a. Final Conceptual Restoration Plan for the Poinsettia Project. Carlsbad,
California. October.
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Dudek. 2017b. Biological Resources Technical Report for the Poinsettia Project Site.
Carlsbad, California. April.
Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California.
Nongame-Heritage Program, California Department of Fish and Game. October 1986.
Oberbauer, T., M. Kelly, and J. Buegge. 2008. Draft Vegetation Communities of San Diego
County. March 2008.Accessed March 2016. http://www.sdcanyonlands.org/
pdfs/veg_ comm _sdcounty _ 2008 _ doc.pdf.
SANDAG. 2003. Volume I: Final MHCP Plan for the Cities of Carlsbad, Encinitas, Escondido,
Oceanside, San Marcos, Solana Beach, and Vista. Prepared for the Multiple Habitat
Conservation Program. March 2003. Accessed March 6, 2015. http://www.sandag.org/
programs/environment/habitat_preservation/mhcp _ vol l .pdf.
Sawyer, John 0., T.Keeler-Wolf, and J. Evens. 2009. A Manual of California Vegetation. 2nd
edition. Sacramento, California: California Native Plant Society.
SDMMP (San Diego Management and Monitoring Program) and The Nature Conservancy. 2017.
Management and Monitoring Strategic Plan for Conserved Lands in Western San Diego
County: A Strategic Habitat Conservation Roadmap. San Diego Association of
Governments (SANDAG).SDMMP 2017.
T AIC (Technology Associates). 2009. Guidelines for Preserve Management. Prepared for the
City of Carlsbad, July 2009.
USDA (U.S. Department of Agriculture). 2016. PLANTS Database. USDA Natural Resources
Conservation Service. http://plants.usda.gov/java/.
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APPENDIX A List of Plant Species Observed On Site
APPENDIX A
List of Plant Species Observed On Site
VASCULAR PLANT SPECIES
LYCOPODIAE
SELAGINELLACEAE-SPIKE-MOSS FAMILY
Selaginella cinerascens -mesa spike-moss
ANGIOSPERMAE (DICOTYLEDONS)
ADOXAE-MUSKROOTFAMILY
Sambucus nigra ssp. caerulea -blue elderberry
AIZOACEAE-CARPET-WEED FAMILY
*
*
*
*
Carpobrotus chilensis -sea fig
Carpobrotus edulis -hottentot-fig
Mesembryanthemum crystallinum -crystal ice plant
Mesembryanthemum nodiflorum -small-flowered ice plant
AMARANTHACEAE-AMARANTH FAMILY
* Amaranthus hypochondriacus -Prince-of-Wales feather
ANACARDIACEAE-SUMAC FAMILY
Malosma laurina -laurel sumac
Rhus integrifolia -lemonade berry
Toxicodendron diversilobum -poison-oak
APIACEAE-CARROT FAMILY
* Foeniculum vulgare -sweet fennel
ASTERACEAE -SUNFLOWER FAMILY
Ambrosia psilostachya -western ragweed
Artemisia californica -coastal sagebrush
Aster subulatus var. ligulatus -slim aster
Baccharis pilularis -coyote brush
*
*
*
*
Baccharis salicifolia -mulefat
Carduus pycnocephalus -Italian thistle
Centaurea melitensis -tocalote
Cirsium occidentale -cobwebby thistle
Cirsium occidentale var. californicum -California thistle
Cirsium vulgare -bull thistle
Conyza canadensis -horseweed
DUDEK A-1
8058
June 2018
APPENDIX A (Continued)
* Conyzajloribunda-horseweed
Corethrogyne filaginifolia var. linifolia -Del Mar Mesa sand aster
* Cotula australis -Australian waterbuttons
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Deinandrafasciculata [=Hemizoniaf] -fascicled tarweed
Encelia californica -California bush sunflower
Erigeron bonariensis -flax-leaved horseweed
Erigeron canadensis-Canadian horseweed
Erigeron sumatrensis -asthmaweed
Eriophyllum confertijlorum -long-stem golden yarrow
Fi/ago californica -California filago
Fi/ago gallica -narrow-leaf filago
Glebionis coronaria -crowndaisy
Gnaphalium bicolor -bicolor cudweed
Gnaphalium californicum -California everlasting
Gnaphalium canescens ssp. microcephalum -white everlasting
Gnaphalium palustre -western marsh cudweed
Hazardia squarrosa ssp. grindelioides -saw-toothed goldenbush
Hedypnois cretica -Crete hedypnois
Helminthotheca echioides -bristly oxtongue
Heterotheca grandijlora -telegraph weed
Hypochaeris glabra -smooth cat's ear
lsocoma menziesii -goldenbush
Lactuca serriola -prickly lettuce
Logfia gallica -narrow leaf cottonrose
Matricaria disco idea -disc mayweed
Picris echioides -bristly ox-tongue
Pluchea odorata -marsh-fleabane
Psilocarphus tenellus -slender woollyheads
Pseudognaphalium beneolens-Wright's cudweed
Pseudognaphalium californicum -ladies' tobacco
Senecio vulgaris -old-man-in-the-spring
Sonchus asper -spiny sowthistle
Sonchus oleraceus -common sow-thistle
Stephanomeria diegensis -San Diego wreathplant
Stephanomeria virgata -twiggy wreathplant
Stylocline gnaphaloides -everlasting nest straw
Tagetes erecta -Aztec marigold
Taraxacum officinale -common dandelion
Xanthium strumarium -cocklebur
DUDEK A-2
8058
June 2018
APPENDIX A (Continued)
BORA GINACEAE -BORA GE FAMILY
C-ryptantha intermedia -clearwater cryptantha
Eucrypta chrysanthemifolia -spotted hideseed
Heliotropium curassavicum -wild heliotrope
Phacelia grandiflora -largeflower phacelia
BRASSICACEAE -MUSTARD FAMILY
*
*
*
*
*
*
*
*
Brassica nigra -black mustard
Cakile maritima -sea rocket
Hirschfeldia incana -short-podded mustard
Lepidium sp. -peppergrass
Lobularia maritima -sweet alyssum
Raphanus sativus -radish
Sisymbrium altissimum-tall tumblemustard
Sisymbrium irio-London rocket
CACTA CEAE -CACTUS FAMILY
*
Cylindropuntia prolifera-coast cholla
Opuntiaficus-indica -Indian-fig
Opuntia oricola -cactus
Opuntia littoralis -coastal prickly-pear
CANNABACEAE -HEMP FAMILY
* Cannabis saliva -marijuana
CARYOPHYLLACEAE -PINK FAMILY
*
*
*
Cardionema ramosissimum -tread lightly
Silene gallica -common catchfly
Spergula arvensis -corn spurry
Spergularia bocconi-Boccone' s sandspurry
CHENOPODIACEAE -GOOSEFOOT FAMILY
Atriplex sp. -saltbush
*
*
*
*
*
Atriplex suberecta -Australian saltbush
Chenopodium album -lambsquarters
Chenopodium ambrosia ides -Mexican tea
Chenopodium murale -nettle-leaved goosefoot
Salsa/a tragus -Russian-thistle
DUDEK A-3
8058
June 2018
APPENDIX A (Continued)
CISTACEAE -ROCK-ROSE FAMILY
Helianthemum scoparium -peak rush-rose
CONVOL VULACEAE-MORNING-GLORY FAMILY
Dichondra occidentalis -western ponysfoot
CRASS ULA CEAE -STONECROP FAMILY
Crassula connata -pygmy-weed
Dudleya lanceolata -lanceleaf dudleya
CUCURBITACEAE-GOURD FAMILY
Marah macrocarpa -Cucamonga manroot
ERICACEAE -HEATH FAMILY
Arctostaphylos glandulosa ssp. crassifolia -Del Mar manzanita
Comarostaphylis diversifolia -summer holly
Xylococcus bicolor -mission manzanita
EUPHORBIACEAE-SPURGEFAMILY
* Euphorbia pep/us -petty spurge
Chamaesyce albomarginata -rattlesnake spurge
* Ricinus communis -castor-bean
FABACEAE-PEA FAMILY
* Acacia redo/ens -acacia
Acmispon glaber -deerweed
*
*
*
Aerni.span strigosus -strigose bird's-foot trefoil
Lupinus bicolor -miniature lupine
Lupinus truncatus -collared annual lupine
Medicago polymorpha -burclover
Melilotus a/bus -white sweet-clover
Melilotus indicus -annual yellow sweetclover
FAGACEAE -BEECH FAMILY
Quercus agrifolia var. agrifolia -California live oak
Quercus dumosa -Nuttall's scrub oak
GENTIANACEAE-GENTIAN FAMILY
Centaurium venustum -canchalagua
DUDEK A-4
8058
June 2018
APPENDIX A (Continued)
GERANIACEAE-GERANIUM FAMILY
* Erodium botrys -longbeak stork's bill
Erodium cicutarium -redstem stork's bill
* Erodium malacoides -Mediterranean stork's bill
Geranium carolinianum -Carolina geranium
GROSSULARIACEAE-GOOSEBERRY FAMILY
Ribes indecorum -whiteflower currant
HYDROPHYLLACEAE -WATERLEAF FAMILY
Phacelia grandiflora -large-flowered phacelia
LAMIACEAE -MINT FAMILY
Salvia mellifera -black sage
Trichostema lanatum -woolly bluecurls
MAL VA CEAE -MALLOW FAMILY
*
Malacotham;1usfasciculatus -mesa bushmallow
Malva parviflora -cheeseweed mallow
MONTIACEAE-MONTIA FAMILY
Claytonia perfoliata -miner's lettuce
MYOPORACEAE-MYOPORUMFAMILY
* Myoporum laetum -myoporum
MYRSINACEAE-MYRSINE FAMILY
* Lysimachia arvensis -scarlet pimpernel
MYRTACEAE -MYRTLE FAMILY
*
*
Eucalyptus camaldulensis -river redgum
Eucalyptus globulus -Tasmanian bluegum
ONAGRACEAE -EVENING-PRIMROSE FAMILY
Camissonia bistorta -California sun cup
Epilobium sp. -cottonweed
OXALIDACEAE-OXALIS FAMILY
* Oxalis pes-caprae -Bermuda buttercup
DUDEK A-5
8058
June 2018
APPENDIX A (Continued)
PAEONIACEAE-PEONY FAMILY
Paeonia cal[fornica -California peony
PHRYMA CEAE -LOPSEED FAMILY
Mimulus aurantiacus-orange bush monkeyflower
PLANTAGINACEAE-PLANTAIN FAMILY
Antirrhinum nuttallianum-violet snapdragon
Plantago erecta -dot-seed plantain
POLEMONIACEAE-PHLOX FAMILY
Navarretia atractyloides -holly-leaf skunkweed
Navarretia hamata -skunkweed
POLYGONACEAE-BUCKWHEAT FAMILY
Chorizanthe staticoides. -pink spineflower
*
*
Eriogonumfasciculatum var.fasciculatum-Eastern Mojave buckwheat
Polygonum aviculare -prostrate knotweed
Pterostegia drymarioides -woodland pterostegia
Rumex crispus -curly dock
PRIMULA CEAE -PRIMROSE FAMILY
* Anagallis arvensis -scarlet pimpernel
ROSACEAE -ROSE FAMILY
Adenostomafasciculatum -chamise
Heteromeles arbutifolia -toyon
RUBIACEAE-MADDERFAMILY
Galium nuttallii ssp. nuttallii -San Diego bedstraw
SALICACEAE-WILLOW FAMILY
Salix laevigata -red willow
Salix lasiolepis -arroyo willow
SCROPHULARJACEAE-FIGWORT FAMILY
Antirrhinum nuttallianum ssp. nuttallianum -Nuttall's snapdragon
Cordylanthus rigidus -dark-tip bird's beak
Mimulus aurantiacus -bush monkeyflower
Scrophularia californica var.jloribunda -California figwort
DUDEK A-6
8058
June 2018
APPENDIX A (Continued)
SOLANACEAE-NIGHTSHADEFAMILY
*
Datura wrightii -western jimsonweed
Nicotiana glauca -tree tobacco
Solanum douglasii -greenspot nightshade
Solanum parishii -Parish's nightshade
Solanum xanti -chaparral nightshade
TAMARICACEAE -TAMARISK FAMILY
* Tamarix sp. -tamarisk
TROPAEOLACEAE-NASTURTIUM FAMILY
* Tropaeolum majus -nasturtium
URTICACEAE-NETTLE FAMILY
Urtica dioica -stinging nettle
* Urtica urens -dwarf nettle
ANGIOSPERMAE (MONOCOTYLEDONES)
AGAVACEAE-AGAVEFAMILY
Chlorogalum parviflorum -small flower soap plant
Yucca schidigera -Mojave yucca
CYPERACEAE -SEDGE FAMILY
Cyperus eragrostis -tall cyperus
IRIDACEAE -IRIS FAMILY
Sisyrinchium helium -blue-eyed-grass
JUNCACEAE-RUSH FAMILY
Juncus bufonius -toad rush
LILIACEAE -LILY FAMILY
Chlorogalum parviflorum -small-flowered soap plant
Yucca schidigera -Mojave yucca
POACEAE-GRASS FAMILY
*
*
*
*
Arundo donax -giant reed
Avena barbata -slender oat
Bromus catharticus -rescue grass
Bromus diandrus -ripgut grass
DUDEI< A-7
8058
June 2018
*
*
*
*
*
*
*
*
*
*
*
APPENDIX A (Continued)
Bromus hordeaceus -soft chess
Bromus madritensis ssp. Rubens -red brome
Bromus tectorum -cheat grass
Cortaderia selloana -pampas grass
Cynodon dactylon -Bermuda grass
Elymus condensatus -giant wildrye
Elymus triticoides -beardless wild rye
Festuca californica -California fescue
Festuca myuros -rat-tail fescue
Hordeum marinum ssp. gussoneanum -Mediterranean barley
Hordeum murinum -glaucous foxtail barley
Melica imperfecta -California melic
Paa annua -annual bluegrass
Polypogon monspeliensis -annual rabbitsfoot grass
Phalaris canariensis -annual canarygrass
Phragmites austral is -common reed
* Schismus barbatus -Mediterranean schismus
Stipa pulchra -purple needlegrass
THEM/DA CEAE-BRODIAEA FAMILY
Dichelostemma capitatum -bluedicks
TYPHACEAE -CATT AIL FAMILY
Typha latifolia -broad-leaved cattail
Typha domingensis -slender cattail
* signifies introduced (non-native) species
DUDEK A-8
8058
June 2018
APPENDIX B
Wildlife Species Observed On Site
APPENDIX B
Wildlife Species Observed On Site
WILDLIFE SPECIES -VERTEBRATES
REPTILES
/GUAN/DAE -IGUANID LIZARDS
Sceloporus occidentalis -western fence lizard
Uta stansburiana -side-blotched lizard
BIRDS
PHASIANIDAE -PHEASANTS AND QUAILS
Callipepla californica -California quail
CO LUMB/DAE -PIGEONS AND DOVES
Zenaida macroura -mourning dove
TROCHILIDAE -HUMMINGBIRDS
Calypte anna -Anna's hummingbird
PICIDAE -WOODPECKERS
Colaptes auratus -northern flicker
Picoides nuttallii -Nuttall's woodpecker
TYRANNIDAE -TYRANT FLYCATCHERS
Sayornis nigricans -black phoebe
Tyrannus verticalis -western kingbird
