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Home My WebLink AboutCT 15-01; ; 2022-0262529: CovenantRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) l DOC# 2022-0262529 11111111111111111111111111111111 lllll lllll lllll lllll l\1111111111111111 Jun 24, 2022 03:24 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $446.00 (S82 Atkins: $75.00) PAGES: 120 Space above this line for Recorder's use Assessor's Parcel Number 215-240-36-00 Project Number and Name CT 15-01/PUD 15-03/SDP 15- 02/HDP 15-02/HMP 16-02, Cascada Verde DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF . RESTRICTIVE COVENANTS ("Restrictive Covenant") is made this \ ~day of MWC/2\ , 20 1/1.,,by Lanshire Housing. a California corporation corporation (hereinafter "Declarant"). REC IT A L_S A. Declarant is the developer of that certain real property in Carlsbad, County of San Diego, State of California, commonly referred to as Cascada Verde, CT 15-01/PUD 15-03/SDP 15- 02/HDP 15-02/HMP 16-02• (the "Project"f B. Declarant is the sole owner in fee simple of those portions of the Project, specifically Parcel A and Parcel B, located in the City of Carlsbad, County of San Diego, State of California and as further described in legal descriptions attached hereto as Exhibit "A" and depicted on Exhibit "B" and attached hereto and incorporated by this reference (the "Restricted Property"), which consists of approximately 0. 73 acre. C. This Restrictive Covenant provides mitigation for certain impacts of the Project, pursuant to requirements of Condition Nos. 5, 28, and 30 of City of Carlsbad Planning Commission Resolution No. 7163, dated April 20, 2016. This Restrictive Covenant is intended and shall be deemed to satisfy such requirement as to the Restricted Property. The amount of ooarian wQodland to be preserved within the Restricted Property is 0. 73 acre. D. Compensatory mitigation for certain impacts of the Project by Declarant pursuant to requirements of the United States Army Corps of Engineers' ("ACOE") Section 404 Permit No. SPL-2015-00663-RRS and amendments thereto ("Section 404 Permit"). Special Condition No. 6 of the Section 404 Permit requires Declarant to record a Restrictive Covenant on all compensatory mitigation sites, which includes the Restricted Property. This Restrictive Covenant is intended and shall be deemed to sati sfy that requirement. CA 09/24/13 Assessor's Parcel Number: Project Number and Name: E. The Restricted Property possesses wildlife and habitat values of great importance to the People of the State of California and currently is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological, historical, visual and educational values (collectively, "Conservation Values"). F. Declarant desires to preserve and protect the Restricted Property pursuant to the Cascada Verde Preserve Management Plan dated December, 2019 ("Management Plan"), an adaptive habitat management plan which may be revised from time to time and which is incorporated herein by this reference. G. The United States Army Corps of Engineers ("ACOE") is the federal agency charged with the primary responsibility for regulating activities in waters of the United States, including wetlands, with regulatory authority over discharges of dredged and fill material into such waters pursuant to Section 404 of the Clean Water Act. H. The United States Fish and Wildlife Service ("USFWS") has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. Section 1531 et. seq., the Fish and Wildlife Coordination Act, 16 USC, Section 66 I-666c and other applicable federal laws. I. California Department of Fish and Wildlife ("CDFW") has jurisdiction, pursuant to Fish and Game Code Section 1802, over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species, and the Department of Fish and Game is authorized to hold easements for these purposes pursuant to Civil Code Section 815.3, Fish and Game Code Section 1348, and other provisions of California law. J. The City of Carlsbad ("City") is a municipal corporatio,n 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 C ity and the larger region while a llowing public and private development to occur consistent with the Carlsbad General Plan and Growth Management Plan. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS NOW THEREFORE, Declarant hereby declares the Restricted Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on Declarant's heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Restricted Property or any portion of it. 1. PurJ!.OSe. (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 2 CA 09/24/201 3 Assessor's Parcel Number: Project Number and Name: Property (the "Purpose"). Declarant intends that this Restrictive Covenant will confine the use of the Restricted Property to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Restrictive Covenant. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Restrictive Covenant, shall mean the condition of the Restricted Property as it exists at the time this Restrictive Covenant is executed, as well as future enhancements or changes to the Restricted Property that occur directly as a result of the following activities: (I) Habitat creation or restoration, including implementation, maintenance and monitoring activities, required by City of Carlsbad Planning Commission Resolution No. 7 163, dated April 20, 2016 for the Project. (2) Compensatory mitigation measures, including imple mentation, maintenance and monitoring activities, required by the Section 404 Permit, and as described in the "Onsite Mitigation Plan, Cascada Verde Residential Development Project," prepared by LSA dated June 202 1 ("Mitigation Plan"), the cover page and Introduction of which are attached as Exhibit "E" (collectively, "Compensatory Mitigation"); (3) 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 (4) Activities described in Section 4 herein. (c) Declarant certifies to City, CDFW, USFWS, and ACOE that, to Declarant's actual knowledge. there are no structures or other man-made improvements existing on the Restricted Property. Declarant further certifies to City. CDFW, USFWS, and ACOE that, to Declarant's actual knowledge, there are no previously granted easements existing on the Restricted Property that interfere or conflict with the Purpose of this Restrictive Covenant as evidenced by the Title Report attached at Exhibit "C". The current Natural Condition is evidenced in part by the depiction of the Restricted Property attached on Exhibit "D", showing a ll re levant and plottable property lines. easements. dedications, improvements, boundaries and major. distinct natural features such as waters of the United States. Declarant has delivered further evidence of the Natural Condition to City, CDFW. USFWS, and ACOE (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) lf a controversy arises with respect to the Natural Condition of the Restricted Property, City, CDFW, USFWS. and/or ACOE shall not be foreclosed from utilizing any and all other relevant documents. surveys, photographs or other evidence or information to assist in the resolution of the controversy. 3 CA 09/24/20 I 3 Assessor's Parcel Number: Project Number and Name: (e) The term "Biological Monitor" shall mean an independent third-party consultant with knowledge of upland and wetland resources in the San Diego County area and expertise in the field of biology. 2. Declarant's Duties. Declaran~, its successors and assigns shall: (a) Undertake all 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; and (b) Post and maintain signage in or adjacent to the boundary areas of the Restricted Property as described in Section 4(d); and (c) Comply with the terms of this Restrictive Covenant and cooperate with City, CDFW, USFWS, and ACOE in the protection of the Conservation Values; and (d) Repair and restore damage to the Restrictive Property directly or indirectly caused by Declarant, Declarant's guests, representatives or agents and third parties; provided, however, Declarant, its successors or assigns shall not engage in any repair or restoration work in the Restricted Property without first consulting with City, CDFW, USFWS, and ACOE pursuant to Section 6; and (e) Undertake construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan until receipt of final approval of the success of the mitigation from City, CDFW, USFWS, and ACOE (" City/CDFW/USFWS/ACOE Final Approval"); and (f) 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; (g) Perform in-perpetuity Long-Term Maintenance, Management, and Monitoring set forth in Section 6 below; and (h) Perform an annual compliance inspection of the Restricted Property, prepare an inspection report and shall make reports available to City, CDFW, USFWS, and ACOE and the City upon request. 3. Prohibited Uses. Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant and not reserved as set forth in Section 4 hereof is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, agents, assigns, employees, representatives, successors and third parties, are expressly prohibited, except as otherwise provided herein or unless specifically provided for in the, Mitigation Plan, Management Plan, Section 404 Permit, Streambed Alteration Agree ment and any easements and 4 CA 09/24/2013 Assessor's Parcel Number: Project Number and Name: reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance (as set forth in Exhibit C hereto): (a) Supplemental watering except for habitat enhancement activities described in Section 4(b): (b) Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species conducted by a herbicide applicator licensed to work within habitat preserve areas; (c) Incompatible fire protection activities, except the fire prevention activities set forth in Section 4(f); ( d) Use of off-road vehicles and use of any other motorized vehicles except on existing roadways and as necessary to restore native plant communities consistent with Section 4. (e) Livestock grazing or other agricultural activity of any kind; (t) Recreational activities including, but not limited to, horseback riding, biking, hunting or fi shing, 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 17 below; (i) Construction, reconstruction or placement of any building or other improvement, billboard, or signs except signs permitted in Section 2(b) and Section 4(d): (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 pl ant or animal species; (I) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Restricted Property; (m) Altering the general topography of the Restricted Property, including but not limited to building of roads, trails, and flood control work; (n) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as necessary for (I) emergency fire protection as required by fire safety officials as set forth in Section 1.ffi, (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3) preventing or treating disease, ( 4) completing the Mitigation Plan, or (5) activities described in Section 2, Section 4 and Section 13; 5 CA 09/24/20 I 3 Assessor's Parcel Number: Project Number and Name: (o) Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Restricted Property, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters; and (p) Fuel modification zones (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression). 