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HomeMy WebLinkAbout2019-03-26; City Council; ; Execution of Declarations of Restrictive Covenants for the Veterans Park and Aviara Park open space parcels~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: March 26, 2019 Mayor and City Council Scott Chadwick, City Manager Rosanne Humphrey, Sr. Program Manager Rosanne.Humphrey@carlsbadca.gov or 760-602-4689 CA Review Rt..&-- Subject: Execution of Declarations of Restrictive Covenants for the Veterans Park and Aviara Park open space parcels. Recommended Action Adopt a Resolution authorizing execution of Declarations of Restrictive Covenants for the Veterans Park and Aviara Park open space parcels. Executive Summary Veterans Park and Aviara Park open space parcels provide mitigation for certain impacts associated with the Poinsettia 61 Project (Project), which includes construction of the last remaining section of Poinsettia Lane west of El Camino Real (also known as "Reach E"). The Declarations of Restrictive Covenants (restrictive covenants) are a type of conservation easement that will permanently protect the sensitive habitats and species on these city-owned preserves. These restrictive covenants are being brought before the City Council for authorization per Government Code Section 37350 -City property. Discussion The Project includes residential development, preservation of open space, and construction of Poinsettia Lane Reach E. The Project will also construct a new park at the Buena Vista Reservoir site as a requirement of the Project. The Project will impact southern maritime chaparral, a protected native habitat. Mitigation for these impacts includes habitat creation, restoration, preservation and long-term management of open space land on the Project site (34.7 acres), and on city-owned Veterans Park (3.1 acres), and Aviara Park (5.6 acres), pursuant to requirements of Conditions Nos. 17 and 19(c) of Planning Commission Resolution 7226, dated Feb. 1, 2017; Mitigation Measure BR-6a of the Final Environmental Impact Report, dated January 2017; adopted by Planning Commission on Feb. 1, 2017 (Planning Commission Resolution 7224); and certified by the City Council on Mar. 14, 2017 (City Council Resolution No. 2017-043). The city's Habitat Management Plan requires that these mitigation areas be permanently protected through a conservation easement. The restrictive covenants, which are a type of conservation easement, will permanently protect the mitigation areas on city-owned lands. A separate restrictive covenant was recorded on Sept. 21, 2018, by the San Diego County Recorder for the lands owned by the Project developer. March 26, 2019 Item #5 Page 1 of 212 Fiscal Analysis All Project costs, including costs associated with project mitigation, will be borne by the project developer except for costs reimbursed by the city as part of the 2002 Updated Fee Study Report for Bridge and Thoroughfare District No. 2 (Aviara Parkway -Poinsettia Lane). Costs associated with the Project mitigation obligations, which are described in the restrictive covenants, will be presented to the City Council in a separate reimbursement agreement document. Next Steps After the restrictive covenants are executed by the city, they will be forwarded to the San Diego County Recorder for recordation. Environmental Evaluation (CEQA) The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15307 -Actions by regulatory agencies for protection of natural resources. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution. 2. Site Map. March 26, 2019 Item #5 Page 2 of 212 RESOLUTION NO. 2019-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF DECLARATIONS OF RESTRICTIVE COVENANTS FOR THE VETERANS PARK AND AVIARA PARK OPEN SPACE PARCELS. EXHIBIT 1 WHEREAS, the Poinsettia 61 Project (Project) consists of residential development, construction of the last remaining section of Poinsettia Lane west of El Camino Real and construction of a new park at the Buena Vista Reservoir site; and WHEREAS, the Project will impact southern maritime chaparral, a protected native habitat; and WHEREAS, mitigation for these impacts includes habitat creation, restoration, permanent preservation and long-term management of land on the project site, and on city-owned Veterans Park and Aviara Park, pursuant to requirements of Conditions Nos. 17 and 19(c) of Planning Commission Resolution 7226, dated Feb. 1, 2017; Mitigation Measure BR-Ga of the Final Environmental Impact Report, dated January 2017; adopted by Planning Commission on Feb. 1, 2017 (Planning Commission Resolution 7224); and certified by the City Council on Mar. 14, 2017 (City Council Resolution No. 2017- 043); and WHEREAS, the city's Habitat Management Plan requires that these mitigation areas be permanently protected through a conservation easement document; and WHEREAS, the restrictive covenants, which are a type of conservation easement document, will permanently protect the mitigation areas on city-owned lands. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized and directed to execute Declarations of Restrictive Covenants, which is attached hereto as Attachments A and B. 3. The Declarations of Restrictive Covenants will permanently protect the native habitats and species on the city-owned open space parcels on Veterans Park and Aviara Park as required by project conditions. March 26, 2019 Item #5 Page 3 of 212 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of March 2019, by the following vote, to wit: AYES: NOES: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. (SEAL) ity Clerk ,,,1111111111111,,,,,. #'~~ CAli/1111//. #'O•~-!---"'¾ ;:::c.... • .. ~~~ 1 /-· ~ ··w_i ~cj{ ~)C~ § \~,'-.' i § ~ \ rx .: ;: ~ •• •• ~f'I"-•• •• ~ ~"•• I ••h.§ ~'-;,q····•·•··•••··..,,_,T~ ~,,,,. l.lFOf\';,,#' lf//fllllll lllll\\\\~ March 26, 2019 Item #5 Page 4 of 212 /,,r !· .--: :r_J ! RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2019-0152033 I llllll lllll llll 1111111111111111 1111111111 1111111111 11l111111111111111 Apr 25, 2019 12:05 PM OFFICIAL RECORDS Ernest J Dronen burg Jr SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 107 Space above this line for Recorder's use Assessor's Parcel Number 215-841-13-00 Project Number and Name --------------EI R 15-03/GPA 14-06/ZC 14- 04/LCP A 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14- 34/HDP 14-07/HMP 14-04, Poinsettia 61 DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE CO,¥ENANTS ("Restrictive Covenant") is made this t:P, 1 H-day of Yrjrµ.,e,A,J , 201} by the City of Carlsbad, California, a Municipal Corporation of the State of California (hereinafter "City") and Lennar Homes of California, Inc., a California corporation (hereinafter "Lennar"), collectively referred to as "Parties". RECITALS A. Lennar 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/GP A 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. City is the sole owner of land that will satisfy a portion of the off-site habitat mitigation requirement of the Project. The off-site mitigation land is located in a portion of Aviara Park, Carlsbad, County of San Diego, State of California, 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 5.6 acres. C. This Restrictive Covenant provides mitigation for certain impacts of the Project, pursuant to requirements of Condition Nos. 17 and 19(c) of City of Carlsbad Planning Commission Resolution No. 7226, dated February 1, 2017. This Restrictive Covenant is intended and shall be deemed to satisfy such requirement for a portion of the off-site habitat mitigation as to the Restricted Property. The amount of Southern Maritime Chaparral (SMC) habitat to be preserved and substantially restored within the Restricted Property is 5.6 acres, consisting of 2.0 acres of restoration of SMC and 3 .6 acres of SMC preservation. March 26, 2019 Item #5 Page 5 of 212 Assessor's Parcel Number: 215-841-13-00 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 D. The Restricted Property possesses wildlife and habitat values of great importance to the People of the State of California and will be substantially restored to 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"). E. The Parties desire to preserve and protect the Restricted Property pursuant to the Addendum to the Preserve Management Plan for the A viara Park Preserve, Carlsbad, California prepared by Dudek, dated June 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". F. 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 661-666c and other applicable federal laws. G. 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." H. The 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, City hereby declares that 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 the Parties' heirs, successors 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"). The Parties intend that, by the City recording this Restrictive Covenant against the Restricted Property and Lennar agreeing to undertake certain activities as set forth below, 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 March 26, 2019 Item #5 Page 6 of 212 Assessor's Parcel Number: 215-841-13-00 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 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) City certifies to Lennar, CDFW, and USFWS that, to City's actual knowledge, there are no structures or other man-made improvements existing on the Restricted Property. City further certifies to Lennar, CDFW, and USFWS, that, to City'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. City has delivered further evidence of the Natural Condition to 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. 2. The Parties' Duties. (a) To accomplish the Purpose of this Restrictive Covenant as described in Section 1 above, Lennar 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 City shall be obligated to perform all construction, maintenance and monitoring activities necessary to maintain the Restricted March 26, 2019 Item #5 Page 7 of 212 Assessor's Parcel Number: 215-841-13-00 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 Property in the condition required by the Management Plan. Subject to the foregoing, and all other applicable terms and conditions of this Restrictive Covenant: ( 1) The Parties shall 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) The Parties shall post and maintain signage in or adjacent to the boundary areas of the Restricted Property as described in Section 4(t); (3) The Parties shall comply with the terms of this Restrictive Covenant and cooperate with City, CDFW, and USFWS in the protection of the Conservation Values; ( 4) The Parties shall repair and restore damage to the Restricted Property directly or indirectly caused by the Parties or their guests, representatives, agents, or third parties; provided, however, the Parties, their 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) Lennar shall 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) The Parties shall 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) The Parties shall perform in-perpetuity Long-Term Maintenance, Management, and Monitoring set forth in the Section 6 below; and (8) The Parties shall perform an annual compliance inspection of the Restricted Property, prepare an inspection report, and shall make reports available to CDFW and USFWS upon request. (b) Except as required by the Management Plan, the Parties, their successors, and assigns shall not be obligated to maintain or repair any injury to or change in the Restricted Property resulting from: (1) Any natural cause beyond the Parties' control, including without limitation, fire, flood, storm, earth movement, drought, or infestation; or March 26, 2019 Item #5 Page 8 of 212 Assessor's Parcel Number: 215-841-13-00 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 (2) Any prudent action taken by the Parties 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 the Parties, and their 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 this Restrictive Covenant is executed ( as set forth in Exhibit "D" hereto): (a) Supplemental watering except for habitat enhancement activities described m Section 4(r); (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(v); ( d) Use of off-road vehicles and use of any other motorized vehicles except on existing roadways 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; (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 16 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(t); (i) Depositing, dumping or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material; (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; March 26, 2019 Item #5 Page 9 of 212 Assessor's Parcel Number: 215-841-13-00 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 (l) 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, and flood control work; (n) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as necessary for ( 1) emergency fire protection as required by fire safety officials as set forth in Section 4(v), (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 12; ( 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. The Parties' Reserved Rights. The Parties reserve to themselves, and to their personal representatives, heirs, successors, and assigns, all rights accruing from their respective duties under Section 2, 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: ( q) Access. Police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (r) Habitat Enhancement Activities. Enhancement and monitoring of native plant communities, 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 Parties 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. (s) 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 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. March 26, 2019 Item #5 Page 10 of 212 Assessor's Parcel Number: 215-841-13-00 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 (t) 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 Parties 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. (u) 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 the Parties or any of their successors and assigns from developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that 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. (v) 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. 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(t), the Parties 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 locations designated in easements and reservations ofrights recorded in the chain of title to the Restricted Property. 6. Long-Term Maintenance, Management, and Monitoring. In addition to the other terms contained herein, the Parties 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 Lennar 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 City shall be obligated to perform or cause to be performed all construction, maintenance and monitoring activities necessary to maintain the Restricted Property in the condition required by the Management Plan. 7. Endowment Lennar previously established an endowment fund to be held in trust, which was funded on July 23, 2018, in accordance with the approved Management Plan, which shall be invested and March 26, 2019 Item #5 Page 11 of 212 Assessor's Parcel Number: 215-841-13-00 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 6 I 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 third party beneficiaries 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 City'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. (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) Lennar may use The San Diego Foundation, in accordance with California law, to be the endowment holder. 8. CDFW and USFWS Rights. To accomplish the Purpose of this Restrictive Covenant, the Parties hereby grant and convey the following rights to CDFW and USFWS (but without obligation of 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 the Parties' compliance with and to otherwise enforce the terms of this Restrictive Covenant; and March 26, 2019 Item #5 Page 12 of 212 Assessor's Parcel Number: 215-841-13-00 Project Number: EIR I 5-03/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 ( 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. The Parties, their successors and assigns, grant to City, CDFW, USFWS, Department of Justice, and the State Attorney General ("City and/or Agency"), 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 of title. The rights under this Section are in addition to, and do not limit rights conferred in Section 8 above, the rights of enforcement against the Parties, their successors or assigns under any related permit covered by the various documents or referred to therein. The Parties will upon receipt from City and/or Agency of a written notice to the Parties ("Notice of Violation") informing the Parties of a violation and demanding cure of such violation, investigate the claim of violation and commence action to cure the violation within 15 days ofreceipt of said Notice of Violation from City and/or Agency. If said cure reasonably requires more than fifteen (15) days, the Parties 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. The Parties shall complete such cure in accordance with the approved plan. If the Parties dispute the Notice of Violation, the following provisions will apply: (1) Notice of Dispute. The Parties 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 the Parties provide City and/or Agency with a Notice of Dispute, as provided herein, City and/or Agency shall meet and confer with the Parties 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 the Parties 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 the Parties' Notice of Dispute, conferring with the Parties, 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 the Parties notice of such determination in writing. Upon receipt of such determination, the Parties shall have fifteen ( 15) days to cure the violation. If said cure reasonably requires more than fifteen ( 15) days, March 26, 2019 Item #5 Page 13 of 212 Assessor's Parcel Number: 215-841-13-00 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 the Parties 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 the Parties including, but not limited to, costs of suit and any costs ofrestoration necessitated by the Parties' violation or negligence under the terms of this Restrictive Covenant shall be borne by the Parties, 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 the Parties 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 the Parties 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 the Parties, 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 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. The Parties agree that 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 the Parties, the public or any third parties from risks relating to conditions on the Restricted Property. The Parties, or their successor or assign (at such times as applicable pursuant to Section 6 above), remain 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. No Hazardous Materials Liability. (w) The Parties represent and warrant that they have no knowledge of any release or threatened release of Hazardous Materials ( defined below) in, on, under, about or affecting the Restricted Property. March 26, 2019 Item #5 Page 14 of 212 Assessor"s Parcel Number: 215-841-13-00 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 (x) 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 CDFW and USFWS any of the following: (1) 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 ( 4) The right to investigate and remediate any Hazardous Materials associated with the Restricted Property; or ( 5) Any control over the Parties' ability to investigate, remove, remediate, or otherwise clean up any Hazardous Materials associated with the Restricted Property. (y) 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 5101 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. (z) 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. The Parties represent, warrant and covenant to CDFW and USFWS that activities upon and use of the Restricted Property by Lennar, City, their agents, employees, invitees and contractors will comply with all Environmental Laws. 12. Additional Easements. City 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 CDFW and USFWS. 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 March 26, 2019 Item #5 Page 15 of 212 Assessor's Parcel Number: 215-841-13-00 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 leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and complies with Section 16 below. City, its successors, and assigns shall record any additional easements or other interests in the Restricted Property approved by the CDFW and USFWS in the official records of San Diego County, California and provide a copy of the recorded document to the CDFW and USFWS. 13. Hold Harmless. Lennar 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, "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 Lennar be obligated to indemnify any City Indemnified Party) (i) to the extent any such Claim is attributable to the negligence or misconduct of any City Indemnified Parties or (ii) with respect to any Claim arising after the date upon which the City issues that certain "Final Approval" (as defined in the Management Plan). If any action or proceeding is brought against any of City's Indemnified Parties by reason of any such Claim, Lennar shall, at the election of and upon written notice from any of the City Indemnified Parties defend such action or proceeding with City's counsel reasonably approved by the City 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, Lennar's agreement to indemnify the City's Indemnified Parties pursuant to this Section 13 is not intended to and shall not relieve any insurance carrier of its obligations applicable to the Claims. 14. Amendment. The Parties 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. The Parties 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. 15. Recordation. Lennar, 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. March 26, 2019 Item #5 Page 16 of 212 Assessor's Parcel Number: 215-841-13-00 Project Number: EIR I 5-03/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 16. Assignment and Subsequent Transfers. (aa) City agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which City divests itself of any interest in all or a portion of the Restricted Property. City, 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. Lennar, its successor, or assign agrees to give written notice to CDFW and USFWS of the intent to transfer any interest at least thirty (30) days prior to the date of such transfer. 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 City, 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. (bb) From and after the date of any transfer of all or any portion of the Restricted Property by City and each transfer thereafter, (1) the transferee shall be deemed to have assumed all of the obligations of the Parties 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 23, and ( 4) all references to the Parties in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 17. 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 Lennar: To: Lennar Homes of California 25 Enterprise, Suite 400 Aliso Viejo, California 92656 Telephone: (949) 349-8235 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 March 26, 2019 Item #5 Page 17 of 212 Assessor's Parcel Number: 215-841-13-00 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 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. 18. Controlling Law. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive Covenant. 19. 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. 20. 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. 21. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Lennar's title in any respect. 22. 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. 23. 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. 24. 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. March 26, 2019 Item #5 Page 18 of 212 Assessor's Parcel Number: 215-841-13-00 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 25. City, CDFW, and USFWS as Benefited Parties Except for Section 22, 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. March 26, 2019 Item #5 Page 19 of 212 Assessor's Parcel Number: 215-841-13-00 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 the Parties have executed this Restrictive Covenant the day and year first above written. "Lennar" LENNAR HOMES OF CALIFORNIA, a California corporation By: -----=~'--"'~--"----'f-~----"'--"'+-"'------- Name: ___ _,__AN-=.i~ll"Tllt. .___.__,,__ 1~.,.,'---'---'-:_._..e;=y _____ _ Title: ---~~-I c.£~---'---A.....,rz=~~~~\"'C~t:N"--"T ___ _ Date: \ · 14 ,l9 By:~ Name: b)OII\\I\°'-(Y~..\-"'; CA.. SJ! If\ Title: l.Ace.. f''<" es.· dc-V\. + Date: l /,s /19f "City" , ALIFORNIA, a Municipal Corporation of the State of California By: ---#-lf--H~--\,L-L-----\;;.,f--------- N am e: Mi44 /-/,4-l (., Title: fUAYot Date: 3 ~ 2 7 · {~ CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A. BREWER, City Attorney March 26, 2019 Item #5 Page 20 of 212 ACKNOWLEDGMENT 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 validitv of that document. State of California County of ORANGE before me, ALBERTA L. SEAGER, NOTARY PUBLIC (insert name and title of the officer) personally appeared __ __,__,_.......,_,l--4-"___.___..,;,,c...--'-..;_o,"------1f--------------------,,...,,.,...,,----- who proved to me on the basis of satisfactory evidence to be the perso whose nam i tare-- subscribed to the within instrument and acknowledged to me that shem:18V--executed the same in ~uthorized capacity~), and that by~ signatureM on the instrument the personj,85, 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. (Seal) ALBERT A L. SEAGER COMM. #2158950 z Notary Public • California ~ Orange County - Comm. Ex ires Ju 2, 2020 March 26, 2019 Item #5 Page 21 of 212 ACKNOWLEDGMENT 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. accuracv. or validitv of that document. State of California County of ORANGE (~ 'J,/Jtq before me, ALBERTA L. SEAGER, NOTARY PUBLIC (insert name and title of the officer) personally appeared __ -"d:, ........... ~-L--'----''--1---'--' ................ Jt:xN--'-.----"--"-------,,,--------r-:.,,.,,..--- who proved to me on the basis of satisfactory evidence to be the per§_gQ¥S) whose name( 1s .afe- subscribed to the within instrument and acknowledged to me that ~xecuted the same in ~fletf authorized capacity~ and that by ~heir signature($n the instrument the person4st, or the entity upon behalf of which the perso~cted, 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. (Seal) ALBERT A L. SEAGER COMM. #2158950 z Notary Public • California ~ Orange County - Comm. Ex ires Ju 2, 2020 March 26, 2019 Item #5 Page 22 of 212 ACKNOWLEDGMENT 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 County of San Diego on 1J/)11f.J.h JI'} "J_u/9 before me, Tamara R. McMinn, Notary Public ) (insert name and title of the officer) personally appeared _U}__,;__,___._"'Q,........::.±f:-=...,'---_._H .......... """Jf-=-___,'----------------- 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. ---------------- March 26, 2019 Item #5 Page 23 of 212 EXHIBIT A Legal Description of Restricted Property March 26, 2019 Item #5 Page 24 of 212 EXHIBIT "A" LEGAL DESCRIPTION January 11, 2019 J.N. 141018 PAGE 1 OF 4 OFF-SITE MITIGATION -AVIARA COMMUNl~Y PARK CT 14-10 A PORTION OF SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' BEGINNING AT THE WESTERN MOST CORNER OF LOT 5 OF MAP 13434, RECORDED JUNE 23, 1997 AS FILE NO. 97-292740 OF OFFICIAL RECORDS; THENCE SOUTH 52°45'54" EAST 129.35 FEET ALONG THE SOUTHWEST BOUNDARY OF LOT 5, MAP 13434; THENCE LEAVING SAID LINE, SOUTH 74°34'42" WEST 8.93 FEET; THENCE SOUTH 33° 41'25" WEST 19.53 FEET; THENCE SOUTH 24°16'28" WEST 50.51 FEET; THENCE SOUTH 18°26'03" WEST 19.98 FEET; THENCE SOUTH 0°00'00" EAST 15.35 FEET; THENCE SOUTH 18°16'37" WEST 19.07 FEET; THENCE SOUTH 10°07'00" WEST 43.05 FEET TO A POINT ON A NON-TANGENT 109.50 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, THE RADIAL TO SAID POINT BEARS SOUTH 61°39'09" EAST; THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44°01'00" A DISTANCE OF 84.12 FEET; THENCE, NON- TANGENT TO SAID CURVE, SOUTH 8 7 ° 52' 4 3" WEST 2 4 . 3 9 FEET; THENCE NORTH 90°00'00'' WEST 26.18 FEET; THENCE NORTH 26°33'53" WEST 26.24 FEET; THENCE NORTH 62°55'40" WEST 45.62 FEET; THENCE NORTH 88°21'50" WEST 31.61 FEET; THENCE NORTH 84°25'41" WEST 13.24 FEET; THENCE NORTH 4°05'10" WEST 17.64 FEET; THENCE NORTH 35°35'00" WEST 14.88 FEET; THENCE NORTH 32°11'45" WEST 32.74 FEET; THENCE NORTH 28°42'52" WEST 33.30 FEET; THENCE NORTH 21°12'44" WEST 12.02 FEET; THENCE NORTH 52°57'52" WEST 23.91 FEET; TO A POINT ON A NON- TANGENT 100.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, THE RADIAL TO SAID POINT BEARS NORTH 17°41'17" EAST; THENCE WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°21'33" A DISTANCE OF 65.20 FEET TO A POINT ON A TANGENT 35.