CORVIDAE-JAYSANDCROWS
Aphelocoma californica -western scrub-jay
AEGITHALIDAE -BUSHTITS
Psaltriparus minimus -bushtit
TROGLODYTIDAE-WRENS
Thryomanes bewickii -Bewick's wren
Troglodytes aedon -house wren
TIMALIIDAE -LA UGH/NG THRUSH AND WRENTIT
Chamaeafasciata-wrentit
DUDEK B-1
8058
June 2018
APPENDIX B (Continued)
MIMIDAE -THRASHERS
Mimus polyglottos -northern mockingbird
Toxostoma redivivum -California thrasher
THRAUPIDAE-TANAGERS
Piranga ludoviciana -western tanager
EMBERIZIDAE-BUNTINGS AND SPARROWS
Pipilo crissalis -California towhee
FRINGILLIDAE -FINCHES
Carpodacus mexicanus -house finch
Carduelis psaltria -lesser goldfinch
MAMMALS
LEPORIDAE -HARES AND RABBITS
Sylvilagus bachmani -brush rabbit
CANIDAE -WOLVES AND FOXES
Canis latrans -coyote
WILDLIFE SPECIES-INVERTEBRATES
BUTTERFLIES AND MOTHS
PIERIDAE -WHITES AND SULFURS
Pieris rapae -cabbage butterfly
Colias sp. -sulfur
LYCAENIDAE -BLUES, HAIRSTREAKS, AND COPPERS
Brephidium exile -pygmy blue
NYMPHALIDAE -BRUSH-FOOTED BUTTERFLIES
Limenitis lorquini -Lorquin's admiral
DUDEK B-2
8058
June 2018
APPENDIX C
Poinsettia 61 Preserve Estimate
for Long-term Management
POINSETTIA 61 PRESERVE
ESTIMATE FOR LONG-TERM MANAGEMENT
Prepared for:
Lennar Homes
Contact: Jamison Nakaya
(949) 636-9057
Prepared by:
San Diego Habitat Conservancy
Contact: Don Scoles or Sarah Krejca
(619) 365-4839
January 15, 2018
ESTIMATE FOR LONG-TERM MANAGEMENT
POINSETTIA 61 PRESERVE,
CITY OF CARLSBAD
January 10, 2018
An Estimate for Long-term Management (ELM) has been prepared for Lennar Homes (Project
Proponent) for the Poinsettia 61 Preserve (Preserve), in accordance with the provisions in the
November 29, 2017 Cost Proposal Agreement between San Diego Habitat Conservancy (SDHC)
and Project Proponent. The purpose of the ELM is to identify the tasks and costs associated with the
long-term management and maintenance of a total of 34. 7 acres located within the City of Carlsbad,
San Diego County, California. The Preserve is located on the north and south sides of Poinsettia
Lane, west of El Camino Real and located on the U.S. Geological Service 7.5 minute Encinitas
quadrangle map in sections 23 and 26, Township 12S, Range 3W.
This ELM includes Initial & Capital Tasks and Costs, as well as Long-term Ongoing Tasks and Costs
associated with managing the Preserve and the sensitive habitat and resources within the Preserve.
Refer to Attachment A for a map of the Preserve. The costs were estimated utilizing an Excel
spreadsheet adapted from Property Analysis Record (PAR) software and based on management
experience. The complete ELM cost sheets are provided in Attachment B.
SDHC Executive Director Don Scoles conducted a site visit of the Preserve on December 13, 2017
with Jayme Timberlake of Dudek and Jamison Nakaya of Lennar Homes. The primary source used
to prepare this ELM is the Preserve Management Plan for the Poinsettia 61 Preserve, City of
Carlsbad, California, prepared by Dudek (December 2017) (PMP). In addition to the PMP, sources
utilized in preparing this ELM include the following:
• Final Conceptual Restoration Plan for the Poinsettia Project (Dudek 2017)
• Poinsettia 61 Final Project EIR Carlsbad, CA (HOR 2017)
The ELM has been organized into the following categories:
• Open Space Property Description
• Initial & Capital Tasks and Costs
• Long-term Ongoing Tasks and Costs
• Financial Summary
• Additional Assumptions
OPEN SPACE PROPERTY DESCRIPTION
The approximately 34.7-acre Preserve is included within the Carlsbad Habitat Management Plan
(HMP) Preserve which will provide mitigation for the proposed Poinsettia 61 residential development
project. As shown on Attachment A, the Preserve is comprised of what is known as Lot 9, Lot 10,
and the Kevane parcels. Single-and multi-family residential development are present to the west
and east of the Preserve, open space within the City of Carlsbad's (the City's) existing hardline area
is found to the northeast and southeast, and an elementary school exists beyond the Preserve's
southern boundary. Topographically, the Preserve is mostly comprised of rolling hills with an
unnamed tributary to Batiquitos Lagoon flowing north to south in the central portion of the site. A San
Diego Gas and Electric (SDG&E) easement and powerline traverse the site from the southeast to
the northwest.
The Preserve area is predominantly native open space which is recovering after the site burned in
its entirety in the 2014 Poinsettia wildfire. Prior to the fire, the site was extensively used for homeless
Poinsettia 61 Preserve ELM
January 15, 2018
encampments. Corralitos loamy sand and loamy alluvial land-Huerhuero complex are the two soils
found onsite. The Huerhuero complex occupies a majority of the site and is highly erodible.
The Preserve contains the following vegetation types: coyote brush scrub (2.12 acres), coast live
oak woodland (4.47 acres), southern maritime chaparral (22.51 acres), disturbed and burned
southern maritime chaparral (0.90 acre), southern willow scrub (0.19 acre), disturbed southern willow
scrub (0.05 acre), agricultural (1.05 acre), disturbed habitat (2.42 acres), eucalyptus woodland (0.16
acre), poison oak scrub (0.22 acre), and ornamental plantings (0.55 acre). Approximately 7 acres of
southern maritime chaparral will be created or restored and 0.2 acres of coast live oak woodland will
be restored beginning in fall 2018. These creation/restoration areas will occur in areas currently
mapped as disturbed habitat, coast live oak woodland, or disturbed southern maritime chaparral.
Once restoration of the areas is deemed complete by the City (estimated to be in 2023), the
creation/restoration areas will be included in the overall Preserve area under management by SDHC.
Three sensitive plant species are recorded as being present onsite, all within southern maritime
chaparral, and include Del Mar manzanita (Arctostaphylos glandulosa ssp. crassifolia), summer holly
(Comarostaphylis diversifolia), and Nuttall's scrub oak (Quercus dumosa). Although special-status
wildlife species were not detected during wildlife surveys onsite in 2004 and 2006, the federally listed
threatened California gnatcatcher was observed within and on adjacent parcels during a site walk
on October 5, 2017 and is assumed to occupy the site.
SDHC assumes establishment of revegetation and restoration by the Project Proponent will occur in
2018. These activities will occur throughout the site. Invasive removal and other maintenance will
occur during over the entire Preserve area during the establishment period, assumed to be five
years. The start of long-term management by SDHC of the entire Preserve is assumed to be in 2023
after the restoration has been completed and approved by the City. This ELM assumes that the
endowment and other costs for management will be funded in 2018.
INITIAL & CAPITAL TASKS AND COSTS (Year 1)
(Refer also to Attachment B.)
$47,305.07
During the first year of long-term management, SDHC will perform the below tasks in addition to
those described under "Long-term Ongoing Tasks and Costs."
Assumptions for Initial & Capital Tasks and Costs
1. Property Inspection. Prior to accepting responsibility for long-term management, the
Preserve Manager (PM) and Executive Director will conduct a property inspection to review
the condition of the Preserve and compare it to the conditions stipulated in the PMP. The
focus of the inspection will be on the condition of habitats; verification of the fence and sign
installation; and the condition of the Preserve in general with regard to invasive species,
erosion, and trash.
2. Establishment of Photo Documentation Locations. During one of the monthly monitoring visits
in the first year of management, SDHC will establish ten permanent photo documentation
points and map the points using global positioning satellite (GPS) equipment. The photo
locations will be chosen to best capture large areas of contiguous habitat which allow for
monitoring of visual changes in habitat quality and quantity. Photo locations will be left to the
PM for selection, but it is envisioned that at least four locations will occur along the north,
south, east, and west boundaries looking into the Preserve, with six other locations that best
show the remainder of the site. These photo locations will be utilized every year and photos
will be included in the annual report.
Poinsettia 61 Preserve ELM
January 15, 2018
2
3. Establishment of Transect Locations. Establishment of more than ten, 25-meter-long
permanent point-intercept transects will occur as part of restoration of the site. These
transects will be placed in the restoration areas as well as in non-restored areas so that the
transects may also be used during long-term vegetation mapping or post-fire monitoring.
These transects will be mapped with GPS and distributed throughout each of the upland and
riparian vegetation communities within the Preserve.
4. Vegetation Mapping. Both the photo documentation and transect monitoring described above
will be utilized in vegetation mapping, be performed during the first year of management, and
updated every five years thereafter. Vegetation will be mapped on a 1" = 100' scale aerial
image and will be updated using the most current vegetation classification system for San
Diego County. Final mapping will be in Geographic Information System (GIS), presented in
that year's annual report, and transmitted to the City for their use. Transect monitoring shall
take place in the spring and every five years concurrent with the vegetation mapping. Data
will be collected to determine total percent plant cover, percent native cover, overall species
richness, and diversity. Vegetation mapping will be updated every five years.
5. Sensitive Species Survey. Presence/absence surveys will be performed annually for the
sensitive plant species onsite; Nuttall's scrub oak and Del Mar manzanita. The
presence/absence survey will be performed during one of the monthly monitoring visits.
6. California Gnatcatcher Protocol Surveys, Reporting, and Noticing. Protocol surveys for the
California gnatcatcher will be performed onsite annually for the first three years of long-term
management, then every nine years thereafter. Notices and 45-day reports will be submitted
to the U.S. Fish and Wildlife Service (USFWS) for each survey year. Summaries of the
surveys will be included in that year's annual report and the 45-day report will be appended
to that year's annual report. It is envisioned that each protocol survey will be performed by
the PM and an assistant to adequately cover the Preserve and record results.
7. Start-up Costs. This ELM includes operation costs associated with start-up, endowment
processing, and accounting file setup.
8. Contingency of 12%.
9. Administrative cost of 16% for staff and 10% for subcontractors and supplies.
YEAR 2 AND 3 TASKS AND COSTS (Each Year)
(Refer also to Attachment B.)
$40,231.45
Year 2 and Year 3 tasks and costs would be similar to the long-term ongoing tasks and costs
described below, but include the second year of California gnatcatcher protocol surveys
described above in Assumption 6.
LONG-TERM ONGOING TASKS AND COSTS
(Refer also to Attachment B.)
Assumptions for Ongoing Tasks and Costs
$34,642.14
1. Monthly Monitoring. SDHC will conduct monthly monitoring and patrols to survey for the
overall health of the Preserve, including habitat condition; invasive growth; pest infestations;
erosion; condition offencing, signs, and trails; presence of trash and debris; unleashed dogs;
trespassing damage; unauthorized trails; and presence of squatters or transients. Trash will
Poinsettia 61 Preserve ELM
January 15, 2018
3
be picked up during each patrol. If larger amounts of trash or dumping are present, the
location will be mapped for removal by the field crew during their next maintenance effort.