4. Declarant's Reserved Rights. Oeclarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Restricted Property, including the right to engage in or to permit or invite others to engage in all uses of the Restricted Property that are consistent with the Purpose of this Restrictive Covenant, including the following uses: (a) Access. Reasonable access through the Restricted Property to adjacent land over existing roads, or to perform obligations or other activities permitted by this Restrictive Covenant or that are required under the Section 404 Permit or Stream bed Alteration Agreement. ln addition, police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (b) Habitat Enhancement Activities. Enhancement of native plant communities, including the right to plant trees and shrubs of the same type as currently existing on the Restricted Property, so long as such activities do not harm the habitat types identified in the Section 404 Permit or Streambed Alteration Agreement Permit. For purposes of preventing erosion and reestablishing native vegetation, the Declarant shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 4, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Restricted Property. Prior to any habitat enhancement activities, Declarant shall have its Biological Monitor submit detailed plans to City, CDFW, USFWS, and ACOE for review and approval. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements and Management Plan. (c) Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural 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 w ith all applicable laws, regulations, permitting requirements, and Management Plan. (d) Erection and Maintenance of Informative Signage. Erection and maintenance of signage and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions that inform persons of the nature and restrictions on the Restricted Property. Prior to erection of such signage, the Declarant shall submit detailed plans showing the location of such signs to City, CDFW, USFWS, and ACOE 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 6 CA 09/24/20 I 3 Assessor's Parcel Number: Project Number and Name: Covenant and shall be performed in compliance with all applicable laws, regulations, and permitting requirements. (e) No Interference with Development of Adjoining Property. Notwithstanding anything set forth herein to the contrary, nothing in this Restrictive Covenant is intended nor shall be applied to in any way limit Declarant or any of Declarant's successors and assigns from (I) constructing, placing, installing, and/or erecting any improvements upon the portions of the Project not constituting the Restricted Property, (2) installing and/or maintaining the subsurface infrastructure improvements, utility lines, landscaping (including irrigation and runoff), landscape mitigation, and/or similar non-structural improvements within the Restricted Property, and/or (3) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses (I), (2), and (3) neither such activity nor any effect resulting from such activity amounts to a use of the Restricted Property, or has an impact upon the Restricted Property, that is prohibited by Section 3 above. (t) 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{ d), Declarant sh al I 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, USFWS, and ACOE, City and third-party easement holders of record at the time of this conveyance at locations designated in easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance 6. Long-Term Maintenance, Management, and Monitoring. In addition to the other terms contained herein, Declarant, its successor or assign shall be responsible for the maintenance/repair of the Restricted Property in perpetuity. Such long-term maintenance shall consist of the following activities: (a) annual removal, by hand, of trash or man- made debris, (b) annual maintenance of signage and other notification features or similar descriptions that inform persons of the nature and restrictions on the Restricted Property pursuant to Section 2{b), (c) implement its responsibilities under the Management Plan (attached hereto as Exhibit "F") and any amendments thereto, and (d) annual restoration of the Restricted Property damaged by any activities prohibited by Section 3 herein. Declarant, its successors and assigns shall prepare a monitoring and maintenance report documenting activities performed under subsections (a) through (c) above, and shall make reports available to C ity/CDFW/USFWS/ACOE upon request. When activities are performed pursuant to subsection (d) above, Declarant shall retain a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Declarant shall have its Biological Monitor submit a draft Restoration Plan to City/CDFW/USFWS/ACOE for review and approval prior to its implementation. Upon 7 CA 09/24120 I 3 Assessor's Parcel Number: Project Number and Name: completion of restoration as specified in the City/CDFW/USFWS/ACOE -approved Restoration Plan, Declarant shall have its Biological Monitor prepare a detailed monitoring report, and Declarant shall make the report available to City/CDFW/USFWS/ACOE within thirty (30) days of completion of restoration activities. Declarant, its successors or assigns and the Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on-site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Declarant, its successors or assigns, or its contractor in accordance with the City/CDFW/USFWS/ACOE -approved Restoration Plan, corrections recommended and implemented. 7. Endowment Declarant shall establish an endowment fund to be held in trust, invested and the interest disbursed therefrom to provide sufficient funds for the perpetual management, maintenance, and monitoring of the Property as required under this Restrictive Covenant. City, CDFW, USFWS, and ACOE shall have the right to review and approve the terms of the endowment agreement, a nd shall be a third party beneficiary of that agreement with the right to review and approve any amendments. (a) Include the following principles of fiduciary duty in the endowment fund agreement: 8. (I) The endowment holder shall have a fiduciary duty to hold the endowment funds in trust for the Property. (2) The endowment holder shall not commingle the endowment funds with other funds. Funds may be pooled for investment management purposes only. (3) The endowment holder shall have a duty of loyalty and shall not use the endowment funds for its own personal benefit. (4) The endowment holder shall act as a prudent investor of the endowment funds. (5) The endowment holder shall not delegate the responsibility for managing the funds to a third party, but may delegate authority to invest the funds with Declarant's oversight. The endowment holder shall act with prudence when delegating authority and in the selection of agents. (6) The endowment holder shall have annual audit of the endowment performed by a licensed CPA, and shall submit the auditor's written report to City, CDFW, USFWS, and ACOE upon completion. (7) Endowment funds set aside for the management of the Property shall not be used to pay any damages for liability due to acts or omissions of the endowment holder or any other party. City, CDFW, USFWS, and ACOE Rights. 8 CA 09/24/2013 Assessor's Parcel Number: Project Number and Name: To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and conveys the fo llowing ri ghts to City, CDFW, USFWS, and ACOE (but without obligation of the City, CDFW, USFWS, and ACOE): (a) A non-exclu sive easeme nt on and over the Restricted Property to preserve and protect the Conservation Values of the Restricted Property; and (b) A non-exclusive easement on and over the Restricted Property to enter upon the Restricted Property to monitor Declarant's compliance with and to otherwise enforce the terms of this Restrictive Covenant; and (c) A non-exclusive easement on and over the Restricted Property to prevent any activity on or use of the Restricted Property that is inconsistent with the Purpose of this Restrictive Covenant and to require the restoration of such areas or features of the Restricted Property that may be damaged by any act, failure to act, or any use that is inconsistent w ith the Purpose of this Restrictive Covenant; and (d) All present and future development rights allocated, implied, reserved or inherent in the Property; such rights are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Property, nor any other property adjacent o r otherwise; and (e) The right to enforce by means, including, without limitation, injuncti ve relief, the terms and conditions of this Restrictive Covenant. 9. Enforcement. (a) Right to Enforce. Declarant, its successors and assigns, grant to City, CDFW, USFWS, ACOE, Department of Justice, and the State Attorney General, as well as the City, a discretionary right to enforce these restrictive covenants in a judicia l 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 ohitle. The U.S. Department of Justice, CDFW, State Attorney General and City shall have the same rights, remedies and limitations as ACOE under this Section 9. The rights under this Section are in addition to, and do not limit rights conferred in Section 8 above, the rights of enforcement against Declarant, its successor or assigns under the Secti on 404 Permit, or any rights of the various documents created thereunder or referred to therein. (b) Notice. (I) If City, CDFW, USFWS, and/or ACOE determines Declarant is in violation of the terms of this Restrictive Covenant or that a violation is threatened, City/CDFW/USFWS/ACOE may demand the cure of such violation. In such a case, City/CDF W/USFWS/ACOE shall issue a written notice to Declarant (hereinafter "Notice of Violation") informing Declarant of the violation and demanding cure of such violati on. (2) Declarant shall c ure the noticed violation within fifteen (1 5) days of receipt of said written notice from C ity, CDFW, USFWS, and/or ACOE. If said cure 9 CA 09/24/20 I 3 Assessor's Parcel Number: Project Number and Name: reasonably requires more than fifteen ( 15) days, Declarant shall, within the fifteen ( 15) day period subm it to City/CDFW /USFWS/ ACOE for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. If Declarant disputes the Notice of Yolation, it shall issue a written notice of such dispute (hereinafter "Notice of Dispute") to the City/CDFW/USFWS/ACOE within fifteen (15) days of receipt of written notice of violation. (3) If Declarant fails to cure the noticed violation(s) w ithin the time period(s) described in Section 9(b)(2) above, or Section 9(c) below, C ity/CDFW/USFWS/ACOE may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Declarant with the terms of this Restrictive Covenant. In such action, the City/CDFW/USFWS/ACOE may (i) recover any damages to which they may be entitled for violation by Declarant of the terms of this Restrictive Covenant, (ii) enjoin the violation, ex parle if necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or (iii) pursue other equitable relief, including, but not limited to, the restoration of the Restricted Property to the condition in which it existed prior to any such violation or injury. City/CDFW/USFWS/ACOE may apply any damages recovered to the cost of undertaking any corrective action on the Restricted Property. (4) IfDeclarant provides City/CDFW/USFWS/ACOE with a notice of dispute, as provided herein, City/CDFW/USFWS/ACOE shall meet and confer with Declarant at a mutually agreeable place and time, not to exceed thirty (30) days from the date that City/CDFW/USFWS/ACOE receives the notice of dispute. C ity/CDFW/USFWS/ACOE shall consider all relevant information concerning the disputed violation provided by Declarant 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/CDFW/USFWS/ACOE is appropriate in light of the violation. (5) If, after reviewing Declarant's notice of dispute, conferring with Declarant, and considering al I relevant information related to the violation, C ity/CDFW/USFWS/and/or ACOE determines that a violation has occurred, C ity/CDFW/USFWS/ACOE shall give Declarant notice of such determination in writing. Upon receipt of such determination, Declarant shall have fifteen ( 15) days to cure the violation. If said cure reasonably requires more than fifteen ( 15) days, Declarant shall, within the fifteen ( 15) day period submit to City/CDFW/USFWS/ACOE for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. (c) Immediate Action. If City/CDFW/USFWS/ACOE, in its reasonable discretion, determines that ci rcumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Restricted Property, C ity/CDFW/USFWS/ACOE may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Restrictive Covenant and state and federal law after giving Declarant at least twenty four (24) hours' written notice before pursuing such remedies. So long as such twenty four (24) hours' 10 CA 09/24/2013 Assessor's Parcel Number: Project Number and Name: notice is given, City/CDFW/USFWS/ACOE may immediately pursue all available remedies without waiting for the expiration of the time periods provided for c ure or notice of dispute as described in Section 9(b)(2). The written notice pursuant to this paragraph may be transmitted to Declarant by facsimile. The rights of City/CDFW/USFWS/ACOE under this paragraph apply equally to actual or threatened violations of the terms of this Restrictive Covenant. Declarant agrees that the remedies at law fo r C ity/CDFW /USFWS/ ACOE fo r any violation of the terms of this Restrictive Covenant are inadequate and that City/CDFW /USFWS/ ACOE shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other re lief to which C ity/C DFW/USFWS/ACOE may be entitled, inc luding specific performa nce of the terms of this Restrictive Covenant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section .2.{£1 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. (d) Costs of Enforcement. Any costs incurred by C ity/COFW/USFWS/ACOE in enforcing the terms of this Restrictive Covenant against Oecla rant including, but not limited to, costs of suit and, any costs of restoration necessitated by Declarant's violation or negligence under the terms of this Restrictive Covenant sha ll be borne by Declarant, subject to California Civil Code section 8 15. (e) Enforcement Discretion. Enforcement of the terms of this Restrictive Covenant shall be at the discretion of City/C DFW/USFWS/ACOE. Any forbearance by City/COFW /USFWS/ ACOE to exercise rights under this Restrictive Covenant in the event of any breach of any term of this Restri ctive Covenant by Declarant shall not be deemed or construed to be a waiver by City/CDFW/USFWS/ACOE 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/CDFW/US FWS/ACOE under this Restrictive Covenant. No delay or omission by City/CDFW/USFWS/ACOE in the exercise of any ri ght or remedy upon any breach by Declarant shall impair such right or remedy or be construed as a waiver. (f) Acts Beyond Declarant's Control. Nothing contained in this Restrictive Covenant shall be construed to entitle C ity/C DFW/USFWS/ACOE to bring any action against Declarant for any injury to or change in the Restricted Property resulting from : (I) Any natural cause beyond Declarant's control, including without limitation, fire, flood, storm, and earth move ment; or (2) Any prudent action taken by Declarant under emergency conditions to prevent, abate, or mitigate significant injury to persons and/or the Restricted Property resulting from such causes. (g) Notwithstanding the foregoing, even actions undertaken during emergency conditions must receive prior authorization from the City and Department of Army (through expedited procedures, if appropriate) if the action involves a discharge of dredged or fill material into jurisdictional waters of the United States and before any ground-disturbing activities occur in the Restricted Property. 10. Costs and Liabilities. 11 CA 09/24/20 I 3 Assessor's Parcel Number: Project Number and Name: Declarant, or its successor or assign retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Restricted Property. Declarant agrees City, CDFW, USFWS, and ACOE shall not have any duty or responsibility for the operation, upkeep, or maintenance of the Restricted Property, the monitoring of hazardous conditions thereon, or the protection of Declarant, the public or any third parties from risks relating to conditions on the Restricted Property. Declarant, its successor or assign remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. 11. Taxes. Declarant, its successors or assigns shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Restricted Prope1ty by competent authority, inc luding any taxes imposed upon, or incurred as a result of, this Restrictive Covenant, and agrees to furnish City, CDFW, USFWS, and ACOE with satisfactory evidence of payment upon request. 12. No Hazardous Materials Liability. (a) Declarant represents and warrants that it has no knowledge of any release or threatened release of Hazardous Materials (defined below) in, on, under, about or affecting the Restricted Property. (b) Despite any contrary provision of this Restrictive Covenant, the parties do not intend this Restrictive Covenant to be, and this Restrictive Covenant shall not be, construed such that it creates in or gives City, CDFW, USFWS, and ACOE any of the fo llowing: (I) The obligations or liabilities of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (2) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (3) The obligations ofa 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 Declarant's ability to in vestigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Restricted Property. 12 CA 09/24/2013 Assessor's Parcel Number: Project Number and Name: (c) The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 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. (d) The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Declarant represents, warrants and covenants to City, CDFW, USFWS, and ACOE that activities upon and use of the Restricted Property by Declarant, its agents, employees, invitees and contractors will comply with all Environmental Laws. 13. Additional Easements. Declarant shall not grant any additional easements, rights of way or other interests in the surface or subsurface of the Restricted Property ( other than a security interest that is subordinate to this Restrictive Covenant), or grant or otherwise abandon or relinquish any water rights relating to the Restricted Property, without first obtaining the written consent of City, CDFW, USFWS, and ACOE. City, CDFW, USFWS, and/or ACOE may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the Purpose of this Restrictive Covenant or will impair or interfere with the Conservation Values of the Restricted Property. This Section shall not prohibit transfer of a fee or leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and complies with Section 17 below. Declarant, its successors and assigns shall record any additional easements or other interests in the Restricted Property approved by the City, CDFW, USFWS, and ACOE in the official records of San Diego County, California and provide a copy of the recorded document to the City, CDFW, USFWS, and ACOE. 14. Hold Harmless. Declarant shall hold harmless, protect and indemnify City and its, officials, directors, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each a "City Indemnified Party" and, collectively, "City's Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "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 Property, regardless of cause, except that this indemnification shall be inapplicable to Declarant's Indemnified Parties with respect to any Claim due solely to the negligence of Declarant or any of its employees. If any action or proceeding is brought against any of Declarant's Indemnified Parties by reason of any such C laim, Oeclarant shall, at the election of and upon written notice from any of the Declarant Indemnified Parties defend such action or proceeding 13 CA 09/24/20 I 3 Assessor's Parcel Number: Project Number and Name: with counsel reasonably acceptable to the Declarant Indemnified Party, or reimburse the party for all charges incurred for services, including attorneys' fees, in defending the action or proceeding. 15. Amendment. Declarant may amend this Restrictive Covenant only after written concurrence by C ity, CDFW, USFWS, and ACOE. Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall not affect its perpetual duration. Declarant sh al I record any amendments to this Restricti ve Covenant approved by City, CDFW, USFWS, and ACOE in the official records of San Diego County, California, and shall provide a co py of the recorded document to C ity, CDFW, USFWS, and ACOE. 16. Recordation. Declarant, its successor or assign shall promptly record this instrument in the official records of San Diego County, California, and provide a copy of the recorded document to City, CDFW, USFWS, and ACOE. 17. Assignment and Subsequent Transf~rs. (a) Declarant agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which Declarant divests itsel fof any interest in all or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) 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 itselfof any interest in all or a portion of the Restricted Property, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Declarant, its successor or assign agrees to give written notice to City, CDFW, USFWS, and ACOE 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 obligati ons of this Restrictive Covenant and to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform a ny act provided in this Section shall not impair the validity of this Restricti ve Covenant or lim it its enforceability in any way. (b) From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) th e transferee sha ll be deemed to have assum ed all of the obligations of Declarant as to the portion transferred, as set forth in this Restrictive Covenant, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder except for the obligations set forth above in this paragraph and pursuant to Section 24, and (iv) all references to Declarant in this Restri ctive Covenant shall thereafter be deemed to refer to such transferee. 18. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the othe r shall be in writing and be served personally or sent by first class mail, postage prepa id, addressed as follows: 14 CA 09/24/2013 To Declarant: To: Lanshire Housing 2633 South Fairfax A venue Culver City, CA 90232 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Assessor's Parcel Number: Project Number and Name: California Dept. 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 FAX 760-431-5902 District Counsel U.S. Army Corps of Engineers 915 Wilshire Blvd, Room 1535 Los Angeles, CA 90017-340 I or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail. 19. Controlling Law. The laws of the United States and the State of California shall govern the interpretation and performance of th is Restrictive Covenant. 20. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant shall be liberally construed in favor of the deed to effect the purpose of this Restrictive Covenant and the policy and purpose California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. 21. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provis ion of this I 5 CA 09/24/20 I 3 Assessor's Parcel Number: Project Number and Name: Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 22. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Declarant's title in any respect. 23. Successors. The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit of, the parties hereto and their respecti ve personal representati ves, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Restricted Property. 24. Termination of Rights and Obligations. A party's rights and obligations under this Restrictive Covenant terminate upon transfer of the party's interest in the Restrictive Covenant or Restricted Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 25. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 26. City, CDFW, USFWS, and ACOE Benefited Parties Except for Section 23, the terms of this Restrictive Covenant are for the benefit of the City, CDFW, USFWS, and ACOE only and are not for the benefi t of any other parties. S WHEREOF Declarant has executed this Restrictive Covenant the day and year first above By: V ---- Name: M\lf\A,-01--~lf'I~ Title: c..P " M frtJ fr6f"f_ Date: E By: ¥ Name: MG }J~>CJ'-> Title:~~~ 16 \-\ ~v\ &\~ °'--Ktiv t-1\ ~ ~ Nt \ ~ \) V\ CA 09/24/2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • 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 ~ 4-f-101~ o ) ) On lbMtV:( k ~ /')~~" before me, ,,, --. ' -lCS' /bf~~..,, Date personally appeared -(Vvt~t.--l.z..>->1' ~::.:e.,lnsert Name and Title of the Officer Name(s) of Signer{B) who proved to me on the basis of satisfactory evidence to be the person~ whose name(s) is/ar,e subscribed to the within instrument and acknowledged to me that he/she/tt10y executed the same in his/~r/tJ,(eir authorized capacity(iea), and that by his/her/tl;;leir signature(~ on the instrument the person(8", or the entity upon behalf of which the person'6) acted, executed the instrument. '@" o"AR~~-VA,,;7 -.j' -1...Pi' •. COMM. #2264054 ~ : a NOTARY PUBLIC-CALIFORNIA ~ I SAN DIEGO COUNTY I • • · MyComm. ~Novem!>er21. 2022 b to CC C S Place Notary Seal Above 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. OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ,,, Description of Attached Document .,, · ~~urr ~ Title or Type of Document: 0~.,:I ,µ-~t~ Document Date: l"~~ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -D Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ • ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 , ............. ,,,,.,,,.......,,.... -.....,....~.......,...--~ ~ -~-~-~--~ .... •-.. -......_~__._-~.-~~ -~-~- f * t '♦\ I ! l ¥ f. f. * J. I * * * *-f. i f 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 \.Do Anc::v=:k:.~ On ~ch \1, 2.it>1.:z.. before me, (?l·c~nct'-i ~n,cttt, N®Y:f Public (insert name and title of the officer) personally appeared tvk?lH ~w Ne.\oon who proved to me on the basis of satisfactory evidence to be the person~whose name¥.ispri-e subscribed to the within instrument and acknowledged to me that hel s'ttt~y executed the same in his/1).ef /p,(eir authorized capacity(~, and that by his/plr/their signature~ on the instrument the personM, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Nota~m Signature (Seal) IIANCA ANCHETA COMM. #2376758 z Notary Public • California ~ Los Angeles County ... Comm. Expifts Sep. 27, ms. -----OPT IONAL INFORMATION ---- DOCUMENT Ork-irnbDn q::. R:es):r,c:b:v:e Coiecont5 (name or type of document) fVC\vt:vi \'1-, 2cXJ1.2 (number of pages) 2:2 P~ olO 122. (document date) SIGNER CAPACITY (capacity claimed by the signer) NOTICE THE N OTARY PUBLIC DOES NOT CERTI FY TH E AUTHO RI ZED C APACITY OF THE SIG N ER 7 J. l * •.a.• \TF t 4 i * f. * I *- * * * * J. !i ~ Date: tv\ Cf.JI LA.rv \ ~ / U> V L CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By :__L.lj.l,..,~=---.1,,--------==-____11::\+-- Ass istant City Attorney 17 Assessor's Parcel Number: Project Number and Name: CA 09/24/2013 Assessor's Parcel Number: Project Number and Name: EXHIBIT A -LEGAL DESCRIPTION 18 CA 02/04/13 EXHIBIT 'A' LEGAL DESCRIPTION CONSERVATION EASEMENT THOSE PORTIONS OF PARCEL 4 OF PARCEL MAP NO. 13158, IN THE CITY OF CARSLBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21 , 1984 AS FILE NO. 84-061796, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 4 AND THE NORTHERLY RIGHT-OF-WAY OF ALICANTE ROAD, SAID POINT BEING THE EASTERLY TERMINUS OF A 558 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 2° 59' 35" EAST; THENCE LEAVING SAID SOUTHERLY LINE NORTH 47° 08' 10" WEST, 12.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87° 17' 01" WEST, 32.94 FEET; THENCE NORTH 88° 49' 39" WEST, 12.82 FEET; THENCE NORTH 00° 19' 45" EAST, 35.38 FEET; THENCE NORTH 89° 40' 15" WEST, 7.98 FEET; THENCE SOUTH 00° 22' 00" WEST, 34.64 FEET; THENCE NORTH 76° 06' 17" WEST, 8.09 FEET; THENCE NORTH 67° 09' 59" WEST, 4.83 FEET; THENCE NORTH 89° 47' 25" WEST, 8.60 FEET; THENCE NORTH 78° 46' 57" WEST, 25.79 FEET; THENCE NORTH 17° 45' 10" EAST, 21 .58 FEET; THENCE NORTH 48° 07' 00" EAST, 25.52 FEET; THENCE SOUTH 27° 07' 23" EAST, 3.78 FEET; THENCE SOUTH 41 ° 30' 06" EAST, 7 .00 FEET; THENCE NORTH 48° 29' 54" EAST, 5.25 FEET; THENCE NORTH 41 ° 30' 06" WEST, 7.00 FEET; THENCE NORTH 55° 32' 17" WEST, 3.61 FEET; THENCE NORTH 38° 44' 33" EAST, 15.20 FEET; THENCE SOUTH 36° 04' 06" EAST, 3.14 FEET; THENCE SOUTH 49° 37' 43" EAST, 7.60 FEET; THENCE NORTH 39° 30' 03" EAST, 5.25 FEET; PAGE 1 OF 5 THENCE NORTH 50° 29' 57" WEST, 7.00 FEET; THENCE NORTH 65° 05' 25" WEST, 3.87 FEET TO THE BEGINNING OF A NON-TANGENT CURVE; THEN ALONG SAID CURVE TURNING TO THE LEFT THROUGH AN ANGLE OF 25° 51' 57", HAVING A RADIUS OF 81.45 FEET, AND A DISTANCE OF 36.77 FEET; THENCE SOUTH 66° 11' 58" EAST, 4.88 FEET; THENCE SOUTH 76° 42' 31" EAST, 6.48 FEET; THENCE NORTH 13° 17' 29" EAST, 5.25 FEET; THENCE NORTH 76° 42' 31" WEST, 6.80 FEET; THENCE SOUTH 89° 47' 51" WEST, 5.01 FEET TO THE BEGINNING OF A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TURNING TO THE LEFT THROUGH AN ANGLE OF 49° 09' 39", HAVING A RADIUS OF 86.61 FEET, AND A DISTANCE OF 74.31 FEET; THENCE, NORTH 25° 08' 56" WEST, 20.05 FEET TO THE BEGINNING OF A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TURNING TO THE LEFT THROUGH AN ANGLE OF 04° 46' 23", HAVING A RADIUS OF 1217.28 FEET, AND A DISTANCE OF 101 .40 FEET TO THE BEGINNING OF A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 38° 03' 53", HAVING A RADIUS 29.47 FEET, AND A DISTANCE 19.58 FEET; THENCE SOUTH 28° 23' 07'' EAST, 1.60 FEET; THENCE SOUTH 42° 25' 12" EAST, 7.01 FEET; THENCE NORTH 47° 34' 48" EAST, 5.25 FEET; THENCE NORTH 42° 25' 12" WEST, 7.00 FEET; THENCE NORTH 56° 27' 23" WEST, 1.68 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, THENCE ALONG SAID CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 34° 42' 36", HAVING A RADIUS OF 29.64 FEET, AND A DISTANCE OF 17.96 FEET TO THE BEGINNING OF A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TURNING TO THE LEFT THROUGH AN ANGLE OF 10° 37' 05", HAVING A RADIUS OF 142.17 FEET, AND A DISTANCE OF 26.35 FEET TO THE BEGINNING OF A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TURNING TO THE LEFT THROUGH AN ANGLE OF 45° 32' 56", HAVING A RADIUS OF 50.66 FEET, AND A DISTANCE OF 40.27 FEET; THENCE NORTH 25° 07' 24" EAST, 96.11 FEET; THENCE NORTH 25° 01' 47" EAST, 90.49 FEET; THENCE SOUTH 64° 55' 34" EAST, 12.00' FEET; THENCE SOUTH 23° 27' 14" WEST, 42.79 FEET; THENCE SOUTH 18° 28' 03" WEST, 58.39 FEET; THENCE SOUTH 18° 24' 00" WEST, 49.28 FEET; THENCE SOUTH 48° 24' 00" WEST, 5.22 FEET; PAGE 2 OF 5 THENCE NORTH 56° 25' 40" WEST, 2.07 FEET; THENCE NORTH 69° 17' 42" WEST, 7.83 FEET; THENCE SOUTH 20° 42' 18" WEST, 3.00 FEET; THENCE SOUTH 70° 18' 33" EAST, 8.61 FEET; THENCE SOUTH 48° 52' 24" WEST, 2.09 FEET; THENCE SOUTH 18° 24' 00" WEST, 69.86 FEET; THENCE SOUTH 12° 28' 30" WEST, 14.66 FEET; THENCE SOUTH 53° 53' 12" WEST, 21.27 FEET; THENCE SOUTH 01 ° 13' 34" WEST, 81.81 FEET; THENCE SOUTH 38° 54' 15" EAST, 34.97 FEET; THENCE SOUTH 10° 53' 19" WEST, 20.06 FEET; THENCE NORTH 71 ° 01' 38" WEST, 4.04 FEET; THENCE NORTH 79° 06' 41" WEST, 7.00 FEET; THENCE SOUTH 10° 53' 19" WEST, 5.25 FEET; THENCE SOUTH 79° 06' 41 " EAST, 7 .00 FEET; THENCE SOUTH 87° 32' 49" EAST, 4.04 FEET; THENCE SOUTH 10° 53' 19" WEST, 6.78 FEET; THENCE SOUTH 33° 47' 53" WEST, 37.06 FEET; THENCE SOUTH 07° 09' 04" WEST, 38.16 FEET; THENCE SOUTH 03° 07' 10" EAST, 5.43 FEET; THENCE NORTH 79° 38' 34" WEST, 4.11 FEET; THENCE SOUTH 86° 52' 50" WEST, 7.00 FEET; THENCE SOUTH 03° 07' 10" EAST, 5.25 FEET; THENCE NORTH 86° 52' 50" EAST, 7.00 FEET; THENCE NORTH 73° 25' 46" EAST, 4.11 FEET; THENCE SOUTH 03° 50' 39" EAST, 13.44 FEET; THENCE NORTH 65° 18' 37" WEST, 10.14 FEET; THENCE SOUTH 20° 42' 18" WEST, 3.00 