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 69°52'38" A DISTANCE OF 42.69 FEET; TO A POINT ON A NON-TANGENT 80.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, THE RADIAL TO SAID POINT BEARS SOUTH 60°30'37" WEST; THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°57'37" A DISTANCE OF 47.42 FEET; THENCE SOUTH 70°57'33" EAST 25.94 FEET; THENCE SOUTH 66°32'32'' EAST 19.47 FEET TO A POINT ON A NON-TANGENT 100.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, THE RADIAL TO SAID POINT BEARS SOUTH 3°01'52" EAST; THENCE WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF G:\ 141018\Plats\Miligation\ 141 BA•Legal-OffsiteMi/igation-AviaraPark. doc March 26, 2019 Item #5 Page 25 of 212 January 11, 2019 J.N. 141018 PAGE 2 OF 4 19°37'27" A DISTANCE OF 34.25 FEET TO A POINT ON A 101.59 FOOT RADIUS TANGENT CURVE CONCAVE TO THE SOUTH; THENCE WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°08'40" A DISTANCE OF 80.04 FEET TO A POINT ON A 100.00 FOOT RADIUS TANGENT CURVE CONCAVE TO THE SOUTH; THENCE WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°31'06" A DISTANCE OF 37.56 FEET; THENCE SOUTH 82° 58' 00" WEST 59.94 FEET TO A POINT ON A NON- TANGENT 400.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, THE RADIAL TO SAID POINT BEARS SOUTH 24°54'40" EAST; THENCE WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°08'28" A DISTANCE OF 91.74 FEET TO A POINT ON A TANGENT 125.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°08'20" A DISTANCE OF 59.21 FEET; THENCE SOUTH 79°05'11" WEST 42.39 FEET TO A POINT ON A TANGENT 88.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 99°24'31" A DISTANCE OF 152.68 FEET; THENCE SOUTH 32°07'49" WEST 14.29 FEET; TO A POINT ON A NON-TANGENT 15.33 FOOT RADIUS CURVE CONCAVE TO THE NORTH, THE RADIAL TO SAID POINT BEARS NORTH 85°29'30" EAST; THENCE WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 95°18'40" A DISTANCE OF 25.50 FEET; TO A POINT ON A TANGENT 80.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, THENCE WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°34'25" A DISTANCE OF 95.75 FEET; THENCE NORTH 20°37'26" WEST 30.02 FEET; THENCE NORTH 17° 44' 40" WEST 45.57 FEET; THENCE NORTH 10°00'23" WEST 19.77 FEET TO A POINT ON A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°31'42" A DISTANCE OF 144.04 FEET; THENCE SOUTH 51°23'20" WEST 79.99 FEET; THENCE SOUTH 45°56'20" WEST 56.17 FEET; THENCE SOUTH 47°40'32" WEST 32.88 FEET; THENCE SOUTH 26°33'52" WEST 17.47 FEET; THENCE SOUTH 26°15'01" EAST 70.66 FEET; THENCE SOUTH 13°27'33" EAST 71.51 FEET; THENCE SOUTH 10°53'20" EAST 40.56 FEET; THENCE SOUTH 4°47'39" WEST 67.51 FEET; THENCE SOUTH 10°20'20" WEST 65.30 FEET TO A POINT ON A NON- TANGENT 300.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, THE RADIAL TO SAID POINT BEARS SOUTH 79°57'00" WEST; THENCE SOUTH ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°59'34" A DISTANCE OF 78.50 FEET TO A POINT ON A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE TO THE WEST, THENCE SOUTH ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71°05'25" A DISTANCE OF 186.11 FEET; TO A POINT ON A NON-TANGENT 124.98 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THE RADIAL TO SAID POINT BEARS NORTH 43°57'02" WEST; THENCE SOUTH ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°29'58" A DISTANCE OF 33.81 FEET; THENCE SOUTH 9°02'24" EAST 15.82 FEET; THENCE SOUTH 89°18'06" WEST 36.01 FEET TO A POINT ON G:\ 141018\P/ats\Mitigation\ 1418A-Legal-OffsiteMitigation-AviaraPark.doc March 26, 2019 Item #5 Page 26 of 212 January 11, 2019 J.N. 141018 PAGE 3 OF 4 THE SOUTHEAST CORNER OF LOT 7 OF SAID MAP 13434; THENCE ALONG THE EAST LINE OF SAID LOT 7, NORTH 19°52'40" EAST 92.87 FEET; THENCE NORTH 45°10'21" WEST 54.44 FEET; THENCE NORTH 13°28'04"EAST 60.92 FEET; THENCE NORTH 0°22'40" WEST 320.06 FEET; THENCE NORTH 12°18'08" WEST 92.73 FEET; THENCE NORTH 50°59'09" EAST 201.72 FEET; THENCE NORTH 14°03'08" WEST 251.49 FEET TO THE NORTHEAST CORNER OF SAID LOT 7; THENCE ALONG THE NORTH LINE OF SAID MAP 13434, SOUTH 89°28'38"EAST 322.56 FEET TO THE NORTHWEST CORNER OF LOT 6 OF SAID MAP 13434; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 6, SOOTH 0°43'00"EAST 121.67 FEET; THENCE SOUTH 49°41'33" WEST 50.16 FEET; THENCE SOOTH 10°13'08" WEST 45.76 FEET; THENCE SOUTH 34°30'47" EAST 34.62 FEET; THENCE SOUTH 62°22'17" EAST 25.68 FEET; THENCE SOUTH 19°35'24" WEST 109.22 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE SOUTHEAST LINE OF SAID LOT 6, NORTH 75°32'32"EAST 110.78 FEET; THENCE NORTH 35°50'54" EAST 100.96 FEET; THENCE SOOTH 82°53'54" EAST 31.50 FEET; THENCE NORTH 56°01'44"EAST 225.45 FEET; THENCE NORTH 43°54'35" EAST 93.91 FEET; THENCE NORTH 73°18'15" EAST 133.35 FEET TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE EASTERLY ALONG THE NORTH LINE OF SAID MAP 13434, SOOTH 89°28'38" EAST 136.29 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED PARCEL CONTAINS 5.35 ACRES G:\ 141018\Plats\Mitigation\ 1418A-Legal-OffsiteMitigation-AviaraPark. doc March 26, 2019 Item #5 Page 27 of 212 PARCEL 'B' January 11, 2019 J.N. 141018 PAGE 4 OF 4 BEGINNING AT THE SOUTHEAST CORNER OF LOT 5 OF MAP 13434 RECORDED JUNE 23, 1997 AS FILE NO. 97-292740 OF OFFICIAL RECORDS; THENCE SOUTH ALONG THE EAST LINE OF SAID MAP 13434, SOUTH 0°33'17" WEST 95.16 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 73°44'24" WEST 8.92 FEET; THENCE SOUTH 50°42'42" WEST 12.83 FEET; THENCE SOUTH 19°26'22" WEST 16.28 FEET; THENCE SOUTH 38°17'37'' WEST 21.85 FEET; THENCE SOUTH 85°36'04" WEST 8.51 FEET; THENCE NORTH 39°33'35" WEST 27.78 FEET; THENCE NORTH 21°15'00" WEST 34.87 FEET; THENCE NORTH 8°07'49" WEST 31.92 FEET; THENCE NORTH 1°35'29" WEST 32.51 FEET; THENCE NORTH 4°23'56" EAST 35.31 FEET; THENCE NORTH 14°55'52" EAST 28.03 FEET; THENCE NORTH 21°26'21" EAST 11.47 FEET TO A POINT ON THE SOUTHWEST LINE OF SAID LOT 5; THENCE SOUTHEAST ALONG SAID LINE, SOUTH 52°45'54" EAST 86.02 FEET; TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED PARCEL CONTAINS 0.26 ACRES ('' ' ~) , ,':1'° ,' /.( (~-, G:\ 141018\Plats\Afitigation\ 1418A-Legal-OffsiteMitigation-AvlaraPark.doc March 26, 2019 Item #5 Page 28 of 212 EXHIBIT B Boundary Exhibit March 26, 2019 Item #5 Page 29 of 212 t "' I i "' I "8 ii -c 8 I V, 1?S v .£ i ] I ., g "' I l Ti u I ~ EXHIBIT 'B' LEGAL DESCRIPllON A PORTION OF lli£ SOUlliWEST QUARTER OF S£CT1ON 22, TOWNSHIP 12 SOUTH, RANCE 4 WEST IN lli£ CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORD/NC TO lli£ OFRC/AL PLAT lli£R£0F. LEGEND PARK BOUNDARY ................ ------- EXISTINGlOTl/NE ............... -··-··-··- MIT1~17°%c ~~~~.. . . . . . . . . . . . . . . . ~ CITY OF OCEANSIDE VICINITY MAP NOT TO SCALE March 26, 2019 Item #5 Page 30 of 212 EXHIBIT 18 1 PARK BOUNDARY ·---7-~~---- PARCEL jt'. 5.35 AC j ) LOT 7__.-V ~ MAP Na I 1.Jm I PARK BOUNDARY AV/ARA COMMUNITY PARK -------POINSEmA LANE ~--~~ I"' ~ ~ ·s;...: <O bbL_-=:=::::::::.._ __ _____, '\--~ <=< :i b I a. ~~ -...,,........,,.......,..,.-=-"""-,---,,=----:-,1~-=--~ :i ~d. .:;~ 2710 Loker Ave. West, Suite 100 o· 300' SCALE: 1" = 300' LOT 5 P.O. MAP Na --p-a ,.1m ~~~,------··-··- ...,.;---r PAHK BOUNDARY ' PARCEL '8' 0.26 AC I PAHK__,/ij BNOY. __ _L __ _ I I I I I I .. pa. BLUEBIRD LANE I i'v· I 9-'t- 1cf,; ~ ~ Carlsbad, California 92010 =f;. 1so-931-noo OFFSITE MITIGATION ~! OOa~onsultants.cam AVIARA COMMUNITY PARK DATE: JANUARY 11, 2019 ~11---A_P_P_L_IC_A_N_T __ ..--_._ _____ E_X_H_I_B_IT-,B-.------+-SH-E-ET_2_0_F_6_S_HE-E-TS---t 5 !l .l:~ LENNAR HOUES. j _/ .Y~I //,://;1/19 PR 2018-__ ~§' 25 ENTERPRISE, STE. JOO filp1GE~$,nA(d_Y -, =-: ~ ALISO ~EiXJ, CA., 92656 IXVfl' {l)t,, A.P.N. __ _ i;/ k~--------~ .... CE ........ J .... ~0_14_....,EXP._. __ 12 .... J .... 1 .... ~ __ o ________________ _ March 26, 2019 Item #5 Page 31 of 212 P.aa. PARK BOiJNOAHY \ LOT 5 y EXHIBIT 'B' I . MAP Na ., I 13434 ., SE£ PAGE 6 (PARCEL '8') •y~ ·~ l .,_ir- PARcEL J1~1,g) 5.35 AC ~v ~7~ o· 100· PARCEL J1' DATA @ DELTA BEARING RADIUS LENGTH 1 S 52'45'54" £ 2 s 74'J4'4r w 3 S 33'41 '25" W 4 S 2416'28" W 5 S 18'26'o3" W 6 S 00V0'o0" [ 7 S 1816'37" W 8 S 10V7'00" W 9 L1 = 44V1'o1" 109.50' 10 S 87'52'43" W II N 90rJO'o0" W 12 N 26'33'53" W 13 N 62'55'40" W 14 N 88'21'50" W 15 N 84"25'41" W 16 N 04V5'10" W 17 N 35'J5'o0" W 18 N 3211'45" W 19 N 28'42'52" W 20 N 2172'44" W 21 N 52'57'52" W 22 L1 = 37"21'33'' 10aoo· 23 L1 = 69'52'38" 35.00' 24 L1 = 33'57'37" 8aoo· 25 S 70'57'.33" £ 26 S 66'32'.32" E 27 L1 = 19'37'27" 1oaoo' 28 L1 = 45V8'40" 101.59' 29 L1 = 21'31'06" 1oaoo' 30 S 82'58'o0" W 31 L1 = 13V8'28" 4oaoo' 73 N 56V1'44" [ 74 N 43'54'.35" E 75 N 73'18'!5" E 76 S 89'28'.38" E March 26, 2019 Item #5 Page 32 of 212 PARK BOlJNOARY EXHIBIT 'B' ~ 0 °" I ! °" I 1l ii 8 I 1/l t5 ;; ,5 i ] J, 'C g °" I 'C 0 ti 'ii u I 1/l 5 ;,; ~ 'r K ]i!i ~N <f5 !QN I.!)..: .,:..·-- iii~ I"' ~ JI 0 'C ·s...: <O LOT 7 MAPNQ 13434 PARCEL :-4 1 5.35 AC SEE PAGE 5 AV/ARA COMMUNITY PARK ~fL_-=::::::::::::::.._ ___ -a. 0 I'> r= < :i ~ I a. a. I o· 100' 1" = 100' SCALE: JE -----~---=--"' ::i ~d. c:;:; 2710 Loker Ave. West, Suite 100 LOT 6 MAPNQ 13434 PARCEL :-4 I DATA @ DELTA BEARING RADIUS LENGTH J2 J = 27V8'20" 125.00' 59.21' JJ S 79V5'11" W 42.39' J4 J = 99'24'.J!" 88.00' 152.68' J5 S J2V7'49" W 14.29' J6 J = 9578'40" 15.JJ' 25.50' Jl J = 68'34'25" 80.00 1 95.75' J8 N 20'31'26" W J0.02' Jg N 11'44'40" W 45.57' 40 N 10V0'2J" W 19.17' 41 J = 82'Jf'42" 100.00' 144.041 62 N 14VJ'o8" W 251.49' 6J S 89'28'.38" £ 322.56' 64 S 00'43'o0" E 121.67' 65 S 49'41'.JJ" W 50.16' 66 S 1073'08" W 45.76' 61 S 34'30'47" E 34.62' 68 S 62'22'17" E 25.68' 69 S 19'35'24" W 109.22' 70 N 75'32'.32" £ 110.78' 71 N 35'50'54" £ 100.96' 72 S 82'5J'54" £ 31.50' ~ ! Carlsbad, California 92010 , ,,.,. 760-931-7700 OFFSITE MITIGATION ~-~ ODo}(:onsultonts.com AVIARA COMMUNITY PARK DATE: JANUARY 11, 2019 !].,.___ ______ ____,._.....__ _____ ___,;.____,;.__.;.. ______ ---l.------....;._----1 133' APPLICANT EXHIBIT '8' SHEET 4 OF 6 SHEETS 5 !l H~ LENNAR HOUES..u_V/.. I~!/ 17 1/11/lc; PR 2018-__ ~~ 25 ENTERPRISE, STE. JOO ~ "'--~L:. ~ :~ ALISO ~£Jo, CA., 92656 GEORGEhAY;f A.P.N. ____ _ ]~'----------..:.:~.::::CE:;..::J2:.;;ri.:..:11•4:...-=EXP..::..·::...:.::12~'J:.:.1'-='2:.;;0...i.. _______ -i ..... ---------' March 26, 2019 Item #5 Page 33 of 212 ~ I ~ g Q:: I "'!! ii ~ I V) G ii i ii u I 1 Q:: I -,:, 0 ii ,: 0 u J, G EXHIBIT 'B' LOT 7 AIAPNQ 13434 PA.-jK 8()(JNOARY I o· 100· ~~iiiiiiiiiiiiiii SCALE: 1" = 1 oo· PARK 80(JNOARY I I LOT 7-......_I AIAPNQ ~ 13434 . I ~ ~ ~ ~ SEE PAGE 4 ~ AV/ARA COMMUNITY PARK PARCEL :4' DATA @ DEL TA BEARING RADIUS LENGTH 42 79.99' 43 56.17' 44 S 41'40'32" W 3288' 45 S 26'33'52" W 17. 47' 46 S 2675'o!" £ 70.66' 47 11.51' 48 S 10'53'20" £ 49 S 04'41'39" W 67.51' 50 S 10'20'20" W 65.30' 51 .d = 14'59'34" 300.00' 18.50' 52 .d = 71V5'25" 150.00' 186.11' 53 124.98' 33.81' 54 S 09V2'24" £ 15.82' 55 S 8978'o6" W 36.01' 56 N 19'52'40" £ 9287' 57 N 4570'21" W 54.44' 58 N 13'28'o4" £ 60.92' 59 N 00'22140 11 W 320.06' 60 N 1278'o8" W 9273' 61 N 50'59'o9" £ 201.72' March 26, 2019 Item #5 Page 34 of 212 ~-0 "' I .. -0 C & I -0 C il 8 J, 13 -~ i i u ~ g "' I -0 C il 8 I V) 13 EXHIBIT 'B' I ' SCALE: 1" = 1 oo· 1 LOT 5 ' , I I i MAP NQ 13.f.J.f. / PAHK 8()(JNOAHY SEE PAGE 3 (PARCEL f1; 14 PARCEL '8' 0.26 AC AV/ARA COMMUNITY PARK PARCEL '8' DATA @ DEL TA/BEARING RADIUS LENGTH I S 00'33'!7" W ---95. /6' 2 S 73'44'24" W ---8.92' 3 S 50'42'42" W ---12.83' 4 S 19'26'22" W ---16.28' 5 S 3817'37" W ---21.85' 6 S 85'36'o4" W ---8.51' 7 N 39'33'35" W ---21.18' 8 N 2175'o0" W ---34.87' 9 N 08V7'49" W ---31.92' 10 N 01'35'29" W ---32.5!' 11 N 04'23'56" £ ---35.3!' 12 N 14'55'52" £ ---28.03' 13 N 21'26'2!" E ---11.47' 14 S 52'45'54" £ ---86.02' March 26, 2019 Item #5 Page 35 of 212 EXHIBIT C Management Plan [attached hereto] March 26, 2019 Item #5 Page 36 of 212 ADDENDUM Preserve Management Plan for the Aviara Park Preserve Carlsbad, California EIR 15-03 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 JUNE 2018 March 26, 2019 Item #5 Page 37 of 212 Section Preserve Management Plan for the Aviara Park Preserve TABLE OF CONTENTS 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 1.2 Preserve Area History ............................................................................................. 2 1.3 Purpose of this Management Plan ........................................................................... 2 2 A VIARA PARK ................................................................................................................. 3 2.1 General Open Space Site Characteristics ................................................................ 3 2.2 Land Use ................................................................................................................. 3 2.3 Soil Characteristics ................................................................................................. 3 2.4 Fire History ............................................................................................................. 3 2.5 Ownership and Preserve Management.. .................................................................. 3 2.6 Restrictive Covenant Compliance ........................................................................... 4 3 HABITAT AND SPECIES DESCRIPTION ................................................................... 7 3.1 Vegetation Communities ........................................................................................ 7 3 .1.1 Southern Maritime Chaparral ..................................................................... 8 3.1.2 Southern Willow Scrub ............................................................................... 8 3 .1.3 Disturbed Habitat ........................................................................................ 9 3.2 Special-status Plant Species .................................................................................... 9 3.3 Special-status Wildlife Species ............................................................................... 9 3.4 Threats ..................................................................................................................... 9 4 MANAGEMENT AND MONITORING GOALS AND ASMDS ............................... 11 4.1 Biological Monitoring and Management .............................................................. 11 4.1.1 Long-Term Habitat Management and Monitoring ................................... 11 4.1.2 Long-Term Special Status Species Management and Monitoring ........... 17 4.2 Public Outreach and Coordination ........................................................................ 19 4.2.1 Public Education to Promote Preserve Objectives .................................... 19 4.3 Fire Management .................................................................................................. 20 4.3 .1 Fire Management Goals ............................................................................ 20 4.4 Constraints ............................................................................................................ 22 4.5 Potential Impacts ................................................................................................... 22 4.6 Preserve Management Task Summary .................................................................. 22 5 ADAPTIVE MANAGEMENT ....................................................................................... 25 DUDEK 8058 June 2018 March 26, 2019 Item #5 Page 38 of 212 Section Preserve Management Plan for the Aviara Park Preserve TABLE OF CONTENTS (CONTINUED) Page No. 6 ADMINISTRATION AND REPORTING .................................................................... 27 6.1 Annual Reports, Work Plans, and PMP ................................................................ 27 6.1.1 Data Management ..................................................................................... 28 6.1.2 Communication and Coordination ............................................................ 28 6.1.3 Budget and Endowment Management ...................................................... 28 7 LITERATURE CITED ................................................................................................... 29 APPENDICES A Cumulative List of Vascular Plant Species Observed -Aviara Restoration Areas/Preserve B Cumulative List of Wildlife Species Observed -A viara Restoration Areas/Preserve C Property Analysis Record (PAR) for the A viara Park Preserve FIGURES Regional Map ..................................................................................................................... 31 2 Vicinity and HMP Existing Conditions Map ..................................................................... 33 3 HMP Planning Area and Proposed Preserve ..................................................................... 35 4 Restoration On-Site Map -A viara Park Preserve ............................................................. 3 7 TABLES Vegetation Communities and Land Cover Types within the A viara Park Preserve ....................................................................................................................... 7 2 Common Weed and Invasive/Exotic Species to be Controlled within the A viara Park Preserve .......................................................................................................... 16 3 Preserve Management Task Summary ............................................................................... 22 DUDEK 8058 June 2018 March 26, 2019 Item #5 Page 39 of 212 Preserve Management Plan for the Aviara Park Preserve 1 INTRODUCTION 1.1 Purpose for Inclusion of the Preserve Area in the Habitat Management Plan The proposed A viara Park off-site open space area associated with the Poinsettia 61 Project (Project) mitigation currently supports 2.0 acres of highly disturbed SMC, slated to be restored to healthy SMC habitat, and approximately 3.6 acres of undisturbed SMC habitat, for a total of 5.61 acres of native open space to be managed under the guidance of this Preserve Management Plan (PMP) and included in the Carlsbad Habitat Management Plan (HMP; City of Carlsbad 2004) preserve system. This PMP will serve as an addendum to the City of Carlsbad Preserves 2017- 2021 Preserve Management Plan (CNLM and Tierra Data 2016) and has been prepared to guide the long-term management of the preserved, City-owned, A viara Park open space areas (Figures l and 2), which is adjacent to existing HMP Preserve land. 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, the A viara Park preserve area falls 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 FP As were further broken down into HMP cores, linkages and Special Resource Areas. These areas were further refined into Existing Hardline, Proposed Hardline, and Standards Areas. 1.1.1 Core 6 Description The A viara Park preserve area associated with the Project is located within the Local Facilities Management Zone 19, in the northern portion of Core Area 6. The HMP describes the Core 6 Focused Planning Area (FPA) as follows: The Core 6 FP A, ( approximately 1, 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. DUDEI< 8058 June 2018 March 26, 2019 Item #5 Page 40 of 212 Preserve Management Plan for the Aviara Park Preserve Additional habitats include chaparral, open water, disturbed wetland, oak woodland, eucalyptus woodland, and riparian forest. A critical population of Del Mar manzanita and a major population of summer holly (Comarostaphylis diversifolia) are associated with the southern maritime chaparral in this Core. Core 6 has linkages to Core 4, Core 7, and Core 8 (Carlsbad 2004). Figure 3 provides an overview of the proposed A viara Park preserve area, adjacent HMP hardline conservation areas, and surrounding development. 1.2 Preserve Area History Aviara Park is owned by the City and is located adjacent to the City's Aviara Community Park. This preserve occurs less than one mile northwest of the Project site, along the north side of Poinsettia Lane, south of Palomar Airport Road, in the central portion of the City of Carlsbad. In May 2014, a majority the Aviara Park preserve area burned during the Poinsettia wildfire that covered approximately 362 acres within the City of Carlsbad. Site conditions were confirmed and re- evaluated in early January 2016 and once again in October 2017 by Dudek Habitat Restoration Specialists, the City, and the resource agencies. 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 2 8058 June 2018 March 26, 2019 Item #5 Page 41 of 212 Preserve Management Plan for the Aviara Park Preserve 2 AVIARA PARK 2.1 General Open Space Site Characteristics The Aviara Park preserve area is a 5.61-acre area that is directly adjacent to existing HMP preserve land. Aviara Community Park borders the preserve area along the southern boundary. The preserve area currently supports north-facing slopes and hillsides dominated by southern maritime chaparral, disturbed southern maritime chaparral, and a small area of southern willow scrub vegetation. Aviara Park is located in Facilities Management Zone 19, Core/Linkage Area 6, and the Loma Alta Creek watershed. 2.2 Land Use The dominant land use characterized at the A viara Park preserve area and adjacent HMP hardline is conserved open space. Land use to the south includes active recreational activity, including athletic fields and picnic facilities at A viara Park, dense residential development, and Poinsettia Lane--a main arterial road. 2.3 Soil Characteristics Soils found within A viara Park preserve include: Chesterton fine sandy loam, 2% to 5% slopes, and 5% to 9% slopes; Loamy alluvial land-Huerhuero complex, 9% to 50% slopes; Redding gravelly loam, 2% to 9% slopes (Bowman 1973). 2.4 Fire History In May 2014, portions of the Aviara Park preserve area burned during the Poinsettia wildfire (CAL FIRE 2014). These areas are in a state of recovery, with some stump sprouting of native perennial species, development of native annual disturbance followers (e.g., clustered tarweed [Deinandra fasciculata], and deer weed [Acmispon glaber]), and some annual non-native species encroachment. 2.5 Ownership and Preserve Management The A viara Park preserve area is owned by the City; the A viara Park preserve area will remain in City ownership throughout the long-term management of the site. The City is responsible for long- term management, which will be implemented through a contract with a qualified long-term manager. This contract is administered by the Parks and Recreation Department. Currently, the long- term manager for City-owned properties is the Center for Natural Lands Management (CNLM). DUDEK 3 8058 June 2018 March 26, 2019 Item #5 Page 42 of 212 Preserve Management Plan for the Aviara Park Preserve 2.6 Restrictive Covenant 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 January 2018, and will be recorded thereafter. The following are permitted uses: • Habitat enhancement and restoration activities; • Debris and exotic species removal; • Installation of signs and fences as needed; • Water quality basin maintenance access (if officially established by the City). 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. DUDEK 4 8058 June 2018 March 26, 2019 Item #5 Page 43 of 212 Preserve Management Plan for the Aviara Park Preserve 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 filing a form to document that the preserve is in compliance with the RC in addition to taking photographs at the specified photo monitoring points as described below in Section 4.1.1. DUDEK 5 8058 June 2018 March 26, 2019 Item #5 Page 44 of 212 DUDEK Preserve Management Plan for the Aviara Park Preserve INTENTIONALLY LEFT BLANK 6 8058 June 2018 March 26, 2019 Item #5 Page 45 of 212 Preserve Management Plan for the Aviara Park Preserve 3 HABITAT AND SPECIES DESCRIPTION Prior to restoration installation, the A viara Park preserve area currently supports southern maritime chaparral (with greater than 80% native cover) and disturbed southern maritime chaparral (with less than 20% native cover). A small portion of disturbed southern willow scrub vegetation is located downslope of the ornamental slopes along the backside of the baseball field (Figure 4). For further details on special status species, refer to section 3.2, 3.6, and 3. 7. Initial field surveys of Aviara Park were conducted by Dudek biologists in March 2016 and in September 2017. A restoration assessment was conducted in April 2016 by habitat restoration specialist Chris Oesch, and confirmed by habitat restoration specialist Jayme Timberlake in September 2017. A formal rare plant assessment was not conducted at the A viara Park preserve, due to the minimal restoration activities proposed (i.e., no earth moving) and therefore minimal potential for negative impacts to occur through the mitigation activities. 3.1 Vegetation Communities Vegetation communities and land cover types mapped within A viara Park include: southern maritime chaparral, disturbed southern maritime chaparral, disturbed southern willow scrub, and disturbed habitat. The A viara Park preserve area supports one special-status upland vegetation commumtles (including associated disturbed communities), one special-status wetland vegetation community, and one upland vegetation community/land cover type that is not considered special-status (Figure 4; Table 1). Below are brief descriptions of the vegetation communities in terms of typical composition, characteristics, and regional sensitivity/rarity. Table 1 Vegetation Communities and Land Cover Types within the Aviara Park Preserve Vegetation/Land Cover Type I Special-status Upland Vegetation Communities Southern Maritime Chaparral I Disturbed Southern Maritime Chaparral I Special-status Wetland Vegetation Communities Disturbed Southern Willow Scrub I Upland Vegetation Communities Disturbed Habitat I Total* I Note: Numbers may not sum to total due to rounding. DUDEK 7 Total* 2.08 3.28 0.15 0.09 5.61 8058 June 2018 March 26, 2019 Item #5 Page 46 of 212 Preserve Management Plan for the Aviara Park Preserve 3.1.1 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 (Quercus dumosa), 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. Southern maritime chaparral dominates the A viara Park preserve. The composition of the southern maritime chaparral differs slightly from those areas found on the Project site, with chamise, laurel sumac, Mojave yucca, and wart-stemmed ceanothus being the characteristic perennial species on the north-facing slopes. Fires that occurred in 2014 burnt a substantial portion of the Aviara Park preserve. Therefore, species that thrive post-fire currently have a high presence in the burned southern maritime chaparral areas; these post-fire species include clustered tarweed, deer weed, and California chicory (Rafinesquia califomica). Clustered tarweed is prevalent on site, sustaining a high percent cover; it is unclear if the highly successful establishment of this species is due to hydroseed spray that may have been applied during erosion/sediment control efforts post-fire, or is supplied by natural seedbank. 3.1.2 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 community occurs on loose, sandy, or fine gravelly alluvial soils near stream channels and is dependent on repeated flooding (Holland 1986). Disturbed southern willow scrub occurs in the eastern portion of the site and is proposed to be enhanced through the mitigation program (Figure 4). The disturbed southern willow scrub stands are dominated by arroyo willow (Salix lasiolepis), but also sustain several large pampas grass (Cortaderia ssp.) plants and tamarisk (Tamarix ssp.). Southern willow scrub is considered a special-status vegetation community due to npanan habitat having been greatly reduced in the region. DUDEK 8 8058 June 2018 March 26, 2019 Item #5 Page 47 of 212 Preserve Management Plan for the Aviara Park Preserve 3.1.3 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, and other man-made land covers. Within the A viara Park preserve, disturbed habitat occurs as an offshoot from a large dirt patch in the northwest portion of the site (Figure 4). The large dirt pad is slated for future City park improvements. The offshoot extending into the preserve area will undergo restoration (Dudek 2017). 3.2 Special-status Plant Species While rare plant focused surveys have not been completed at the A viara Park preserve, summer holly and Nuttall's scrub oak have been observed within the least disturbed portions of southern maritime chaparral present on site. Baseline surveys conducted at the initiation of this PMP by the Preserve Manager ( detailed in Section 4.1.1) will fully capture the presence of special status plant species. 3.3 Special-status Wildlife Species The federally threatened/HMP-covered coastal California gnatcatcher (Polioptila californica californica) was detected at the Aviara Park preserve during a site visit in 2017. Southern maritime chaparral habitats on site could potentially be used by the coastal California gnatcatcher for dispersal, foraging, and breeding. 