Trespass, transient use, and similar issues will be reported to the City Ranger Program and
Carlsbad Police Department for their enforcement. One of the monitoring visits will focus on
compliance with the restrictive covenant, including photo documentation from prescribed
points. One of the monitoring visits will assess individual trees, looking for signs of shot hole
borer (SHB), gold-spotted oak borer (GSOB), and other pests. Two wildlife cameras will be
installed on either side of the Poinsettia Lane Bridge to monitor and record wildlife movement
and evaluate the condition of the corridor to encourage movement by medium to large
animals. It is assumed camera monitoring will be installed and managed for one month out
of the year and then taken down until the following year. Selection of the timing of the camera
monitoring will likely vary year to year and be at the discretion of the PM.
2. Invasive Exotic Plant Control. Non-native plant species are expected to be an ongoing
problem. Removal and treatment of invasive plants will occur at the discretion of the PM and
is expected to occur twice a year. Weed removal efforts will be conducted outside bird
breeding season or by hand if within bird breeding season. Project Proponent will be
responsible for invasive removal in the restoration areas and throughout the non-restored
areas of the Preserve during the revegetation period, assumed to be five years. Priority for
ongoing weed removal will be given to species considered as invasive by the California
Invasive Plant Council (Cal-lPC High and Moderate category species) and Low Tolerance
Species and No Tolerance Species as those terms are described in the PMP and the San
Diego Management and Monitoring Program (SDMMP) Invasive Plant Strategic Plan (ISPS).
The primary focus of removal efforts will be on the No Tolerance Species .. If large areas
require hand weeding (e.g., areas over 0.25 acre), seeding with a native seed mix appropriate
for the Preserve and locally collected will be applied to inhibit re-colonization by non-native
species
SDHC expects the Preserve to be relatively free of weeds at the start of long-term
management. This ELM assumes a crew of four, plus a supervisor for two, ten-hour days per
year in order to treat invasive species onsite. Eradication may include removal by hand, be
mechanized, or by application of City-approved herbicides.
3. Erosion Control. The potential for unnatural erosion caused directly or indirectly by human
activity was noted in the PMP, especially in light of the presence of highly erodible soils onsite
and bare or thin areas after the 2014 Poinsettia wildfire. When needed, best management
practices (BMPs) will address erosion concerns. BMPs will be selected by the PM and
erosion control professionals for implementation.
4. Signs and Fencing. Project Proponent will initially install up to 20 signs for access control
and public education around the perimeter of the Preserve. The signs will include information
that the Preserve is protected habitat, contact information, and illegal activities. The signs will
be installed at locations of likely trespass and include text such as "Habitat Conservation
Area," "No Trespassing," and "No Brush Management Beyond This Sign." This ELM assumes
that SDHC will replace the signs along the perimeter an average of every five years. The PM
will inspect the fencing along the northern boundary of the Preserve during monitoring visits
and will report any maintenance needs to the Poinsettia 61 HOA for their repair. Signage in
need of repair along the potential future City trail will be reported to the City.
5. General Coordination. SDHC will coordinate with the City by attending their quarterly
preserve managers meetings and coordinating with the City habitat manager, code
enforcement, City Ranger Program, and fire department staff. SDHC also anticipates
Poinsettia 61 Preserve ELM
January 15, 2018
4
coordinating with SDG&E regarding periodic maintenance of their access roads and
easement onsite. SDHC will also coordinate with adjacent property owners, as necessary.
6. Education and Outreach. SDHC will attend develop an education program for the Poinsettia
61 HOA. It is assumed that the PM will either attend one HOA meeting, provide a field, or
provide an educational brochure every other year to educate the homeowners regarding the
Preserve's purpose, its resources, and to instill a sense of stewardship for their neighboring
preserve. The educational brochure would be provided to the HOA for their distribution.
Residents will be informed of access restrictions, control of domestic animals, prevention of
irrigation runoff, sensitivity of habitats, and other pertinent topics for the effective
management of the Preserve.
7. Annual Report. SDHC will prepare an annual report for the Preserve and submit to the City
by October 31 st of each year to be included in the City-wide HMP annual report. The annual
report will provide a summary of management and monitoring tasks completed that year
including the extent and condition of the habitats, results of vegetation surveys, photo
documentation comparing that year's photos to the baseline photos, results of California
gnatcatcher protocol surveys, vegetation mapping updates, any new management issues,
the success or failure of any management approaches, and recommendations for the
following year's activities. SDHC will submit GIS data in the form of a shapefile to the City.
8. PMP Updates. The PM will determine the need for updates to the PMP based on effective
management decisions, strategies, and remedial measures which have been verified over
the previous five years. Adaptive management will be defined and recommended, if needed,
based on observations and results of management activities. Management methods and
priorities will be based on lessons learned from site monitoring, combined with coordination
and participation in the City's preserve managers meetings and the SDMMP program. SDHC
will submit any proposed updates to the City for approval. Adaptive management will be
limited to available contingency funds. This ELM assumes the PMP will be updated every
five years.
9. Post-Fire Monitoring. Post-fire monitoring will be conducted annually for five years following
any fire that occurs within the Preserve. This ELM assumes a 25-year frequency for fire and
post-fire monitoring tasks as shown in the cost worksheet for the entire 5-year period. It is
assumed that about half of the post-fire monitoring time will be performed as part of regular
monthly monitoring. Qualitative monitoring will characterize plant community boundaries in
relation to expected location, the presence of invasive species, and mapping of special-status
species. Qualitative monitoring will utilize transects in the burned area that were established
during initial restoration of the site. Transects may be supplemented, as determined by the
PM if the burned area to be monitored is not sufficiently covered by existing transects. The
point intercept method will be utilized, collecting the percent cover of native and non-native
species every meter along the transect. On the uphill side, within two meters of the transect,
information shall be collected regarding shrub density, herbaceous species density, and
species richness. Annual post-fire monitoring will be conducted in the spring. The trajectory
of recovery will be monitored to determine if succession is proceeding in a predicted manner.
Fuel loads will be monitored and information maintained to share with nearby residents.
Individual oak trees will be monitored for height and vigor to track overall health and
reestablishment and mapped with GPS. Canopy cover and recruitment will be monitored to
determine if self-sustainability, reproductive viability, age structure, structural diversity,
understory composition, and cover of individual oak stands are within the desired range of
natural variability for the community.
Poinsettia 61 Preserve ELM
January 15, 2018
5
10. Database Management. SDHC will establish and annually update the file management
system, including hard files, electronic files, and GIS mapping.
11. Contingency of 12%.
12. Administrative cost of 16% for staff and 10% for subcontractors and supplies.
FINANCIAL SUMMARY
Initial Financial Requirements1
Annual Ongoing Financial Requirements -$34,642.14
Endowment to Provide Income of $34,642.142
Emergency and Legal Fund (4%)3
TOTAL CONTRIBUTION
Includes Costs for Years 1, 2, and 3.
$127,497.97
$687,611.16
$ 27,504.45
$842,613.58
2 Assumes a 4.25% capitalization rate and that the endowment will be held by The San Diego
Foundation.
3 Emergency and Legal Fund will be used in case of an emergency event or if legal
enforcement or defense is needed, and considering any recommendations by the resource
agencies.
ADDITIONAL ASSUMPTIONS
1. Fencing and Trails. SDHC will not be responsible for maintenance or replacement of fencing
or trails. The fencing along the northern boundary of the Preserve will be the responsibility of
the Poinsettia 61 HOA and the fencing along the proposed future trail, as well as the
maintenance of the trail, will be the responsibility of the City. If educational kiosks are included
as part of the proposed future trail, installation and maintenance of the kiosks would also be
the City's responsibility.
2. Homeless. Homeless encampments have been an ongoing problem within the Preserve. Use
of the site by homeless and other trespassing will be a focus during each of the monitoring
visits. If encampments are encountered, the location will be noted and the City Ranger
notified for enforcement action.
3. Potential Future Invasive Species. The PMP made note of the shot hole borer (SHB)
(Euwallacea spp.) that adversely affects willows and other native trees and the goldspotted
oak borer (GSOB) (Agrilus auroguttatus) that contributes to oak tree mortality. These two
invasive species are not currently known to occur within the Preserve, but they adversely
affect native habitats and are widening their range throughout the region. Potential treatment
for SHB or GSOB has not been included in this ELM. If SHB or GSOB become an issue
onsite, treatment will be limited to available contingency funds.
4. Project Proponent will transfer fee title of the Preserve area to SDHC and a restrictive
covenant will be recorded over the Preserve area.
Poinsettia 61 Preserve ELM
January 15, 2018
6
5. Natural recovery will be the primary source of revegetation in the event of a wildfire, flood
event, or natural earth movement. Contingency funds will be used for localized revegetation
to the extent available. If a larger revegetation effort is necessary and other funds beyond the
endowment are available (i.e. grant), then revegetation will follow the replanting guidelines in
the PMP.
6. Project Proponent will make available to SDHC all biological resource vegetation maps,
sensitive plant maps, and digital files associated with biological resource surveys of the
Preserve and stake the boundary of the Preserve prior to SDHC taking fee title and starting
habitat management. The Project Proponent shall provide SDHC a digital base map with
topography, data points, and boundary staking points.
7. Estimate does not include the costs associated with SDHC's review of legal documents,
including but not limited to: Restrictive Covenant, Title Reports, Operating Agreements,
Access Agreements, or Deeds. Review and comment on applicable documents will be
performed under a separate contract prior to SDHC taking responsibility for long-term habitat
management.
8. Project Proponent shall provide a current aerial, at a scale of 1" = 200' or larger and as current
as possible to the date of the initial property inspections, prior to the date of inspection. The
aerial will be used during the site inspection to document the condition of the site upon
transfer of duties.
9. Adaptive management is anticipated over the life of the stewardship and the PMP is expected
to evolve and be updated as site conditions warrant. However, changes to the scope of
annual stewardship as a result of adaptive management will be limited to available
contingency funds.
10. This estimate is good for a period of six months.
Poinsettia 61 Preserve ELM
January 15, 2018
7
ATTACHMENT A
PRESERVE AREA MAP
TRUE COPY CERTIFICATION
(Government Code 27361.7)
Place of Execution
I certify under penalty of perjury that this material is a true copy of the
original material contained in this document.
04 I ;;ll / ·201ct
Date Signature of Declarant
Type or Print Name
Rec.Form #R9.1 (Revised 11-15-10)
100 200 --=--~==I Feet
DUDEK ~CE: Hunsaker 2014
8051
• Del Mar manzanita (Arctostaphylos
glanduloss ssp. crassifolia)
201-' Plant Locations
f:1 Nuttalfs scrub oak (Quercus dumosa)
A ~~;,~:~,~~I~ (Comarostaphylis
.& ~:::::a~~e (Pinus torreyana ssp.