FEET; THENCE SOUTH 70° 46' 38" EAST, 9.72 FEET; THENCE SOUTH 68° 37' 01" WEST, 2.62 FEET; THENCE NORTH 72° 49' 28" WEST, 4.44 FEET; THENCE SOUTH 42° 14' 35" WEST, 7.07 FEET; THENCE NORTH 88° 30' 09" WEST, 11 .23 FEET; PAGE 3 OF 5 THENCE SOUTH 82° 40' 28" WEST, 7.37 FEET; THENCE SOUTH 42° 08' 05" WEST, 3.67 FEET; THENCE SOUTH 44° 10' 36" EAST, 11 .75 FEET; THENCE SOUTH 88° 13' 45" EAST, 14.03 FEET; THENCE NORTH 45° 27' 01" EAST, 10.54 FEET; THENCE NORTH 01 ° 47' 52" EAST, 7.93 FEET; THENCE NORTH 69° 21' 02" EAST, 3.23 FEET; THENCE SOUTH 40° 42' 25" EAST, 10.76 FEET; THENCE SOUTH 20° 12' 06" WEST, 4.24 FEET; THENCE SOUTH 09° 19' 14" EAST, 14.90 FEET; THENCE SOUTH oo· 00' 00" WEST, 7.85 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINS 0.601 ACRES (26,186 SF) MORE OR LESS. PARCEL B COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 64 ° 55' 53" EAST, 41 .80 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 64° 55' 53" EAST, 66.14 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 29° 44' 54" WEST, 5.07 FEET; THENCE SOUTH 31 ° 32' 53" WEST, OF 8.55 FEET; THENCE NORTH 65° 56' 01" WEST, OF 3.50 FEET; THENCE SOUTH 24° 03' 59" WEST, OF 34.17 FEET; THENCE SOUTH 65° 56' 01" EAST, OF 11.50 FEET; THENCE SOUTH 24° 03' 59" WEST, OF 35.26 FEET; THENCE SOUTH 69° 03' 59" WEST, OF 7.78 FEET; THENCE SOUTH 24 ° 03' 59" WEST, OF 61.17 FEET; THENCE NORTH 76° 43' 14" WEST, OF 2.13 FEET; THENCE NORTH 64° 30' 08" WEST, OF 4.25 FEET; THENCE NORTH 56° 21' 24" WEST, OF 9.17 FEET TO THE BEGINNING OF A TANGENT CURVE, THENCE ALONG SAID CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 81 ° 25' 50", HAVING A RADIUS OF 20.00 FEET, AND A DISTANCE OF 28.42 FEET; THENCE NORTH 25° 04' 26" EAST, 90.10 FEET TO THE BEGINNING OF A TANGENT CURVE, THENCE ALONG SAID CURVE TURNING TO THE LEFT THROUGH AN ANGLE OF 90° 00' 00", HAVING A RADIUS OF 10.00 FEET, AND A DISTANCE OF 15.71 FEET; PAGE40FS THENCE NORTH 64° 55' 34" WEST, 27.08 FEET; THENCE NORTH 60° 40' 26" EAST, 3.09 FEET; THENCE NORTH 34° 57' 35" EAST, 10.36 FEET; THENCE SOUTH 38° 53' 48" EAST, 4.34 FEET; THENCE SOUTH 54° 10' 17" EAST, 9.43 FEET; THENCE NORTH 56° 57' 27" EAST, 4.73 FEET; THENCE NORTH 22° 57' 09" WEST, 11 .04 FEET; THENCE NORTH 39° 15' 05" WEST, 12.58 FEET; THENCE NORTH 28° 03' 02" EAST, 2.83 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.124 ACRES (5,412 SQ. FT.) MORE OR LESS. ATTACHED HERETO IS DRAWING LABELED EXHIBIT "B", AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY, OR UNDER THE DIRECTION OF: .../ .---"f'""' ~·~ ,,,. ~ 4/6/2022 GEOFFREY V. HOWLAND L.S. 9011 DATE PAGE 5 OF 5 Assessor's Parcel Number: Project Number and Name: EXHIBIT 8 -PLAT MAP 19 CA 02/04/13 CITY OF PACIFIC OCEAN ~-___::"'· --, .,,, --__::;;::::::,..~-~ ---~ .,,, GEOFFREY V. HOWLAND L.S. 9011 REGISTRATION EXPIRES 09-30-2023 CONSERVATION EASEMENT EXHIBIT 'B' NOT TO SCALE OF MARCOS CITY OF ENCINITAS VICINITY MAP Nor ro SCALE LEGEND ----EXISTING LOT LINE EXISTING EASEMENT ----SUBDIVISION BOUNDARY ----RIGHT-OF-WAY C -, PARCEL A AREA = 0.601 AC. (26,186 S.F.) _J PARCEL B AREA = 0.124 AC. (5,412 S.F.) 4/6/2022 DATE DATE: 04/01/22 PREPARED BY.· SHEET 1 OF 6 SCALE: NO SCALE BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 13158 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1984 AS FILE NO. 84-061796. latitudeDl PLANNING & ENGINEERING 9968 Hibert Street 'r Floor, San Diego, CA 92131 Tel 858.751 .0633 EXHIBIT 'B' Line Table Line Table Line Table Line# Length Direction Line# Length Direction Line # Length Direction L1 3.78' S27'07'23"£ L18 7.00' N79'06'41 "W L35 7.37' S82'40'28"W L2 7.00' S41 '3010611£ L19 5.25' S10'53'19"W L36 3.67' S42'08'05"W L3 5.25' N48'29'54"£ L20 7.00' S79'06'41 "£ L37 11. 75' S44'10'36"£ L4 7.00' N41 '3010611W L21 4.04' S87'32'49"£ L38 14.03' S88'13'45"£ L5 3.61' N55'32'1711W L22 6.78' s10·53•19"w L39 10.54' N45'27'0111£ L6 3.14' S36'04'06"£ L23 4.11' N79'38'34''W L40 7.93' N01'47'52"£ L7 7.60' S49'3714311£ L24 7.00' S86'52'50"W L41 3.23' N69'21 '02"£ LB 5.25' N39'30'03"£ L25 5.25' SOJ'07'1011£ L42 3.09' N60'40'2611£ L9 7.00' N50'29'57"W L26 7.00' N86'52'50"£ L43 10.36' N34'57'35"£ L10 3.87' N65'05'25''W L27 4.11' N73'25'46"£ L44 4.34' SJ8'53'4811£ L11 1.60' S28'23'07"£ L28 10.14' N65'18'37"W L45 9.43' S54 '10'17"£ L12 1.68' N56'27'23"W L29 3.00' S20'42'18"W L46 4.73' N56'57'27"£ L13 2.07' N56'25'40"W L30 9.72' S70'46'38"£ L47 11.04' N22'57'09"W L14 7.83' N69'17'42"W L31 2.62' S68'37'01 "W L48 12.58' NJ9'15'0511W L15 3.00' S20'42'18"W L32 4.44' N72'49'28"W L49 2.83' N28'03'02"£ L16 8.61' S70'18'33"£ L33 7.07' S42'14'35"W L17 4.04' N71'01'38"W L34 11.23' N88'30'09"W SHEET 2 OF 6 I DATE: 04/01/22 1scAL£: PREPARED BY.· CONSERVATION EASEMENT latitudeBl BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 13158 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF PLANNING & ENGINEERING SAN DIEGO COUNTY, FEBRUARY 21, 1984 AS FILE NO. 84-061796. 9968 Hibert Street 'r Floor, San Diego, CA 92131 Tel 858.751 .0633 N & EXHIBIT 'B' ii] SEE SHEET 4 I fT1 > I W 20 ~ S89'47'51''W 5.01' N76'42'31 "W 6.80' --~ ·,<-? -~ ~ $~' V) fT1 ~~~ I / -...J-lt--.:, I ~ '"'CJ 0. I I I - P t\ rJ (' r::' I ;I J-\r1 v~~ -.1 PJ\JJ -J3-J53 ~~ ~")' /~' ~ "'' . '\ ~ ~ ~ ~-· ,, ,, ~ ';:;i 'v f, ~ i~ _'\,3/<<" ~"') o/ <o <s " ,,~ -1' ()() N13'17'29"E 5.25' S76'42'31 "E 6.48' S66'11'58"E 4.88' PARCEL 'A' I.() L2J L24 ~ L--:::; V) . 0 r,..;,~ V) I C:0 fT1 I i ~8~ I ' V,f)~ \. I ~ ~, P /\rJer::'I ;I ,\r1 v~~ -.1 l PJ\JJ -J3-J53 I I I CX) Lu ~ (..) ~ ~ ~ -.J Q. I Q_~ Lu Q. \) I ' ~b,,i i?:'l, N89'40'15"W 7.98' ..J L26 L2J7 ~ ~ ..;,.. . ..;,..(.,.J -l.?a • <o= /.Jo r,., S40'42'25"E 10.76' I s a .::: ~ -.J 0 N76'06'17"W 8.09' N67'09'59"W 4.83' N89'47'25"W 25,79• 8.60' N7~ /J==:: 20· 2 3'10" ------- "-t-<o ~ ,.., ~ • ~ LJ5 • I v ~ ~I <'-0 }u LJ4 LJB ·":>~ \, S20'12'06"W 4.24' (.I) ~ (,() lC) ."'f- 0) -6 <: ~ _: . (,() (,() . I o_,; SBTI 7'01"W r': 50'00'00"£ C 32.94' ~>.7.85' / Q L=198.54'_ I-..,_ __ R=558.00' ~-9. <5';, ~-0-, -4- ~i:3 a ,~ '(\ 1/,•\J ' ,, • "' ")<:o ' ,~() ~-\J\J t1' /5 ~ \; ~'l, --N88'49'39"~ AL/CANTE ROAD 12·82 DED!CA TED PER MAP 7784 TRUE POINT ) I OF BEGINNING I 52'59'35"£ I ___ ..!::.../ POINT OF COMMENCEMENT ON THE S'L Y LINE OF PARCEL 4 OF PM 13158 EX. 15' DRAINAGE EASEMENT PER MAP NO. 7748 TO BE VACA TED CONSERVATION EASEMENT B£/NG A PORTION OF PARCEL 4 OF PARCEL MAP NO. 13158 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1984 AS FILE NO. 84-061796. DATE: 04/01/22 SHEET 3 OF 6 SCALE: /" = 20' PREPARED BY.· latitudeDl PLANNING & ENGINEERING 9968 Hibert Street "r Floor, San Diego, CA 92131 Tel 858.751.0633 EXHIBIT 'B' L1= 10·37•05" L=26.35' R=142.17' SEE SHEET 5 t ,Y)~ t, s) v , rs::-r,, b.\) · to~ I ~ ,' Bl L1=34'42'36" L=17.96' R=29.64' L/2 \!' ~\)'· i'l I 00 ~o L1=38'03'53" L=19.58' R=29.47' • Q;) C"J "-~ J1 C) "t--: C) ,,- -.J "') C"J io :""'' "t-i/ '<:;J L/1 N42'25'12"W 7.00' N47'34'48"E 5.25' S42'25'12"E 7. 01' PARCEL 'A' EX. SEWER EASEMENT PER DOC. NO. 75-282565 PA r>("~I LI r'l u~~ :t PM ·J3·J5B '\\ -;,;>~ ~:. \\ .....i 0 o:i ~ '°-' O'> .(.A (.A '0> ~-<O -.. :. ,,~ '\ '), :)~) "\' s'J i\ '.1-,; s12·28·~o"w / 14.66' I \ I I PAr>(''~I LI riu~~ :t P J\;j ·J ·j 7 2? P ,, r> e ~I 11 r\riu~~ -.t \ -0::, -: 0::, ~ • "t-.""l "') l'- PJ\;J ·JctJ5B 'v. o>0' ~ V_; I ',9 S'., ~-<'"' /!.., I I l ;I I ~ ~ :j>/ ~ / EX. 10' DRAINAGE EASEMENT PER DOC. NO. 75-289313 TO / 8[ VACATED I I SEE SHEET 3 ,,i ,v?' .~ ~ y ,,} I I I SHEET 4 OF 6 h CONSERVATION EASEMENT BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 13158 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1984 AS FILE NO. 84-061796. DATE: 04/01/22 SCALE: /" = 30' PREPARED 8 Y.· latitudeD3 PLANNING & ENGINEERING 9968 Hibert Street 'r Floor, San Diego, CA 92131 Tel 858.751 .0633 EXHIBIT 'B' Ii' 7 I LOT 245 MAP 6730 L~ EX. 10' SEWER ~ EASEMENT PER ~ is MAP 6730 TO I I ~I I BE QUITCLAIMED ij~~~i Cit !0 ~ ~ EX. 20' WATER •' v______---;;r EASEMENT PER ,---/ DOC. NO. 7 3-282155 I TO BE VACA TED ~ 5o· 05 . __ / P /\ rJ r· r::' I ;I r\riv~~ -.1 P J\!J -J 3 -J 5 B .~ I -~ .¢$ !0' ti=34'42'36" L=17.96' R=29.64' ti=/0"37'05" L=26.35' R=142.17' L12 ,V)~ 'l, ' s) v, vtir r,,(). x:ix:i \7 ')\J', ?-: ~ PARCEL 'A I N42'25'12''W 7.00' I I ~ 5::)·· 05 S64'55'34"E 12.00' •~ I '~ -EX. 20' SEWER !'-.... '!)~' ~ ~ ~-<i-s .~ }J ~ ~ vj S48 '24'00''W / 5.22· I S48'52'24"W 2.09' I I I I I I I EASEMENT PER DOC. NO. 75-282565 I I I I~ I P /\rJ('r::'I ;I r\r1 v~~ -.1 PM -J-J722 N & Bl W 30 L11 N47'34'48"[ 5.25' S42'25'12"£ 7.01' ·~ ,\'l, :Sr:J,-s') i\i S12'28'30"W I 14.66' ~ SHEET 5 OF 6 SEE SHEET 4 CONSERVATION EASEMENT B[ING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 13158 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF TH[ COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1984 AS FILE NO. 84-061796. ( DATE: 04/01/22 SCALE: 1" = 30' PREPARED BY: latitudeD3 PLANNING & ENGINEERING 9968 Hibert Street z-d Floor, San Diego, CA 92131 Tel 858.751.0633 EXHIBIT 'B' EX. 20' EASEMENT FOR TR££ TRIMMING RICH TS TO SOC&£ PER DOC. NO. 49841 AND INST. NO. 52395 POINT OF COMMENCEMENT NORTHWEST CORNER OF s,6. PARCEL 4 OF PM 13158 <;f•~ vS' </ S...J,, ""'-"~ , TRUE POINT OF BEGINNING LOT 245 I!! I MAP 6730 ~~-I EX. 10' SEWER {g L 42 EASEMENT PER Ill~ ~ V I MAP 6730 W TO BE QUITCLAIMED //~ <,>;, I~ ·ua, I\~ ~ /J=9o·oo ·oo" fl~ p t\ rJ ('' C I i i L = 15. 71 ' • r\rl u.L..~ -1 , p p J\JJ -J 3 _JOB R= 10. 00 / EX. 20' WATER ~ P ,, rJ e c I .r01 .r\ Jl V .L.., ~ ' PM -J3-J5B ~ S29'44 '54 "W ,5.07' ' SJ1'J2'5~ 8.55' '65.56'01 "£ 1.50' ~ EASEMENT PER ~J l/ / DOC. NO. 73-282155 <Yi; PARCEL TO 8£ VACATED ,•~ I EX. 20' SEWER -~ EASEMENT PER DOC. \p I N & Bl {;;:J 30 ~ NO. 75-282565 \, /J=81 ·25'50" L=28.42' R=20.00' I/ N56 .21 '24 "W 9.17' N64.J0'08"W 4.25 '_1, CONSERVATION EASEMENT I BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 13158 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1984 AS FILE NO. 84-061796. !::: ,. I (o S69'0J'59"W 0 7.78' EX. 10' DRAINAGE EASEMENT PER DOC. NO. 75-289313 TO BE VACA TED ~~ -~ .& .~ ti P ,, r) e ~ I 11 r\r1 u~~ -1 PM -J3-J6B 2.13' SHEET 6 OF 6 DATE: 04/01/22 SCALE: 1" = JO' PREPARED BY.· latitudeBJ PLANNING & ENGINEERING 9968 Hibert Street 'E"' Floor, San Diego, CA 92131 Tel 858.751 .0633 Assessor's Parcel Number: Project Number and Name· _E.XHIBIT C -TITLE REPORT 20 CA 02/04/13 Fidelity National Title· G. ft; (I BUILDER SERVICES 2365 Northside Drive, Suite 600 San Diego, CA 92108 Phone: (619) 521-3500 Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00120581-996-SDl-KC Latitude Planning & Engineering 9968 Hibert St., 2nd Floor San Diego, CA 92131 A ITN: Dolvin Buchanan Email: dolvin.buchanan@latitude33.com REF: PROPERTY: AL TJSMA WAY, CARLSBAD, CA Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin (SD/BS) Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com FOURTH AMENDED PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein. Chicago Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. 