3.4 Threats Non-native plant species pose a significant threat to the A viara Park preserve, especially after the 2014 Poinsettia Fire. While clustered tarweed, which is a native species, appears to be the dominant post-fire colonizer, disturbance of any kind increases the likelihood of non-native species encroachment. Specifically, non-native grasses, mustards, and various escaped ornamentals have already successfully established in burned portions after the Poinsettia Fire. As previously mentioned, the Aviara Park preserve area is located directly adjacent to the Aviara Community Park, which is a community sports complex that supports several baseball diamonds and grass fields. Though the preserve area is mostly cordoned off from public access by a tall wire fence, habitat present within the preserve is still vulnerable to "edge effects" including, but not limited to non-native plant species encroachment described above. Additional possible edge effects include trampling of vegetation, unauthorized dumping, exposure to urban pollutants (fertilizers, pesticides, herbicides, and other hazardous materials), harassment of wildlife, introduction of non-native animal species, increase or decrease in natural fire regime, soil DUDEK 9 8058 June 2018 March 26, 2019 Item #5 Page 48 of 212 Preserve Management Plan for the Aviara Park Preserve erosion, hydrologic changes ( e.g., surface and groundwater level and quality), and a variety of other potential impacts due to the adjacent public recreational space. The land manager will continue to work with the City of Carlsbad and any other relevant 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 contingency funds that have been established through the endowment. While the threat of soil erosion increases in burned areas, the establishment of native groundcover (primarily clustered tarweed) reduces the threat to the preserve. Soil erosion does, however, threaten the downslope, developed area, and therefore should be regularly monitored as part of the preserve habitat management, as detailed in Section 4.1.1 below. While the southern willow scrub community makes up only a small portion of the A viara Park preserve, the willow trees currently present and any native trees added during restoration have the potential to attract the 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 across coastal Southern California. If infected with the SHB-Fusarium complex, trees can go from appearing healthy to dead in 3--6 months. DUDEK 10 8058 June 2018 March 26, 2019 Item #5 Page 49 of 212 Preserve Management Plan for the Aviara Park Preserve 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 Open Space Management Plan (OSMP) (City of Carlsbad 2004), Section F(2) and F(3) of the Carlsbad HMP (Carlsbad 2004), the Guidelines for Preserve Management (TAIC 2009), and the Management and Monitoring Strategic Plan for Conserved Lands in Western San Diego County (SDMMP 2017). This addendum is also consistent with the City of Carlsbad Preserves, 2017-2021 Preserve Management Plan. Long-term preserve management will be the responsibility of the City of Carlsbad. ASMDs will be implemented by a qualified Preserve Manager contracted by the City, currently CNLM. The management and monitoring tasks prescribed for the preserve are detailed below. Upon issuance of the grading permit for the Poinsettia 61 Project, restoration at A viara Park Restoration Areas 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), and restoration of disturbed southern maritime chaparral, southern willow scrub, and disturbed habitat (Figure 4). The mitigation/restoration is discussed in detail in the Final Conceptual Restoration Plan for the Poinsettia Project (Dudek 2017), 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 detailed in this 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 1: Maintain post-mitigation restoration and open space areas, including approximately 5.45 acres of high-quality southern maritime chaparral and 0.15 acre of southern willow scrub habitat, to provide habitat for species in perpetuity. DUDEK 11 8058 June 2018 March 26, 2019 Item #5 Page 50 of 212 Preserve Management Plan for the Aviara Park Preserve Objective 1.1: Evaluate threats to native vegetation communities by monitoring changes over time. Use monitoring results to prioritize and implement a management strategy. Within the first year of management, general vegetation and wildlife surveys shall be conducted to establish baseline conditions. This task shall be accomplished within a scheduled monthly monitoring visit and shall be conducted by a qualified biologist. The preserve will be visually inspected for changes in non-native cover, pest infestations, habitat damage, 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, anthropogenic 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. 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 I-inch= 100-feet 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 six 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. • Four, 25-meter-long permanent point-intercept transects will be established in the preserve areas and mapped with a GPS. The location of the transects shall be determined randomly, but shall be distributed throughout each of the upland and riparian vegetation DUDEK 12 8058 June 2018 March 26, 2019 Item #5 Page 51 of 212 Preserve Management Plan for the Aviara Park Preserve communities present. In addition, all plant species present within 2.5-meter of the 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. • Four, 25-meter-long permanent point-intercept transects will be established in the preserve areas and mapped with a GPS. The location of the transects shall be determined randomly, but shall be distributed throughout each of the upland and riparian vegetation communities present. In addition, all plant species present within 2.5-meter of the 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. • For special-status plant species, the objective is to track presence in the preserve using a systematic survey that accounts for relative abundance and population boundaries (T AIC 2009). A presence/absence survey will be conducted, wherein the general condition of the habitat and the degree of disturbance, if any, will be observed and recorded. For special- status plant surveys, the timing of the survey is not critical because the potentially occurring species are perennial species and are observable year-round. Monitoring will be conducted every 5 years for special-status species, and shall be focused on determining the number, location, and overall health status of each species. • In southern willow scrub areas, surveys to assess individual trees, looking for signs of SHB and/or other pests shall be accomplished during annual biological surveys ( or as- needed which shall be evaluated during monthly site visits). Status of post-fire recovery will also be noted. These annual surveys will be conducted visually. ASMD 1.1.2: Post-Fire Monitoring Post-fire monitoring will be conducted annually for five years following any future 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 any special-status species occurrences if not already captured under the most recent special status plant survey. • Quantitatively monitor the post-fire conditions using 30-meter-long permanent transects. The location of the transects shall be determined randomly but shall be distributed DUDEI< 13 8058 June 2018 March 26, 2019 Item #5 Page 52 of 212 Preserve Management Plan for the Aviara Park Preserve 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. • 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. • 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. However, access to the preserve areas is easily accomplished since recreational land uses occur adjacent to the preserve and there is a maintained asphalt access path leading to a maintained water quality basin. Despite fencing throughout the boundaries of much of the preserve, there exists a continued potential for foot traffic through the preserve, which can cause impacts to native habitat from unauthorized trails, trash, and dumping. Unauthorized trails, trash, and dumping is a continued threat to any preserve. ASMD 1.2 • 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 identified by the land manager. 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 park maintenance crews. Small (14 inches by 20 inches) aluminum signs displaying pertinent restrictive information, such as "Habitat Conservation Area," "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 DUDEK 14 8058 June 2018 March 26, 2019 Item #5 Page 53 of 212 Preserve Management Plan for the Aviara Park Preserve 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. Any signs of human trespassing will be noted. 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. • 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 1.3: Detect new invasive species and new invasions early and control them before the plants have a chance to become established. Control invasive non-native plant species to provide for the continued health and persistence of native vegetation communities A majority of the Aviara Park 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 is recovering well, and weed cover is relatively minor. 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 of and methodology of invasive species control will be consistent with the San Diego Management and Monitoring Program (SDMMP) Invasive Plant Strategic Plan (ISPS) (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, acacia (Acacia longifolia), pampas grass, tamarisk, black mustard (Brassica nigra), fennel (Foeniculum vulgare), and castor bean (Ricinus communis). 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. DUDEK 15 8058 June 2018 March 26, 2019 Item #5 Page 54 of 212 Preserve Management Plan for the Aviara Park Preserve Table 2 Common Weed and Invasive/Exotic Species to be Controlled within the A viara Park Preserve Low Tolerance Species No Tolerance Species Level1-3 Level4-5 Common Name Scientific Name Common Name Scientific Name Sweet alyssum Lobularia maritime Tree tobacco Nicotiana glauca Russian thistle Sa/so/a tragus Radish Raphanus sativus Purple star thistle Centaurea melitensis Crown daisy Glebionis coronaria Maltese star thistle Centaurea melitensis Pampas grass Cortaderia selloana Long-flowered veldt grass Ehrharta longiflora ice plant, hottentot-fig Carpobrotus spp.; Mesembryanthemum spp. Non-native annual grasses Bromus spp., Avena spp., English ivy Hedera helix Vu/pia myuros Common Mediterranean Schismus barbatus Sweet fennel Foenicu/um vulgare grass Note that although not yet found on the preserve, globe chamomile ( Oncosiphon piluliferum) and stinkwort Dittrichia graveolens are relatively new aggressive invaders in the County. Any signs of these or other aggressive invaders on site will be prioritized for eradication. Exotic/invasive plant species control will be an ongoing process. 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 (1PM) 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 will 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 exotic/invasive removal activities will be disposed of off site in a legally acceptable manner. • Exotic/invasive 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 prevent re-colonization of the area by non-native plant species. DUDEK 16 8058 June 2018 March 26, 2019 Item #5 Page 55 of 212 Objective 1.4: Preserve Management Plan for the Aviara Park Preserve 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 The following erosion control measures/tactics shall be implemented, as necessary, to prevent recurring erosion problems. • 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 natural, 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. • The Preserve Manager will alert the City of Carlsbad immediately to major erosion problems that are out of scope of the Preserves Manager duties and budget. Major erosion problems are defined as problems that require local, state, federal or other agency permits, excavation, grading, or other tasks up and beyond simple BMPs. • Reparation of any damage to the preserve caused by erosion or slope failure along adjacent manufactured slopes is the responsibility of the City, as these areas are city-owned. 4.1.2 Long-Term Special Status Species Management and Monitoring Goal 2: Maintain populations and diversity of native plants and wildlife, including special status species, at or above baseline levels. Objective 2.1: 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. Two HMP-covered plant species (Nuttall's scrub oak and summer holly) are present on site. Also, the federally threatened/HMP-covered California gnatcatcher was detected on the western edge of DUDEI< 17 8058 June 2018 March 26, 2019 Item #5 Page 56 of 212 Preserve Management Plan for the Aviara Park Preserve the Aviara Park preserve during a site visit in 2017. In accordance with Carlsbad HMP (Carlsbad 2004) and the preserve management plan for City-owned preserves (CNLM and Tierra Data 2016), plant and wildlife presence/absence surveys are required for the HMP-covered species that occur on site to document the sensitive species occurrences within the open space areas. For special status plant species, it is assumed that managing the habitat will be sufficient to maintain the species. 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. Signs of loss or degradation to any 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 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 monitoring 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. • Conduct 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. • If encountered during baseline surveys, monitor the population status of Del Mar manzanita, every five years using a systematic survey that accounts for relative abundance and population boundaries (TAIC 2009). During the survey, note the status of any 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. • Remove non-native plant species that degrade special-status species habitat consistent with Section 4.1.1. This habitat management will benefit special-status species occurring on site. • 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 l0(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 DUDEK 18 8058 June 2018 March 26, 2019 Item #5 Page 57 of 212 Preserve Management Plan for the Aviara Park Preserve 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. 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. • 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 1: Prohibit public access 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. Objective 1.1: Conduct patrols to protect native habitats, 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 coordinate with the City as necessary to provide public outreach and education. • The Preserve Manager will be expected to interface with the adjacent residents and community park staff 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). DUDEK 19 8058 June 2018 March 26, 2019 Item #5 Page 58 of 212 Preserve Management Plan for the Aviara Park Preserve • 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 I 00 % 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 adjacency to a large open space corridor and by the wildfire history on site. If a fire occurs within the open space preserve, either burning all or a portion of the site, the vegetation will be allowed to naturally regenerate. No fire management is anticipated for the preserve. Fire is a naturally occurring event that produces healthy vegetation. The A viara Park preserve does not include any areas slated for brush control or fire/fuel management. Fire management, if it becomes necessary, is assumed to be the ongoing responsibility of the property owner. Therefore, fire management between the open space preserve and the development edge is not a requirement of this PMP. 4.3.1 Fire Management Goals Goal 1 a: 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 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 DUDEK 20 8058 June 2018 March 26, 2019 Item #5 Page 59 of 212 Preserve Management Plan for the Aviara Park Preserve 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, the Preserve Manager shall develop a rigorous non-native, invasive species removal program to prevent encroachment from non-native, invasive species into burned areas. • Using monitoring results, the Preserve Manager in consultation with the City shall determine the best approach for aided habitat regeneration. Passive habitat regeneration with invasive species control is preferable; however replanting/seeding may be conducted on portions of the site if necessary. 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 have 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 placed at the bottom of slopes, and along the low points of the burn areas bordering native habitat to serve as erosion control protection. DUDEK 21 8058 June 2018 March 26, 2019 Item #5 Page 60 of 212 Preserve Management Plan for the Aviara Park Preserve 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 detected at the A viara Park preserve during a site visit in November 2017. Chaparral habitats on site could potentially be used by the coastal 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 General biological assessments Site patrol and general management and monitoring Habitat monitoring, including fixed photos point Special-status plant species monitoring Vegetation mapping/revisions, including quantitative cover assessments California gnatcatcher protocol survey Exotic/invasive species control Trash removal, fence and sign repair DUDEK Timing Once at the beginning of long-term management, and every five years. 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 At least twice annually As needed during monthly visits 22 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 Qualified Biologist with 1 0(a) permit Preserve Manager or qualified staff Preserve Manager or qualified staff 8058 June 2018 March 26, 2019 Item #5 Page 61 of 212 Task Preserve Management Plan for the Aviara Park Preserve Table 3 Preserve Management Task Summary Timing Staff Type Post-fire monitoring/management, As needed after a fire Preserve Manager or qualified staff habitat restoration/enhancement, erosion repair, etc. Public awareness and outreach Annual report DUDEI< As needed in consultation with City Once annually 23 Preserve Manager or qualified staff Preserve Manager or qualified staff 8058 June 2018 March 26, 2019 Item #5 Page 62 of 212 DUDEK Preserve Management Plan for the Aviara Park Preserve INTENTIONALLY LEFT BLANK 24 8058 June 2018 March 26, 2019 Item #5 Page 63 of 212 Preserve Management Plan for the Aviara Park Preserve 5 ADAPTIVE MANAGEMENT Adaptive management is 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. The City of Carlsbad expects that management and monitoring will occur through an adaptive approach. Information gained through monitoring will influence the City's management decisions regarding the next steps in the adaptive process. This approach acknowledges the lack of complete understanding of a system while at the same time recognizing the need to begin management activities. Adaptive management is a mechanism to learn more about the system since controlled experiments may not be a biologically or economically reasonable option before management action is necessary. Targeted measurement of key environmental and biological variables before and after the management action can provide insight into the effects of actions at a particular site. These actions can then be adapted to optimize the achievement of management goals. The trigger for a change in the management approach occurs when results have not achieved the desired goal within a specified time frame. The assumptions underlying management goals must be stated explicitly and considered as hypotheses to be tested through monitoring programs that are, in effect, management experiments. The City will continue to use explicit models for experiments, observational studies, and adaptive management to implement management actions and test a priori assumptions. An adaptive management strategy will 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 according to Section 4.3.8 of the City of Carlsbad Preserves 2017- 2021 Preserve Management Plan (CNLM and Tierra Data 2016), as summarized below: • Analysis and interpretation of the information gathered from the site will be viewed in context with results from other preserve areas as appropriate. • The management plan will be updated every five years in order to re-evaluate goals, objectives and ASMDs. • Only qualified staff will be selected to implement preserve management. Qualifications include a strong biology/ecology background, the ability to review the scientific literature DUDEK 25 8058 June 2018 March 26, 2019 Item #5 Page 64 of 212 Preserve Management Plan for the Aviara Park Preserve and conduct scientifically rigorous field studies, and skills to coordinate with the research community for management support. • Sound record keeping will provide the support for any changes that occur and will document when conditions continue to be stable. 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). DUDEK 26 8058 June 2018 March 26, 2019 Item #5 Page 65 of 212 Preserve Management Plan for the Aviara Park Preserve 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. Preserve Management entities are required to report annually to the City of Carlsbad, which in tum, summarizes management activities and prepares an annual report to the wildlife agencies. This commitment achieves the conservation goals of the Carlsbad HMP and the MHCP through complying with reporting requirements, report updating, and regular and effective communication and coordination. The schedule and process for meetings and reporting are detailed: 1. Compliance monitoring. Is the PMP being implemented according the conditions, policies, and guidelines established therein? 2. Effectiveness monitoring. Is the management of the preserve conserving the species and habitats as expected? a. Submit an Annual Work Plan and Annual Report each year. A draft Annual Work Plan is due October 15 and a draft Annual Report is due November 15 to the Preserve Steward, City, and Wildlife Agencies for review and comment, and the final Work Plan and Annual Report is due by January 15. The Annual Report will summarize the activities accomplished during the year and any management and monitoring recommendations. The Annual Work Plan will outline the planned monitoring and management actions for the year and include a prioritization of specific management needs and ASMDs to be implemented in the adaptive management context (see the OSMP [2016] for required content and format). The annual update will be reviewed by the Wildlife Agencies and Preserve Steward, and be available for public review and comment. b. Attend monthly meetings with City staff to summarize work activities, discuss issues and determine management solutions. c. Attend the Quarterly Carlsbad Preserve Managers meeting to facilitate coordination among preserve areas/managers, to share ideas, address common problems, identify funding/grant opportunities, etc. Attendance is required of Preserve Managers and the Preserve Steward. Invited attendees include the City, Coastal Commission, Wildlife Agencies, and public (key City and Wildlife Agency staff may be required for certain issues). d. Maintain frequent communication between Preserve Steward and Preserve Managers ( ongoing as needed) by phone, e-mail, or in the field. Report emergency/critical DUDEK 27 8058 June 2018 March 26, 2019 Item #5 Page 66 of 212 Preserve Management Plan for the Aviara Park Preserve issues to the City, Wildlife Agencies and/or Coastal Commission as needed (Preserve Manager and/or Steward to report depending on severity of issue). 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 Aviara Community Park staff, 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 A). The non-wasting endowment will likely 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. DUDEK 28 8058 June 2018 March 26, 2019 Item #5 Page 67 of 212 Preserve Management Plan for the Aviara Park Preserve 7 LITERATURE CITED Bowman, R.H. 1973. Soil Survey, San Diego Area, California, Part 1. United States Department of the Agriculture. 104 pp.+ appendices. 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-Comm unities/List. CAL FIRE (California Department of Forestry and Fire Protection). 2014. "Poinsettia Fire." Accessed October 2014. http://cdfdata.fire.ca.gov/incidents/incidents _details_ info? incident id=966. Cal-IPC. 2013. California Invasive Plant Inventory. California Invasive Plant Council. Berkeley, California. Available: www.cal-ipc.org/paf. CNLM (Center for Natural Lands Management) and Tierra Data Inc. 2016. City of Carlsbad Preserves, 2017-2021 Preserve Management Plan. Prepared August 2016. CNPS (California Native Plant Society). 2011. California Native Plant Society-Vegetation Rapid Assessment Protocol. CNPS Vegetation Committee. City of Carlsbad. 2004. Habitat Management Plan for Natural Communities within the City of Carlsbad, as amended. Planning Department. November 2004. 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. Dudek. 2017. Final Conceptual Restoration Plan for the Poinsettia Project. Carlsbad, California. October 2017. Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame-Heritage Program, California Department of Fish and Game. DUDEK 29 8058 June 2018 March 26, 2019 Item #5 Page 68 of 212 Preserve Management Plan for the Aviara Park Preserve San Diego Management and Monitoring Program (SDMMP) 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). Sawyer, J.O., T. Keeler-Wolf, and J. Evens. 2009. A Manual of California Vegetation. 2nd edition. Sacramento, California. California Native Plant Society. TAIC (Technology Associates). 2009. Guidelines for Preserve Management. Prepared for the City of Carlsbad Planning Department. July 2009. Tierra Data Inc. 2005. Blossom Valley Habitat Conservation Area Post fire Monitoring and Management Strategy. Prepared for the Center for Natural Lands Management. U.S. Fish and Wildlife Service (USFW). 