PRESERVE MANAGEMENT PLAN
-CBS, Coyote Brush Scrub c:::]SMC, Southern Maritime Chaparral
C]DEV, Developed 1Z2J dSMC, Disturbed Southern Maritime
-DH, Disturbed Hab~at Chaparral
-EUC, Eucalyptus Woodland SWS, Southern \Mlow Scrub
-LOW, coast Live Oak Woodland -dWET, Disturbed Wetland
FIGURE 4
Biological Resources
Poinsettia 61
ATTACHMENT B
ELM WORKSHEETS
lnltlal and Capital Tasks and Costs, Year 1
PROPERTY: Poinsettia 61 Preserve LAST UPDATED: 1/15/18
COST COST ANNUAL ANNUAL
°' A" TASK ITEM TITLE • UNIT (Item) (Title) BASE COST YRS CONT ADMIN TOTAL COST
Initial P,operty Inspection
12" 16" Site Visit/Inspection Preserve Manager 8 Hour(s) $ 101.00 $ 808.00 1 $ 96.96 $ 129.28 $ 1,034.24
12" 16" Site Visit/Inspection Executive Director 6 Hour(s) $ 115.00 $ 690.00 1 $ 82.80 $ 110.40 $ 883.20
12" 16" Project Start-Op Preparation Preserve Manager 12 Hour(s) $ 101.00 $ 1,212.00 1 $ 145.44 $ 193.92 $ 1,551.36
SUBTOTAL $ 325.20 $ 433.60 $ 3,468.80
lnltlal llotlc Surveys
12" 16" Baseline Mapping -Vegetation Pre.s.erve Manager 8 Hour(s) $ 101.00 $ 808.00 1 $ 96.96 $ 129.28 $ 1,034.24
12" 10" Baseline Mapping -Vegetation GIS Contractor 4 Hour(s) $ 90.00 $ 360.00 1 $ 43.20 $ 36.00 $ 439.20
12" 16" CAGN Protocol Survev Preserve Manager 18 Hour(s) $ 101.00 $ 1,818.00 1 $ 218.16 $ 290.88 $ 2,327.04
12" 16" CAGN Protocol Survey Program Coordinator 18 Hour(s) $ 90.00 $ 1,620.00 1 $ 194.40 $ 259.20 $ 2,073.60
12" 16" Monitor Transects Habitat Manager 12 Hour(s) $ 101.00 $ 1,212.00 5 $ 29.09 $ 38.7B $ 310.27
12" 16" Monitor Transects Pro1ram Coordinator 12 Hour(s) $ 90.00 $ 1,080.00 5 $ 25.92 $ 34.56 $ 276.48
SUBTOTAL $ 607.73 $ 788.70 $ 6,460.83
Habitat/Sita Maim.-ice
12" 16" Monthly Patrol Preserve Manager 72 ltem(s) $ 101.00 $ 7,272.00 1 $ 872.64 $ 1,163.52 $ 9,308.16
12" 10% Erosion Control BMP Materials 1 ltem(s) $307.00 $ 307.00 1 $ 36.84 $ 30.70 $ 374.54
12% 10% Invasive Control -Weeding -Hand Removal Field Technician 64 Hour(s) $ 43.00 $ 2,752.00 1 $ 330.24 $ 275.20 $ 3,357.44
12" 16" Invasive Control Weeding -Manage & Direct Preserve Manacer 8 Hour(s) $ 101.00 $ 808.00 1 $ 96.96 $ 129.28 $ 1,034.24
12" 10% Invasive Control Weeding -Mana1e & Direct Field Supervisor 16 Hour(s) $ 97.00 $ 1,552.00 1 $ 186.24 $ 155.20 $ 1,893.44
12" 10% Invasive Control Herbicide Concentrate (225) 2.5 Gallon(s) $ 225.00 $ 562.50 1 $ 67.50 $ 56.25 $ 686.25
12" 10" Seed 1 Fee $500.00 $ 500.00 5 $ 12.00 $ 10.00 $ 122.00
12" 10% Trash Removal Dump Fee -Organic Debris 2 ltem(s) $150.00 $ 300.00 1 $ 36.00 $ 30.00 $ 366.00
12% 10" Signs Basic -14"x20" 20 ltem(s) $· 55.00 $ 1,100.00 1 $ 132.00 $ 110.00 $ 1,342.00
12" 10% s11ns Installation -Basic Sign Field Technician 10 Hour(s) $ 43.00 $ 430.00 1 $ 51.60 $ 43.00 $ 524.60
12" 10% Maintain Transects T-posts 20 ltem(s) $ 5.50 $ 110.00 20 $ 0.66 $ 0.55 $ 6.71
SUBTOTAL $1,822.68 $ 2,003.70 $ 19,015.38
Repc,rlinc
12" 16" Monthly Lo1 Report -Preparation Preserve Manacer 12 Hour(s) $ 101.00 $ 1,212.00 1 $ 145.44 $ 193.92 $ 1,551.36
12" 16" Wildlife Camera Photo Man11ement Preserve Manager 2 Hour(s) $ 101.00 $ 202.00 1 $ 24.24 $ 32.32 $ 258.56
12" 10% Collector -Set-up and Updates GIS Contractor 2 Hour(s) $ 90.00 $ 180.00 1 $ 21.60 $ 18.00 $ 219.60
12" 16" CAGN Report and Notice Preserve Manacer 16 Hour(s) $ 101.00 $ 1,616.00 1 $ 193.92 $ 258.56 $ 2,068.48
12" 10% CAGN Report and Notice GIS Contractor 2 Hour(s) $ 90.00 $ 180.00 1 $ 21.60 $ 18.00 $ 219.60
12" 16" Annual Report -Preparation Preserve Manager 20 Hour(s) $ 101.00 $ 2,020.00 1 $ 242.40 $ 323.20 $ 2,585.60
12" 10% Annual Report -Preparation GIS Contractor 4 Hour(s) $ 90.00 $ 360.00 1 $ 43.20 $ 36.00 $ 439.20
12" 16" Annual Report -Review Executive Director 4 Hour(s) $ 115.00 $ 460.00 1 $ 55.20 $ 73.60 $ 588.80
12" 16" ReDort Review & Edits Executive Director 4 HourCsl S 115.00 $ 460.00 1 $ 5S.20 $ 73.60 $ 588.80
12" 16" Reproduction & Deliverv Proiram Coordinator 3.5 Hour(s) $ 90.00 $ 315.00 1 $ 37.80 $ 50.40 $ 403.20
12" 10% Photo Aerial Photo 1 Photo(s) $ 50.00 $ 50.00 1 $ 6.00 $ 5.00 $ 61.00
12" 16" PMP Update Preserve Manager 12 Hour(s) $ 101.00 $ 1,212.00 5 $ 29.09 $ 38.78 $ 310.27
SUBTOTAL $ 875.69 $ 1,121.38 $ 9,294.47
OUtruch
12" 16% Community Outreach Attend Meetin1 or Create Brochure Preserve Manager 8 Hour(s) I $ 101.00 $ 808.00 2 $ 48.48 $ 64.64 $ 517.12
SUBTOTAL $ 48.48 $ 64.64 $ 517.12
Page 1 of2
Initial and Capital Tasks and Costs, Year 1
PROPERTY: Poinsettia 61 Preserve LAST UPDATED: 1/15/18
6-.lc--dlnetlon
12" 16" Coordinate -Citv, Others Executive Director 8 Hour(s) $ 115.00 $ 920.00 1 $ 110.40 $ 147.20 $ 1,177.60
12" 16" Coordinate -City, Others Preserve Manager 12 Hour(s) $ 101.00 $ 1,212.00 1 $ 145.44 $ 193.92 $ 1,551.36
SUBTOTAL $ 255.84 $ 341.12 $ 2,728.96
Office Malntenara
12" 10% Supplies 1 Fee $ 250.00 $ 250.00 1 $ 30.00 $ 2s.oo IS 305.00
SUBTOTAL $ 30.00 $ 25.00 $ 305.00
Field Equipment
12" 10% GPS, Camera, laptop, Phone 1 ltem(s) $100.00 $ 100.00 1 $ 12.00 $ 10.00 $ 122.00
12" 10% Wildlife Camera 2 ltem(s) $ 250.00 $ 500.00 1 $ 60.00 $ 50.00 $ 610.00
12" 10% Mileage Mileage -Initial Year 385 Mile(s) $ 0.55 $ 209.83 1 $ 25.18 $ 20.98 $ 255.99
12" 10% Mileage Mileage -Annually 825 Mile(s) $ 0.55 $ 453.75 1 $ 54.45 $ 45.38 $ 553.58
SUBTOTAL $ 151.63 $ 126.36 $ 1,541.56
Operations
12" 10% Audit Audit -Flat Fee 1 Per Site $ 702.00 $ 702.00 1 $ 84.24 $ 70.20 $ 856.44
12" 16" Project Management -Supervise & Coordinate Executive Director 8 Hour(s) $ 115.00 $ 920.00 1 $ 110.40 $ 147.20 $ 1,177.60
12" 10% Insurance Liability 34.7 Acre(s) $ 14.75 $ 511.83 1 $ 61.42 $ 51.18 $ 624.43
12" 16" Account Management -Setup & Maintain Accountant 8 Hour(s) $ 102.00 $ 816.00 1 $ 97.92 $ 130.56 $ 1,044.48
SUBTOTAL $ 353.98 $ 399.14 $ 3,702.95
Page 2 of2
Annual Onaolna Tasks and Costs, Years 2 and 3
PROPERTY: Poinsettia 61 Preserve LAST UPDATED: 1/15/18
COST COST ANNUAL ANNUAL
°' A" TASK ITEM TITLE • UNIT (Item) (Tltle) BASE COST YRS CONT ADMIN TOTAL COST
llotlc SU,veys
12% 16% Baseline Mappln1 -Veaetation Preserve Manacer 8 Hour(s) $ 101.00 $ 808.00 5 $ 19.39 $ 25.86 $ 206.85
12% 10% Baseline Mappina -Veaetation GIS Contractor 4 Hour(s) $ 90.00 $ 360.00 5 $ 8.64 $ 7.20 $ 87.84
12" 16% Monitor Transects Habitat Manacer 12 Hour(s) $ 101.00 $ 1,212.00 5 $ 29.09 $ 38.78 $ .310.27
12% 16" Monitor Transects Program Coordinator 12 Hour(s) $ 90.00 $ 1,080.00 5 $ 25.92 $ 34.56 $ 276.48
12% 16" CAGN Protocol Survey Preserve Manager 18 Hour(s) $ 101.00 $ 1,818.00 1 $ 218.16 $ 290.88 $ 2,327.04
12" 16" CAGN Protocol Survey Program Coordinator 18 Hour(s) $ 90.00 $ 1,620.00 1 $ 194.40 $ 259.20 $ 2,073.60
12% 16" Post-fire Monitorin& (5 years) Preserve Manager 24 Hour(s) $ 101.00 $ 2,424.00 25 $ 11.64 $ 15.51 $ 124.11
12% 16" Post-fire Monitorin1 (5 years) Program Coordinator 24 Hour(s) $ 90.00 $ i,160.00 25 $ 10.37 $ 13.82 $ 110.59
SUBTOTAL $ 517.60 $ 685.82 $ 5,516.78
Habitat/Sita MalntenaMe
12" 16" Monthly Patrol Preserve Manager 72 ltem(s) $ 101.00 $ 7,272.00 1 $ 872.64 $ 1,163.52 $ 9,308.16
12" 10% Erosion Control BMP Materials 1 ltem(sl $ 307.00 $ 307.00 1 $ 36.84 $ 30.70 $ 374.54
12" 10% Invasive Control Weeding -Hand Removal Field Technician 64 Hour(s) $ 43.00 $ 2,752.00 1 $ 330.24 $ 275.20 $ 3,357.44
12" 16" Invasive_ Control Weeding -Manage & Direct Preserve Manacer 8 Hour(s) $ 101.00 $ 808.00 1 $ 96.96 $ 129.28 $ 1,034.24
12% 10% Invasive Control Weeding -Manage & Direct Field Supervisor 16 Hour(s) $ 97.00 $ 1,552.00 1 $ 186.24 $ 155.20 $ 1,893.44
12" 10% Invasive Control Herbicide Concentrate (225) 2.5 Gallon(s) $ 225.00 $ 562.50 1 $ 67.50 $ 56.25 $ 686.25
12% 10% Seed 1 Fee $500.00 $ 500.00 5 $ 12.00 $ 10.00 $ 122.00
12" 10% Trash Removal Dump Fee -Organic Debris 2 ltem(s) $150.00 $ 300.00 1 $ 36.00 $ 30.00 $ 366.00
12" 10% S11ns Basic -14"x20" w ltem(s) $ 55.00 $ 1,100.00 5 $ 26.40 $ 22.00 $ 268.40
12" 10% Signs Installation -Basic Sien Field Technician 10 Hour(s) $ 43.00 $ 430.00 5 $ 10.32 $ 8.60 $ 104.92
12" 10% Maintain Transects .· T-posts 20 ltem(s) $ 5.50 $ 110.00 20 $ 0.66 $ o.ss $ 6.71
SUBTOTAL $1,675.80 $ 1,881.30 $ 17,522.10
Reportlns
12" 16" Monthly Lo1 Report -Preparation Preserve Manager 12 Hour(s) $ 101.00 $ 1,212.00 1 $ 145.44 $ 193.92 $ 1,551.36
12% 16" Wildlife Camera Photo Mana1ement Preserve Manacer 2 Hour(s) $ 101.00 $ 202.00 1 $ 24.24 $ 32.32 $ 258.56
12" 10% Collector -Updates and Maintenance GIS Contractor 2 Hour(s) $ 90.00 $ 180.00 1 $ 21.60 $ 18.00 $ 219.60
12" 16% CAGN Report and Notice Preserve Manager 12 Hour(s) $ 101.00 $ 1,212.00 1 $ 145.44 $ 193.92 $ 1,551.36
12" 10% CAGN Report and Notice GIS Contractor 2 Hour(s) $ 90.00 $ 180.00 1 $ 21.60 $ 18.00 $ 219.60
12" 16" Annual Report -Preparation Preserve Manager 20 Hour(s) $ 101.00 $ 2,020.00 1 $ 242.40 $ 323.20 $ 2,585.60
12" 10% Annual Report -Preparation GIS Contractor 2 Hour(s) $ 90.00 $ 180.00 1 $ 21.60 $ 18.00 $ 219.60
12" 16" Annual Report -Review Executive Director 4 Hour(s) $ 115.00 $ 460.00 1 $ 55.20 $ 73.60 $ 588.80
12" 16" Post-fire Annual Reportln1 {S years) Preserve Mana,:er 40 Hour{sl $ 101.00 $ 4 040.00 25 $ 19.39 $ 25.86 $ 206.85