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. ff 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 policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida co,poration. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. Chicago Title Company By:~ Authorized Signature CLTA Preliminary Report Fonn -Modified (11/17/06) Br-~cl~ Mich:i<IJ. Nt,1,n Prt-stdcn, ATI'EST: "7,t,~~ ~ C/;,1:111ori~ Ncm~ 'ittrrtary Page I Fidelity National Title· G. !;; (j BUILDER SERVICES PRELIMINARY REPORT EFFECTIVE DATE: March 30, 2022 at 7:30 a.m. ORDER NO.: 00120581-996-SDl-KC The form of policy or policies of title insurance contemplated by this report is: 2365 Northside Drive, Suite 600 San Diego, CA 92108 Phone: (619) 521-3500 Fax: (619) 521-3608 I. THE EST ATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID EST ATE OR INTEREST AT THE DATE HEREOF IS VESTED IN : LANSHIRE HOUSING PARTNERS, LLC, a Texas limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report F onn -Modified ( 11 / 1 7 /06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00120581-996-SDI-KC THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 4 OF PARCEL MAP NO. 13158, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21 , 1984 AS INSTRUMENT NO. 84-061796 OF OFFICIAL RECORDS. APN: 2 15-240-36-00 CL TA Preliminary Report Form -Modified ( l l / l 7 /06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS Chicago Title Company ORDER NO.: 00120581-996-SDI-KC AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2022-2023. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. l. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego County Flood Control District easement for drainage channel and all structures incidental thereto June 18, 1970 as Instrument No. 70-106332 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company Tree Trimming April 16, 1954 Instrument No. 494841 Book 5207, Page 161 and May 12, 1954 Instrument No. 62395 Book 5235, Page 133 , Official Records The route thereof affects a portion of said land and is more fully described in said document. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District pipe line or pipe lines for any and all purposes, together with their necessary fixtures, appurtenances and incidental purposes October 5, 1973 as Instrument No. 73-282155 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District construction, operation, maintenance, repair, replacement of a sewer pipe line or pipelines, manholes, laterals, appurtenances, right of ingress and egress and incidental purposes October 14 I 975 as Instrument No. 75-0282565 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. San Diego County Flood Control District drainage channel and all structures incidental thereto October 20, 1975 as Instrument No. 75-289313 of Official Records CLTA Preliminary Report Form -Modified (1 1/17/06) Page4 PRELIMTNARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00120581-996-SDI-KC EXCEPTIONS (Continued) Affects:. The route thereof affects a portion of said land and is more fully described in said document. 6. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.:. Easement Purpose:. Affects:. 7784 drainage as shown on said map 7. Various matters including, but not limited to, requirements for developing or improving the land, proposed easements, covenants, conditions, restrictions and provisions set forth on Parcel Map No. 13 158. 8. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recordin_g_ No: $871 ,000.00 September 17, 2015 Lanshire Housing Partners, LLC, a Texas limited liability company Sunwest Bank Sunwest Bank September 21, 2015 2015-0497645 of Official Records 9. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Record in_g_ No: Hazardous Substances Certificate and Indemnity Agreement September 17, 2015 Lanshire Housing Partners, LLC and Sunwest Bank September 21 , 2015 2015-0497646 of Official Records Reference is hereby made to said document for full particulars. I 0. Matters contained in that certain document Entitled: Recording Date: Recordin_g_ No: Affordable Housing Agreement Imposing Restrictions on Real Property November 29, 2018 2018-0492717 of Official Rcc:ords Reference is hereby made to said document for full particulars. 11 . Water rights, claims or title to water, whether or not disclosed by the public records. 12. Matters which may be disclosed by an inspection and/or by a correct ALT A/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 13. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. CLTA Preliminary Report Form -Modified (11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDERNO.: 00120581-996-SDI-KC EXCEPTIONS (Continued) The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 14. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording_ No: Agreement for Grading Work Alga Hills Homeowners Association, and Lanshire Housing Partners, LLC February 24. 2020 2020-00907 13. Official Records Reference is hereby made to said document for full particulars. 15. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording_ No: Private Sewer Agreement for Multi-Unit Lateral Lanshire Housing Partners, LLC, and Leucadia Wastewater District October 12, 2020 2020-0615436,. Official Records Reference is hereby made to said document for full particulars. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS wmcR FOLLOW FOR INFORMATION NECESSARY TO COMPLETE TmS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified ( l I /17 /06) Page6 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00120581-996-SDI-KC l. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: LANSHIRE HOUSING PARTNERS, LLC, a Texas limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company. a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Fonn -Modified (11/17/06) Page 7 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00120581-996-SDI-KC I. None of the items shown in this report will cause the Company to decline to attach ALT A Endorsement Fonn 9 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form l 16 indicating that there is located on said Land Undeveloped Land properties, known as Altisma Way, located within the city of Carlsbad, California, , to an Extended Coverage Loan Policy. 3. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 4. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 5. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTI) Affidavit may be required to be completed and submitted with each document when DTI is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTI Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 6. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company's State Counsel. Regional Counsel, or one of their designees. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin (SD/BS)/rp CLTA Preliminary Report Form -Modified (11/17/06) Page 8 IRE SAFE .., I Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails putporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Wire Fraud Alert Federal Bureau of Investigation: http://www.(bi.gnv Internet Crime Complaint Center: http://www.ic3.gnv Page I Original Effective Date: 5/1 I /2017 Current Version Date: 5/11/2017 W1RE00l6 (OSI Rev. 12/07/17) TM and IC) Fidelity National Financial. Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective January I. 2020 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. 5/1/201 5) Last Updated March I, 20 17 MTS CO2 19 (OSI Rev. 3/2/ I 7) Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved Page I Order No. 001 20581-996-SD I-KC • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We do share Personal Information among affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt our request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada Jaw requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice: Notice Changes: Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 MISC02 I 9 (OSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00120581-996-SD I-KC last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. We may use comments or feedback that you submit to us in any manner without notice or compensation to you. Accessing and Correcting Information: Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/201 5) Last Updated March I, 2017 M1SC02 l 9 (DST Rev. 3/2/17) Copyright IC 2017. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00120581-996-SDI-KC Notice of Available Discounts Pursuant to Section 2355.3 in Title IO of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RA TE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-2010 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCJA TION 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 bad 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. lnvalidity 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 8 , 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: I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such 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 HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. 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; Attachment One (6-5-14) CA & NV 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 bankn1ptcy, 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: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 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 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 fo r 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 I l(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 TI,( t(or nhis policy does not insure against loss or damage, and the Company will not pay costs. attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV (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. PARTTI 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 AL TA 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: 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 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 lnsured Claimant and not disclosed in writing to the Company by the Insured C laimant 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: I. (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.) Attachment One (6-5-14) CA & NV ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) 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: 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 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), I 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. 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 modi fy 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 lo 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 I l(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. I 0. 