1997. "Coastal California Gnatcatcher (Polioptila californica californica) Presence/ Absence Survey Guidelines." Carlsbad, California. USFWS. February 28, 1997. DUDEK 30 8058 June 2018 March 26, 2019 Item #5 Page 69 of 212 Figure l. Regional Map DUDEK Preserve Management Plan for the Aviara Park Preserve June 2018 March 26, 2019 Item #5 Page 70 of 212 Preserve Management Plan for the Aviara Park Preserve Figure 2. Vicinity and HMP Existing Conditions Map DUDEK June 2018 March 26, 2019 Item #5 Page 71 of 212 Preserve Management Plan for the Aviara Park Preserve Figure 3. HMP Planning Area and Proposed Preserve DUDEI< June 2018 March 26, 2019 Item #5 Page 72 of 212 Preserve Management Plan for the Aviara Park Preserve Figure 4. Restoration On-Site Map -Aviara Park Preserve DUDEK June 2018 March 26, 2019 Item #5 Page 73 of 212 DUDEK Preserve Management Plan for the Aviara Park Preserve INTENTIONALLY LEFT BLANK 38 8058 June 2018 March 26, 2019 Item #5 Page 74 of 212 APPENDIX A Cumulative List of Vascular Plant Species Observed- Aviara Restoration Areas/Preserve March 26, 2019 Item #5 Page 75 of 212 APPENDIX A Cumulative List of Vascular Plant Species Observed - Aviara Restoration Areas/Preserve VASCULAR PLANT SPECIES ANGIOSPERMAE (DICOTYLEDONS) ADOXAE-MUSKROOTFAMILY Sambucus nigra ssp. caerulea -blue elderberry AIZOACEAE -CARPET-WEED FAMILY * * Carpobrotus edulis -hottentot-fig Mesembryanthemum crystallinum -crystal ice plant AMARANTHACEAE-AMARANTH FAMILY * Amaranthus hypochondriacus -Prince-of-Wales feather ANACARDIACEAE-SUMACFAMILY Malosma laurina -laurel sumac Rhus integrifolia -lemonade berry Toxicodendron diversilobum -poison-oak APIACEAE-CARROT FAMILY * Foeniculum vulgare -sweet fennel ASTERACEAE -SUNFLOWER FAMILY Amblyopappus pusillus -pineapple weed 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 vulgare -bull thistle Conyza canadensis -horseweed Conyza floribunda -horseweed Corethrogyne filaginifolia -common sand aster Deinandra fasciculata [ =Hemizonia f] -fascicled tarweed Encelia californica -California bush sunflower Erigeron canadensis-Canadian horseweed Eriophyllum confertiflorum -long-stem golden yarrow DUDEK A-1 8058 June 2018 March 26, 2019 Item #5 Page 76 of 212 * * * * * * * * * APPENDIX A (Continued) Filago gallica -narrow-leaf filago Glebionis coronaria -crowndaisy Gnaphalium bicolor -bicolor cudweed Gnaphalium californicum -California everlasting Hazardia squarrosa ssp. grindelioides -saw-toothed goldenbush Hedypnois cretica -Crete hedypnois Helminthotheca echioides -bristly oxtongue Heterotheca grandiflora -telegraph weed Hypochaeris glabra-smooth cat's ear lsocoma menziesii -goldenbush Lactuca serriola -prickly lettuce Pluchea odorata -marsh-fleabane Pseudognaphalium californicum -ladies' tobacco Sonchus asper -spiny sowthistle Sonchus oleraceus -common sow-thistle Stephanomeria diegensis -San Diego wreathplant Stephanomeria virgata -twiggy wreathplant Taraxacum officinale -common dandelion Xanthium strumarium -cocklebur BORAGINACEAE -BORA GE FAMILY Amsinckia menziesii --fiddleneck Cryptantha sp. -cryptantha Heliotropium curassavicum -wild heliotrope BRASSICACEAE -MUSTARD FAMILY * * * * * * Brassica nigra -black mustard Hirschfeldia incana -short-podded mustard Lobularia maritima -sweet alyssum Raphanus sativus -radish Sisymbrium altissimum-tall tumblemustard Sisymbrium irio-London rocket CACTACEAE-CACTUS FAMILY Cylindropuntia prolifera -coast cholla Opuntia littoralis -coastal prickly-pear CARYOPHYLLACEAE-PINK FAMILY * Silene gallica -common catchfly DUDEK A-2 8058 June 2018 March 26, 2019 Item #5 Page 77 of 212 APPENDIX A (Continued) CHENOPODIACEAE-GOOSEFOOT FAMILY * * Chenopodium album -lambsquarters Salsa/a tragus -Russian-thistle CISTACEAE-ROCK-ROSE FAMILY Helianthemum scoparium -peak rush-rose CONVOL VULACEAE-MORNING-GLORY FAMILY Calystegia macrostegia --morning-glory CRASSULACEAE-STONECROP FAMILY Crassula connata -pygmy-weed Dudleya lanceolata -lanceleaf dudleya CUCURBITACEAE-GOURD FAMILY Marah macrocarpa -Cucamonga manroot ERICACEAE-HEATHFAMILY Xylococcus bicolor -mission manzanita EVPHORBIACEAE -SPURGE FAMILY * Euphorbia pep/us -petty spurge Chamaesyce albomarginata -rattlesnake spurge * Ricinus communis -castor-bean FABACEAE-PEAFAMILY * Acacia redo/ens -acacia Acmispon glaber -deerweed Acmispon strigosus -strigose bird's-foot trefoil Lupinus bicolor -miniature lupine * Medicago polymorpha -burclover * Melilotus a/bus -white sweet-clover * Melilotus indicus -annual yellow sweetclover FAGACEAE-BEECHFAMILY Quercus agrifolia var. agrifolia-California live oak Quercus dumosa-Nuttall's scrub oak GENTIANACEAE-GENTIAN FAMILY Centaurium venustum -canchalagua DUDEK A-3 8058 June 2018 March 26, 2019 Item #5 Page 78 of 212 APPENDIX A (Continued) GERANIACEAE-GERANIUM FAMILY * * Erodium botrys -longbeak stork's bill Erodium cicutarium -redstem stork's bill GROSSULARIACEAE-GOOSEBERRY FAMILY Ribes speciosum -Fuchsia flowered gooseberry HYDROPHYLLACEAE-WATERLEAF FAMILY Phaceila cicutaria -caterpillar phacelia IRIDACEAE -IRIS FAMILY Sisyrinchium helium -blue-eyed-grass LAMIACEAE-MINTFAMILY Salvia mellifera -black sage MAL VA CEAE -MALLOW FAMILY * Malacothamnus fasciculatus -mesa bushmallow Malva parviflora -cheeseweed mallow MYOPORACEAE-MYOPORUM FAMILY * Myoporum laetum -myoporum MYRSINACEAE-MYRSINE FAMILY * Lysimachia arvensis -scarlet pimpernel MYRTACEAE-MYRTLEFAMILY * Eucalyptus globulus -Tasmanian bluegum ONAGRACEAE -EVENING-PRI.MROSE FAMILY Camissonia bistorta -California sun cup Epilobium ciliatum -fringed willowherb OXALIDACEAE-OXALISFAMILY * Oxalis pes-caprae -Bermuda buttercup PAEONIACEAE-PEONY FAMILY Paeonia californica -California peony PHR YMACEAE -LOPSEED FAMILY Mimulus aurantiacus--orange bush monkeyflower DUDEK A-4 8058 June 2018 March 26, 2019 Item #5 Page 79 of 212 APPENDIX A (Continued) PLANTAGINACEAE-PLANTAIN FAMILY Plantago erecta-dot-seed plantain POLEMONIACEAE-PHLOXFAMILY Navarretia hamata-skunkweed POLYGONACEAE-BUCKWHEAT FAMILY * Eriogonum fasciculatum-buckwheat Polygonum aviculare -prostrate knotweed * Rumex crispus -curly dock ROSACEAE-ROSEFAMILY Adenostoma fasciculatum -chamise Heteromeles arbutifolia -toyon SALICACEAE -WILLOW FAMILY Salix laevigata -red willow Salix lasiolepis -arroyo willow SCROPHULARIACEAE-FIGWORT FAMILY Scrophularia californica var.jloribunda-California figwort SOLANACEAE -NIGHTSHADE FAMILY * Datura wrightii -western jimsonweed Nicotiana glauca -tree tobacco 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 DUDEK A-5 8058 June 2018 March 26, 2019 Item #5 Page 80 of 212 APPENDIX A (Continued) ANGIOSPERMAE (MONOCOTYLEDONES) AGA VACEAE-AGA VE FAMILY Chlorogalum pomeridianum -soap plant Yucca schidigera-Mojave yucca CYPERACEAE -SEDGE FAMILY Cyperus eragrostis -tall cyperus IRIDACEAE -IRIS FAMILY Sisyrinchium helium -blue-eyed-grass POACEAE -GRASS FAMILY Arundo donax -giant reed Avenafatua-wild oat grass Bromus diandrus -ripgut grass Bromus hordeaceus -soft chess * * * * * * * Bromus madritensis ssp. Rubens -red brome Cortaderia selloana -pampas grass Cynodon dactylon -Bermuda grass * * * * Elymus condensatus -giant wildrye Festuca californica -California fescue Festuca myuros -rat-tail fescue Hordeum marinum-Mediterranean barley Melica imperfecta -California melic Polypogon monspeliensis -annual rabbitsfoot grass Schismus barbatus -Mediterranean schism us Stipa pulchra -purple needlegrass THEMIDACEAE-BRODIAEA FAMILY Bloomeria crocea -common goldenstar Dichelostemma capitatum -bluedicks TYPHACEAE-CATTAIL FAMILY Typha latifolia -broad-leaved cattail *signifies introduced (non-native) species DUDEK A-6 8058 June 2018 March 26, 2019 Item #5 Page 81 of 212 APPENDIX B Cumulative List of Wildlife Species Observed- Aviara Restoration Areas/Preserve March 26, 2019 Item #5 Page 82 of 212 APPENDIX B Cumulative List of Wildlife Species Observed - Aviara Restoration Areas/Preserve WILDLIFE SPECIES -VERTEBRATES REPTILES IGUANIDAE-IGUANID LIZARDS Sceloporus occidentalis -western fence lizard BIRDS PHASIANIDAE -PHEASANTS AND QUAILS Callipepla californica -California quail COLUMBIDAE -PIGEONS AND DOVES Zenaida macroura -mourning dove TROCHILIDAE -HUMMINGBIRDS Calypte anna-Anna's hummingbird 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 Troglodytes aedon -house wren TIMALIIDAE-LAUGHING THRUSH AND WRENTIT Chamaea fasciata -wrentit MIMIDAE -THRASHERS Mimus polyglottos -northern mockingbird EMBERIZIDAE-BUNTINGSANDSPARROWS Pipilo crissalis -California towhee DUDEK B-1 8058 June 2018 March 26, 2019 Item #5 Page 83 of 212 APPENDIX B (Continued) FR.INGILLIDAE -FINCHES Carpodacus mexicanus -house finch Carduelis psaltria -lesser goldfinch MAMMALS LEPORIDAE -HARES AND RABBITS Sylvilagus bachmani -brush rabbit WILDLIFE SPECIES-INVERTEBRATES BUTTERFLIES AND MOTHS PIERIDAE -WHITES AND SULFURS Pieris rapae -cabbage butterfly DUDEK B-2 8058 June 2018 March 26, 2019 Item #5 Page 84 of 212 APPENDIX C Property Analysis Record (PAR) for the Aviara Park Preserve March 26, 2019 Item #5 Page 85 of 212 Section 1 -Property Information Property Title: Poinsettia 61 Offsite Aviara 3.20.2018 Location/Jurisdiction County Address San Diego City, State, Zip Carlsbad, CA Conserved Acres 5.6 Management type Conservation Easement Date Created 01/23/2018 11 :38:27 AM Prepared for Lennar Homes Prepared by J. Timberlake Dudek Project Management Information Contact Company Address City, State, Zip Phone Fax E-Mail address Cost Year Date of site visit: Development Project 2023 PAR ID: POIN61_A Last Modified: 03/20/2018 Developer/Proponent Information Contact Company Address City, State, Zip Phone Fax E-Mail address Project Name Poinsettia 61 Offsite Aviara Total Project Acres 0 Stage of planning Notes Based on the Preserve Management Plan for the Aviara Park Preserve, Poinsettia 61 Project Exported by ADMIN on 3/20/2018 C:\PARTEM P\ADMI N\P3export_PO IN61_223_20171103134434.ZI P Exported by ADMIN on 11/03/2017 C:\P3export_POIN61_223_20171103135015.ZIP Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management www.cnlm.org 03/20/2018 Sect.1 Page 1 March 26, 2019 Item #5 Page 86 of 212 Section 14 -Initial & Capital Tasks and Costs Property Title: Poinsettia 61 Offsite Aviara 1.23.2018 PAR ID: POIN61 A 03/20/2018 - Task Specific Cost/ Annual Times List Description Unit Quantity Unit Cost Years BIOTIC SURVEYS Annual Monitoring Transects L. Hours 4.00 115.00 460.00 1.0 General Wildlife Surveys General Surveys; camera L. Hours 8.00 55.00 440.00 1.0 Plant Ecologist Vegetation Mapping & L. Hours 3.00 115.00 345.00 1.0 Rare Plant Surveys -Rare plant assessments L. Hours 6.00 115.00 690.00 1.0 Wildlife Biologist CAGN Surveys L. Hours 10.00 115.00 1,150.00 1.0 Wildlife Biologist CAGN Surveys (Yr 2 only) L. Hours 10.00 115.00 1,150.00 1.0 Wildlife Biologist CAGN Surveys (Yr 3 only) L. Hours 10.00 115.00 1,150.00 1.0 Sub-Total GENERAL MAINTENANCE Hauling, Truck Truckload Item 2.00 65.00 130.00 1.0 Project Management Monthly Inspection; L. Hours 12.00 115.00 1,380.00 1.0 Sanitation Co_ntrol Collection And Disposal L. Hours 4.00 35.00 140.00 1.0 Sub-Total HABITAT MAINTENANCE Exotic Plant Control Herbicide 41% Con.Rndup Gallon 1.00 120.00 120.00 1,0 Exotic Plant Control Weed Control (2x year) L. Hours 20.00 50.00 1,000.00 1.0 Exotic Plant Control Supervision L. Hours 6.00 110.00 660.00 1.0 Sub-Total OPERATIONS Audit CPA Audit L. Hours 2.00 80.00 160.00 1.0 Budgeting Budget & Reconcile L. Hours 1.00 125.00 125.00 1.0 Contracts Produce Contracts L. Hours 2.00 125.00 250.00 1.0 Insurance General Liability Item 1.00 200.00 200.00 1.0 Insurance Professional Liability Item 1.00 200.00 200.00 1.0 Project Accounting Book Keeping L. Hours 2.00 125.00 250.00 1.0 Travel Mileage Miles 100.00 0.55 55.00 1.0 Sub-Total PUBLIC SERVICES Management Manager meetings, etc L. Hours 12.00 115.00 1,380.00 1.0 Sign, Aluminum Aluminum 12" X 12" Item 4.00 15.00 60.00 1.0 Sub-Total REPORTING Annual Reports Summary L. Hours 8.00 115.00 920.00 1.0 Database Management Data Input L. Hours 2.00 115.00 230.00 1.0 Photodocumentation Field Survey L. Hours 1.00 115.00 115.00 1.0 Sub-Total SITE CONSTRUCTION/MAINT. Fence -Installed Chain Link, 6' High -lnstalle Lin. Ft. 200.00 13.00 2,600.00 1.0 Gate Chain Link, 6' High -Installs Item 1.00 240.00 240.00 1.0 Sub-Total Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management www.cnlm.org Cont Total % Cost 10.0 506.00 10.0 484.00 10.0 379.50 10.0 759.00 10.0 1,265.00 10.0 1,265.00 10.0 1,265.00 5,923.50 10.0 143.00 10.0 1,518.00 10.0 154.00 1,815.00 10.0 132.00 10.0 1,100.00 10.0 726.00 1,958.00 10.0 176.00 10.0 137.50 10.0 275.00 10.0 220.00 10.0 220.00 10.0 275.00 10.0 60.50 1,364.00 10.0 1,518.00 10.0 66.00 1,584.00 10.0 1,012.00 10.0 253.00 10.0 126.50 1,391.50 10.0 2,860.00 10.0 264.00 3,124.00 March 26, 2019 Item #5 Page 87 of 212 Section 14 -Initial & Capital Tasks and Costs Property Title: Poinsettia 61 Offsite Aviara 1.23.2018 PAR ID: POIN61_A 03/20/2018 Task List Subtotal Administration Total Specific Description Unit Cost/ Annual Times Cont Quantity Unit Cost Years % Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management www.cnlm.org Total Cost 17,160.00 2,071.85 19,231.85 March 26, 2019 Item #5 Page 88 of 212 Section 15 -Ongoing Tasks and Costs Property Title: Poinsettia 61 Offsite Aviara 1.23.2018 PAR ID: POIN61 -A 03/20/2018 Task Specific Number Cost/ Annual Years Cont Total List Description Unit of Units Unit Cost Divide % Cost BIOTIC SURVEYS Annual Monitoring Transects L. Hours 4.00 115.00 460.00 5.0 10.0 101.20 General Wildlife General Surveys; camera L. Hours 8.00 55.00 440.00 1.0 10.0 484.00 Plant Ecologist Vegetation Mapping & L. Hours 3.00 115.00 345.00 5.0 10.0 75.90 Rare Plant Surveys -Rare plant assessments L. Hours 6.00 115.00 690.00 3.0 10.0 253.00 Wildlife Biologist CAGN Surveys L. Hours 10.00 115.00 1,150.00 9.0 10.0 140.55 Sub-Total 1,054.65 GENERAL MAINTENANCE Hauling, Truck Truckload Item 2.00 65.00 130.00 1.0 10.0 143.00 Project Management Monthly Inspection; L. Hours 12.00 115.00 1,380.00 1.0 10.0 1,518.00 Sanitation Control Collection And Disposal L. Hours 4.00 35.00 140.00 1.0 10.0 154.00 Sub-Total 1,815.00 HABIT AT MAINTENANCE Erosion Control Labor Only L. Hours 8.00 50.00 400.00 3.0 10.0 146.66 Erosion Control Punched Straw Acre 0.50 2,250.00 1,125.00 3.0 10.0 412.50 Erosion Control Silt Fence Lin. Ft. 800.00 14.00 11,200.00 3.0 10.0 4,106.66 Exotic Plant Control Herbicide 41 % Gallon 1.00 120.00 120.00 1.0 10.0 132.00 Exotic Plant Control Weed Control (2x year) Hour 20.00 50.00 1,000.00 1.0 10.0 1,100.00 Exotic Plant Control Supervision L. Hours 6.00 110.00 660.00 1.0 10.0 726.00 Sub-Total 6,623.83 OPERATIONS Audit CPA Audit L. Hours 2.00 80.00 160.00 1.0 10.0 176.00 Budgeting Budget & Reconcile L. Hours 1.00 125.00 125.00 1.0 10.0 137.50 Contracts Produce Contracts L. Hours 2.00 125.00 250.00 5.0 10.0 55.00 Insurance General Liability Item 1.00 200.00 200.00 1.0 10.0 220.00 Insurance Professional Liability Item 1.00 200.00 200.00 1.0 10.0 220.00 Project Accounting Book Keeping L. Hours 2.00 125.00 250.00 1.0 10.0 275.00 Travel Mileage Miles 100.00 0.54 54.00 1.0 10.0 59.41 Sub-Total 1,142.91 PUBLIC SERVICES Management Manager meetings, etc Not 12.00 115.00 1,380.00 1.0 10.0 1,518.00 Sign, Aluminum Aluminum 12" X 12" Item 4.00 15.00 60.00 7.0 10.0 9.42 Sub-Total 1,527.42 REPORTING Annual Reports Summary L. Hours 6.00 115.00 690.00 1.0 10.0 759.00 Database Management Data Input L. Hours 2.00 115.00 230.00 1.0 10.0 253.00 Management Plan Plan Update L. Hours 40.00 115.00 4,600.00 5.0 10.0 1,012.00 Photodocumentation Field Survey L. Hours 1.00 115.00 115.00 1.0 10.0 126.50 Sub-Total 2,150.50 SITE CONSTRUCTION/MAINT. Fence -Installed Chain Link, 6' High -Lin. Ft. 2,000.00 13.00 26,000.00 30.0 10.0 953.33 Fence -Installed Chain Link, 6' High -L. Hours 8.00 50.00 400.00 3.0 10.0 146.66 Gate Chain Link, 6' High -Item 1.00 240.00 240.00 15.0 10.0 17.60 Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management www.cnlm.org March 26, 2019 Item #5 Page 89 of 212 Section 15 -Ongoing Tasks and Costs Property Title: Poinsettia 61 Offsite Aviara 1.23.2018 PAR ID: POIN61_A 03/20/2018 Task List Sub-Total Subtotal Administration Total Specific Description Unit Number of Units Cost/ Unit Annual Years Cont Cost Divide % Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management www.cnlm.org Total Cost 1,117.60 15,431.93 1,986.47 17,418.40 March 26, 2019 Item #5 Page 90 of 212 Section 16 -Financial Summary Property Title: Poinsettia 61 Offsite A viara 1.23.2018 1st Budget Year: 2023 State: CA Item Descriptions Initial & Capital Financial Requirements Revenues Management Costs Contingency Expense Initial & Capital Managemellt Total Costs '< -.. , ·- Administrative Costs of Total Management Costs Initial & Capital Gross Costs ·---'T" --- Initial & Capital Net Costs ·~ - I ·- Annual Ongoing Financial Requirements Revenues Ongoing Costs Contingency Expense Ongo_ing Management Total Costs - Administrative Costs of Total Management Costs Ongoing Gross Costs --- Ongoing Net Costs . --· -- Endowment Requirements for Ongoing Stewardship Endowment to Produce Income of $17,418 Endowment per acre $77,761 Stewardship costs are based on 4.00% of Endowment Earnings per Year Ongoing management funding per year is $17,418 Resulting in a per acre per year cost of $3,110 Total Funding Required -T _, ., ., -"' ---- - I Date: 03/20/2018 PAR Code: POIN6l_A Total $0 $15,600 $1,560 -·-iC -$17,160 r ~ I $2,072 ---$19.232 -$19.232 $0 $14,029 $1,403 --$15,4.n $1,986 -~--$17,418 . -$17,418 $435,460 -$454,692 - Property Analysis Record 3 • Version 1.03 (C) 1999-2008 Center for Natural Lands Management www.cnlm.org Sect. 16 Page 1 March 26, 2019 Item #5 Page 91 of 212 Section 17: Labor Summary Property Title: Poinsettia 61 Offsite Aviara 1.23.2018 PAR ID: POIN61_A 03/20/2018 Initial & Capital Ongoing Total Position Description Hours Cost Hours Cost Hours Cost Not Assigned 30.00 3,380.00 26.00 1,765.33 56.00 5,145.33 Project Manager 4.00 500.00 4.00 300.00 8.00 800.00 Preserve Manager 59.00 6,285.00 77.00 3,376.78 136.00 9,661.78 Biologist 6.00 690.00 6.00 230.00 12.00 920.00 Field Technician 24.00 1,140.00 12.00 273.33 36.00 1,413.33 Total 123.00 11,995.00 125.00 5,945.44 248.00 17,940.44 Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management www.cnlm.org Sect. 17, Page 1 March 26, 2019 Item #5 Page 92 of 212 EXHIBITD Title Report March 26, 2019 Item #5 Page 93 of 212 ■■NORTH .. AMERICAN .. TITLE ■■COMPANY Like Clockwork m Lennar Homes Of California 25 Enterprise, Suite 340 Aliso Viejo, CA 92656-2711 Attention: Alan Chik 3090 Bristol Street, Suite 190 Costa Mesa, California 92626 Office Phone: (949)419-9481 Office Fax: (714)667-0338 Email: rdean@nat.com Your Ref: Poinsettia -Aviara Park Our Order No.: 1599212 Property Address: 215-841-13 and 215-841-14 , CA Preliminary Report Dated as of October 26, 2018 at 7:30 A.M. In response to the above referenced application for a Policy of Title Insurance, North American Title Insurance Company Hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and limitations on covered risks of said Policy or Policies are set forth in Exhibit A attached. The Policy to be issued may contain an Arbitration Clause. When the amount of insurance is less than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the Parties. Limitations on covered risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a deductible amount and a maximum dollar limit of liability for certain coverages are also set forth in Exhibit A. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of Policy of title insurance contemplated by this report is: ALTA Standard Owner Policy Please note that the America First Homeowner's Policy (CLTN ALTA Homeowner's Policy) can only be issued on transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America First Homeowner's Policy (CLTN ALTA Homeowner's Policy) will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy. Randy Dean, Title Officer Page 1 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 94 of 212 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: Fee simple. 2. Title to said estate or interest at the date hereof is vested in: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION 3. The Land referred to in this report is situated in the State of California, County of San Diego, and is described as follows: See attached Legal Description Page 2 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 95 of 212 LEGAL DESCRIPTION Real property in the unincorporated area of the County of San Diego, State of California, described as follows: THAT PORTION THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AS SHOWN ON RECORD OF SURVEY NO. 10774, FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF SAID SECTION 22 NORTH 00°33'17" EAST, 1/57.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE SOUTH 89°46'56" WEST, 615.45 FEET TO THE BEGINNING OF A NON- TANGENT 50.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID POINT BEARS NORTH 83°58'22" EAST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 201 °04'39" A DISTANCE OF 175.47 FEET; THENCE SOUTH 27°49'22" EAST, 46.87 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°14'25" A DISTANCE OF 27.08 FEET, TO THE BEGINNING OF A COMPOUND 470.00 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL LINE TO SAID POINT BEARS NORTH 79°25'03" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°59'03" A DISTANCE OF 213.15 FEET; THENCE SOUTH 15°24'06" WEST, 65.21 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°37'40" A DISTANCE OF 39.11 FEET, TO THE BEGINNING OF A REVERSE 1801.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID POINT BEARS NORTH 15°01'46" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °56'46" A DISTANCE OF 375.51 FEET; THENCE NORTH 86°55'00" WEST, 243.11 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE ALONG SAID WESTERLY LINE NORTH 00°47'20" WEST, 95.35 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 89°18'06" EAST, 17.66 FEET TO A POINT ON THE WESTERLY LINE OF THAT LAND CONVEYED TO THE CITY OF CARLSBAD (PARK SITE) AS DESCRIBED IN DEED RECORDED JUNE 29, 1989 AS FILE NO. 89-345769 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY AND NORTHERLY LINE OF SAID LAND THE FOLLOWING: NORTH 19°52'40 EAST, 92.87 FEET; THENCE NORTH 45°10'21" WEST, 54.44 FEET; THENCE NORTH 13°28'04" EAST, 60.92 FEET; THENCE NORTH 00°22'40" WEST, 320.06 FEET; THENCE NORTH 12°18'08" WEST, 92.73 FEET; THENCE NORTH 50°59'09" EAST, 201.72 FEET; THENCE NORTH 14°03'08" WEST, 251.49 FEET; THENCE SOUTH 89°28'38" EAST, 322.56 FEET; THENCE SOUTH 00°43'00" EAST, 121.67 FEET; THENCE SOUTH 49°41'33" WEST, 50.16 FEET; THENCE SOUTH 10°13'08" WEST, 45.76 FEET; THENCE SOUTH 34° 30'47" EAST, 34.62 FEET; THENCE SOUTH 62°22'17" EAST, 25.68 FEET; THENCE SOUTH 19°35'24" WEST, 109.22 FEET; THENCE NORTH 75°32'32" EAST, 110.78 FEET; THENCE NORTH 35°50'10" EAST, 100.96 FEET; THENCE SOUTH 82°53'54" EAST, 31.50 FEET; THENCE NORTH 56°01'44" EAST, 225.45 FEET; THENCE NORTH 43°54'35" EAST, 93.91 FEET; THENCE NORTH 73°18'15" EAST, 133.35 FEET THENCE SOUTH 89°28'38" EAST, 136.29 FEET; THENCE SOUTH 52°45'54" EAST, 325.72 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 22; THENCE ALONG SAID EAST LINE SOUTH 00°33'17" WEST, 539.21 FEET TO THE TRUE POINT OF BEGINNING PURSUANT TO CERTIFICATE OF COMPLIANCE CS763, SHOWN AS PARCEL B THEREIN ,RECORDED JUNE 23, 1997 AS INSTRUMENT NUMBER 1997-0282737, OF OFFICIAL RECORDS. APN: 215-841-13-00 Page 3 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 96 of 212 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows: 1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2017-2018 are exempt. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Water rights, claims or title to water, whether or not shown by the public records. 5. An easement for pipe line and incidental purposes, recorded July 21, 1958 as Instrument No. 116505 of Official Records. In Favor of: Carlsbad Municipal Water District Affects: As described therein 6. The terms and provisions contained in the document entitled Agreement Between Developer-Owner and The City of Carlsbad for the Payment of a Public Facilities Fee, executed by and between N.B. Hunt and W. H. Hunt and The City of Carlsbad, a municipal corporation, recorded October 20, 1983, as Instrument No. 83-378945 of Official Records. Reference is hereby made to the record for further particulars. 7. The fact that said land lies within the HPI Reorganization, as disclosed by San Diego County Local Agency Formation Mumma Certificate of Completion, recorded February 14, 1985 as File No. 85- 051430 of Official Records. Reference is hereby made to the record for further particulars. 8. The fact said land lies within a "Bridge and Thoroughfare District No. 1" established by Resolution No. 8744 by the City of Carlsbad a certified copy of which was recorded August 19, 1986, recorder's File No. 86-356638. Reference is hereby made to the record for further particulars. 9. The terms and provisions contained in the document entitled Agreement Between Developer-Owner and The City of Carlsbad for the Payment of a Public Facilities Fee, executed by and between W. H. Hunt and N.B. Hunt and The City of Carlsbad, a municipal corporation, recorded November 6, 1986, as Instrument No. 86-509319 of Official Records. Reference is hereby made to the record for further particulars. 10. The terms and provisions contained in the document entitled Payment of a Public Facilities Fee, executed by and between W. H. Hunt and N. B_-Hunt and The City of Carlsbad, recorded November 19, 1987, as Instrument No. 87-647735 of Official Records. Page 4 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 97 of 212 Reference is hereby made to the record for further particulars. 11. The terms and provisions contained in the document entitled Title Settlement and Exchange Agreement and Conveyance of Public Access Easement, executed by and between The State of California, acting by and through the State Lands Commission, with the concurrence of the California Attorney General and Pacific Rin Land Associates Limited Partnership, a Delaware limited partnership, recorded June 10, 1988, as Instrument No. 88-278452 of Official Records. Reference is hereby made to the record for further particulars. 12. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1 of the Carlsbad Unified School District, as disclosed by Notice of Special Tax Lien recorded March 14, 1989 as Instrument No. 89- 130025 of Official Records. Document(s) declaring modifications thereof recorded May 8, 1989 as Instrument No. 89-242769 of Official Records. 13. The terms and provisions contained in the document entitled Deed Restriction (Open Space), executed by and between Aviara Land Associates Limited Partnership, a Delaware corporation and The California Coastal Commission, recorded April 14, 1989, as Instrument No. 89-196176 of Official Records. Reference is hereby made to the record for further particulars. 14. The terms and provisions contained in the document entitled Deed Restriction (Trail), executed by and between Aviara Land Associates Limited Partnership, a Delaware corporation and The California Coastal Commission, recorded April 14, 1989, as Instrument No. 89-196178 of Official Records. Reference is hereby made to the record for further particulars. 15. The terms and provisions contained in the document entitled Irrevocable Offer to Dedicate Open- Space Easement and Declaration of Restrictions, executed by Aviara Land Associates, Limited Partnership, a Delaware corporation, recorded April 14, 1989, as Instrument No. 89-196180 of Official Records. Reference is hereby made to the record for further particulars. 16. The terms and provisions contained in the document entitled Agreement between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee, executed by and between Aviara Land Associates, Limited Partnership, a limited partnership and The City of Carlsbad , recorded June 5, 1989, as Instrument No. 89-296176 of Official Records. Reference is hereby made to the record for further particulars. 17. An easement for the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purposes of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground and incidental purposes, recorded March 20, 1992 as Instrument No. 1992-0155861 of Official Records. In Favor of: Carlsbad Municipal Water District, a public agency Affects: As described therein Page 5 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 98 of 212 18. A lease executed by The City of Carlsbad, a municipal corporation as lessor and Sea Coast Greenhouses as lessee, recorded January 21, 1998 as Instrument No. 1998-0029627 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 19. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 20. Easements, claims of easement or encumbrances which are not shown by the public records. 21. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 22. With respect to The City of Carlsbad, a municipal corporation, we will require a certified copy of a resolution of the Board of Directors determining that the land is not necessary or useful in the performance of its duties to the public, authorizing the transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 23. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. For purposes of policy issuance, items None may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer. ********** END OF REPORT ********** Page 6 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 99 of 212 * * * * * NOTES * * * * * 1. NOTICE OF RECORDING PROCEDURE Pursuant to Cal. Revenue & Tax Code §480.3, all Deeds and other Documents that reflect a change in ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the transferee. If this special report is not presented at the time of recording, an additional recording fee of $20.00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how to complete them, and a nonexclusive list of documents that are affected by this change, are available from the County Recorder's Office or the Office of the County Assessor. Effective January 1, 2018, Cal. Government Code §27388.1 imposes an additional fee of $75.00 to be paid at the time of recording for every real estate instrument, paper, or notice required or permitted by law to record, except those expressly exempted from payment. 2. GOOD FUNDS LAW Under Section 12413.1 of the California Insurance Code, North American Title Company, Inc. may only make funds available for disbursement in accordance with the following rules: Same day availability. Disbursement on the date of deposit is allowed only when funds are deposited to North American Title Company, Inc. by Cash or Electronic Transfer (Wire). Cash will be accepted only under special circumstances and upon approval by management. Next business day availability. If funds are deposited to North American Title Company, Inc. by cashier's checks, certified checks or teller's checks, disbursement may be on the next business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against a FDIC insured bank). Second business day availability. 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 must be made available to depositors under Federal Reserve Regulation CC. In most cases, these checks will be available on the second business day following deposit. (For further details, consult California Insurance Code Section 12413, et seq. and Regulation CC). These are the minimum periods before funds will be made available. North American Title Company, Inc. is not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the right to require additional time before disbursing on deposited funds. Close of escrow and final disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit union checks, money market checks, travelers checks and official checks until confirmation of final clearance of the funds. North American Title Company, Inc. will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. 3. North American Title Company, Inc.'s charges for recording the transaction documents include charges for services performed by North American Title Company, Inc., in addition to an estimate of payments to be made to governmental agencies. 4. Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters Page 7 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 100 of 212 shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 5. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title Company, Inc. expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Page 8 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 101 of 212 NORTH AMERICAN TITLE COMPANY 3090 Bristol Street, Suite 190 , Costa Mesa, CA 92626 (800)464-6282 Fax: (714)667-0338 Email: rdean@nat.com Closing 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.: 92070-1599212-18 LENDERS SUPPLEMENTAL REPORT Dated as of October 26, 2018 AT 7:30 A.M. Title Officer: Randy Dean The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy of Title Insurance: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116. There is located on said land a Vacant Land Known as: 215-841-13 and 215-841-14 Unincorporated Area County of San Diego State of California. According 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 9 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 102 of 212 Privacy Policy Rev. osm/2018 North American Title Grou anies I I FACTS WHAT DOES NORTH AMERICAN TITLE GROUP, LLC FAM ILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal 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 information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and income • Transaction history and payment history • Purchase history and account balances. All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information, the reasons North American Title Group, LLC Family of Companies ("NATG") chooses to share, and whether you can limit this sharing. Reasons we can share your personal information Does NATG Can you limit share? this sharing? For our everyday business purposes Yes No Such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes Yes No To offer our products and services to you For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes Yes No Information about your transactions and experiences For our affiliates' everyday business purposes No We don't share Information about your creditworthiness For our affiliates to market to you Yes Yes For nonaffiliates to market to you No We don't share ' • Visit the following webpage for full instructions and a link to the Opt Out process via our NATTRACK system: www.nat.com/Opt-Out OR • Mail the form below Please note: If you are a new custom'er, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer 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. :~'ii Call 1 (844) 654-5408 X---------------------------------------------·------------·---- Mail-in Form If you have a joint account, your choice(s) will apply to everyone on your account unless you mark below. D Apply my choices only to me. Mail To: Rev. NAT 8/15/15 Mark any/all you want to limit: D Do not allow your affiliates to use my personal information to market to me. Name Address City, State, Zip Account# North America n Title Group, LLC Family of Companies ATTN: General Counsel 760 Northwest 107th Avenue, Suite 400 M iami, FL 33172 Page 10 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 103 of 212 Who is providing this notice? What we do How does NATG protect my personal information? How does NATG collect my personal information? Why can't I limit all sharing? What happens when I limit sharing for an account I hold jointly with someone else? Definitions Affiliates Nonaffiliates Joint marketing North American Title Group, LLC Family of Companies (identified below), which offers title insurance and settlement services and property and casualty insurance To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secure files and buildings. We collect your personal information, for example, when you • Apply for insurance; • Apply for financing; • Give us your contact information • Provide your mortgage information • Show your government-issued ID We also collect your personal information from others, 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 nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. 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, CalAtlantic Homes, Lennar Sales Corp., SPH Title, Inc., Sunstreet Energy Group, Five Point Communities, WCI Communities, LLC, Watermark Realty Referral, Inc., and WCI Realty, 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 providers, companies that perform marketing services on our behalf, and consumer reporting agencies. A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • NATG doesn't jointly market. 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 Colorado North American Title Insurance Company North American Services, LLC North American Title Agency, Inc. CalAtlantic Title, Inc. calAtlantic ntle of Maryland, Inc. Rev. NAT 8/15/15 Page 11 North American Abstract Agency NASSA, LLC North American Title, LLC North American Advantage Insurance Services, LLC North American National Title Solutions, LLC North American Title Agency, LLC CalAtlantic Title Atlanta, LLC CalAtlantic Title Charleston, LLC Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 104 of 212 Cl TA Preliminary Report Form -Exhibit A (Rev. 05-06-16) Cl TA STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (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. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any 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 claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims 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 disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA/ALTA HOMEOWNER'S POLICY 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 resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government 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 Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 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. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Page 12 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 105 of 212 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 Deductible Amount 1 % of Policy Amount Shown in Schedule A or (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) $2,500 $5,000 $5,000 $2,500 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [PART I [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. ] PART II 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) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. Page 13 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 106 of 212 (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 1. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 2. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 3. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 4. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown 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, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that 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. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 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 14 Rev. NAT 8/15/15 Order No. 92070-1599212-18 March 26, 2019 Item #5 Page 107 of 212 Aviara Park Preserve Figure: Assessor Map 2015.84 March 26, 2019 Item #5 Page 108 of 212 Aviara Park Preserve Figure: Drawing depicting park site location with reference to street and other lane March 26, 2019 Item #5 Page 109 of 212 Aviara Park Preserve Exhibit 2 Figure: Map depicting Poinsettia Preserve and Mitigation Areas March 26, 2019 Item #5 Page 110 of 212 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2019-0151961 111111111111 lllll 1111111111111111111111111 lllll lllll 111111111111111111 Apr 25, 2019 11 :48 AM OFFICIAL RECORDS Ernest J Dronen burg Jr SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins. $0.00) PAGES 100 Space above this line for Recorder's use Assessor's Parcel Number 212-271-03-00 Project Number and Name --------------EI R 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, Poinsettia 61 DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is made this &1-JL day of ff)O,.A,C,J, , 20~ by the City of Carlsbad, California, a Municipal Corporation of the State of California (hereinafter "City") and Lennar Homes of California, Inc., a California corporation (hereinafter "Lennar"), collectively referred to as "Parties". RECITALS A. Lennar 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. City is the sole owner of land that will satisfy a portion of the off-site habitat mitigation requirement of the Project. The off-site mitigation land is located in a portion of Veteran's Park, Carlsbad, County of San Diego, State of California, 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 3.1 acres. C. 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 Resolution No. 7226, dated February 1, 2017. This Restrictive Covenant is intended and shall be deemed to satisfy such requirement for a portion of the off-site habitat mitigation as to the Restricted Property. The amount of Coastal Sage Scrub (CSS) habitat to be preserved and substantially restored within the Restricted Property is 3 .1 acres, consisting of 1. 92 acres of substantial restoration of CSS and 1.18 acre of CSS preservation. March 26, 2019 Item #5 Page 111 of 212 Assessor's Parcel Number: 212-271-03-00 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 D. The Restricted Property possesses wildlife and habitat values of great importance to the People of the State of California and will be substantially restored to 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"). E. The Parties desire to preserve and protect the Restricted Property pursuant to the Addendum to the Preserve Management Plan for the Veteran's Park Preserve, Carlsbad, California prepared by Dudek, dated June 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". F. 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 661-666c and other applicable federal laws. G. 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." H. The 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, City hereby declares that 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 the Parties' heirs, successors 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"). The Parties intend that, by the City recording this Restrictive Covenant against the Restricted Property and Lennar agreeing to undertake certain activities as set forth below, 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 2 March 26, 2019 Item #5 Page 112 of 212 Assessor's Parcel Number: 212-271-03-00 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 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) City certifies to Lennar, CDFW, and USFWS that, to City's actual knowledge, there are no structures or other man-made improvements existing on the Restricted Property. City further certifies to Lennar, CDFW, and USFWS, that, to City'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. City has delivered further evidence of the Natural Condition to CDFW, and USFWS by the inclusion in the Management Plan of (I) 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. 2. The Parties' Duties. (a) To accomplish the Purpose of this Restrictive Covenant as described in Section 1 above, Lennar 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 City shall be obligated to perform all construction, maintenance and monitoring activities necessary to maintain the Restricted 3 March 26, 2019 Item #5 Page 113 of 212 Assessor's Parcel Number: 212-271-03-00 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 Property in the condition required by the Management Plan. Subject to the foregoing, and all other applicable terms and conditions of this Restrictive Covenant: (1) The Parties shall 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) The Parties shall post and maintain signage in or adjacent to the boundary areas of the Restricted Property as described in Section 4(t); (3) The Parties shall comply with the terms of this Restrictive Covenant and cooperate with City, CDFW, and USFWS in the protection of the Conservation Values; ( 4) The Parties shall repair and restore damage to the Restricted Property directly or indirectly caused by the Parties or their guests, representatives, agents, or third parties; provided, however, the Parties, their 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) Lennar shall 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) The Parties shall 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) The Parties shall perform in-perpetuity Long-Term Maintenance, Management, and Monitoring set forth in the Section 6 below; and (8) The Parties shall perform an annual compliance inspection of the Restricted Property, prepare an inspection report, and shall make reports available to CDFW and USFWS upon request (b) Except as required by the Management Plan, the Parties, their successors, and assigns shall not be obligated to maintain or repair any injury to or change in the Restricted Property resulting from: (1) Any natural cause beyond the Parties' control, including without limitation, fire, flood, storm, earth movement, drought, or infestation; or 4 March 26, 2019 Item #5 Page 114 of 212 Assessor's Parcel Number: 212-271-03-00 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 (2) Any prudent action taken by the Parties 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 the Parties, and their 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 this Restrictive Covenant is executed (as set forth in Exhibit "D" hereto): (a) Supplemental watering except for habitat enhancement activities described m Section 4(r); (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(v); ( d) Use of off-road vehicles and use of any other motorized vehicles except on existing roadways 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; (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 16 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(t); U) Depositing, dumping or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material; (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; 5 March 26, 2019 Item #5 Page 115 of 212 Assessor's Parcel Number: 2 l 2-271-03-00 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 (1) 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, and flood control work; (n) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as necessary for ( 1) emergency fire protection as required by fire safety officials as set forth in Section 4(v), (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 12; ( 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. The Parties' Reserved Rights. The Parties reserve to themselves, and to their personal representatives, heirs, successors, and assigns, all rights accruing from their respective duties under Section 2, 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: ( q) Access. Police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (r) Habitat Enhancement Activities. Enhancement and monitoring of native plant communities, 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 Parties 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. (s) 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 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. 6 March 26, 2019 Item #5 Page 116 of 212 Assessor's Parcel Number 212-271-03-00 Project Number EIR I 5-03/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 (t) 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 Parties 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. (u) 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 the Parties or any of their successors and assigns from developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that 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. (v) 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. 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(t), the Parties 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 locations designated in easements and reservations ofrights recorded in the chain of title to the Restricted Property. 6. Long-Term Maintenance, Management, and Monitoring. In addition to the other terms contained herein, the Parties 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 Lennar 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 City shall be obligated to perform or cause to be performed all construction, maintenance and monitoring activities necessary to maintain the Restricted Property in the condition required by the Management Plan. 7. Endowment Lennar previously established an endowment fund to be held in trust, which was funded on July 24, 2018, in accordance with the approved Management Plan, which shall be invested and 7 March 26, 2019 Item #5 Page 117 of 212 Assessor's Parcel Number: 212-271-03-00 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 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 third party beneficiaries 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 City'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. (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) Lennar may use The San Diego Foundation, in accordance with California law, to be the endowment holder. 8. CDFW and USFWS Rights. To accomplish the Purpose of this Restrictive Covenant, the Parties hereby grant and convey the following rights to CDFW and USFWS (but without obligation of 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 the Parties' compliance with and to otherwise enforce the terms of this Restrictive Covenant; and 8 March 26, 2019 Item #5 Page 118 of 212 Assessor's Parcel Number: 212-271-03-00 Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/1-IDP 14-07/HMP 14-04 Project Name: Poinsettia 61 (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. The Parties, their successors and assigns, grant to City, CDFW, USFWS, Department of Justice, and the State Attorney General ("City and/or Agency"), 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 of title. The rights under this Section are in addition to, and do not limit rights conferred in Section 8 above, the rights of enforcement against the Parties, their successors or assigns under any related permit covered by the various documents or referred to therein. The Parties will upon receipt from City and/or Agency of a written notice to the Parties ("Notice of Violation") informing the Parties 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 cure reasonably requires more than fifteen (15) days, the Parties 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. The Parties shall complete such cure in accordance with the approved plan. If the Parties dispute the Notice of Violation, the following provisions will apply: (1) Notice of Dispute. The Parties 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 the Parties provide City and/or Agency with a Notice of Dispute, as provided herein, City and/or Agency shall meet and confer with the Parties 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 the Parties 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 the Parties' Notice of Dispute, conferring with the Parties, 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 the Parties notice of such determination in writing. Upon receipt of such determination, the Parties shall have fifteen ( 15) days to cure the violation. If said cure reasonably requires more than fifteen ( 15) days, 9 March 26, 2019 Item #5 Page 119 of 212 Assessor's Parcel Number: 212-271-03-00 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 the Parties 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 the Parties including, but not limited to, costs of suit and any costs of restoration necessitated by the Parties' violation or negligence under the terms of this Restrictive Covenant shall be borne by the Parties, subject to California Civil Code section 815,etseq. ( 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 the Parties 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 the Parties 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 the Parties, 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 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. The Parties agree that 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 the Parties, the public or any third parties from risks relating to conditions on the Restricted Property. The Parties, or their successor or assign (at such times as applicable pursuant to Section 6 above), remain 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. No Hazardous Materials Liability. (w) The Parties represent and warrant that they have no knowledge of any release or threatened release of Hazardous Materials ( defined below) in, on, under, about or affecting the Restricted Property. 10 March 26, 2019 Item #5 Page 120 of 212 Assessor's Parcel Number: 212-271-03-00 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 (x) 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 CDFW and USFWS any of the following: (1) 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 ( 4) The right to investigate and remediate any Hazardous Materials associated with the Restricted Property; or (5) Any control over the Parties' ability to investigate, remove, remediate, or otherwise clean up any Hazardous Materials associated with the Restricted Property. (y) 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 5101 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. (z) 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. The Parties represent, warrant and covenant to CDFW and USFWS that activities upon and use of the Restricted Property by Lennar, City, their agents, employees, invitees and contractors will comply with all Environmental Laws. 12. Additional Easements. City 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 CDFW and USFWS. 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 II March 26, 2019 Item #5 Page 121 of 212 Assessor's Parcel Number: 212-271-03-00 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 leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and complies with Section 16 below. City, its successors, and assigns shall record any additional easements or other interests in the Restricted Property approved by the CDFW and USFWS in the official records of San Diego County, California and provide a copy of the recorded document to the CDFW and USFWS. 13. Hold Harmless. Lennar 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, "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 Lennar be obligated to indemnify any City Indemnified Party) (i) to the extent any such Claim is attributable to the negligence or misconduct of any City Indemnified Parties or (ii) with respect to any Claim arising after the date upon which the City issues that certain "Final Approval" (as defined in the Management Plan). If any action or proceeding is brought against any of City's Indemnified Parties by reason of any such Claim, Lennar shall, at the election of and upon written notice from any of the City Indemnified Parties defend such action or proceeding with City's counsel reasonably approved by the City 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, Lennar's agreement to indemnify the City's Indemnified Parties pursuant to this Section 13 is not intended to and shall not relieve any insurance carrier of its obligations applicable to the Claims. 14. Amendment. The Parties 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. The Parties 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. 15. Recordation. Lennar, 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. 12 March 26, 2019 Item #5 Page 122 of 212 Assessor's Parcel Number: 212-271-03-00 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 16. Assignment and Subsequent Transfers. (aa) City agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which City divests itself of any interest in all or a portion of the Restricted Property. City, 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. Lennar, its successor, or assign agrees to give written notice to CDFW and USFWS of the intent to transfer any interest at least thirty (30) days prior to the date of such transfer. 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 City, 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. (bb) From and after the date of any transfer of all or any portion of the Restricted Property by City and each transfer thereafter, (1) the transferee shall be deemed to have assumed all of the obligations of the Parties 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 23, and ( 4) all references to the Parties in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 17. 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 Lennar: To: Lennar Homes of California 25 Enterprise, Suite 400 Aliso Viejo, California 92656 Telephone: (949) 349-8235 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 13 March 26, 2019 Item #5 Page 123 of 212 Assessor's Parcel Number: 212-271-03-00 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 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. 18. Controlling Law. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive Covenant. 19. 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. 20. 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. 21. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Lennar's title in any respect. 22. 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. 23. 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. 24. 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. 14 March 26, 2019 Item #5 Page 124 of 212 25. Assessor's Parcel Number: 212-271-03-00 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, CDFW, and USFWS as Benefited Parties Except for Section 22, 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 March 26, 2019 Item #5 Page 125 of 212 Assessor's Parcel Number: 212-271-03-00 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 IN WITNESS WHEREOF the Parties have executed this Restrictive Covenant the day and year first above written. "Lennar" LENNAR HOMES OF CALIFORNIA, a California corporation By:_~Qb:w~-.c;~--- Name: ___ A_N_l~_A_~_A_v_e~':(~---- Title: --~\J~l_C.e::,~-+-fk_E_S_to_G"._tl_t~--- Date: l· 14 •I~ ---------------- By: ~(z:!; , ____ _ Name: \JO°V'"'°'-{~c,Jk~°'-SelA 'I Title: U\. ce, t:\: es.,i de V\ + Date: l /1 ~ /I 't "City" IFORNIA, a Municipal Corporation of the State of California By:_H-/t'-/1--A'.r+-,H-n~---=.,.,c___ ________ _ Name: tlJ;Jff)/4L (.__ Title: /17(11/f;t: Date: 5 · 2-7 · 19 CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 16 March 26, 2019 Item #5 Page 126 of 212 ACKNOWLEDGMENT 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 County of ORANGE before me, ALBERTA L. SEAGER NOTARY PUBLIC (insert name and title of the officer) personally appeared ____ ~+-'-~~~~~~--+--------.--------,~--- who proved to me on the basis of satisfactory evidence to be the perso ) whose name subscribed to the within instrument and acknowledged to me that shP.JU~-Pxecuted the same in ~ authorized capacity(.iest, and that by~tfteif signature(&) on the instrument the persollfsJ, or the entity upon behalf of which the person-tS'Jacted, 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 t/)£tft: (Seal) ALBERTA l. SEAGER COMM. #2158950 z Notary Public • California ;;o Orange County 9 Comm. Ex ires Ju 2 2020 March 26, 2019 Item #5 Page 127 of 212 ACKNOWLEDGMENT 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. accuracv. or validitv of that document. State of California County of ORANGE l ~ 1))/qbefore me, ALBERTA L. SEAGER, NOTARY PUBLIC (insert name and title of the officer) personally appeared ___ ~_· _'D.!..JLJLJ..:....1------+.;;..L_-'--''--J--L""-i=..:=:...L--¥,------r------~~--- who proved to me on the basis of satisfactory evidence to be the pers whose name 1 subscribed to the within instrument and acknowledged to me that sh t:leyexecuted the same in ~ authorized capacityfiest and that by ~tfteif signature(.sj on the instrument the person~ or the entity upon behalf of which the personx€) 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 (){u✓rJS ,~ (Seal) ALBERTA l. SEAGER COMM. #2158950 z Notary Public -California ::o Orange County 0 Comm. Ex ires Ju 2, 2020 March 26, 2019 Item #5 Page 128 of 212 ACKNOWLEDGMENT 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 County of San Diego ) On «)~ :} '] ;'-t,0/9 before me, Tamara R. McMinn, Notary Public ) (insert name and title of the officer) personally appeared {()ct.ft fdcJ.P 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. I. TAMARA R. MCMINN ► Notary Public • California • San Dlqo County Commltlkln ti 2159561 i , Mw Comm. 1111111a, Jul 1 o. 2020 March 26, 2019 Item #5 Page 129 of 212 EXHIBIT A Legal Description of Restricted Property March 26, 2019 Item #5 Page 130 of 212 EXHIBIT "A" LEGAL DESCRIPTION January 11, 2019 J.N. 141018 PAGE 1 OF 2 OFF-SITE MITIGATION -VETERAN'S PARK CT 14-10 A PORTION OF LOT 10 OF MAP NUMBER 15902, RECORDED ON MARCH 4, 2013 AS FILE NUMBER 2013-0139681 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' BEGINNING AT THE NORTHEAST CORNER OF LOT 10, MAP 15902; THENCE SOUTH 34°44'32" WEST 193.96 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A 80.