12" 16" Post-fire Annual Reportin« IS yearsl Pro«ram Coordinator 40 Hour{sl $ 90.00 $ 3 600.00 25 $ 17.28 $ 23.04 $ 184.32
12" 16" Reoort Review & Edits Executive Director 4 Hourlsl $ 115.00 s 460.00 1 s 55.20 $ 73.60 $ 588.80
12" 16" Reproduction & Delivery Program Coordinator 3.5 Hour(s) $ 90.00 $ 315.00 1 $ 37.80 $ 50.40 $ 403.20
12" 10% Photo Aerial Photo 1 Photo(s) $ 50.00 $ 50.00 1 $ 6.00 $ 5.00 $ 61.00
12% 16" PMP Update Preserve Manager 12 Hour(s) $ 101.00 $ 1,212.00 5 $ 29.09 $ 38.78 $ 310.27
SUBTOTAL $ 842.28 $ 1,087.64 $ 8,948.92
0utruch
12" 16" Communitv Outreach Attend Meetln1 or Create Brochure Preserve Manager 8 Hour(s) $ 101.00 $ 808.00 2 $ 48.48 $ 64.64 $ 517.12
SUBTOTAL $ 48.48 $ 64.64 $ 517.12
General c-dlnatlon
Page 1 of 2
Annual Ongoing Tasks and Costs, Years 2 and 3
PROPERTY: Poinsettia 61 Preserve LAST UPDATED: 1/15/18
12" 16" Coordinate -Citv, Others Executive Director 8 Hour(s) $ 115.00 $ 920.00 1 $ 110.40 $ 147.20 $ 1,177.60
12" 16" Coordinate -City, Others Preserve Manager 12 Hour(s) $ 101.00 $ 1,212.00 1 $ 145.44 $ 193.92 $ 1,551.36
SUBTOTAL $ 255.84 $ 341.12 $ 2,728.96
OfflceM~
12" 10% Supplies I 1 Fee $ 250.00 $ 250.00 1 $ 30.00 $ 25.00 $ .305.00
SUBTOTAL $ 30.00 $ 25.00 $ 305.00
Field Equipn.nt
12" 10% GPS, Camera, laptop, Phone 1 ltem(s) $100.00 $ 100.00 1 $ 12.00 $ 10.00 $ 122.00
12" 10% Wildlife Camera 2 ltem(s) $ 250.00 $ 500.00 3 $ 20.00 $ 16.67 $ 203.33
12" 10% Mileage Mileage -Annually 990 Mile(s) $ 0.55 $ 544.50 1 $ 65.34 $ 54.45 $ 664.29
SUBTOTAL $ 97.34 $ 81.12 $ 989.62
Operations
12" 10% Audit Audit -Flat Fee 1 Per Site $ 702.00 $ 702.00 1 $ 84.24 $ 70.20 $ 856.44
12" 16% Project Management -Supervise & Coordinate Executive Director 8 Hour(s) $ 115.00 $ 920.00 1 $ 110.40 $ 147.20 $ 1,177.60
12% 10% Insurance Uabilitv 34.7 Acre(s) $ 14.75 $ 511.83 1 $ 61.42 $ 51.18 $ 624.43
12" 16% Account Management -Setup & Maintain Accountant 8 Hour(s) $ 102.00 $ 816.00 1 $ 97.97 $ 130.56 $ 1,044.48
SUBTOTAL $ 353.98 $ 399.14 $ 3,702.95
Page 2 of 2
Annual Ongoing Tasks and Costs, Years 4 and on
PROPERTY: Poinsettia 61 Preserve LAST UPDATED: 1/15/18
COST COST ANNUAL ANNUAL
"' A" TASK ITEM TITLE • UNIT (ltam) (Title) BASE COST YRS CONT ADMIN TOTAL COST
llotlcSUrveys
12" 16" Baseline Mapplnr; -Ve1etation Preserve Manaser 8 Hour(s) $ 101.00 $ 808.00 5 $ 19.39 $ 25.86 $ 206.85
12% 10% Baseline Mappinr; -Ve1etation GIS Contractor 4 Hour(s) $ 90.00 $ 360.00 5 $ 8.64 $ 7.20 $ 87.84
12% 16% Monitor Transects Habitat Manager 12 Hour(s) $ 101.00 $ 1,212.00 5 $ 29.09 $ 38.78 $ 310.27
12% 16% Monitor Transects Pro,:ram Coordinator 12 Hour(s) $ 90.00 $ 1,080.00 5 $ 25.92 $ 34.56 $ 276.48
12% 16% CAGN Protocol Survey Preserve Manager 18 Hour(s) $ 101.00 $ 1,818.00 9 $ 24.24 $ 32.32 $ 2S8.S6
12% 16% CAGN Protocol Survey Program Coordinator 18 Hour(s) $ 90.00 $ 1,620.00 9 $ 21.60 $ 28.80 $ 230.40
12% 16% Post-fire Monitoring (5 years) Preserve Manager 24 Hour(s) $ 101.00 $ 2,424.00 25 $ 11.64 $ lS.51 $ 124.11
12% 16% Post-fire Monitoring (5 years) Program Coordinator 24 Hour(s) $ 90.00 $ 2,160.00 25 $ 10.37 $ 13.82 $ 110.59
SUBTOTAL $ 150.88 $ 196.86 $ 1,605.10
Habitat/Site Malrananc:e
12% 16% Monthly Patrol Preserve Mana1er 72 ltem(s) $ 101.00 $ 7,272.00 1 $ 872.64 $ 1,163.52 $ 9,308.16
12% 10% Erosion_ Control BMP Materials 1 ltem(s) $ 307.00 $ 307.00 1 $ 36.84 $ 30.70 $ 374.54
12% 10% lnvasive_Control Weeding -Hand Removal Field Technician 64 Hour(s) $ 43.00 $ 2,752.00 1 $ 330.24 $ 275.20 $ 3,357.44
12% 16" Invasive Control Weeding -Manage & Direct Preserve Manager 8 Hour(s) $ 101.00 $ 808.00 1 $ 96.96 $ 129.28 $ 1,034.24
12" 10% Invasive Control Weeding -Manage & Direct Field Supervisor 16 Hour(s) $ 97.00 $ 1,552.00 1 $ 186.24 $ 155.20 $ 1,893.44
12% 10% Invasive Control Herbicide Concentrate (225) 2.5 Gallon(s) $ 225.00 $ 562.50 1 $ 67.50 $ 56.25 $ 686.25
12" 10% Seed 1 Fee $ 500.00 $ 500.00 5 $ 12.00 $ 10.00 $ 122.00
12" 10% Trash Removal Dump Fee -Organic Debris 2 ltem(s) $150.00 $ 300.00 1 $ 36.00 $ 30.00 $ 366.00
12% 10% Signs Basic -14"x20" 20 ltem(s) $ 55.00 $ 1,100.00 5 $ 26.40 $ 22.00 $ 268.40
12% 10% Signs Installation -Basic Sign Field Technician 10 Hour(s) $ 43.00 $ 430.00 5 $ 10.32 $ 8.60 $ 104.92
12% 10% Maintain Transects T-posts 20 ltem(s) $ 5.50 $ 110.00 20 $ 0.66 $ 0.55 $ 6.71
SUBTOTAL $1,675.80 $ 1,881.30 $ 17,522.10
Reportln&
12% 16% Monthly Log Report -Preparation Preserve Manager 12 Hour(s) $ 101.00 $ 1,212.00 1 $ 145.44 $ 193.92 $ 1,551.36
12" 16% Wildlife Camera Photo Management Preserve Mana1er 2 Hour(s) $ 101.00 $ 202.00 1 $ 24.24 $ 32.32 $ 258.56
12% 10% Collector -Uodates and Maintenance GIS Contractor 2 Hour(s) $ 90.00 $ 180.00 1 $ 21.60 $ 18.00 $ 219.60
12" 16" CAGN Reoort and Notke Preserve Manager 12 Hour(sl $ 101.00 $ 1,212.00 9 $ 16.16 $ 21.55 $ 172.37
12% 10% CAGN Report and Notice GIS Contractor 2 Hour(s) $ 90.00 $ 180.00 9 $ 2.40 $ 2.00 $ 24.40
12" 16" Annual Report -Preparation Preserve Manager 20 Hour(s) $ 101.00 $ 2,020.00 1 $ 242.40 $ 323.20 $ 2,585.60
12% 10% Annual Report -Preparation GIS Contractor 2 Hour(s) $ 90.00 $ 180.00 1 $ 21.60 $ 18.00 $ 219.60
12" 16" Annual Reoort -Review Executive Director 4 Hour(s) $ 115.00 $ 460.00 1 $ 55.20 $ 73.60 $ 588.80
12" 16% Post-fire Annual Reoorting (5 years) Preserve Manager 40 Hour(sl $ 101.00 $ 4 040.00 25 $ 19.39 s 25.86 $ 206.85
12" 16% Post-fire Annual Reoorting (5 yearsl Pro1ram Coordinator 40 Hour(sl $ 90.00 $ 3 600.00 25 $ 17.28 $ 23.04 $ 184.32
12" 16% Reoort Review & Edits Executive Director 4 Houris) S 115.00 s 460.00 1 s 55.20 s 73.60 $ 588.80
12" 16% Reproduction & Delivery Prosram Coordinator 3.5 Hour(s) $ 90.00 $ 315.00 1 $ 37.80 $ 50.40 $ 403.20
12" 10% Photo Aerial Photo 1 Photo(s) $ 50.00 $ 50.00 1 $ 6.00 $ 5.00 $ 61.00
12" 16" PMP Uodate Preserve Manacer 12 Hour(s) $ 101.00 $ 1,212.00 5 $ 29.09 $ 38.78 $ 310.27
SUBTOTAL $ 693.80 $ 899.27 $ 7,374.73
Outreadl
12%116" Community Outreach Attend Meeting or Create Brochure Preserve Manager 8 Hour(s) $ 101.00 $ 808.00 2 $ 48.48 $ 64.64 $ 517.12
SUBTOTAL $ 48.48 $ 64.64 $ 517.12
General c-dlnatlon
Page 1 of 2
Annual Ongoing Tasks and Costs, Years 4 and on
PROPERTY: Poinsettia 61 Preserve LAST UPDATED: 1/15/18
12" 16" Coordinate -City, Others Executive Director 8 Hour(s) $ 115.00 $ 920.00 1 $ 110.40 $ 147.20 $ 1,177.60
12% 16% Coordinate -City, Others Preserve Manager I 12 Hour(s) $ 101.00 $ 1,212.00 I 1 $ 145.44 $ 193.92 IS 1,551.36
SUBTOTAL $ 255.84 $ 341.12 $ 2,728.96
Offlca Malnta-
12% 10% Supplies I 1 Fee $ 250.00 I S 250.00 I 1 $ 30.00 $ 25.00 $ 305.00
SUBTOTAL $ 30.00 $ 25.00 $ 305.00
Field Equipment
12% 10% GPS, Camera, Laotop, Phone 1 ltem(s) $100.00 $ 100.00 1 $ 12.00 $ 10.00 $ 122.00
12% 10% Wildlife Camera 2 ltem(s) $ 250.00 $ 500.00 3 $ 20.00 $ 16.67 $ 203 .. 33
12% 10% Mileage Mileage -Annually 825 Mile(s) $ 0.55 $ 449.63 1 $ 53.96 $ 44.96 $ 548.54
12" 10% Mileage Mileage -9-Year Efforts (CAGN) 165 Mile(s) $ 0.55 $ 90.75 9 $ 1.21 $ 1.01 $ 12.30
SUBTOTAL $ 87.17 $ 72.64 $ 886.18
Operations
12" 10% Audit Audit -Flat Fee 1 Per Site $ 702.00 $ 702.00 1 $ 84.24 $ 70.20 $ 856.44
12% 16% Project Management -Supervise & Coordinate Executive Director 8 Hour(s) $ 115.00 $ 920.00 1 $ 110.40 $ 147.20 $ 1,177.60
12" 10% Insurance Liability 34.7 Acre(s) $ 14.75 $ 511.83 1 $ 61.42 $ 51.18 $ 624.43
12% 16" Account Mana11ement -Setuo & Maintain Accountant 8 Hour(s) $ 102.00 $ 816.00 1 $ 97.92 $ 130.56 $ 1,044.48.
SUBTOTAL $ 353.98 $ 399.14 $ 3,702.95
Page 2 of 2
Financial Summary
PROPERTY: Poinsettia 61 Preserve LAST UPDATED: 1/15/18
Acreage=
Contingency Rate =
Administrative Rate =
Endowment per Acre =
Endowment per Acre per Year=
COSTS PER YEAR
Initial & Capital Costs for Year 1 at 2018 rates
34.7
12%
16%
$ 23,490.18
$ 998.33
Annual Ongoing Costs per Year from Year 2 to Year 3 at 2018 rates
Annual Ongoing Costs per Year from Year 4 to perpetuity at 2018 rates
TOTAL INITIAL FINANCIAL REQUIREMENTS
Initial & Capital Costs for Year 1
Annual Ongoing Costs for Year 2
Annual Ongoing Costs for Year 3
Initial Financial Requirements for Years 1. 2.3
ENDOWMENT REQUIREMENTS FOR ONGOING STEWARDSHIP
Endowment to Provide Ongoing Income of $ 34,642.14 at Cap. Rate of
Less Total Initial Financial Requirements
Required Endowment••
EMERGENCY & LEGAL FUND
4% of Endowment
TOTAL CONTRIBUTION
Contingency $
Administrative $
4.25%
Initial Year Annual Yrs 2 & 3 Annual Yrs 4 and on
4,471.22 $ 3,565.48 $ 3,295.95
5,303.65 $ 4,565.78 $ 3,879.96
TOTAL($)
$ 47,035.07
$ 40,231.45
$ 34,642.14
$ 47,035.07
$ 40,231.45
$ 40,231.45
$ 127.497.97
$ 815,109.13
$ (127,497.97)
$ 687,611.16
$ 27,504.45
(Initial Rnanclal Requirements for Years 1,2,3 + Required Endowment + Emergency & Legal Fund) $ 842,613.58
Page 1 of 1
a•NORTH .. AMERICAN
•
TITLE COMPANY
Ltlce Clockwork.,
EXHIBIT D
Title Report
3090 Brillhll Slnld, Suie 190
a.ta Mesi. CalliJmil 92626
Office Phone: (919)419-9181
Office Fm:: {711)1i67--G338
Email: 1andydmlll•n0111t.com
Updated May 25, 2018
l..emal' Hames Of CiilWania
25 Ellll:tpillle -Dre Depia1nient_ Suilll! 100
Aliso Vi$>. CA 92656
Allmticn: Sue Rudolph
Pfflilninay aea-tD*ldasdMIIYIS.2018 at:7:JOA.M.