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. Attachment One (6-5-14) CA & NV FOR THE PURPOSES OF DOCUMENT RECORDATION, THE FINAL PAGE OF THE TITLE REPORT ASSESSORS PARCEL MAP PAGE 215-24, SHEET 1 OF 9 IS HEREBY INCORPORATED BY REFERENCE Assessor's Parcel Number: Project Number and Name. EXHIBIT D -EASEMENT PLOT EXHIBIT 21 CA 02/04/13 EXHIBIT D '--- t'/II! . /2~ 1' I I ,fi;p/ I Jo '16t~!l ; '(" tol\ro I 1¼~ / ~ CJ~<J., :J ~ I L / / I i/ /!/1( / // 1 I Ill .. / I 7 I II ~ I I ~~ \\ _j I S/ / \\--,l/ ~t-f / \ !{t /;y/ \ I \1 t, / I I ( \ \ \ \ I -- EASEMENT L,EQEN) @ /MJICATCS 20' tllD£ S£11El1 EASEl/ENT GRANT£D TO LMO P£R DOC. HO. 2020-/Jl521115 R(CQ10CD OCT08£11 14, 2020 @ INOICATCS PflOPOSED WA1Dl EASEl/ENT GRAN7£D TO CMMO l/£RCOH PCII arr 0/' CAIILSBAD Tl/ACT 15-01 @ INOICATCS PflOPOSED ORAIHAGC fASEl/fNT GRANT£D TO arr 0/' CAIILSBAD /£/lfOH P£R arr 0/' CARL!B!IJ Tl/ACT 15-01 @ /HOICATCS SDClt£ EASEl/ENT R(CQ10CD APRf. 16, I/ISi AS Fl£ HO. 491UI (J()(}I( 5207, PAGC 161 © INOICATCS 20' LMO f.ASOlfHT 1/fCCRDCD OCT08£/I 14, 1975 AS Fl£ HO. 75-0282565 TO Bl VACAT£D I 'I- ii!~ <fS <J..'("f .,...,. / 0 40 80 160 240 t..-~-I --( IN rnT ) l lnah•BO ft. I N ! ffi ~ Assessor's Parcel Number: Project Number and Name: EXHIBIT E-MITIGATION PLAN 22 CA 02/04/13 Color images and/ or exhibits have been removed from this report for legal recordation purposes. Full reports are on file with the City of Carlsbad under CTIS-01 and are hereby fully incorporated by reference. 0 N • S I T E M I T I G AT I O N P LA N CASCADA VERDE RESIDENTIAL DEVELOPMENT PROJECT CITY OF CARLSBAD SAN DIEGO COUNTY, CALIFORNIA ARMY CORPS NWP NO. SPL-2015-00663-RRS RWQCB CERTIFICATION NO. R9-2017-0022 CDFW SAA NO. 1600-2016-0242-RS Prepared for: Lanshire Housing Partners, LLC 2633 South Fairfax Avenue Culver City, California 90232 Contact: Matt Nelson (310) 837-2633 Email: matt@ikonlimited.com Prepared by: LSA 703 Palomar Airport Road, Suite 280 Carlsbad, California 92011 Contact: Jaime Morales (760) 931-5471 Email: Jaime.Morales@LSA.net LSA Project No, IKN1301 LSA June 2021 ON·SITE MITIGATION PLAN JUNE 2021 CASCADA VERDE RESIDENTIAL DEVELOPMENT PROJECl CITY Of CARLSBAD, CALIFOJINIA TABLE OF CONTENTS LSA SECTION 1.0: INTRODUCTION ................................................................................................................ 1 1.1 RESPONSIBLE PARTIES .................................................................................................. 1 1.2 PROJECT LOCATION ...................................................................................................... 1 1.3 PROJECT DESCRIPTION ................................................................................................. 1 1.4 SUMMARY OF IMPACTS AND REQUIRED MITIGATION ................................................ 1 SECTION 2.0: MITIGATION GOALS .......................................................................................................... 6 2.1 TYPES AND AREAS TO BE CREATED, RESTORED, AND ENHANCED ............................... 6 2.1.1 Wetland Habitat Creation ............................................................................... 6 2.1.2 Riparian Woodland Restoration ...................................................................... 6 2.1.3 Riparian Woodland Enhancement .................................................................. 6 2.2 FUNCTIONS AND VALUES OF HABITAT TYPES TO BE CREATED, RESTORED, AND ENHANCED ................................................................................................................... 6 2.3 TIME LAPSE BETWEEN JURISDICTIONAL IMPACTS AND EXPECTED MITIGATION SUCCESS ........................................................................................................................ 8 2.4 ESTIMATED TOTAL COST OF MITIGATION .................................................................... 8 2.5 SPECIAL AQUATIC HABITATS, OTHER WATERS OF THE UNITED STATES, AND NON-JURISDICTIONAL AREAS PROPOSED AS MITIGATION .......................................... 8 2.6 OVERALL WATERSHED IMPROVEMENTS TO BE GAINED ............................................. 8 SECTION 3.0: DESCRIPTION OF PROPOSED ON-SITE MITIGATION ......................................................... 9 3.1 SITE SELECTION PROCESS ............................................................................................. 9 3.2 LOCATION AND SIZE OF MITIGATION AREAS ............................................................... 9 3.3 OWNERSHIP STATUS .................................................................................................... 9 3.4 EXISTING FUNCTIONS AND VALUES OF THE MITIGATION SITE .................................... 9 3.5 PRESENT AND PROPOSED USES OF THE MITIGATION SITE AND ALL ADJACENT AREAS ........................................................................................................................... 9 3.6 REFERENCE SITE ............................................................................................................ 9 SECTION 4.0: MITIGATION SITE IMPLEMENTATION PLAN ................................................................... 10 4 .1 BASIS FOR SUCCESS .................................................................................................... 10 4 .2 FINANCIAL ASSURANCES ............................................................................................ 10 4 .3 IMPLEMENTATION SCHEDULE ................................................................................... 10 4 .4 CONTRACTING REQUIREMENTS ................................................................................. 10 4.5 MITIGATION SITE PREPARATION ................................................................................ 11 P:\L.SH2101 • cascada Verde\C.scada Verde On•Slte Mitigation Plan_rev June 2021.docx (06/03/21) ON•SITE MITIGATION PLAN JUNE 2021 CASCAOA VERDE RESIDENTIAL DEVELOPMENT PltOHCl CITY Of CARLSBAD, CALIFORNIA LSA 4.5.1 Debris Removal ............................................................................................. 11 4.5.2 Soil Grading ................................................................................................... 11 4.5.3 Weed Eradication .......................................................................................... 11 4.6 PLANTING PLAN .......................................................................................................... 11 4.6.1 Wetland Habitat Creation Area Plant Palette and Seed Mixes ..................... 11 4.6.2 Riparian Woodland Restoration Plant Palette and Seed Mix ....................... 12 4.6.3 Container Plant and Cutting Installation ....................................................... 13 4.6.4 Seed Mix Application ..................................................................................... 16 4.7 IRRIGATION PLAN ....................................................................................................... 17 4.8 SIGNAGE ..................................................................................................................... 17 4.9 120-DAY PLANT ESTABLISHMENT PERIOD ................................................................. 17 4.10 FINAL ACCEPTANCE OF MITIGATION SITE INSTALLATION ......................................... 17 4.11 AS-BUILT CONDITIONS ............................................................................................... 18 SECTION 5.0: MAINTENANCE ............................................................................................................... 19 5.1 WEED CONTROL ......................................................................................................... 19 5.1.1 Herbicide Treatment Guidelines ................................................................... 19 5.2 PEST CONTROL ........................................................................................................... 20 5.3 FERTILIZATION ............................................................................................................ 20 5.4 PRUNING AND LEAF LITTER ........................................................................................ 20 5.5 REMOVAL OF TRASH AND DEBRIS .............................................................................. 20 5.6 REPLACEMENT OF DEAD OR DISEASED PLANT MATERIALS ....................................... 20 SECTION 6.0: MONITORING AND REPORTING ..................................................................................... 21 6.1 PERFORMANCE OBJECTIVES ....................................................................................... 21 6.2 SUCCESS CRITERIA ...................................................................................................... 21 6.3 MONITORING METHODS ............................................................................................ 22 6.3.1 Monitoring During Site Preparation and Installation .................................... 22 6.3.2 Qualitative Monitoring .................................................................................. 22 6.3.3 Quantitative Monitoring ............................................................................... 23 6.3.4 Monitoring Schedule ..................................................................................... 23 6.4 ANNUAL MONITORING REPORTS ............................................................................... 23 SECTION 7.0: COMPLETION OF COMPENSATORY MITIGATION ........................................................... 25 7.1 NOTIFICATION OF COMPLETION ................................................................................ 25 7.2 AGENCY CONFIRMATION ........................................................................................... 25 7.3 LONG-TERM PRESERVATION/MANAGEMENT ............................................................ 25 SECTION 8.0: CONTINGENCY MEASURES ............................................................................................. 26 P:\LSH2101 -Cascada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) ii ON-SITE MITIGA.TI0N PLA.N JUNE 2021 CASCAOA VutOE RESIDENTIAL DEVELOPMENT PROJECT CITY Of CARLSBAD, CALIFORNIA LSA 8.1 INITIATING PROCEDURES ........................................................................................... 26 FIGURES Figure 1: Project Location ....................................................................................................................... 2 Figure 2: Impacts to Aquatic Resources ................................................................................................. 3 Figure 3: Impacts to Vegetation Communities ....................................................................................... 4 Figure 3: Mitigation Areas ...................................................................................................................... 