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THE RADIAL TO SAID POINT BEARS NORTH 23°23'47" WEST; THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°23'29" A DISTANCE OF 49.42 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 31°12'44" WEST ll0.78 FEET TO A POINT ON A TANGENT 70.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°19'58" A DISTANCE OF 19.95 FEET; THENCE SOUTH 47°32'41" WEST 115.33 FEET TO A POINT ON A NON-TANGENT 1100.64 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, THE RADIAL TO SAID POINT BEARS NORTH 30°05'58" EAST; THENCE WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°32'03" A DISTANCE OF 279.20 FEET TO A POINT ON A NON-TANGENT 120.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THE RADIAL TO SAID POINT BEARS NORTH 74°27'41" WEST; THENCE NORTH AND EAST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 73°52'37" A DISTANCE OF 154.73 FEET; THENCE NORTH 89°24'55" EAST 117.13 FEET; THENCE SOUTH 56°18'37" EAST 14.72 FEET; THENCE NORTH 62°13'38" EAST 169.96 FEET; THENCE SOUTH 61°02'33" EAST 27.89 FEET; THENCE SOUTH 47°19'05" EAST 16.30 FEET; THENCE SOUTH 37°06'27" EAST 29.64 FEET TO THE TRUE POINT OF BEGINNING. THE HEREIN DESCRIBED PARCEL CONTAINS 1.32 ACRES G:\ 141018\PlatsVvlitigation \ 1418A-Legal-OffsileMi/igation-VeteransPark. doc March 26, 2019 Item #5 Page 131 of 212 PARCEL 'B' January 11, 2019 J.N. 141018 PAGE 2 OF 2 A PORTION OF LOT 10 OF MAP NUMBER 15902, RECORDED ON MARCH 4, 2013 AS FILE NUMBER 2013-0139681 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 10, MAP 15902; THENCE SOUTH 33°20'55" WEST 195.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 16°06'52" EAST 16.30 FEET; THENCE SOUTH 3°28'54" WEST 21.24 FEET; THENCE SOUTH 16°52'03" WEST 21.71 FEET; THENCE SOUTH 14°08'58" WEST 36.68 FEET; THENCE SOUTH 37°37'26" WEST 20.14 FEET; THENCE SOUTH 3°22'17" WEST 51.28 FEET; THENCE SOUTH 7°15'35" EAST 64.56 FEET; TO A POINT ON A NON-TANGENT 300.00 FOOT RADIUS CURVE CONCAVE TO THE WEST, THE RADIAL TO SAID POINT BEARS NORTH 74°59'22" EAST; THENCE SOUTH ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°33' 23" A DISTANCE OF 91. 92 FEET; THENCE, SOUTH 8°19'37" WEST 60.44 FEET TO A POINT ON A NON-TANGENT 315.24 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THE RADIAL TO SAID POINT BEARS NORTH 57°20'12" WEST; THENCE SOUTH ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°40'42" A DISTANCE OF 190.80 FEET; THENCE SOUTH 16°41'48" WEST 68.62 FEET; TO A POINT ON A NON- TANGENT 200.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, THE RADIAL TO SAID POINT BEARS SOUTH 53°07'50" EAST; THENCE SOUTH AND WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°02'18" A DISTANCE OF 115.33 FEET; THENCE NORTH 87°28'37" WEST 10.03 FEET; THENCE SOUTH 73°38'32" WEST 16.11 FEET; THENCE SOUTH 88°20'00" WEST 12.04 FEET; THENCE SOUTH 75°22'55" WEST 20.04 FEET TO A POINT ON A NON-TANGENT 100.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THE RADIAL TO SAID POINT BEARS NORTH 76°27'08" WEST; THENCE NORTH AND EAST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°34'14" A DISTANCE OF 30.67 FEET; THENCE NORTH 31°07'06" EAST 102.59 FEET; THENCE NORTH 13°05'31" EAST 61.57 FEET; THENCE NORTH 8°07'49" WEST 39.45 FEET; THENCE NORTH 14°02'09" WEST 46.00 FEET; THENCE NORTH 6°04'21" WEST 197.75 FEET; THENCE NORTH 0°00'00" EAST 19.28 FEET; THENCE NORTH 47°32'41" EAST 117.41 FEET TO A POINT ON A TANGENT 75.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTH AND EAST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°19'58" A DISTANCE OF 21.38 FEET; THENCE NORTH 31°12'44" EAST 114.34 FEET; TO A POINT ON A TANGENT 75.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTH AND EAST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°07'52" A DISTANCE OF 47.30 FEET TO THE TRUE POINT OF BEGINNING. THE HEREIN DESCRIBED PARCEL CONTAINS 1.79 ACRES G:\ 141018\Plats\Mi/igation\ 141 BA-Legal-OffsiteMitigation-VeteransPark.dor; March 26, 2019 Item #5 Page 132 of 212 EXHIBIT B Boundary Exhibit March 26, 2019 Item #5 Page 133 of 212 g a:: ~ a 0 a:: I -0 0 ~ u u ! (/] (3 " u I ~ "" 0 0 a: I ~ ~ -g u I v, 0 ,-,,., C :r: a tfl··, I c,, _;:) ~ "·u EXHIBIT 'B' LEGAL DESCRIP T/ON A PORTION OF LOT 10 OF MAP NO. 15902 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER ON MARCH 4, 2013 AS FILE NUMBER 2013-013968!. LEGEND PARK BOUNDARY........... ------- EXISTING LOT LINE. . . . . . . . . . . . . .. - · · -· · - - Ml TICA TION AREA J!!AC ...................... ~ CITY OF OCEANSIDE ~~L ___ :::::=:::::: ___ _, 6 I 0. " ,.; VICINITY MAP NOT TO SCALE r= > ~ ~ I 0 u.O.. I _I_ < ,-co~ ~ ci_ c5..\: 2710 Loker Ave. West, Suite 100 Cl. OJ ;; :': Carlsbad, California 92010 ! f , ,,.-760-931-7700 ~~ ODayConsultants.com OFFSITE MITIGATION -VETERAN'S PARK DATE: JANUARY 11, 2019 --~1------------.--.......,__ _________________________ _ ;53-APPLICANT EXHIBIT 'B' SHEET 1 OF 4 SHEETS 5_;:) .lei LENNAR HOMES i1 · . ,, PR 2018-__ ~ f 25 ENTERPRISE, STE. JOO /~ ·c ·c , ((~ ' ',./li I // !///f ·: ~ AUSO VIEJO, CA 92656 GEORGE O'DA YI ]t'-------------~R~C=c~J=L0_1~4---£~XP.-·~1=2~J~1~L=0....__ ________ .._ ______ _ A.P.N. ----- March 26, 2019 Item #5 Page 134 of 212 C 0 t EXHIBIT 'B' CT 97-16A MAP NO. 14340 ~ . .!''~d_ __ ~ PARCE~-'A' \ \ 1.32 AC I I I I I LOT F MAP NO. 823 I <( co ~ \ \ \ ' ' PARCEL tJ' 1.79 AC L __ I 3:· s < -0 ~ ~<l--VE7ERAN's PARK ~)--~ " <.> "' I 0 0 {~ ·g ::-?ft,' u ' '.I) i3 i f LOT 7 MAP NO. 15902 C <U (.) i 0 0 (1'. I n a _g 0 u I (/1 i.3 ~ !.,JC L o tn--:, I O> ~ ~ "' " >...: ~?L--.::::==:::::: ___ _, c.~ ~ Iv il __ c()_o_:_s_u-L=r---,-1N'c-=-T~s- ~6- 6 J 2710 Loker Ave. West Suite 100 o· soo· ~~~ SCALE: 1" = 500' "" LOT 10 MAP NO. 15902 I I I '~ ~ Carlsbad, California 92010 ~1 oo:~:n~~!t~~i~~om OFFSITE MITIGA TlON -VETERAN'S PARK DATE: JANUARY 11, 2019 -.S!'l--------,------1-----------,-------+--------t aJ1--___:.A~P~P~L=1~c~A~N~T--+------~E=X=H~l~B~IT_____;;'B~'-------+-s_HE_E_T_2_o_F_4_sH_E_ET_s-1 !~ LENNAR HOMES L,✓ ·/ ;/) •• ,. PR 2018-__ ~~ 25 ENTERPRISE, STE. JOO /(,,t'."··i-d · ~ .,2u;1 I/ii/I'/ ~:; ALISO VIEJO, CA 92656 GEORGE OZJA y/ . ]~L---------'-~R~CE~J~2~O~14_~E.X.~~:....:.=12~J~1~L~O--'-_______ ___. _______ _, A.P.N. - ---- March 26, 2019 Item #5 Page 135 of 212 EXHIBIT '8' P.o.a. ~~~R~U~~A;;-------- I -L LOT 10 MAP NO. 15902 PARCEL fl I 1.32 AC S 34·44'32• W~- 193.96' {77E LINE} I I I I I I \: \~ I ~ I ?},l_ EXIST/NC I PARK DIRT TRAIL I BOUNDARY I " C V u LOT 10 MAP NO. 15902 SEE PAGE 4 \ (PARCEL '£3') /.,, 0 0 0 "' I TI 0 D ~ -~ u I V) i3 ~--,,1 C r o en..., Io, :.'! ~ ~·~ -;.x;O ~ i"}i------------. 1-r, ~ i"=> 0 ~-t / d. rf ~J -~,.......,...,..--::--:--:-:--=--c-E.-~-<O:,; C O N ~NT S ~ d. 0~ 2710 Loker Ave. West, Suite 100 :'< ~ Carlsbad, California 92010 SCALE: 1" = 100' PARCEL fl I DA TA @ DELTA BEARING RADIUS LENGTH 1 L1 = 35'23'29" 80.00' 49.42' 2 S J/'!2'44" W 110.78' 3 L1 = !679'58" 10.00' !9.95' 4 S 47'.32 14!" W 115.33' 5 L1 = !4'32'03" 1100.64' 279.20' 6 L1 = 73'52'.Jl" 120.00 1 154. 73' 7 N 89'24'55" E !!713' 8 S 56'!8'37" E 14.12' 9 N 62'!.J'JB" £ !69.96' ro s 6t'02'JJ" £ 2789' 11 S 47·19'()5" £ !6.J0' 12 S 37V6'27" £ 29.64' f ::C 760-931-7700 ~'~ 00oyConsultants.com OFFSITE MITIGATION -VETERAN'S PARK DATE: JANUARY 11, 2019 -2·1---------....-~-----------------+---------t EXHIBIT '8' SHEET 3 OF 4 SHEETS PR 2018-__ t3-APPLICANT f j LENNAR HOMES f< , , /,/ / ·;_ ,, / ,7 ~~ 25 [NTERPR/SE, STE. JOO /wJU),ci..· et1 /o•//1 ·: ~ AUSO 'v1EJO, CA 92656 GEORG£ O'DA Y /' 7 ;;;;, RCE '32014 EXP. 12 '31 '20 ><i, L--------.r...:.:.:;:.:....:::=..:::.:-=--~::..:...:.:..:..:~;.::...i~---------'----------' A.P.N. ----- March 26, 2019 Item #5 Page 136 of 212 @ J 2 3 4 5 6 1 8 9 !0 !! !2 !3 !4 !5 16 !7 !8 !9 20 2! 22 23 24 25 EXHIBIT •9• PARCEL '/3' DATA DEL TA/BEARING RADIUS S !6'06'52" E --- S 03'28'54" W --- S !6'52'03" W --- S !4'08'58" W --- S 31:J7'26" W --- S 03'22'17" W --- S 0775'.35" E --- L1 = ! 7:J3'23" 300.00' S 08'19'.Jl" W --- L1 = 34·40'42" 3!524' S 16"4!'48" W --- L1 = 33'02'7811 200.00' N 87'28'37" W --- S 13"38'32" W --- S 88'20'00" W --- S 15'22'55" W --- L1 = !1:J4'!4" !00.00' N 3!'07'06" £ --- N !3'05'.J1" £ --- N 08'07'49" W --- N !4'02'09" W --- N 06'04'.2!" W --- N 00'O0'o0" £ --- N 47'32'4!" £ --- L1 = 16"!9'58" 7500' LENGTH 1630' 2!.24' 2!.7!' 3668' 20.!4' 51.28' 64.56' 91.92' 60.44' !90.80 1 6862' !15.33' 10.03' !6. ! !' 12.04' 20.04' 30.67' !02.59' 61.57' 39.45' 46.00' !91.75' 1928' !!7.41' 21.38' LOT 10 MAP NO. !5902 SEE PAGE J {PARCEL 'A ') ------ s JJ"20'55" w....__-195.84' {nE LINE} Sli72L!.i.X. /11)_ ~Q.,-,, ~-2<;,.. -CV ---- I I I I I I I I I I I I I I I I I I I 26 N 3!"!2'44" £ 21 L1 = 36'07'52" ---J/4.34' 7500' 41.30' PARCEL '£3' I I ,,; X 6 ~-E "O 0.. ""' -" -~N (.~ 01 15 V)N L1 • f-'.--~ ~- w c :r: 0 (/)~ I ry i·~ ,t 0 ~i1----------~ LOT 10 MAP NO. 15902 ~~ ~-..../~ ci.rf V ~ ~ __ C_O_N _S_U~L =r-~N~T -=-s-17 ~ d_ ~ ~ 2710 Loker Ave. West, Suite 100 !/Z5.'2Z'flll.':Jf... {.RJ_ :,;; :-' Corlsbad, California 92010 1.19 AC I I I I PARK -1 BOUNDARY L' --~~4-i 11 -~✓,e, u ~,h -v<~. o· 100· <'a, i.G ~~iimiiiiiw~-1 ""k' SCALE: 1" = 1 oo· I/ 760-931-7700 ~~ ODoyConsultonts.com OFFSITE MITIGA TIQN -VETERAN'S PARK DATE: JANUARY 11, 2019 -~1---------..--'------------------+--------t EXHIBIT 'B' SHEET 4 OF 4 SHEETS PR 2018-__ at APPLICANT i j_ LrA''N.'AR Hr1U'£'S ....._ ~~ C./VJ /1 V1 f,... ,/';, .'//~} /' / ,. er:,/ 25 ~N-rrooo,c-r STE. JOO ., , , ,,.-·. r I , . •/lf/ // ;/;';., ;;:;> c:., IC:.f\rfll..)c;., • -;;~~'R·-,,~_'! o' 'DIA• y. /,,_,,/,; / ,JI ~ ~ ALISO VIEJO, CA 92656 1.1,:;.v, 1.1'E! ]t'--------~R~C~f~J~i~01~4--:EX:;;.:.;;..;i~'~t2~J~1~L~O .... ________ ._ ______ __, A.P.N. ----- March 26, 2019 Item #5 Page 137 of 212 EXHIBIT C Management Plan [attached hereto] March 26, 2019 Item #5 Page 138 of 212 ADDENDUM PRESERVE MANAGEMENT PLAN for the VETERAN'S PARK PRESERVE CARLSBAD, CALIFORNIA EIR 15-03 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 JUNE 2018 March 26, 2019 Item #5 Page 139 of 212 Section Preserve Management Plan for the Veteran's Park Preserve TABLE OF CONTENTS Page No. 1 INTRODUCTION .............................................................................................................. 1 1.1 Purpose for Inclusion of the Preserve Area in the Habitat Management Plan ........ 1 1.1.1 Core 4 Description ...................................................................................... 1 1.2 Preserve Area History ............................................................................................. 2 1.3 Purpose of this Management Plan ........................................................................... 2 2 VETERAN'SPARK .......................................................................................................... 3 2.1 General Open Space Site Characteristics ................................................................ 3 2.2 Land Use ................................................................................................................. 3 2.3 Soil Characteristics ................................................................................................. 3 2.4 Fire History ............................................................................................................. 3 2.5 Ownership and Preserve Management.. .................................................................. 3 2.6 Restrictive Covenant Compliance ........................................................................... 4 3 HABITAT AND SPECIES DESCRIPTION ................................................................... 7 3.1 Vegetation Communities ........................................................................................ 7 3.1.1 Coastal Sage Scrub ..................................................................................... 7 3 .1.2 Annual Grasslands ...................................................................................... 8 3.2 Special-Status Plant Species ................................................................................... 8 3.3 Special-Status Wildlife Species .............................................................................. 8 3 .4 Threats ..................................................................................................................... 8 4 MANAGEMENT AND MONITORING GOALS AND ASMDS ............................... 11 4.1 Biological Monitoring and Management .............................................................. 11 4.1.1 Long-Term Habitat Management and Monitoring ................................... 11 4.1.2 Long-Term Native Species Management and Monitoring ....................... 17 4.2 Public Outreach and Coordination ........................................................................ 18 4.2.1 Public Education to Promote Preserve Objectives .................................... 18 4.3 Fire Management .................................................................................................. 19 4.3.l Fire Management Goals ............................................................................ 19 4.4 Constraints ............................................................................................................ 21 4.5 Potential Impacts ................................................................................................... 21 4.6 Preserve Management Task Summary .................................................................. 21 5 ADAPTIVE MANAGEMENT ....................................................................................... 23 DUDEK 8058 June 2018 March 26, 2019 Item #5 Page 140 of 212 Section Preserve Management Plan for the Veteran's Park Preserve TABLE OF CONTENTS (CONTINUED) Page No. 6 ADMINISTRATION AND REPORTING .................................................................... 25 6.1 Annual Reports, Work Plans, and PMP ................................................................ 25 6.1.1 Data Management: .................................................................................... 26 6.1.2 Communication and Coordination: ........................................................... 26 6.1.3 Budget and Endowment Management: ..................................................... 26 7 LITERATURE CITED ................................................................................................... 27 APPENDICES A Cumulative List of Vascular Plant Species Observed -Veteran's Restoration Area/Preserve B Cumulative List of Wildlife Species Observed-Veteran's Restoration Area/Preserve C Property Analysis Record (PAR) for the Veteran's Park Preserve FIGURES 1 Regional Map ..................................................................................................................... 29 2 Vicinity and HMP Existing Conditions Map ..................................................................... 31 3 HMP Planning Area and Proposed Preserve ..................................................................... 33 4 Restoration On-Site Map -Veteran's Park ........................................................................ 35 TABLES Vegetation Communities and Land Cover Types within the Veteran's Park Study Area ........................................................................................................................... 7 2 Locally Common Weed and Invasive/Exotic Species to be Controlled within the Preserve ........................................................................................................................ 15 3 Preserve Management Task Summary ............................................................................... 21 DUDEK 8058 June 2018 March 26, 2019 Item #5 Page 141 of 212 Preserve Management Plan for the Veteran's Park Preserve 1 INTRODUCTION 1.1 Purpose for Inclusion of the Preserve Area in the Habitat Management Plan The proposed Veteran's Park preserve area associated with the Poinsettia 61 Project (Project) off-site mitigation contains a total of 1.92 acres of agricultural land, slated to be restored to CSS habitat and approximately 1.18 acres of undisturbed preserved CSS habitat, for a total of 3 .1 acres of native open space to be included in the Carlsbad Habitat Management Plan (HMP; City of Carlsbad 1999, finalized 2004) Preserve. This Preserve Management Plan (PMP) has been prepared to guide the long-term management of the preserved open space areas (preserve) within the City-owned Veteran's Park (Figures 1 and 2), adjacent to Macario Canyon Open Space and a future City park. 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 further broken down into HMP cores, linkages and Special Resource Areas. 1.1.1 Core 4 Description This preserve area associated with the Project is located within the Local Facilities Management Zone 8, in the central portion of Core Area 4. The HMP describes the Core 4 Focused Planning Area (FPA) as follows: The Core 4 FPA, (approximately 1,063 acres), is located in west-central Carlsbad, includes Agua Hedionda Lagoon and upland habitats immediately east of the lagoon. Critical vegetation communities within this Core include saltmarsh, freshwater marsh, and riparian scrub. Major areas of coastal sage scrub are also present, as are small patches of grassland, southern maritime chaparral, southern mixed chaparral, and coastal sage scrub/chaparral. Critical populations of DUDEK 8058 March 2018 March 26, 2019 Item #5 Page 142 of 212 Preserve Management Plan for the Veteran's Park Preserve saltmarsh skipper butterfly, light-footed clapper rail, western snowy plover, California least tern, and Belding's Savannah sparrow occur in the estuarine habitats associated with Agua Hedionda Lagoon. This coastal wetland is also critical for American peregrine falcon and California brown pelican. A major population of wart-stemmed ceanothus is associated with southern maritime chaparral east of the lagoon. Core 4 has linages to Core 2, Core 3, Core 6, and Core 8 (Carlsbad 2004). Figure 3 provides an overview of the proposed and surrounding development, proposed new preserve, and surrounding existing HMP hardline areas. 1.2 Preserve Area History Veteran's Park is a City-owned, 19.1-acre parcel that sits adjacent to the Macario Canyon open space to the west. Veteran's Park is characterized as open space in the City HMP. It sits adjacent to single- and multifamily residential development to the north and east, Faraday A venue and the Crossings Golf Course to the south, and open space to the west. Macario Canyon is a 21.3-acre parcel that is primarily located adjacent to the Veteran's Park open space, north of Faraday Avenue. The preserve area is owned by the City; the preserve area will remain in City ownership throughout the long-term management of the site. Lennar Homes is the primary funding source for habitat restoration installation, maintenance, and monitoring, and the preserve endowment for the off-site mitigation areas associated with the Poinsettia 61 Project, which includes the Veteran's Park preserve area. 1.3 Purpose of this Management Plan The purpose of this Plan is to: • Meet the requirements for environmental documentation to comply with 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 2 8058 June 2018 March 26, 2019 Item #5 Page 143 of 212 Preserve Management Plan for the Veteran's Park Preserve 2 VETERAN'S PARK 2.1 General Open Space Site Characteristics The 3.1 acre preserve discussed herein is located in unincorporated HMP areas that are adjacent to both Veteran's Park and Macario Canyon open space. Because the portions that are slated for restoration and in-perpetuity preservation will be incorporated into the Veteran's Park open space, the 3.1 acre preserve discussed herein is referred to as the Veteran's Park preserve (preserve). Within the 3.1 acre preserve area, topography is generally a plateau, transitioning to south-facing slopes. Leading up to the preserve, most slopes are steep and south-facing ranging in elevation from 80 to 240 feet above mean sea level (AMSL) (CNLM and Tierra Data 2016). The preserve currently is dominated by annual grassland that was historically agricultural land, and coastal sage scrub vegetation communities sustaining various levels of disturbance. 2.2 Land Use The dominant land use characterized at the preserve, Veteran's Park and Macario Canyon is open space. A City park is planned for the portions of the open space area along the Faraday A venue. Park planning details are unknown at this time. 2.3 Soil Characteristics Soils found within Veteran's Park are comprised of fine sandy loams. Specifically, soils found within the preserve include: Huerhuero loam, 2 to 9% slopes; Las Flores loamy fine sand, 15 to 30% slopes, and 15 to 30% slopes, eroded; Loamy alluvial land-Huerhuero complex, 9 to 50% slopes, severe; and Marina loamy coarse sand, 2 to 9% slopes (USDA 2017). 2.4 Fire History There have been no recorded fires at Veteran's Park. 2.5 Ownership and Preserve Management The Veteran's Park preserve area is owned by the City; the Veteran's Park preserve area will remain in City ownership throughout the long-term management of the site. The City is responsible for long-term management, which will be implemented through a contract with a qualified long-term manager. This contract is administered by the Parks and Recreation Department. Currently, the long-term manager for City-owned properties is the Center for Natural Lands Management (CNLM). DUDEK 3 8058 June 2018 March 26, 2019 Item #5 Page 144 of 212 Preserve Management Plan for the Veteran's Park Preserve 2.6 Restrictive Covenant 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 January 2018, and will be recorded thereafter. The following are permitted uses: • Habitat enhancement and restoration activities; • Public access along designated trails; • Debris and exotic species removal; • Installation of signs and fences as needed. The following are prohibited uses: • 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. DUDEK 4 8058 June 2018 March 26, 2019 Item #5 Page 145 of 212 Preserve Management Plan for the Veteran's Park Preserve 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. DUDEK 5 8058 June 2018 March 26, 2019 Item #5 Page 146 of 212 DUDEK Preserve Management Plan for the Veteran's Park Preserve INTENTIONALLY LEFT BLANK 6 8058 June 2018 March 26, 2019 Item #5 Page 147 of 212 Preserve Management Plan for the Veteran's Park Preserve 3 HABITAT AND SPECIES DESCRIPTION 3.1 Vegetation Communities The proposed Veteran's Park preserve supports a total of 1. 92 acres of historical agricultural land categorized as annual grassland that is slated to be restored to coastal sage scrub habitat, and approximately 1.18 acres of undisturbed coastal sage scrub habitat for a total of 3.1 acres of native open space to be included in the Carlsbad Habitat Management Plan (HMP; City of Carlsbad 1999, finalized 2004) Preserve. Vegetation communities and land cover types found within the preserve are depicted in Table 1. Table 1 Vegetation Communities and Land Cover Types within the Veteran's Park Study Area Vegetation/Land Cover Type I Total* Special-Status Upland Vegetation Communities Coastal Sage Scrub I 1.18 Upland Vegetation Communities Annual Grassland I 1.92 Total* I 3.10 acres Note: Numbers may not sum to total due to rounding. 3.1.1 Coastal Sage Scrub Coastal sage scrub is a soft, low shrubland dominated by drought-deciduous species -California sagebrush (Artemisia californica) and California buckwheat (Eriogonum fasciculatum) -with scattered evergreen shrubs, including laurel sumac (Malosma laurina). Canopy height ranges from 0 to I meter. The shrub layer occurs typically on low moisture-availability sites (Holland 1986). Coastal sage scrub species occur within the Veteran's Park preserve area that borders Macario Canyon. These areas support a high diversity of coastal sage scrub perennial species, including California sagebrush, black sage (Salvia melifera), toyon (Heteromeles arbutifolia), lemonade berry (Rhus integrifolia), coastal sagebrush, buckwheat (Eriogonum fasiculatum), and laurel sumac (Malosma laurina). Annual species found in this area include deerweed (Acmispon glaber), tarweed (Deinandrafasciculata), and telegraph weed (Heterotheca grandiflora). Coastal sage scrub is considered a special-status vegetation community due its rarity and high value for wildlife. DUDEK 7 8058 June 2018 March 26, 2019 Item #5 Page 148 of 212 Preserve Management Plan for the Veteran's Park Preserve 3.1.2 Annual Grasslands Annual grassland are comprised of a dense to sparse cover of annual grasses that are often associated with numerous species of showy-flowered, native annual forbs ("wildflowers"), especially in years of favorable rainfall (Holland 1986). In San Diego County the presence of Avena, Bromus, Erodium, and Brassica are common indicators. In some areas, depending on past disturbance and annual rainfall, annual forbs may be the dominant species; however, it is presumed that grasses will soon dominate. Germination occurs with the onset of the late fall rains; growth, flowering, and seed-set occur from winter through spring. With a few exceptions, the plants are dead through the summer-fall dry season, persisting as seeds. On the Veteran's preserve site, annual grasslands and associated forbs dominate areas that are slated for restoration (Dudek 2017). Annual grassland areas on the site are regularly disked by the City. 3.2 Special-Status Plant Species Within the Veteran's Park preserve, no special-status plant species were observed. Rare plant surveys were not conducted within the preserve because a majority of the preserve is regularly disked to prevent exotic/invasive species encroachment into the adjacent open space areas. Areas proposed for restoration, associated with the Project, are either regularly disked or are considered disturbed due to over 80% invasion by non-native species, such as black mustard (Brassica nigra). Coastal sage scrub vegetation communities are present adjacent to proposed restoration areas, but no special-status plants species were observed during reconnaissance site visits. 3.3 Special-Status Wildlife Species No HMP-covered wildlife species were detected during reconnaissance surveys conducted at the Veteran's Park preserve area. However, the federally threatened/HMP-covered coastal California gnatcatcher has been observed on adjacent parcels, and is presumed to use the coastal sage scrub portions of the site for dispersal, foraging, and breeding. 3.4 Threats Threats to the native species and habitats present within the preserve could result primarily from adverse "edge effects" from the maintained public trail. Edge effects may include trampling by humans traveling off trail, invasion by exotic plants and animals, exposure to urban pollutants (fertilizers, pesticides, herbicides, and other hazardous materials), increase or decrease in natural fire regime, soil erosion, and hydrologic changes (e.g., surface and groundwater level and quality). DUDEK 8 8058 June 2018 March 26, 2019 Item #5 Page 149 of 212 Preserve Management Plan for the Veteran's Park Preserve Non-native plant species pose a significant threat to the preserve. Annual grasslands adjacent to the preserve support non-native annual weed species, which could contribute non-native seed to the preserve, if the site is not disked prior to the development of seeds. Invasions from invasive non-native species such as mustard and star thistle (Centaurea melitensis) are likely to occur. The land manager will continue to work with the City of Carlsbad and any other relevant 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 contingency funds that have been established through the endowment. DUDEK 9 8058 June 2018 March 26, 2019 Item #5 Page 150 of 212 DUDEK Preserve Management Plan for the Veteran's Park Preserve INTENTIONALLY LEFT BLANK 10 8058 June 2018 March 26, 2019 Item #5 Page 151 of 212 Preserve Management Plan for the Veteran's Park Preserve 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 2007), Section F(2) and F(3) of the Carlsbad HMP (City of Carlsbad 2004 ), the City of Carlsbad Preserves (CNLM and Tierra Data Inc. 2016), 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. 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), and restoration of the agricultural and disturbed habitat to coastal sage scrub (Figure 4). The mitigation/restoration is discussed in detail in the Final Conceptual Restoration Plan for the Poinsettia Project (Dudek 2017), 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 detailed in this 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 1: Maintain post-mitigation restoration and open space areas, including approximately 3.1 acres of Diegan coastal sage scrub, to provide habitat for species in perpetuity. Objective 1.1: Evaluate threats to native vegetation communities by monitoring changes over time. Use monitoring results to prioritize and implement a management strategy. Within the first year of management, general vegetation and wildlife surveys shall be conducted to establish baseline conditions. This task shall be accomplished within a scheduled monthly DUDEK 11 8058 June 2018 March 26, 2019 Item #5 Page 152 of 212 Preserve Management Plan for the Veteran's Park Preserve monitoring visit and shall be conducted by a qualified biologist. The preserve will be visually inspected for changes in non-native cover, pest infestations, habitat damage, 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. 