Ya..-Ref: ~61
0..-Onh No.: 1530155
PmpertyAddrem: 215-o50-16, ~s.~
11, 215-050-47, 215-020-07, 215-050-22 and 215-
050-21 C'arlsbad, CA
In Rllplllllletotheabcwie l'fflRnCed appliaitiorl fora FolitydTile 1....-ante,,
11ort1t Alnelicaa Tille 1nsaance c-pany
ltPn:by repmts that it is prepared to i&lue, or-C1U11e to be issued, as d the dab! bend, a Folity er Pdicies d
Tile "1llaimce de.uibir,g the 111111 and the estate er interest therein herenaftr:r 11111: blh, inBlrilg agllilSt lms
wnch ~ be IUlltand hr l'l!lilSOII d illlY cWect, len er encumbrana! l'lllt slawt or nRl11!ld ID as a, Eira!ptian
below or-l'lllt mduded from mverage pinuri ID the pmled Schedas, c.ordtions and~ dsaid Poky
bms.
The prinhld Elat..qJtiu,.s and £xdusians from the CDllllRge and lmtatu.s on CIMftld risb d said Folity er Pdicies
are sel: forth in Embil: A attached. The Folity to be aued may conlaiin an Arbilralion Cliue. WIBl lhe llllKlllllt
d nuranm ill less than that set bth in the Arbilralion Clause. al arbilralile lllillllll's shal be mblai11111 • lhe
aptiun d eilla' the Campilll'f OI" the JnBured as lhe emusive nimecl, d lhe PaltilB.. Limialu• M -eit rim
applicable to lhe Q.TA and ALTA l~s Pdicies d Tile lnSlnnce wnch estilbWI a ded11dHe dlllUII:
and a mannum dolar lnit d lialilly for certain ~ are allO set bth in Exhilil: A. Copies d the Folity
funns should be imd. They are available mm lhe office which aued lhis report.
PlrillSe'--'lheexc:epliaM sllown •nferred IDbelcRwatdfllr..,11-icaswleel I •sd
forth in Exllllit A al 1115s ~ carefuly. ~ enz:plinas and ecdillians aR wt to pNWide yaa
willl natilr al ...uas wliida -not CDRlm under Ille krnls al the ~ illsuracle poky _..
.... beCiilef"ullr ~
It is fllllmdi1llll to null! tlaat tllis prdim3llary ttpOlt is aot a wriltB. 1epaeRllblion as 1D the
ainditiaa altitlewl lllilY ... list. liell5. dl!fftts. _._..._ affmillg tilletotllelwl.
1115s repmt (and any aipplemenls OI" arnendmms henm) is islued solely fur the pwpme d fac&n,g 1he muance d a palic.y d tide nurance mlll no lliabilily is _.mer1 hl!reb,. If it is desirm that lliabilily be~
prior ID lhe illuanc.e d a pcli[y d 1lle inuanc.e, a e.m-ex a:.,a,iblildl._ should be requeslm
The fmm d Poky d tille ilaa'anc.e l.UdB,CJl;aled l,y Ins report ill: Pn!lim and
SiJJdM&ionQJai"-*ie
.,.,_...., that1he Anaic.a AM. lllww.a's l'laky (Q.TA/ ALTA Ilea.mm'>. l'laky) c;an ant, a__. -b•_.,_
ilMJlving indiwirlmls .s pun:lt;,,,,n .-1 rmhml 1-4 pn,perlil!s. ,_,, ........, hi the AmaiGo Finl H1wwa"., l'laky
(Q.W ALTA tb1-m's Pllky) will be isllual in a b•S&tial• that dms Id ..at._ all!riil is la-, n!lliad ID stall!
that .. .., .............. hill !ilanllladOM!ngR Paky.
Randy Dean. lille Officer
Paget
Older-No. 92002-l.530155-17
SCHEDULE A
1. The estate or intErest in the land hereinafter desai:Jed or refem!d to covered by ttis report is:
A fee as to Parcel(s) 1, 2, 3, 4, S, 6 & 7, an easement as to Parcel(s) 3A.
2. Tile to said estate or irm-est at the date hereof is vesml n:
LENNAR HOM3 OF CAUFORNIA, INC., A CAI..IFORNIA CORPORATION
3. 1he Land referred to .. tns report is situated in the aty r1 Cartsbad state r1 calfumia, Coooty r1 San Diego,
and is described as follows:
See attached Legal Description
Page2
Order No. 92002-1530155-17
LEGAL DESCRIPTION
Real property in the aty of cartsbad, Cotriy of San Diego, state of califomia, desai,ed as follows:
PARCEL 1: (APN NO. 215-0S0-21-00)
THE NORlH 11 AaES OF lHE NORlHWEST QUARTER Of THE NORTHWEST QUARTER OF SECTION 26,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY Of SAN DIEGO,
STATE OF CALIFORNIA, ACCDRDING TO ll'ffTED STAlES GOVERNtoENT SlJtVEY lHEREOF.
PARCEL 2: (APN NO. 215-0S0-22-00)
THE NORlH HALF OF THE NORTHWEST QUARTER OF lHE NORTHWEST QUARTER OF SECTION 26,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE alY OF CARLSBAD,
COUNTY Of SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
EXCEPTING THEREFROM, lHE NORTH 11 ACRES.
PARCEL 3: (APN NO. 215-020-07-00)
THE SOUTHWEST QUARTER OF lHE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH.
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN lHE <XXJN1Y OF SAN DIEGO, STATE OF
CALIFORNIA, ACXX>RDING TO UNITED STATES GOVERNl'ENT SURVEY lHEREOF.
EXCEPTING THEREFROM, lHE NORTH HALF OF SAID SOUTHWEST QUARTER OF lHE SOUTHWEST
QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AN>
MERIDIAN, IN lHE CXlUNTY OF SAN DIEGO, STATE OF CALIFORNJA, ACCORDING TO UNITED STATES
GO'VERN'4ENT SURVEY lHEREOF.
PARCEL3A:
AN fASEtoENT FOR INGRESS AND EGRESS OVER, ALONG AND ACROSS THE WESTERLY 20 FEET Of lHE
NORTHWEST QUARTER OF lHE NORlHWEST QUARTER OF SECTION 26, 10WNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN, IN lHE <XXJN1Y OF SAN DIEGO, STATE OF CAI..IFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY lHEREOF.
PARCEL 4: (APN NO. 215-<IS0-44-QO)
THE SOUTH HALF Of THE SOUTHWEST QUARTER OF lHE NORTHWEST QUARTER OF lHE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CXlUNTY OF SAN DIEGO, STATE OF CALIFORNJA, ACCORDING TO UNITED STATES
GO'VERN'4ENT SURVEY, APPROVED OCTOBER 27, 1875.
PARCEL S: (APN NO. 215-050-45-oo)
THE SOUTH HALF OF THE SOUTHEAST QUARTER OF lHE NORlHWEST QUARTER OF THE NOR1HWEST
QUARTER Of SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACXDRDING ro lftITED STATES
GO'VERN'4ENT SURVEY, APPROVED OCTOBER 27, 1875.
PARCEL 6: (APN NO. 215-050-46-00)
THE NORlH HALF OF lHE SOUTHEAST QUARTER OF 1HE NORTHWEST QUARTER Of lHE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AN>
Page3
Rew. NAT Wl5i/1S Order No. 92002-1530155-17
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACXDRDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED OCTOl!ER 27, 1875.
PARCEL 7: (APN NO. 215-oso-47-00)
THE NORTH HALF OF THE SOUlltWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACXDRDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED OCTOl!ER 27, 1875.
Page4
Rew. MT wril:IS OJder No. 92002-1530155-17
SCHEDULE B
At the dale hereof ecceptiol is to coverage in addlion to the pmt:ed exceptiolis and exclusions in the poky form
designated on the face page of this report would be as follows:
1. General and special taxes and assessments fur the fiscal year-2018-2019, a lien not yet due er
payable.
2. General and special taxes and assessments fur the fiscal year-2017-2018.
Fnt Inst.alment: $583.44, PAID
Penaly: $58.34
Second Instalment: $583.44, PAID
Penaly: $68.34
Tax Rate Area: 09164
A. P. No.: 215--050-21
Affects Parcel 1.
3. General and special taxes and assessi nents fur the fiscal year-2017-2018.
Fnt Inst.6nent: $564.83, PAID
Penaly: $56.418
Second Instalment: $564.83, PAID
Penaly: $66.418
Tax Rate Area: 09164
A. P. No.: 215--050-22
Affects Parcel 2.
4. General and special taxes and assessments fur the fiscal year-2017-2018.
Fnt Instalment: $1,210.28, PAID
Penaly: $121.02
Second Instalment: $1,210.28, PAID
Penaly: $131.02
Tax Rate Area: 09164
A. P. No.: 215--020-07
Affects Parcel 3.
5. General and special taxes and assessments fur the fiscal year-2017-2018.
Fnt Instalment: $9,232.99, PAID
Penaly: $923.29
Second Instalment: $9,232.99, PAID
Penaly: $933.29
Tax Rate Area: 09151
A. P. No.: 215--050-44
Affects Parcel 4.
PageS
Order No. 92002-1530155-17
6. General and special taxes and assess.lS'lts for the fiscal year-2017-2018.
F.-st Instalment $9,232.99, PAID
Penaly: $923.29
Second Jmtalment: $9,232.99, PAID
Penaly: $933.29
Tax Rate Area: 09151
A. P. No.: 215-050-45
Affects Parcel 5.
7. General and special taxes and assessments for the fiscal year 2017-2018.
F.-st Instalment $9,232.99, PAID
Penaly: $923.29
Second Jmtalment: $9,232.99, PAID
Penaly: $933.29
Tax Rate Area: 09151
A. P. No.: 215-050-46
Affects Parcel 6.
8. General and special taxes and assess,18lts for the fiscal year-2017-2018.
F.-st Instalment: $9,232.89, OPEN
Penaly: $923.28
Second Jmtalment: $9,232.89, OPEN
Penaly: $933.28
Tax Rate Area: 09151
A. P. No.: 215-050-47
Affects Parcel 7.
9. The lien of supplemental taxes, if any, assessed pu-suant to Olapler' 3.5 commencing wih Section 75
of the calfomia Reven.le and Taxation Code.
10. Water '911s. dams o,-tile to water, whether o,-not shown by the pubic records..
11. An easemert for steel towern o,-poles, wires o,-c.ahles and incidental puposes. recorded May 28,
1954 as Book 5252, Pages 186, 189 and 192 of Official Records.
In Favor of: San Diego Gas and Bectrk Company, a Corporation
Affects: Parcels 1, 2, 4, 5, 6 and 7
12. An easemert fut-pook utiities and incidental purposes, recorded September 8, 1954 as Book 5356,
Pages 162, 170 and 178 of Official Records.
In Favor of: San Diego Gas and Bectrk Company, a Corporation
Affects: Parcel 2
13. The tr.mis and provisions contained .-i the document entitled •Grading Development Agreement"'
recorded Seplelnbet 16, 2010 as lnslrument No. 2010--0491529 of Official Records.
Affects Parcel 3.
14. Any easements amfo,-servitudes affecting easement parcel(s} 3A herein desoi>ed.
Page6
lll!lr. NA.TW:tSllS Order No. 92002-1530155-17
15. 1he terms and provisions contained in the document enttled Agreement for Payment of a Pmlc
Facilities Fee, exew:ed by and between Robert ICeYane a Cheryl Kevane and Gnmd LTD., LMTD.,
PTNSHP and aty of carlsbad, recorded March 20, 1984, as Instnment No. 84-100828 of Official
Records.
16. Rem Ilion No. 97-528 of the Cl.y Council of the Cly m carlsbad, ca&romia, <M!fflllng and denying
protests and establishing bridge and thoroughfare Disbict No. 2 (Aviara Parkway-Poinsettia Lane) to
finance the ems of major public ~ in said Cl.y recorded My 22, 1997 as Instrument No.
1997-o349124 of Official Records.
Affects Parcels 4 thrcxqi 7.
17. An easernert fur pipelne or pipelines for any and al purposes, tDgether with the.-necessary fixhRs
and appurtenances, inducing, but not limil!d to, conduits and cables fur power transmission and
mrnmuncations purposes, togl!ther-with the right of ingress thereto, egress therelion1 and incidefial
purposes. recorded May 21, 1963 as Insbument No. 88650 of Official Records.
In Favor of: cartsbad Municipal watEr-DistJict
Affects: As described therein
18. An easernert fur ingress, ~ and incident.al purposes, recorded May 23, 1963 as Inmvment No.
90057 of Official Records.
In Favor of: G. T. Lyle, Emiy F. Lyle, Jack W. Sudduth, Robert L Barrows,
l..cmline Barrows, Raymond A. Turner, Lucile B. Turner, Burton
Shamsky, Roanne M. Shamsky, Shirley Nelson Om, Marjorie
CUlum and Betty Mc:Cowan
Affects: As described therein
19. CoYenants, conditions, resbic.tions and easements in the document recorded March 7,
2018 as Instrument No. 2018-0089150 of Official Records, but deleting any covenant. condition, or
1esbictioi1 indicamg a pefaeuce, linitation or discrinwtation based oo race, cob-, relgion, sex,
sexual oeltation, t.niial status, disabilly, handicap, national origin, genetic information, gender,
gender idertty, gender expession, source of income (as demed in Ollf'omia GcMmment: axle §
12955(p)) or ancesby, to the extent such covenants, coidiiolis or 1esbictiolis violation 42 U.S.C. §
3601(c) or CaWomia GcM!mment Code§ 12955. Lawful 1esbid:iolis mder state and federal law oo
the age of occupants in senior housing or housing for olde.-persons shal not be construed as
iesbictiollS based 00 famial st.atus.
20. Any facts, fidds, interests, or claims which are rd shown by the public recuds but whch could be
ascertained by an inspection of said land or by making inquiry of persons in posw. ;;i;n thereof.
21. Any rights, interests, or claims of parties in possession of the land not shown by the public R!CORls.
22. No known matters otherwise appropiate to be shown have been deletl!d from this R!l)Olt. which is
rd a policy of tile nuance but a report to facillate the issuance of a policy of title imuance.
t=or purposes of policy issuance, itl!ms None may be eJirninatl!d on the basis of an indemnity
agn,ement or other agreemei 1t satisfactory to the Company as insu-er.
23. Urrecorded ma1:m's which may be disdosed by an Owner's Affidavit or Declaration. A form of the
Owner's Affidavit/Declaration is attached to this Preiminaly Re.port/Conwnlment. This
Page7
-. IMT WIS/IS Order-No. 92002-1530155-17
Affidavi-/Dedaration is to be corr.,letm by the record owner of the land and submBm for review
prior to the dashg of this transaction. Your prompt attenticn to this ~ wil he.Ip avoid
delays in the dosing of this transaction. Thank you.
The Company resen,es the right to add additional items cw make fur1her requileme.nls aftllr review of
the requested AffidavitJDedaration.
Page8
--NAT lf151l5 Order No. 92002-1530155-17
***** NOTES *****
1. Notice of change in ownership recording procedure
Effective July 1, 1985 pursuant to state law as amended JanUillY 1, 2011 (Section 180.3 of the
Revenue and Taxation Code), all Deeds and other Documents that reflect a change in ownersh.,
must be acmmpanied by a Prmninaly Clange of Ownership Report to be completed by the
trausfeee.
If this special report is not presented at the time of recordng. an addlional recording fee of $20..00,
as required by law, wil be charged.
Preliinnary Cllarlge in Ownership forms, instructions on how to complete them, and a non-excbive
list of documents that are affemd by this change, are available from the County Recorder's Office or
the Office of the County Allsessor.
2. GOOD FlN>S lAW
Under Section 12113.1 of the catfomia Insurance Code, North American TIiie Company, Inc. mav
only make funds available fur disbursement in accordance wih the following rules:
Same day availability. Disbursement on the date of deposit is alowed only when funds ~ de.posed
to North American Title C'anpany, Inc. by a.sl:t or Electronic Transfer-(Wire). Cash wil be acceptrd
only under special cin.mlstances and upan approval by management.
Next business day availabilty. If funds are deposited to North American Tile Campany, Inc. by
cashier's checks, cerliied checks or teller's checks, dislusement may be on the next business day
following deposit. A ·tl!ller's check" is one drawn by an insu'ed financial ntitmon aganst another
insured mancial institution (e.g., a savings and loan fun<fing wih a check drawn aganst a FDIC
insured bank).
Second business day availabilty. If the deposit is made by checks other than those described in
paragraphs 1 and 2 above, disbursement may occur on the day when funds lftJSt be made available
to depositm; under federal Reserve Regulation CC. In most cases, these checks wil be available on
the second business day fulowing deposit. (For further-detais, consul 01lforria Instrcmce Code
Section 12413, et seq. and Regulation a:}.
These are the minirm.m periods before fmds wil be made avauble. North American Tdle C'anpany,
Inc. is not oblgalEd to disbtne funds at the expi"ation of the ti'ne periods above, and expressly
resen,es the right to reqme adlitional ti'ne before disbursalg on~ funds. Close of escrow
and final dislxnement wil not be made based on deposits in the furm of penonal checks, corpaate
checks, aedl: union checks, money market chedcs, travelers checks and official chedcs U1ti1I
conmnation of final clearance of the funds.
North American Tdle C'anpany, Inc. wil not be resp011si>le fur acauals of interest or other charges
resulting from compliance with the dsbursement resbictions imposed by sblll! law.
3. North American Tdle O>mpany, Inc. 's charges fur recarding the transaction documents include
chaiges fur services performed by North Amelican TIiie Company, Inc., in addition to an estimate of
payments to be made to governmental agencies.
Page9
Order No. 92002-1530155-17
1. Note: The polity to be issued may contain an a.-bibation clause. When the Amount d Insurance is
less than the certari dolar amomt set forth in any applcable arbiration clause,. al arblrable mat1ers
shall be arbibatal at the option of either the OJmpany or the Insured as the ecdusille remedy d the
parties. If you desire to review the bfflns of the policy, including any arbitration clause that may be
included, cont.act the office that issued this Commlment or Report 1D obtain a sample d the policy
jacket fu,-the policy that is 1D be issued in connection with yoor transaction.
5. The map altached, f any, may or may not be a survey of the land depic1nl hereon. North American
Tile OJmpany, Inc. eq,.esst, disclaims any liabilty b loss or damage which may remt: from
relance on this map except 1D the extfflt coverage for-such loss or damage is express1v provided by
the tl!lms and prollisions of the title insurance polcy, f any, to which this map is atlached.
Page 10
Order No. 92002-1530155-17
File Nurooer. 92002-1530155-17
OWNER'S DECLARATION
The undersigned Owner(s) d legal age, being duly sworn, deposes and states meter penaly d petjury under-
the laws dthe Stated callomia.
1. That certain real propet1.y (the"Propert.-t) as descri>ed in that certain Canmitrnent d Tide
Insurance/Prelminary Report No. 92002-1530155-17 dated as of October 19, 2017 reommitment/Report'")
issued by or on behalf of North American TIie Qmpany, Inc. ("North American Tide Canpany, Inc.") is
improved by the folowi,g (check al that apply)
[] Single family residences 0 One-to-four family residences
l1 Apartment buiking 0 Office building
D Commercial building [] Combination office/commercial building
n Industrial buiding [I Vacant land
D other:
2. WORK OF IMPROVEMENT: Please respond to A, Band C below:
A. For the period d 90-days prior to the date oc tt.s Affidavi:, no repaiis or work d inprovement
has been condudEd on, nor lfl'f materials supped to, the Propelly except as rolows:
(EnfEI" "None" f such is true.)
If you have deso ibed any work oc improvement above, please complete the folowing:
D Started on _____ _, 20 __ •
[J Complell!d on 20 __ •
D Wil be cornpleled on ______ ___, 20 __ •
B. c.essation of Labor (Please place an "X" by 1 or 2 below): o 1. There has been a cessation oc labor where a work oc Improvement was discontinued hebe
completion wlhin 150 days of the dam of Im AffidavL
PLEASE DESCRIBE THE NATURE OF THE WORK THAT DISCONTINUED:
O 2. There has not been a cessation oc labor where a work oc improvement was «isconmued bebe
completion wlhin 150 days of the dam of Im AffidavL
Page 11
Order No. 92002-1530155-17
C. There are oo unpaid bills fur-labor or material because of any i~ made to lhe
Property except:
(Enter "'None. f such is bue.)
3. No one is in pass!ss"on of, or has any right to possess-or of, lhe Property except:
L1 Dedarant as OMlel".
[l Tenants based only on month-to-month rental agreements.
D Tenants based upon existing leases as listm on lhe Rent Toll attached hereto as
Exhibit A and ~ herein by reference.
fJ Other: __________________ _
4. No person(s) or entitles, have (i) any options to purchase or rigtts of first refusal, indudng but. not limited to
lessees under any leases referred to in Paragraph 3 above, a,vJ/or {ii) easements, licenses, agreements or
other righls allowing them to use, encroac::h on, or access to lhe Property except (i} as shown in the
Comnmnent/Report. and (i)
(Enter .None. if such is true.)
S. Those certain lease(s) shown as exception nurnber(s) in the Cornmilmert/Report have elher: (a) exp.-ed by
thei-own mms, or (b) f they have not expired, the lessee(s) have vacall!:d the Property and Dedarant has
been notified of the vacation of the Property either-by con e51XJ1idet ic:e from the lessee or by physical
inspection of the property.
6. To the best of Oedarant's knowledge, there are oo inrecorded real property taxes or assessments against
the Property.
The undersigned is not aware of any release repor1s or commibnent st.atements which have been issued
pertai1ing to any environmental issues or liens.
7. This Affidavit is given f'or the purpose of inducing North American 1itJe Company, Inc. and its agents to issue
policy(ies) of tide insurance which may provide OM9'aQe with respect to al matms set forth hereh If
North American Title Company, Inc. elects, in its liscretion. to (a} accept this Affidavit, and (b) issue tide
insurance policy(ies) to tfird parties, North American Title Company, Inc. wil do so in material relance on
this Affidavit and the reprem ltation and covenants in this Affidavt.
8. Declarant aclcnowledges that he/she has read this Affidavit,. that al the stabements made in tns
Affidavit are bue and correct of his/her own actual lcnowledge, and fuly undetstands the legal
aspects of any misrep,ese11tatior6 or unbue statemen1s made in this Affidavit. Dedarant;, both
pecsonaly and on behalf of <>wner, covenants and agrees to defend, indemnify, and hold North
American Tide Company, Inc. harmless from and agant any and al claims, actior6, sots
(including arbilration), lablities, losses, damages, costs, charges, atlllrney's fees and other
expenses of evf!SY nab.we and character as a result of its relance on this Affidawt.
Page 12
Rew-MT11{151l5 Ordes-No. 92002-1530155-17
Executed on ______ _, 20___, at _________ _. _______ _
Owner
A nalaly p& or allw-affica-mqikting this
cert&& Vl!me5 any the idenli.y « the
inlhidiial llllflo signed the doament ID which this
cert&& is att..:hed. and not the ~
rl that doament.
Stated ___________ _
County cl ___________ _
(aty) (Slate)
Subsailed and sworn 1D (« afmned} before me on tlis ________ day of
• 20 • by • proved 1D me on
the basis of saliifac1Dry evidence 1D be the pe,son(s) who~ before me.
(seal} Signature ___________ _
Page 13
Order No. 92002-1530155-17
NORTH AMERICAN TITLE COMPANY
3090 8ristDI Street, Suite 190 , Costa Mesa, CA 92626
{949)419--9400 Fax: (714)667--0338 Email: randydeanteam@nat.com
Closinq Protection Letters can be ordered directly by emailing cacpl@nat.com
with your title order number and property address.
Attention:
Your Ref:
Our Order No.: 92.002-1530155-17
LENDERS SUPPLEMENTAL REPORT
Dated as of May 25, 2018 AT 7:30 A.M.
Title Officer: Randy Dean
The above numbered report (including any supplements or amendments thereto) is hereby modified ar,d/or
supplemented in order to reflect the following adcit:ional items relating to the issuance of an Amelican Land
Tlle Association loan form policy of Tlle Imuanc:e:
Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116.
There is located on said land a Vacant Land
Known as: 215-05o-46, 215-05o-45, 215-050-44, 215-0So-47, 215--020-07, 215-050-22 and 2.15-050-21
aty of Carlsbad
County d San Diego
State cl Ollifomia.
Accor<inQ to the public records, there has been no conveyance of the Land within a period of twenty-four months
prior to the date of this report. except as follows:
A document recorded OCTOBER 20, 2017 as [NSTRUMENT NO. 2017--0488762 of Official Records.
From: 2010-l RADC/CAOC Property XII, U.C
To: LENNAR HOMES IF CALI\IFORNIA, INC.
AccorcinQ to the public records, there has been no conveyance of the land within a period of twenty-four months
prior to the date of this report, except as follows:
None
Page 14
Order No. 92002-1530155-17
Piivacy Policy Rn. 95/lVlffl
Noath. American Title. Grou Family of Com anies
WHAT DOES NORTH AMERICAN mu GROUP, llC FAMILY OF COMPANIES DO w.rrn YOUR
PERSONAL INFORMATION?
Financial companies choose how th.ey Wl"R yotr personal in.formation. Feder.al law gives
consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you
how we collect, share, :and protect your personal information. Please read this notice carefully
to understand what we do.