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 1 inch= 100 feet 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 four 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. • Three, 25-meter-long permanent point-intercept transects will be established in the preserve areas and mapped with a GPS. The location of the transects shall be determined randomly, but shall be distributed throughout each of the upland and riparian vegetation communities present. In addition, all plant species present within 2.5-meter of the 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. DUDEK 12 8058 June 2018 March 26, 2019 Item #5 Page 153 of 212 Preserve Management Plan for the Veteran's Park Preserve ASMD 1.1.2 Post-Fire Monitoring Post-fire monitoring will be conducted per the established post-fire protocol, based on the Blossom Valley Habitat Conservation Area Postfzre Monitoring (Tierra Data Inc. 2005). Post- fire monitoring will be conducted annually for five years following any fire that occurs in the preserve, using the following approach: • 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 point- intercept transects. The location of the transects shall be determined randomly but shall be distributed throughout burned areas. In addition, all plant species present within 2.5- meter of the 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 each year during the post-fire monitoring period. • Monitor the trajectory of recovery to determine if succession is proceeding m 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 fuel condition. • 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 existing City trail (Figure 5). However, unauthorized access to the preserve area is easily accomplished at this time. Recreational uses adjacent to the preserve are proposed to be uninterrupted by the establishment of the preserve. Threats from continued and frequent adjacent public use may cause impacts to native habitat from trampling, unauthorized trails, trash and dumping, and impacts to wildlife from unleashed dogs. DUDEK 13 8058 June 2018 March 26, 2019 Item #5 Page 154 of 212 Preserve Management Plan for the Veteran's Park Preserve 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 identified by the land manager. 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. Four small (14 inches by 20 inches) aluminum signs displaying pertinent restrictive information, such as "Habitat Conservation Area," "No Trespassing," and "No brush management activities beyond this sign" will be installed on posts at potential public access points. Initial installation of signs and replacement will be the responsibility of the Preserve Manager. 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 contingency funds that have been established through the endowment. 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. Any signs of human trespassing will be noted. 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. • Trail maintenance, fencing, signage, and kiosks will be the responsibility of the City Parks and Recreation 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 1.3: Control invasive non-native plant species to provide for the continued health and persistence of native vegetation communities Currently, invasive, non-native plants are a consistent problem within much of the adjacent preserve. Invasion by non-native species should be lessened through the mitigation/restoration DUDEK 14 8058 June 2018 March 26, 2019 Item #5 Page 155 of 212 Preserve Management Plan for the Veteran's Park Preserve program, since non-natives within the mitigation/restoration areas will be controlled for five consecutive years. 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-lPC 2013) or species that are known locally to be a potential threat. ASMD 1.3 Weed Control Prioritization of and methodology of invasive species control will be consistent with the San Diego Management and Monitoring Program (SDMMP) Invasive Plant Strategic Plan (ISPS) (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, black mustard (Brassica nigra), fennel (Foeniculum vulgare) and castor bean (Ricinus communis). 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. Table 2 Locally 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 glauca incana Russian thistle Sa/sofa tragus Radish Raphanus sativus Yellow star thistle Centaurea so/stitialis Crown daisy Glebionis coronaria Maltese star thistle Centaurea me/itensis Pampas grass Cortaderia selloana Veldt grass Ehrharta longiflor; Ehrharta ice plant, hottentot-fig Carpobrotus spp.; calycina Mesembryanthemum spp. Globe chamomile Oncosiphon pi/u/iferum 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 DUDEK 15 8058 June 2018 March 26, 2019 Item #5 Page 156 of 212 Preserve Management Plan for the Veteran's Park Preserve herbicides according to the most current Integrated Pest Management (1PM) 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, of 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. 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. • 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. DUDEK 16 8058 June 2018 March 26, 2019 Item #5 Page 157 of 212 Preserve Management Plan for the Veteran's Park Preserve • 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 City. 4.1.2 Long-Term Native Species Management and Monitoring Goal 2a: Sustain populations and diversity of native plants and wildlife, including special status species, at or above baseline levels. Objective 2.1: Implement management and monitoring to protect native habitats, ensure the persistence of special status plants and animals, and reduce or eliminate threats to any special status species. No HMP-covered plant species were observed on site. Although the California gnatcatcher was not observed on site during reconnaissance surveys, suitable habitat for the California gnatcatcher is present throughout the preserve, therefore it is assumed there is a high potential for California gnatcatcher to use the site 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. Signs of loss or degradation to any 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 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 monitoring 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. • 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 lO(a) DUDEK 17 8058 June 2018 March 26, 2019 Item #5 Page 158 of 212 Preserve Management Plan for the Veteran's Park Preserve 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 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 (TAlC 2009). 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. 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. • 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 1 a: 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. Objective 1.1: Implement management and monitoring to protect native habitats and wildlife movement corridors. ASMD 1.1.1 Outreach Program • The Preserve Manager will develop an education program and/or hand-out materials targeted at recreational users and the residence/HOAs of adjacent neighborhoods and may attend board meetings occasionally as necessary to discuss issues related to unauthorized access, fencing, erosion, etc. • 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 and maintain 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 ). DUDEK 18 8058 June 2018 March 26, 2019 Item #5 Page 159 of 212 Preserve Management Plan for the Veteran's Park Preserve 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. If a fire occurs within the open space preserve, either burning all or a portion of the site, the vegetation will be allowed to naturally regenerate. No fire management is anticipated for the preserve. Fire is a naturally occurring event that produces healthy vegetation. 4.3.1 Fire Management Goals Goal 1 a: 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 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 DUDEK 19 8058 June 2018 March 26, 2019 Item #5 Page 160 of 212 Preserve Management Plan for the Veteran's Park Preserve 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, the Preserve Manager shall develop a rigorous non-native, invasive species removal program to prevent encroachment from non-native, invasive species into burn areas. • Using monitoring results, the Preserve Manager in consultation with the City shall 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 have 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 placed at the bottom of slopes, and along the low points of the burn areas bordering native habitat to serve as erosion control protection. DUDEK 20 8058 June 2018 March 26, 2019 Item #5 Page 161 of 212 Preserve Management Plan for the Veteran's Park Preserve 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 detected at the Veteran's Park preserve during a site visit in October 2017. Coastal sage scrub habitat on site is dominated by California sagebrush, a plant species preferred by the coastal California gnatcatcher for 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 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 General biological assessments Site patrol and general management and monitoring Habitat monitoring, including fixed photos point Vegetation mapping/revisions, including quantitative cover assessments California gnatcatcher protocol survey Wildlife movement monitoring and management Exotic/invasive species control Trash removal, fence and sign repair Post-fire monitoring/management, DUDEK Timing Monthly Monthly Annually Once at beginning of long-term, and every 5 years. Annually for 3 years; every 9 years thereafter As needed during monthly site visits Twice annually As needed during monthly visits As needed 21 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 1 0(a) permit Preserve Manager or qualified staff Preserve Manager or qualified staff Preserve Manager or qualified staff Preserve Manager or qualified staff 8058 June 2018 March 26, 2019 Item #5 Page 162 of 212 Task habitat restoration/enhancement, erosion repair, etc. Public awareness and outreach Annual report DUDEK Preserve Management Plan for the Veteran's Park Preserve Table 3 Preserve Management Task Summary Timing Staff Type Once annually based on communication Preserve Manager or qualified staff with City, and as needed Once annually 22 Preserve Manager or qualified staff 8058 June 2018 March 26, 2019 Item #5 Page 163 of 212 Preserve Management Plan for the Veteran's Park Preserve 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. The-City of Carlsbad expects that management and monitoring will occur through an adaptive approach. Information gained through monitoring will influence the City's management decisions regarding the next steps in the adaptive process. This approach acknowledges the lack of complete understanding of a system while at the same time recognizing the need to begin management activities. Adaptive management is a mechanism to learn more about the system since controlled experiments may not be a biologically or economically reasonable option before management action is necessary. Targeted measurement of key environmental and biological variables before and after the management action can provide insight into the effects of actions at a particular site. These actions can then be adapted to optimize the achievement of management goals. The trigger for a change in the management approach occurs when results have not achieved the desired goal within a specified time frame. The assumptions underlying management goals must be stated explicitly and considered as hypotheses to be tested through monitoring programs that are, in effect, management experiments. The City will continue to use explicit models for experiments, observational studies, and adaptive management to implement management actions and test a priori assumptions. An adaptive management strategy will be used to learn and to evolve the management/monitoring program by evaluating the effects of management actions and using th.is information to re-evaluate goals, objectives, and priorities according to Section 4.3.8 ofthe City of Carlsbad Preserves 2017- 2021 Preserve Management Plan (CNLM and Tierra Data 2016), as summarized below: • Analysis and interpretation of the information gathered from the site will be viewed in context with results from other preserve areas as appropriate. • The management plan will be updated every five years in order to re-evaluate goals, objectives and ASMDs. • Only qualified staff will be selected to implement preserve management. Qualifications include a strong biology/ecology background, the ability to review the scientific literature DUDEK 23 8058 June 2018 March 26, 2019 Item #5 Page 164 of 212 Preserve Management Plan for the Veteran's Park Preserve and conduct scientifically rigorous field studies, and skills to coordinate with the research community for management support. • Sound record keeping will provide the support for any changes that occur and will document when conditions continue to be stable. 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). DUDEK 24 8058 June 2018 March 26, 2019 Item #5 Page 165 of 212 Preserve Management Plan for the Veteran's Park Preserve 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. Preserve Management entities are required to report annually to the City of Carlsbad, which in turn, summarizes management activities and prepares an annual report to the wildlife agencies. This commitment achieves the conservation goals of the Carlsbad HMP and the MHCP through complying with reporting requirements, report updating, and regular and effective communication and coordination. The schedule and process for meetings and reporting are detailed: I. Compliance monitoring. Is the PMP being implemented according the conditions, policies, and guidelines established therein? 2. Effectiveness monitoring. Is the management of the preserve conserving the species and habitats as expected? a. Submit an Annual Work Plan and Annual Report each year. A draft Annual Work Plan is due October 15 and a draft Annual Report is due November 15 to the Preserve Steward, City, and Wildlife Agencies for review and comment, and the final Work Plan and Annual Report is due by December 15. The Annual Report will summarize the activities accomplished during the year and any management and monitoring recommendations. The Annual Work Plan will outline the planned monitoring and management actions for the year and include a prioritization of specific management needs and ASMDs to be implemented in the adaptive management context (see the OSMP [2016] for required content and format). The annual update will be reviewed by the Wildlife Agencies and Preserve Steward, and be available for public review and comment. b. Attend monthly meetings with City staff to summarize work activities, discuss issues and determine management solutions. c. Attend the Quarterly Carlsbad Preserve Managers meeting to facilitate coordination among preserve areas/managers, to share ideas, address common problems, identify funding/grant opportunities, etc. Attendance is required of Preserve Managers and the Preserve Steward. Invited attendees include the City, Coastal Commission, Wildlife Agencies, and public (key City and Wildlife Agency staff may be required for certain issues). d. Maintain frequent communication between Preserve Steward and Preserve Managers ( ongoing as needed) by phone, e-mail, or in the field. Report emergency/critical issues to the City, Wildlife Agencies and/or Coastal Commission as needed (Preserve Manager and/or Steward to report depending on severity of issue). DUDEK 25 8058 June 2018 March 26, 2019 Item #5 Page 166 of 212 Preserve Management Plan for the Veteran's Park Preserve 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 A). 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. DUDEK 26 8058 June 2018 March 26, 2019 Item #5 Page 167 of 212 Preserve Management Plan for the Veteran's Park Preserve 7 LITERATURE CITED California Department of Fish and Game (CDFG). 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. California Invasive Plant Council (Cal-IPC). 2013. California Invasive Plant Inventory. Berkeley, California. www.cal-ipc.org/paf. City of Carlsbad. 1999. Habitat Management Plan for Natural Communities in the City of Carlsbad. Finalized in 2004. City of Carlsbad. 2004. Habitat Management Plan for Natural Communities within the City of Carlsbad, as amended. Planning Department. November 2004. City of Carlsbad. 2017. Poinsettia 61 Proposed HMP Minor Amendment-Consistency Findings. Center for Natural Lands Management (CNLM) and Tierra Data Inc. 2016. City of Carlsbad Preserves, 2017-2021 Preserve Management Plan. August 2016. Dudek. 2017. Final Conceptual Restoration Plan for the Poinsettia Project. Carlsbad, California. October 2017. Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame-Heritage Program. California Department of Fish and Game. San Diego Association of Governments (SAND AG). 2003. Final MHCP Biological Monitoring and Management Plan-Volume III. March, 2003. San Diego Management and Monitoring Program (SDMMP) and The Nature Conservancy. 20 I 7. Management and Monitoring Strategic Plan for Conserved Lands in Western San Diego County: A Strategic Habitat Conservation Roadmap. San Diego Association of Governments (SANDAG). Sawyer, J.O., T. Keeler-Wolf, and J. Evens. 2009. A Manual of California Vegetation. 2nd edition. Sacramento, California. California Native Plant Society. Technology Associates (TAIC). 2009. Guidelines for Preserve Management. Prepared for the City of Carlsbad Planning Department. July 2009. DUDEK 27 8058 June 2018 March 26, 2019 Item #5 Page 168 of 212 Preserve Management Plan for the Veteran's Park Preserve Tierra Data Inc. 2005. Blossom Valley Habitat Conservation Area Post fire Monitoring and Management Strategy. Prepared for the Center for Natural Lands Management. U.S. Department of Agriculture (USDA). 2017. Web Soil Survey. USDA Natural Resources Conservation Service, Soil Survey Staff http://websoilsurvey.nrcs.usda.gov/. U.S. Fish and Wildlife Service (USFW). 1997. "Coastal California Gnatcatcher (Polioptila californica californica) Presence/Absence Survey Guidelines." Carlsbad, California. USFWS. February 28, 1997. DUDEK 28 8058 June 2018 March 26, 2019 Item #5 Page 169 of 212 Figure l. Regional Map DUDEK Preserve Management Plan for the Veteran's Park Preserve June 2018 March 26, 2019 Item #5 Page 170 of 212 Preserve Management Plan for the Veteran's Park Preserve Figure 2. Vicinity and HMP Existing Conditions Map DUDEI< June 2018 March 26, 2019 Item #5 Page 171 of 212 Preserve Management Plan for the Veteran's Park Preserve Figure 3. HMP Planning Area and Proposed Preserve DUDEK June 2018 March 26, 2019 Item #5 Page 172 of 212 Preserve Management Plan for the Veteran's Park Preserve Figure 4. Restoration On-Site Map -Veteran's Park Preserve DUDEK June 2018 March 26, 2019 Item #5 Page 173 of 212 DUDEK Preserve Management Plan for the Veteran's Park Preserve INTENTIONALLY LEFT BLANK 36 8058 June 2018 March 26, 2019 Item #5 Page 174 of 212 APPENDIX A Cumulative List of Vascular Plant Species Observed -Veteran's Restoration Area/Preserve March 26, 2019 Item #5 Page 175 of 212 APPENDIX A Cumulative List of Vascular Plant Species Observed On Site VASCULAR PLANT SPECIES LYCOPODIAE SELAGINELLACEAE -SPIKE-MOSS FAMILY Selaginella cinerascens -mesa spike-moss POL YPODIALES PTERIDACEAE-BRAKEFAMILY Pentagramma triangularis-fem ANGIOSPERMAE (DICOTYLEDONS) ADOXAE-MUSKROOTFAMILY Sambucus nigra ssp. caerulea -blue elderberry AIZOACEAE-CARPET-WEED FAMILY * * Carpobrotus edulis-hottentot-fig Mesembryanthemum crystallinum -crystal ice plant AMARANTHACEAE-AMARANTH FAMILY * Amaranthus a/bus -white tumbleweed ANACARDIACEAE-SUMACFAMILY Malosma laurina -laurel sumac Rhus integrifolia -lemonade berry Toxicodendron diversilobum -poison-oak APIACEAE-CARROT FAMILY * Foeniculum vulgare -sweet fennel ASTERACEAE-SUNFLOWERFAMILY Amblyopappus pusillus -pineapple weed Ambrosia psilostachya -western ragweed Artemisia californica -coastal sagebrush Baccharis pilularis -coyote brush * * * * Baccharis salicifolia -mulefat Carduus pycnocephalus -Italian thistle Centaurea melitensis -tocalote Cirsium occidentale -cobwebby thistle Cirsium vulgare -bull thistle DUDEK A-1 8058 June 2018 March 26, 2019 Item #5 Page 176 of 212 * * * * * * * * APPENDIX A (Continued) Corethrogyne filaginifolia-California sand aster Deinandrafasciculata [=Hemizoniaf.] -fascicled tarweed Encelia californica -California bush sunflower Erigeron canadensis-Canadian horseweed Eriophyllum confertiflorum -long-stem golden yarrow Fi/ago gallica -narrow-leaf filago Glebionis coronaria -crown daisy Gnaphalium bicolor -bicolor cudweed Gnaphalium californicum -California everlasting Grindelia camporum -ray less gumplant Hazardia squarrosa ssp. grindelioides -saw-toothed goldenbush Helminthotheca echioides -bristly oxtongue Heterotheca grandiflora -telegraph weed Hypochaeris glabra-smooth cat's ear Isocoma menziesii -goldenbush Lactuca serriola -prickly lettuce Lasthenia gracilis --common goldfields Pseudognaphalium biolettii -bicolor cudweed Pseudognaphalium californicum -ladies' tobacco Senecio californicus -California butterweed Sonchus asper -spiny sowthistle Sonchus oleraceus -common sow-thistle Stephanomeria diegensis -San Diego wreathplant Taraxacum officinale -common dandelion BORAGINACEAE -BORA GE FAMILY Amsinckia menziesii --fiddleneck Cryptantha clevelandii -Cleveland's cryptantha Heliotropium curassavicum -wild heliotrope Plagiobothrys collinus -San Diego popcorn flower BRASSICACEAE -MUST ARD FAMILY * * * * * Brassica nigra -black mustard Hirschfeldia incana -short-podded mustard Lobularia maritima -sweet alyssum Raphanus sativus -radish Sisymbrium irio-London rocket CACTACEAE-CACTUS FAMILY Cylindropuntia prolifera -coast cholla DUDEK A-2 8058 June 2018 March 26, 2019 Item #5 Page 177 of 212 * APPENDIX A (Continued) Opuntiaficus-indica-Indian-fig Opuntia littoralis -coastal prickly-pear CAPPARACEAE-CAPER FAMILTY Isomeris arborea -bladderpod CARYOPHYLLACEAE -PINK FAMILY * * Cardionema ramosissimum -tread lightly Silene gallica -common catchfly Stellaria media -common chickweed CHENOPODJACEAE-GOOSEFOOT FAMILY * * Chenopodium album -lambs quarters Salsola tragus -Russian-thistle CISTACEAE -ROCK-ROSE FAMILY Helianthemum scoparium -peak rush-rose CONVOL VULACEAE--MORNING-GLORY FAMILY Calystegia macrostegia --morning-glory Cuscuta sp. --dodder Dichondra occidentalis -western ponysfoot CRASSULACEAE-STONECROP FAMILY Crassula connata -pygmy-weed Dudleya lanceolata -lanceleaf dudleya CUCURBITACEAE-GOURD FAMILY Marah macrocarpa -Cucamonga manroot EUPHORBIACEAE-SPURGE FAMILY * * Chamaesyce albomarginata -rattlesnake spurge Euphorbia pep/us -petty spurge Ricinus communis -castor-bean FABACEAE-PEAFAMILY * * * * Acacia sp. -acacia Acmispon glaber -deerweed Lupinus bicolor -miniature lupine Medicago polymorpha -burclover Melilotus a/bus -white sweet-clover Melilotus indicus -annual yellow sweetclover DUDEK A-3 8058 June 2018 March 26, 2019 Item #5 Page 178 of 212 APPENDIX A (Continued) GENTIANACEAE-GENTIAN FAltllLY Centaurium venustum -canchalagua GERANIACEAE-GERANIUM FAltllLY * * Erodium botrys -longbeak stork's bill Erodium cicutarium -redstem stork's bill GROSSULARIACEAE-GOOSEBERRY FAMILY Ribes speciosum -fuchsia flowered gooseberry HYDROPHYLLACEAE-WATERLEAF FAMILY Phaceila cicutaria-caterpillar phacelia HY ACINTHACEAE-HY ACINTH FAMILY Chlorogalum parviflorum -soap plant LAMIACEAE-MINT FAltllLY * Marrubium vulgare --horehound Salvia mellifera -black sage MAL VACEAE -MALLOW FAltllLY * Malacothamnus fasciculatus -mesa bushmallow Malva parviflora -cheeseweed mallow MYOPORACEAE-MYOPORUM FAMILY * Myoporum laetum -myoporum MYRSINACEAE-MYRSINE FAltllLY * Lysimachia arvensis -scarlet pimpernel ONAGRACEAE -EVENING-PRIMROSE FAMILY Camissonia bistorta -California sun cup OXALIDACEAE-OXALIS FAMILY * Oxalis pes-caprae -Bermuda buttercup PAEONIACEAE-PEONY FAMILY Paeonia californica -California peony DUDEK A-4 8058 June 2018 March 26, 2019 Item #5 Page 179 of 212 APPENDIX A (Continued) PAPAVERACEAE-POPPYFAMILY Eschscholzia californica --California poppy PHR Y.MACEAE -LOPSEED FAMILY Mimulus aurantiacus---orange bush monkeyflower PLANTAGINACEAE-PLANTAIN FAMILY Plantago erecta -dot-seed plantain POLYGONACEAE-BUCKWHEAT FAMILY Eriogonum fasciculatum --buckwheat * Rumex crispus-curly dock ROSACEAE-ROSEFAMILY Heteromeles arbutifolia -toyon SOLANACEAE-NIGHTSHADEFAMILY * Datura wrightii-westemjimsonweed Nicotiana glauca -tree tobacco Solanum parishii-Parish's 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) AGA VACEAE-AGA VE FAMILY Yucca schidigera-Mojave yucca IRIDACEAE-JRIS FAMILY Sisyrinchium helium -blue-eyed-grass POACEAE-GRASS FAMILY * Avena fatua-wild oat DUDEK A-5 8058 June 2018 March 26, 2019 Item #5 Page 180 of 212 * * * * * * * * * * * APPENDIX A (Continued) Brachypodium distachyon -purple falsebrome Bromus diandrus -ripgut grass Bromus hordeaceus -soft chess Bromus madritensis ssp. Rubens -red brome Cortaderia selloana -pampas grass Cynodon dactylon -Bermuda grass Elymus condensatus -giant wildrye Festuca myuros-rat-tail fescue Hordeum marinum ssp. gussoneanum -Mediterranean barley Hordeum murinum -glaucous foxtail barley Schismus barbatus -Mediterranean schismus Stipa pulchra -purple needlegrass Vulpia myuros-rattail fescue THEMIDACEAE-BRODIAEA FAMILY Dichelostemma capitatum -bluedicks * signifies introduced (non-native) species DUDEK A-6 8058 June 2018 March 26, 2019 Item #5 Page 181 of 212 APPENDIX B Cumulative List of Wildlife Species Observed - Veteran's Restoration Area/Preserve March 26, 2019 Item #5 Page 182 of 212 APPENDIX B Cumulative List of Wildlife Species Observed On Site WILDLIFE SPECIES-VERTEBRATES REPTILES IGUANIDAE-IGUANID LIZARDS Sceloporus occidentalis -western fence lizard BIRDS COLUMBIDAE-PIGEONS AND DOVES Zenaida macroura -mourning dove TROCIHLIDAE -HUMMINGBIRDS Archilochus colubris -ruby-throated hummingbird Calypte anna-Anna's hummingbird TYRANNIDAE-TYRANT FLYCATCHERS Sayornis nigricans -black phoebe CORVIDAE -JAYS AND CROWS Aphelocoma califomica -western scrub-jay Corvus brachyrhynchos -American crow TROGLODYTIDAE-WRENS Troglodytes aedon -house wren TIMALIIDAE -LAUGHING-THRUSH AND WRENTIT Chamaeafasciata-wrentit MIMIDAE -THRASHERS Mimus polyglottos -northern mockingbird Toxostoma redivivum -California thrasher EMBERIZIDAE-BUNTINGSANDSPARROWS Pipilo crissalis -California towhee FRINGILLIDAE-FINCHES Carpodacus mexicanus -house finch Carduelis psaltria -lesser goldfinch * signifies introduced (non-native) species DUDEK 8-1 8058 June 2018 March 26, 2019 Item #5 Page 183 of 212 APPENDIX B (Continued) INTENTIONALLY LEFT BLANK DUDEK B-2 8058 June 2018 March 26, 2019 Item #5 Page 184 of 212 APPENDIX C Property Analysis Record (PAR) for the Veteran's Park Preserve March 26, 2019 Item #5 Page 185 of 212 Section 1 -Property Information Property Title: Poinsettia 61 Offsite Veterans 3.20.2018 Location/Jurisdiction County Address San Diego City, State, Zip Carlsbad, CA Conserved Acres 3.1 Management type Conservation Easement Date Created 01/23/2018 11 :25:29 AM Prepared for Lennar Homes Prepared by J. Timberlake Dudek Project Management Information Contact Company Address City, State, Zip Phone Fax E-Mail address Cost Year Date of site visit: 2023 PAR ID: POIN61_V Last Modified: 01/23/2018 Developer/Proponent Information Contact Company Address City, State, Zip Phone Fax E-Mail address Development Project Project Name Poinsettia 61 Offsite Veterans Total Project Acres O Stage of planning Notes Based on the March 2018 Preserve Management Plan for the Veterans Park Preserve, Poinsettia 61 Project Exported by ADMIN on 3/20/18 C:\PARTEMP\ADMIN\P3export_POIN61_223_20171103134434.ZIP Exported by ADM IN on 11/03/2017 C:\P3export_POIN61_223_20171103135015.ZIP Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management www.cnlm.org 03/20/2018 Sect.1 Page 1 March 26, 2019 Item #5 Page 186 of 212 Section 14 -Initial & Capital Tasks and Costs Property Title: Poinsettia 61 Offsite Veterans 3.20.2018 PAR ID: POIN61~V 03/20/2018 Task Specific Cost/ Annual Times Cont Total List Description Unit Quantity Unit Cost Years % Cost BIOTIC SURVEYS Annual Monitoring Transects L. Hours 3.00 115.00 345.00 1.0 10.0 379.50 General Wildlife Surveys General Surveys; camera L. Hours 8.00 55.50 444.00 1.0 10.0 488.40 Plant Ecologist Vegetation Mapping & L. Hours 2.00 115.00 230.00 1.0 10.0 253.00 Wildlife Biologist CAGN Surveys L. Hours 10.00 115.00 1,150.00 1.0 10.0 1,265.00 Wildlife Biologist CAGN Surveys (Yr 2 only) L. Hours 10.00 115.00 1,150.00 1.0 10.0 1,265.00 Wildlife Biologist CAGN Surveys (Yr 3 only) L. Hours 10.00 115.00 1,150.00 1.0 10.0 1,265.00 Sub-Total 4,915.90 GENERAL MAINTENANCE Hauling, Truck Truckload Item 2.00 65.00 130.00 1.0 10.0 143.00 Project Management Monthly Inspection; L. Hours 12.00 115.00 1,380.00 1.0 10.0 1,518.00 Sanitation Control Collection And Disposal L. Hours 2.00 35.00 70.00 1.0 10.0 77.00 Sub-Total 1,738.00 HABITAT MAINTENANCE Exotic Plant Control Herbicide 41 % Con.Rndup Gallon 1.00 120.00 120.00 1.0 10.0 132.00 Exotic Plant Control Weed Control (2x year) L. Hours 16.00 50.00 800.00 1.0 10.0 880.00 Exotic Plant Control Supervision L. Hours 4.00 110.00 440.00 1.0 10.0 484.00 Sub-Total 1,496.00 OPERATIONS Audit CPA Audit L. Hours 2.00 80.00 160.00 1.0 10.0 176.00 Budgeting Budget & Reconcile L. Hours 1.00 125.00 125.00 1.0 10.0 137.50 Contracts Produce Contracts L. Hours 2.00 125.00 250.00 1.0 10.0 275.00 Insurance General liability Item 1.00 200.00 200.00 1.0 10.0 220.00 Insurance Professional Liability Item 1.00 200.00 200.00 1.0 10.0 220.00 Project Accounting Book Keeping L. Hours 2.00 125.00 250.00 1.0 10.0 275.00 Travel Mileage Miles 100.00 0.55 55.00 1.0 10.0 60.50 Sub-Total 1,364.00 PUBLIC SERVICES Management Manager meetings, etc L. Hours 12.00 115.00 1,380.00 1.0 10.0 1,518.00 Sign, Aluminum Aluminum 12" X 12" Item 4.00 15.00 60.00 1.0 10.0 66.00 Sub-Total 1,584.00 REPORTING Annual Reports Summary L. Hours 8.00 115.00 920.00 1.0 10.0 1,012.00 Database Management Data Input L. Hours 2.00 115.00 230.00 1.0 10.0 253.00 Photodocumentation Field Survey L. Hours 1.00 115.00 115.00 1.0 10.0 126.50 Sub-Total 1,391.50 SITE CONSTRUCTION/MAINT. Fence Maintenance L. Hours 8.00 50.00 400.00 1.0 10.0 440.00 Fence, 4' X 6' X 6' Post & 1 /2" Cable Lin. Ft. 1,000.00 9.00 9,000.00 1.0 10.0 9,900.00 Sub-Total 10,340.00 Subtotal 22,829.40 Administration 2,921.43 Total 25,750.83 Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management www.cnlm.org March 26, 2019 Item #5 Page 187 of 212 Section 15 -Ongoing Tasks and Costs Property Title: Poinsettia 61 Offsite Veterans 3.20.2018 PAR ID: POIN61_ V 03/20/2018 Task Specific Number Cost/ Annual Years Cont Total List Description Unit of Units Unit Cost Divide % Cost BIOTIC SURVEYS Annual Monitoring Transects L. Hours 3.00 115.00 345.00 5.0 10.0 75.90 General Wildlife General Surveys; camera L. Hours 8.00 55.50 444.00 1.0 10.0 488.40 Plant Ecologist Vegetation Mapping & L. Hours 2.00 115.00 230.00 5.0 10.0 50.60 Wildlife Biologist CAGN Surveys L. Hours 10.00 115.00 1,150.00 9.0 10.0 140.55 Sub-Total 755.45 GENERAL MAINTENANCE Hauling, Truck Truckload Item 2.00 65.00 130.00 1.0 10.0 143.00 Project Management Monthly Inspection; L. Hours 12.00 115.00 1,380.00 1.0 10.0 1,518.00 Sanitation Control Collection And Disposal L. Hours 2.00 35.00 70.00 1.0 10.0 77.00 Sub-Total 1,738.00 HABITAT MAINTENANCE Erosion Control Labor Only L. Hours 8.00 50.00 400.00 3.0 10.0 146.66 Erosion Control Punched Straw Acre 0.50 2,250.00 1,125.00 3.0 10.0 412.50 Erosion Control Silt Fence Lin. Ft. 8.00 14.00 112.00 3.0 10.0 41.06 Exotic Plant Control Herbicide 41 % Gallon 1.00 120.00 120.00 1.0 10.0 132.00 Exotic Plant Control Weed Control (2x year) Hour 16.00 50.00 800.00 1.0 10.0 880.00 Exotic Plant Control Supervision Not 4.00 110.00 440.00 1.0 10.0 484.00 Sub-Total 2,096.23 OPERATIONS Audit CPA Audit L. Hours 2.00 80.00 160.00 1.0 10.0 176.00 Budgeting Budget & Reconcile L. Hours 1.00 125.00 125.00 1.0 10.0 137.50 Contracts Produce Contracts L. Hours 2.00 125.00 250.00 5.0 10.0 55.00 Insurance General Liability Item 1.00 200.00 200.00 1.0 10.0 220.00 Insurance Professional Liability Item 1.00 200.00 200.00 1.0 10.0 220.00 Project Accounting Book Keeping L. Hours 2.00 125.00 250.00 1.0 10.0 275.00 Travel MIieage Miles 100.00 0.54 54.00 1.0 10.0 59.41 Sub-Total 1,142.91 PUBLIC SERVICES Management Manager meetings, etc Not 12.00 115.00 1,380.00 1.0 10.0 1,518.00 Sign, Aluminum Aluminum 12' X 12' Item 4.00 15.00 60.00 7.0 10.0 9.42 Sub-Total 1,527.42 REPORTING Annual Reports Summary L. Hours 6.00 115.00 690.00 1.0 10.0 759.00 Database Management Data Input L. Hours 2.00 115.00 230.00 1.0 10.0 253.00 Management Plan Plan Update L. Hours 40.00 115.00 4,600.00 5.0 10.0 1,012.00 Photodocumentation Field Survey L. Hours 1.00 115.00 115.00 1.0 10.0 126.50 Sub-Total 2,150.50 SITE CONSTRUCTION/MAINT. Fence Maintenance L. Hours 8.00 50.00 400.00 1.0 10.0 440.00 Fence, 4' X 6' X 6' Post & 1/2" Cable Lin. Ft. 500.00 9.00 4,500.00 7.0 10.0 707.14 Sub-Total 1,147.14 Property Analysis Record 3 -Version 1.03 {C) 1999-2008 Center for Natural Lands Management www.cnlm.org March 26, 2019 Item #5 Page 188 of 212 Section 15 -Ongoing Tasks and Costs Property Title: Poinsettia 61 Offsite Veterans 3.20.2018 PAR ID: POIN61_ V 03/20/2018 Task List Subtotal Administration Total Specific Description Unit Number of Units Cost/ Unit Annual Years Cont Cost Divide % Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management www.cnlm.org Total Cost 10,557.67 1,249.45 11,807.12 March 26, 2019 Item #5 Page 189 of 212 Section 16 -Financia,l Summary Property Title: Poinsettia 61 Offsite Veterans 3.20.2018 Date: 03/20/2018 1st Budget Year: 2023 State: CA PAR Code: POIN6l_V Initial & Capital Financial Requirements Revenues Management Costs Contingency Expense ----------Initial & Capital Management Total CDsts Adminis~ative Co_sts of Tot~_ Management Costs fnitial &, Capital Grass Coats Initial & f;apital Net Costs Annual Ongoing Financial Requirements Revenues Ongoing Costs Contingenty Expense .. ,... Ongomg Manage.ment :Totl{l '(i]ost, Endowment Requirtme,its Jot Ongoiizg.Stewardsizip Endtn11ment to Prot/jicl! •ome of $1 l_,8()1 Endowment per acre $95,219 Stewardship costs are based on 4.00% of Endowment Eqmings per Year Ongoing management funding per year is $11,807 Resulting in a per acre per year cost of $3,809 Total ~nding Requi.rtd Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center tor Natural Lands Management www.cnlm.org $0 $20,754 $2,075 $Z2,-82-9 $2,921 $2$,751 ~.751 $0 $9,598 $960 $JOJ58 $295,178 $320,929 Sect.16 Page 1 March 26, 2019 Item #5 Page 190 of 212 Section 17: Labor Summary Property Title: Poinsettia 61 Offsite Veterans 3.20.2018 PAR ID: POIN61'--V 03/20/2018 Initial & Capital Ongoing Total Position Description Hours Cost Hours Cost Hours Cost Not Assigned 29.00 3,265.00 17.00 1,609.00 46.00 4,B74.00 Project Manager 4.00 500.00 4.00 300.00 8.00 800.00 Preserve Manager 56.00 5,954.00 70.00 2,697.78 126.00 8,651.78 Ranger 8.00 400.00 8.00 400.00 16.00 800.00 Field Technician 18.00 870.00 10.00 203.33 28.00 1,073.33 Total 115.00 10,989.00 109.00 5,210.11 224.00 16,199.11 Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management www.cnlm.org Sect. 17, Page 1 March 26, 2019 Item #5 Page 191 of 212 EXHIBITD Title Report March 26, 2019 Item #5 Page 192 of 212 ■■NORTH .. AMERICAN .. TITLE ■■COMPANY Like Clockwork I!) Lennar 25 Enterprise # 300 Aliso Viejo , CA 92656 Attention: Alan Chik Amended-10/ 19/2018 Your Ref: 3090 Bristol Street, Suite 190 Costa Mesa, California 92626 Office Phone: (949)419-9481 Office Fax: (714)667-0338 Email: rdean@nat.com Our Order No.: 1431640 Property Address: 212-271-03 Carlsbad, CA Preliminary Report Dated as of October 15, 2018 at 7:30 A.M. In response to the above referenced application for a Policy of Title Insurance, First American Title Insurance Company Hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and limitations on covered risks of said Policy or Policies are set forth in Exhibit A attached. The Policy to be issued may contain an Arbitration Clause. When the amount of insurance is less than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the Parties. Limitations on covered risks applicable to the CL TA and ALT A Homeowner's Policies of Title Insurance which establish a deductible amount and a maximum dollar limit of liability for certain coverages are also set forth in Exhibit A. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of Policy of title insurance contemplated by this report is: AL TA Extended Owner Policy Please note that the America First Homeowner's Policy (CLT A/ ALT A Homeowner's Policy) can only be issued on transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy. Randy Dean, Title Officer Rev. NAT 8/20/13 Page 1 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 193 of 212 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: Fee simple. 2. Title to said estate or interest at the date hereof is vested in: CITY OF CARLSBAD, A MUNICIPAL CORPORATION 3. The Land referred to in this report is situated in the City of Carlsbad, County of San Diego, State of California, described as follows: See attached Legal Description Rev. NAT 8/24/15 Page 2 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 194 of 212 Rev. NAT 8/24/15 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 10 OF CHY OF CARLSBAD TRACT CT 09-03 IN THE cm OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15902 RECORDED MARCH 4, 2013, AS DOCUMENT NO. 2013-0139681. APN: 212-271-03-00 Page 3 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 195 of 212 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows: 1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2017-2018 are exempt. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Water rights, claims or title to water, whether or not shown by the public records. 5. An easement for public road and incidental purposes in the document recorded October 5, 1899 in Book 280 of Deeds, Page 292. - The location of the easement cannot be determined from record information. 6. Easements, Covenants and Conditions contained in the deed from Title Insurance and Trust Company, as Granter, to J. Blair Pace, a married man, as to an undivided 1/5th interest, Edward Weigle, a married man, as to an undivided 1/5th interest, Gerald C. Crary, a married man, as to an undivided 1/5th interest, Max Pace, a married man, as to an undivided 1/5th interest, & Charles Awalt, a married man, as to an undivided 1/5th interest, as Grantee, recorded June 10, 1960 as Instrument No. 118922 of Official Records. Reference being made to the document for full particulars, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 7. The Terms, Provisions and Easement(s) contained in the document entitled "Easement Agreement" recorded January 18, 1961 as Instrument No. 9570 of Official Records. 8. The Terms, Provisions and Easement(s) contained in the document entitled "Agreement and Mutual Easement Deed" recorded March 26, 1964 as Instrument No. 55458 of Official Records. 9. The terms and provisions contained in the document entitled Right of First Refusal and Option To Purchase, executed by and between The City of Carlsbad, a California Municipal corporation and Carlsbad Research Center, a California General Partnership, recorded September 30, 1981, as Instrument No. 81-309929 of Official Records. Affects: The land and other property. 10. The effect of a document entitled "Certified Copy of Resolution No. 2001-182 Dedicating Certain City Owned Real Property for Public Street and Appurtenant Uses for Faraday Avenue PR 990003", recorded September 10, 2001 as Instrument No. 2001-0646854 of Official Records. Rev. NAT 8/24/15 Page 4 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 196 of 212 11. The effect of a document entitled "Certified Copy of Resolution No. 2001-183 Dedicating Certain City Owned Real Property for Public Street and Appurtenant Uses for Faraday Avenue PR 990004", recorded September 10, 2001 as Instrument No. 2001-0646855 of Official Records. 12. The effect of a document entitled "Certified Copy of Resolution No. 2001-184 Dedicating Certain City Owned Real Property for Public Street and Appurtenant Uses for Faraday Avenue PR 990005", recorded September 10, 2001 as Instrument No. 2001-0646856 of Official Records. 13. An easement for temporary slope and construction purposes and incidental purposes, recorded February 15, 2002 as Instrument No. 2002-0135146 of Official Records. In Favor of: Archstone-Smith Operating Trust, a Maryland real estate investment trust Affects: As described therein 14. An easement for water pipeline, appurtenant facilities and incidental purposes, recorded March 18, 2014 as Instrument No. 2014-0105138 of Official Records. In Favor of: San Diego County Water Authority Affects: As described therein 15. Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description. 16. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey. 17. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 18. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 19. With respect to City of Carlsbad, a municipal corporation, we will require copies of the articles of organization, bylaws, and other governing documents and any amendments thereto. Other requirements will be made following a review of such documents. 20. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. ********** END OF REPORT ********** Rev. NAT 8/24/15 Page 5 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 197 of 212 ***** NOTES * * * * * 1. Notice of change in ownership recording procedure Effective July 1, 1985 pursuant to state law as amended January 1, 2011 (Section 480.3 of the Revenue and Taxation Code), all Deeds and other Documents that reflect a change in ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the transferee. If this special report is not presented at the time of recording, an additional recording fee of $20.00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how to complete them, and a non- exclusive list of documents that are affected by this change, are available from the County Recorder's Office or the Office of the County Assessor. 2. GOOD FUNDS LAW Under Section 12413.1 of the California Insurance Code, North American Title Company, Inc. may only make funds available for disbursement in accordance with the following rules: Same day availability. Disbursement on the date of deposit is allowed only when funds are deposited to North American Title Company, Inc. by Cash or Electronic Transfer (Wire). Cash will be accepted only under special circumstances and upon approval by management. Next business day availability. If funds are deposited to North American Title Company, Inc. by cashier's checks, certified checks or teller's checks, disbursement may be on the next business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against a FDIC insured bank). Second business day availability. 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 must be made available to depositors under Federal Reserve Regulation CC. In most cases, these checks will be available on the second business day following deposit. (For further details, consult California Insurance Code Section 12413, et seq. and Regulation CC). These are the minimum periods before funds will be made available. North American Title Company, Inc. is not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the right to require additional time before disbursing on deposited funds. Close of escrow and final disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit union checks, money market checks, travelers checks and official checks until confirmation of final clearance of the funds. North American Title Company will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. 3. North American Title Company, Inc.'s charges for recording the transaction documents include charges for services performed by North American Title Company, Inc., in addition to an estimate of payments to be made to governmental agencies. 4. Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive Rev. NAT 8/24/15 Page 6 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 198 of 212 remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 5. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Rev. NAT 8/24/15 Page 7 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 199 of 212 File Number: 92070-1431640-16 OWNER'S DECLARATION The undersigned Owner(s) of legal age, being duly sworn, deposes and states under penalty of perjury under the laws of the State of California. 1. That certain real property (the"Property") as described in that certain Commitment of Title Insurance/Preliminary Report No. 92070-1431640-16 dated as of May 18, 2016 ("Commitment/Report") issued by or on behalf of North American Title Company, Inc. ("North American Title Company, Inc.") is improved by the following (check all that apply): □ Single family residences □ One-to-four family residences □ Apartment building □ Office building □ Commercial building □ Combination office/commercial building □ Industrial building □ Vacant Land □ Other: 2. WORK OF IMPROVEMENT: Please respond to A, B and C below: A. For the period of 90-days prior to the date of this Affidavit, no repairs or work of improvement has been conducted on, nor any materials supplied to, the Property except as follows: (Enter "None" if such is true.) If you have described any work of improvement above, please complete the following: □ Started on 20 -- □ Completed on 20 -- □ Will be completed on 20 -- Rev. NAT 8/24/15 Page 8 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 200 of 212 B. Cessation of Labor (Please place an "X" by 1 or 2 below): □ □ 1. There has been a cessation of labor where a work of Improvement was discontinued before completion within 150 days of the date of this Affidavit. PLEASE DESCRIBE THE NATURE OF THE WORK THAT DISCONTINUED: 2. There has not been a cessation of labor where a work of improvement was discontinued before completion within 150 days of the date of this Affidavit. C. There are no unpaid bills for labor or material because of any improvements made to the Property except: (Enter "None" if such is true.) 3. No one is in possession of, or has any right to possession of, the Property except: □ □ □ □ Declarant as owner. Tenants based only on month-to-month rental agreements. Tenants based upon existing leases as listed on the Rent Toll attached hereto as Exhibit A and incorporated herein by reference. Other: ____________________ _ 4. No person(s) or entitles, have (i) any options to purchase or rights of first refusal, including but not limited to lessees under any leases referred to in Paragraph 3 above, and/or (ii) easements, licenses, agreements or other rights allowing them to use, encroach on, or access to the Property except (i) as shown in the Commitment/Report, and (ii) (Enter "None" if such is true.) Rev. NAT 8/24/15 Page 9 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 201 of 212 5. Those certain lease(s) shown as exception number(s) in the Commitment/Report have either: (a) expired by their own terms, or (b) if they have not expired, the lessee(s) have vacated the Property and Declarant has been notified of the vacation of the Property either by correspondence from the lessee or by physical inspection of the property. 6. To the best of Declarant's knowledge, there are no unrecorded real property taxes or assessments against the Property. The undersigned is not aware of any release reports or commitment statements which have been issued pertaining to any environmental issues or liens. 7. This Affidavit is given for the purpose of inducing North American Title Company, Inc. and its agents to issue policy(ies) of title insurance which may provide coverage with respect to all matters set forth herein. If North American Title Company, Inc. elects, in its discretion, to (a) accept this Affidavit, and (b) issue title insurance policy(ies) to third parties, North American Title Company, Inc. will do so in material reliance on this Affidavit and the representation and covenants in this Affidavit. 8. Declarant acknowledges that he/she has read this Affidavit, that all the statements made in this Affidavit are true and correct of his/her own actual knowledge, and fully understands the legal aspects of any misrepresentations or untrue statements made in this Affidavit. Declarant, both personally and on behalf of Owner, covenants and agrees to defend, indemnify, and hold North American Title Company, Inc. harmless from and against any and all claims, actions, suits (including arbitration), liabilities, losses, damages, costs, charges, attorney's fees and other expenses of every nature and character as a result of its reliance on this Affidavit. Executed on _______ ___, 20 __ _, at ___________ _____, _________ _ "Declarant" Owner Owner 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 ______________ _ County of ______________ _ (City) (State) Subscribed and sworn to (or affirmed) before me on this __________ day of -------~ 20 __ , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (seal) Signature ______________ _ Rev. NAT 8/24/15 Page 10 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 202 of 212 NORTH AMERICAN TITLE COMPANY 3090 Bristol Street, Suite 190, Costa Mesa, CA 92626 (800)464-6282 Fax: (714)667-0338 Email: rdean@nat.com Closing 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.: 92070-1431640-16 LENDERS SUPPLEMENTAL REPORT Dated as of October 15, 2018 AT 7:30 A.M. Title Officer: Randy Dean The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy of Title Insurance: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116. There is located on said land a Vacant Land Known as: 212-271-03 City of Carlsbad County of San Diego State of California. According 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 Rev. NAT 8/24/15 Page 11 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 203 of 212 Privacy Policy Rev. 05/22/2018 North American Title Grou Famil of Com anies FACTS WHAT DOES NORTH AMERICAN TITLE GROUP, LLC FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal 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 information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and income • Transaction history and payment history • Purchase history and account balances All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information, the reasons North American Title Group, LLC Family of Companies ("NATG") chooses to share, and whether you can limit this sharing. Reasons we can share your personal information Does NATG Can you limit share? this sharing? For our everyday business purposes Yes No Such as t o process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes Yes No To offer our products and services to you For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes Yes No Information about your transactions and experiences For our affiliates' everyday business purposes No We don't share Information about your creditworthiness For our affiliates to market to you Yes Yes For nonaffiliates to market to you No We don't share ~ ·-· re.I~ • Visit the following webpage for full instructions and a link to the Opt Out process via our NATTRACK system: www.nat.com/Opt-Out OR • Mail the form below Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer 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. lib~ Call 1 (844) 654-5408 X.-------------------------------------- Mail-in Form If you have a joint account, your choice(s) will apply to everyone on your account unless you mark below. D Apply my choices only to me. Mail To: Rev. NAT 8/24/15 Mark any/all you want to limit: D Do not allow your affiliates to use my personal information to market to me. Name Address City, State, Zip Account# North American Title Group, LLC Family of Companies ATTN: General Counsel 760 Northwest 107th Avenue, Suite 400 Miami, FL 33172 Page 12 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 204 of 212 Who is providing this notice? What we do How does NATG protect my personal information? How does NATG collect my personal information? Why can't I limit all sharing? What happens when I limit sharing for an account I hold jointly with someone else? Definitions Affiliates Nonafflliates Joint marketing North American ntle Group, LLC Family of Companies (identified below), which offers title insurance and settlement services and property and casualty insurance To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secure files and buildings. We collect your personal information, for example, when you • Apply for insurance; • Apply for financing; • Give us your contact information • Provide your mortgage information • Show your government-issued ID We also collect your personal information from others, 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 nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. 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 affiliat es 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, CalAtlantic Homes, Lennar Sales Corp., SPH Title, Inc., Sunstreet Energy Group, Five Point Communities, WCI Communities, LLC, Watermark Realty Referra l, Inc., and WCI Realty, 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 providers, companies that perform marketing services on our behalf, and consumer reporting agencies. A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • NATG doesn't jointly market. The North American Title Group, LLC Family of Companies consists of t he following entities: North American Title Company North American Title Company, Inc. North American Title Company of Colorado North American Title Insurance Company North American Services, LLC North American Title Agency, Inc. CalAtlantic Title, Inc. CalAtlantic Title of Maryland, Inc. Rev. NAT 8/24/15 Page 13 North American Abstract Agency NASSA, LLC North American Title, LLC North American Advantage Insurance Services, LLC North American National Title Solutions, LLC North American Title Agency, LLC CalAtlantic Title Atlanta, LLC CalAtlantic ntle Charleston, LLC Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 205 of 212 CLTA Preliminary Report Form -Exhibit A (Rev. 05-06-16) CLTA STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy; or (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. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any 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 claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims 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 disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA/ALTA HOMEOWNER'S POLICY 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 resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a building; b. zoning; c. land use; cl 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 Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Lancl This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 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. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Rev. NAT 8/24/15 Page 14 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 206 of 212 Covered Risk I 6: Covered Risk I 8: Covered Risk 19: Covered Risk 21 : Your Deductible Amount I% of Policy Amount Shown in Schedule A or $2,500 ( whichever is less) I% of Policy Amount Shown in Schedule A or $5,000 (whichever is less) I% of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1% of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part II, [ t[ or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of [PART I [Toe above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. ] PART II 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) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion !(a) does not modify or limit the coverage provided under Covered Risk 5. Rev. NAT 8/24/15 Page 15 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 207 of 212 (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown 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, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that 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. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY-ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion ](a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), !3(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, !3(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; {d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 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. Rev. NAT 8/24/15 Page 16 Order No. 92070-1431640-16 March 26, 2019 Item #5 Page 208 of 212 Veterans Park Preserve Figure: Assessor Map 212.27 March 26, 2019 Item #5 Page 209 of 212 TRUE COPY CERTIFICATION (Government Code 27361.7) Place of Execution I certify under penalty of perjury that this material ts a true copy of the original material contained in this document. -~--/ /7 Date Rec.Form #RO 1 (f,cvisccJ 11-15-10) March 26, 2019 Item #5 Page 210 of 212 TRUE COPY CERTIFICATION (Government Code 27361.7) Place of Execution I certify under penalty of perjury that this material 1s a true copy of the original material contained in this document. _L_/_; I] I IJ Date I,ec.Form #H9 1 (i,evised 11-15-10) March 26, 2019 Item #5 Page 211 of 212 d i ~ :a. "' " "; .. '!! s, c,:a11:o ~ 11\ ·,;; \ Ou, I I \ _, %' -; ~ \ ~ ..... 1. \ q_ " -~ 0 ii. ',2 1&Bff cr :I: '/'l'l i'o\iuentt;Jy Mitigation Area Added to Existing City-Owned Preserve Q \,. Legobnd C~lifomla Re!!Ort .., ... Sr,. 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