The types of personal inform~ion we collect and share depend on the product or sl!fVice yoo
have with us. This in.formation can include:
• Social Security number and income
• Transaction history and payment history
• Purchase hist and illCCDunt balances
All finalKial companies need to share customers' personal information to run their everyday
business. In the section below, we list tM reasons financial companies can share their
customers' personal information, the reasons North American Title Group, :LLC: Familr of
Compaiies ("NATG·> chooses to share, :and whether you can limit this sharing.
for our ewrydav business purpasas Yes No
Such :as to process ~r tnnsactions, maintain your illCCDunt{s), respond to
mun orders and t~ investlptions, or report to credit bureaus
for our marketing purposes
To offer our ucts and services to
for"aint .lllithotherfinandal nies
for our afliiatM' everyday business purposes
Information about your tnnsactions and experiences
for our afliJiates' everyday businl!ss purposes.
Information about your crelfitwarthiness
Yes
No
Yes
No
Yes
No
No
We don't share
No
We don't share
Yes.
We don't share
• Visit the followinc webpace for full instructions and a link to the Opt Out
process via our NATIRACK system: www:rat.com{Opt-Out OR
M ad-m Form
If you h.m! a joint
account, your
choice(s) will apply to
everyone on your
account wtless you
maritbelD)III.
0 Apply my choices
onivtome.
MailTo:
• Mail the form below
PIYSenote:
If you are a new customer, we can bei:jn shaf'inc your information 30 days from the
ckte we sent this notice. When ','Oll are no loncer our customer, we continue to share
your information as described in this notice.
However,. you can contact us at any time to limit our sharing.
can 1 {844} 654-5408
Marie any/all you want to limit:
IJ Do not allowyour.rffiliatestouse mn1ersonal information to marltet to me.
Name
Addnss
Cilv State Ton
Account•
North American Trtle Group, llC family of Companies
ATTN: General CoullSlll!I
760 Northwest 107"' Avenw, Suite 400 1
Miami.. FL 331n
Page 1S
Order No. 92002-1530155-17
Who is providing this notice? I North American Title Group, LLC Family of Comp;mies (identined below), which offers title insurance and settlement services and property and casualty insurance How does NATG protect my personal I To protect your personal information from unauthorized access and information? use, we use security measures that comply with federal law. These measures include computer safeguards and secure files _and buildinp. How does NATG collect my personal I We collect your personal information, for example, when yoo information? • Appl',' for insurance; Why can't I limit all sharing? What happens when I limit sharing for an ac:a,unt I hold jointly with someone else? Definitions Affiliates Nonaffiliates Joint marketing • Appl',' for financing; • Give us your contact information • Pro,..ide your mortgage information • Show your government-issued ID We also collect ~·our personal information from ott,ers, such as credit bureaus, affiliates, or other companies. Federal law gives you the right to limit only • Sharing for affiliates' everyday business purposes -information about your creditworthiness • Affiliates from using your information to market to you • Sharing for nonaffiITTates to market to you State laws and individual companies may give you additional rights to limit sh:arin~. Your choices will apply to everyone on your account-unless you tell us otherwise. Companies related by common ownership or control. They can be financial and nonfinancial companies. • Our affiliates include companies with a Lennar name; financial companies such as Eagle Home Mortgage, Eagle Home Mortgage of California, CalAtlantic Mortgage, Inc., and Rialto Capital Management; and nonfinancial companies, such as Lennar Corporation, Lennar Multifamily Companies, Lennar Commercial, Lennar Homes USA, Lennar Family of Builders, CalAtJlantic Homes, Lennar Sales Corp., Sl'H Trtle, Inc., Sunstreet Energy Group, Frve Point Communities, WCI Communities, LLC, Watermark Realty Referral, Inc., and WCI Realtv. Inc. Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiliates we share with can include collection agencies, IT service pro~iders, companies that perform mari:eting seNices on our behalf, and consumer reporting agencies. A formal agreement between nonaffifiated financial companies that togethet-market financial products or services to you. • NA TG doesn't jointly maritet. The North American Title Group, LLC Family of Companies consists of the following entities: North American Title Company North American Title Company, Inc.. North American Title Company of Co6orado North American Title nnsuranoe Company North American Services, LLC North American TIiie Agency, Inc. <:alAtfantiic Title, Inc.. CalAtfantiic Title of Maryland, Inc. !low. ~T 11{15]15 Page 16 North American Abstract AgenC'f NA.SSA, LLC North American Trtle, LLC North American Advantage Insurance Sen.ices, LLC North American National Title Solutions, llC North American Title Agency, LK CalAtlantk TIile Atlanta, LLC CalAtlantic Title Chanleston, LLC Order No. 92002-1530155-17
OL TA Preliminary Report Form -Exhibit A <• )5-06-16)
Cl TA STANDARD COVERAGE POUCY -1990
EXCLUSIONS FROM COVERAGE
Toe following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses
which arise by reason of:
1. (a) Any law, ordinance or govemmental regulation (lndudlng but not limited to building or zoning
laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (I) the OCOJpancy, use, or enjoyment of the land; (Ii) the character,
dimensions or location of any Improvement now or hereafter erected on the land; (ill) a separation in ownership or a change In the dimensions or
area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy.
(b) Any governmental police power not exduded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or
encumbrance resultlng from a violation or alleged violation affecting the land has been recorded In the public records at Date of Polley.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the publlc records at Date of Polley, but not excluding from coverage
any taking which has OCOJrred prior to Date of Polley which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse dalms or other matters:
(a) whether or not recorded In the publlc records at Date of Polley, but created, suffered, assumed or agreed to by the Insured dalmant;
(b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured dalmant and not dlsdosed In writing to
the Company by the Insured dalmant prior to the date the Insured dalmant became an insured under this policy;
(c) resultlng In no loss or damage to the Insured dalmant;
(d) attaching or created subsequent to Date of Polley; or
(e) resulting In loss or damage which would not have been sustained If the insured claimant had paid value for the Insured mortgage or for the estate
or Interest Insured by this policy.
4. Unenforceablllty of the lien of the Insured mortgage because of the Inability or failure of the Insured at Date of Polley, 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. s. Invalidity or unenforceabllity of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage
and Is based upon usury or any consumer credit protection or truth In lending law.
6. Any claim, which arises out of the transaction vesting In the Insured the estate of Interest Insured by this policy or the transaction creating the Interest of
the Insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by
the public records.
Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the public records.
2. Any facts, rights, interests, or dalms which are not shown by the public records but which could be ascertained by an Inspection of the land or which may
be asserted by persons In possession thereof.
3. Easements, liens or encumbrances, or dalms thereof, 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 dlsdose, 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.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
Cl TA/ ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions In Schedule B, You are not Insured against loss, costs, attorneys' fees, and expenses resultlng from:
1. Governmental pollce power, and the existence or violation of those portions of any law or govemment regulation concerning:
a. building;
b. zoning;
c. land use;
d. Improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 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 Polley Date, but not to Us, unless they are recorded In the Public Records at the Polley Date;
c. that result In no loss to You; or
d. that first occur after the Polley Date -this does not limit the coverage described In Covered Risk 7, 8.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 spedflcally 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 llmlt 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.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
UMITATIONS 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.
Page 20
Rev. NAT 8/15/15 Order No. 92002-1537337-17
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
( Covered Risk 21:
Your Deductlble Amount
1 % of Policy Amount Shown In Schedule A or $2,500
(whichever Is less)
1 % of Policy Amount Shown In Schedule A or $5,000
(whichever Is less)
1% of Policy Amount Shown In Schedule A or $5,000
(whichever Is less)
1 % of Polley Amount Shown In Schedule A or $2,500
(whichever Is less)
2006 AL TA LOAN POUCY' (06-17-06)
EXO.USIONS FROM COVERAGE
Our Maximum Dollar
Limit of Liability
$10,000
$2S,0OO
$25,000
$S,OO0
Toe following matters are expressly exduded 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 (lndudlng 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;
(Ill) the subdivision d land; or
(Iv) environmental protection;
or the effect d any violation of these laws, ordinances, or governmental regulations. This Exduslon l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exduslon l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exduslon does not modify or limit the coverage provided under Covered Risk 7 or B.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Oalmant;
(b) not Known to the Company, not recorded In the Public Records at Date of Polley, but Known to the Insured Oalmant and not disclosed In writing to
the Company by the Insured Oalmant prior to the date the Insured Oalmant became an Insured under this policy;
(c) resulting In no loss or damage to the Insured Oalmant;
(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 Oalmant had paid value for the Insured Mortgage.
4. Unenforceabillty of the lien ri the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing-business laws d the
state where the Land Is sltUated. s. Invalidity or unenforceabillty 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 dalm, 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 prefe{'.elltlal 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 Polley and the
date of recording of the Insured Mortgage In the Public Records. This Excluslon does not modify or limit the coverage provided under Covered Risk ll(b).
The above policy fonm may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exduslons from Coverage, the
Exceptions from Coverage In a Standard Coverage policy will also lndude the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
[Except as provided In Schedule B -Part II,[ t[or T]hls policy does not Insure against loss or damage, and the Company will not pay costs, attorneys' fees or
expenses, that arise by reason of:
[PARTI
[The above policy fonm 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:
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 dalms 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. s. . (a) Unpatented mining dalrns; (b) reservations or exceptions In patents or In Acts author1zlng the Issuance thereof; (c) water rights, dalrns 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. ]
PARTII
In addition to the matters set forth In Part I of this Schedule, the Title Is subject to the following matters, and the Company Insures against loss or damage
sustained In the event that they are not subordinate to the lien of the Insured Mortgage:]
2006 ALTA OWNER'S POLICY' (06-17·06)
EXO.USIONS FROM COVERAGE
The following matters are expressly exduded 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, penmlt, or governmental regulation {lndudlng 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;
(Ill) 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.
Page 21
Rev. NAT 8/lS/lS Order No. 92002-1537337-17
,., (b) Any governmental police power. Tots Exclusion l(b) does not modify or llmltthe coverage
provided under Covered Risk 6.
1. Rights of eminent domain. This Exduslon does not modify or limit the coverage provided under Covered Risk 7 or 8.
2. Defects, liens, encumbrances, adverse dalms, or other matters
(a) created, suffered, assumed, or agreed to by the Insured aalmant;
(b) not Known to the Company, not recorded In the Public Records at Date of Polley, but Known to
the Insured Oalmant and not disclosed In writing to the Company by the Insured aalmant prior to the date the Insured aa1mant became an Insured
under this policy;
(c) resulting In no loss or damage to the Insured aatmant;
(d) attaching or created subsequent to Date of Polley (however, this does not modify or llmlt the
coverage provided under Covered Risk 9 and 10); or
(e) resulting In loss or damage that would not have been sustained If the Insured Calmant had paid
value for the Title.
3. Any dalm, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction vesting the Tltle 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.
4. Any lien on the Tltle for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Polley and the date
of recording of the deed or other Instrument of transfer In the Public Records that vests Tltle 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 Exduslons from Coverage, the
Exceptions from Coverage In a Standard Coverage policy will also lndude 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:
[The above pollcy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exduslons from Coverage, the
Exceptions from Coverage In a Standard Coverage policy will also lndude the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing Hens by the records of any taxing authority that levies taxes or assessments on real property or
by the Public Records; (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 dalms that are not shown In 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, vlolatlon, variation, or adverse circumstance affecting the Tltle that would be dlsdosed by an accurate and complete land
survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining dalms; (b) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (c) water rights, dalms or title to water,
whether or not the matters excepted under {a), (b), or (c) are shown by the Public Records.
6. Any Hen or right to a Hen for services, labor or material not shown by the Public Records.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY -ASSESSMENTS PRIORITY (04-02-15)
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage of this policy and the Company wlll not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law,· ordinance, permit, or governmental regulation {Including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
{I) the occupancy, use, or enjoyment of the Land;
(II) the character, dimensions, or location of any Improvement erected on the Land;
(Ill) the subdMslon of land; or
(Iv) environmental protection;
or the effect r:f any vlolatlon of these laws, ordinances, or governmental regulations. This Exduslon l{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 Exduslon l(b) does not modify or llmlt the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exduslon does not modify or llmtt the coverage provided under Covered Risk 7 or 8.
3. Defects, Hens, encumbrances, adverse dalms, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Oalmant;
(b) not Known to the Company, not recorded In the Public Records at Date of Polley, but Known to the Insured aalmant and not dlsdosed In writing to
the Company by the Insured Calmant prior to the date the Insured Oalmant 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 llmlt 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 Oalmant had paid value for the Insured Mortgage.
4. Unenforceablllty of the Hen 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 unenforceablltty In whole or In part of the Hen 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. Tols Exduslon does not modify or limit the coverage provided In
Covered Risk 26.
6. Any dalm of Invalidity, unenforceabiltty or lack of priority of the Hen 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 Exduslon does not modify or
llmlt the coverage provided In Covered Risk 11.
7. Any Hen on the Tltle for real estate taxes or assessments Imposed by governmental authority and created or attaching subsequent to Date of Polley. This
Exduslon does not modify or limit the coverage provided In Covered Risk 11(b) or 25.
8. The failure of the resldentlal structure, or any pottlon of It, to have been constructed before, on or after Date of Polley In accordance with applicable
building codes. This Exduslon does not modify or limit the coverage provided In Covered Risk 5 or 6.
9. Any dalm, by reason r:f 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.
10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
Page 22
Rev. NAT 8/15/15 Order No. 92002-1537337-17
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