7 Figure 5: Container Plant Details .......................................................................................................... 14 Figure 6: Cutting Details ....................................................................................................................... 15 TABLES Table A: Impacts to Waters of the United States ................................................................................... 5 Table B: Impacts to Areas Subject to CDFW Jurisdiction ........................................................................ 5 Table C: Impacts to Vegetation Communities (Acres) ............................................................................ 5 Table D: Riparian Woodland Plant Palette Creation Area .................................................................... 12 Table E: Riparian Woodland Seed Mix Creation Area .......................................................................... 12 Table F: Freshwater Marsh Seed Mix Creation Area ............................................................................ 12 Table G: Riparian Woodland Plant Palette Restoration Area ............................................................... 12 Table H: Riparian Woodland Seed Mix Restoration Area ..................................................................... 13 Table I: Success Criteria ........................................................................................................................ 21 P:\LSH2101 • Cascada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.dotx (06/03/21) iii ON-SITE MITIGATION PLAN JUN£ 2021 CASCAOA VERDE RESIDENTIAL 0 EVELOPMEN1 PROJECT c,rv OF CAIIILSIAD, CAllfOIII.NIA LSA SECTION 1.0: INTRODUCTION On behalf of Lanshire Housing Partners, LLC (Lanshire) and in accordance with the City of Carlsbad Habitat Management Plan, the United States Army Corps of Engineers (Army Corps) Nationwide Permit Number SPL-2015-00663-RRS, Regional Water Quality Control Board (RWQCB) Water Quality Certification Number R9-2017-0022, and California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement Number 1600-2016-0242-RS, LSA has prepared this On-Site Mitigation Plan for the on-site creation, restoration, and enhancement of jurisdictional wetland waters of the United States and streambed and associated riparian habitat at the Cascada Verde Residential Development Project (project). Additional off-site mitigation measures are addressed in a separate document. 1.1 RESPONSIBLE PARTIES Project Owner: Lanshire Housing Partners, LLC 2633 South Fairfax Avenue Culver City, California 90232 Contact: Matt Nelson Phone: (310) 837-2633 Email: matt@lkonlimited.com 1.2 PROJECT LOCATION Mitigation Plan Preparer: LSA 703 Palomar Airport Road, Suite 280 Carlsbad, California 92011 Contact: Jaime Morales Phone: (760) 814-7149 Email: Jaime.Morales@LSA.net The project is within a canyon north of Alicante Road, between Altisma Way and Altiva Place in the City of Carlsbad (City), San Diego County, California (Figure 1). The project is within the South Coast subregion of the Southwestern California region of the California Floristic Province and within the Carlsbad Hydrologic Unit (HU) (Carlsbad Watershed) and in Sections 25 and 36, Township 12 South, and Range 4 West of the United States Geological Survey (USGS) Encinitas, California 7.5-minute topographic quadrangle map. 1.3 PROJECT DESCRIPTION Lanshire (or its successor in interest) proposes to construct 35 condominium dwelling units on a vacant and undeveloped 3.67-acre parcel. 1.4 SUMMARY OF IMPACTS AND REQUIRED MITIGATION Tables A, B, and C display the total anticipated acreages of project-related impacts to waters of the U.S subject to regulation by the Army Corps and the RWQCB pursuant to Sections 404 and 401 of the Federal Clean Water Act (CWA); CDFW jurisdictional streambed, banks, and associated riparian vegetation; and vegetation communities, respectively. Also displayed is the mitigation requirement for each resource. HMP-required mitigation for permanent impacts to riparian woodland satisfies the mitigation requirements from the Army Corps, the RWQCB, and the CDFW for impacts to waters of the United States and CDFW jurisdictional streambed, banks, and associated riparian vegetation. Figures 2 and 3 depict the extent of impacts to resource agency jurisdiction and vegetation communities within the project area, respectively. P:\LSH2101 • cascada Verde\cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 1 ON·SITE M ITIGATION PLAN JUNE 2021 CASCAOA VERDE RESIDENTIAL DEVELOPMENT PROJECT CITY OF (ARLS8A0, CALIFORNIA LSA Table A: Impacts to Waters of the United States Non-Wetland Total Army Corps Linear Wetland Waters Jurisdiction Feet Waters (Acres) (Acres) (Acres) ~ .. ~ .. ~ .. ~ .. C C C C I! CII "' CII "' CII I! CII C ... C ... C C 0 "' 0 "' 0 "' 0 "' Mitigation CL E CL E CL E 0. E E ... E ... E ... E ... Requirement CII CII CII CII CII CII ~ CII Feature I-a. I-a. I-a. a. (Acres) Drainage and Associated 160 283 0.14 0.38 0 0 0.14 0.38 0.57 Terraces/Riparian Habitat Table B: Impacts to Areas Subject to CDFW Jurisdiction Streambed/Banks and Total CDFW Mitigation Linear Feet Riparian Vegetation (acres) Jurisdiction Requirement Feature Temporary Permanent Temporary Permanent (acres) (Acres) Drainage and Associated 160 283 0.19 0.88 1.07 1.32 Terraces/Riparian Habitat Table C: Impacts to Vegetation Communities (Acres) Permanent HMP-Mitigation Requirement Vegetation Community Temporary (Acres) Riparian Woodland 0.19 0.88 2.64 Native Grassland 0.01 0.32 0.96 Unoccupied Coastal Sage Scrub 0.06 0.22 TBD• Nonnative Grassland 0.01 0.28 TBD• Eucalyptus Woodland 0.06 0.51 TBD• Landscape/Ornamental 0.14 0.29 N/A Disturbed Land 0.03 0.19 TBD• Developed 0.04 0.00 N/A • Per the HMP, off-site mitigation for impacts to these vegetation communities that is not conserved or mitigated on site, shall be satisfied through payment of per-acre in-lieu mitigation fee amounts to be determined by the City Council. P:\l5H2101 • Cascada Verde\cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 5 ON-SITE M ITIGATION PLAN JUNE 2021 CASCADA VERDE RESIDENTIAL DEVELOPMENT PROJECT CITY Of CAIHS6AD, CALIFOftNIA LSA SECTION 2.0: MITIGATION GOALS The purpose of this mitigation plan is to define the compensatory mitigation approach for impacts to jurisdictional areas resulting from the proposed project. Figure 4 displays the creation, restoration, and enhancement areas within the project boundaries. 2.1 TYPES AND AREAS TO BE CREATED, RESTORED, AND ENHANCED The mitigation program consists of 0.12 acre of wetland habitat creation, 0.19 acre of riparian woodland restoration, and 0.42 acre of riparian woodland enhancement, with a total on-site mitigation area of 0.73 acre. 2.1.1 Wetland Habitat Creation A total of 0.12 acre of a combination of coastal sage scrub, nonnative grassland, eucalyptus woodland, landscape/ornamental vegetation, and disturbed land to be affected by drainage- realignment activities will be converted to wetland habitat. These creation areas will be graded to promote wetland hydrology and prevent scour and will be planted with container plants, cuttings, and seed of native wetland species. 2.1.2 Riparian Woodland Restoration A total of 0.19 acre of temporary impacts to riparian woodland will be restored by the installation of container plants, cuttings, and seed of in-kind native riparian species. 2.1.3 Riparian Woodland Enhancement A total of 0.42 acre of riparian woodland within the southern half of the drainage will not be affected by project-related activities. This land will be enhanced, meaning that all nonnative species will be removed mechanically or by treatment with herbicides approved by the Environmental Protection Agency for use in aquatic environments. LSA anticipates that native vegetation will fill in the voids left by the removed nonnative vegetation. However, if the voids appear to be greater than that which can be filled by the existing vegetation, installation of container plants, cuttings, and/or seed will occur. 2.2 FUNCTIONS AND VALUES OF HABITAT TYPES TO BE CREATED, RESTORED, AND ENHANCED The functions and values of the habitat to be created, restored, and enhanced will reflect those of the habitat to be affected; however, because native plant species will be installed and nonnative vegetation will be removed, the functions and values will be better after completion of mitigation than before. P:\LSH2101 -Cascada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 6 ON·StTE MITIGATION PLAN JUNE 2021 CASCA0A VERD£ RESIDENTIAL OEV£LOPMENT PROJECT CITY OF CAIUSBAD, CALIFO"-NIA LSA 2.3 TIME LAPSE BETWEEN JURISDICTIONAL IMPACTS AND EXPECTED MITIGATION SUCCESS The mitigation program will be implemented immediately after completion of construction of the proposed project. The mitigation program will be subject to a five-year maintenance and monitoring period, after which the mitigation is expected to meet the final success criteria. 2.4 ESTIMATED TOTAL COST OF MITIGATION The estimated cost of site preparation, installation, maintenance, and monitoring of the mitigation site is $150,000 (subject to change based on contractor fees). 2.5 SPECIAL AQUATIC HABITATS, OTHER WATERS OF THE UNITED STATES, AND NON-JURISDICTIONAL AREAS PROPOSED AS MITIGATION The mitigation site includes the creation of 0.12 acre of wetland habitat, restoration of 0.19 acre of riparian woodland, and enhancement of 0.42 acre of riparian woodland. No special aquatic habitats, other waters of the United States, or non-jurisdictional areas are proposed as mitigation. 2.6 OVERALL WATERSHED IMPROVEMENTS TO BE GAINED The watershed will gain increased native habitat for species that forage and/or nest in wetland and riparian habitat because the area affected by construction will be replaced at a ratio (area mitigated to area affected) of 2. 73:1 for temporary impacts and 6.6:1 for permanent impacts (per the RWQCB Water Quality Certification). P:\LSH2101 • Cascada Verde\cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 8 O N-SITE M ITIGATION PLAN JUNE 2021 C.UCA0A VEJIOE RESIDENTIAL DEVELOPMENT PROJECT CITV Of CARLSBAD, CALIFORNIA LSA SECTION 3.0: DESCRIPTION OF PROPOSED ON-SITE MITIGATION 3.1 SITE SELECTION PROCESS The proposed creation areas were selected to accommodate the realignment of the intermittent drainage, because of their proximity to the drainage, and because they consist primarily of nonnative vegetation communities (e.g., nonnative grassland, eucalyptus woodland, landscape/ ornamental vegetation, and disturbed land) that are considered to be of less biological value than native wetland habitat. The restoration and enhancement areas were incorporated into the project design as a means of minimizing impacts to jurisdictional areas. 3.2 LOCATION AND SIZE OF MITIGATION AREAS The on-site mitigation areas occur along the existing unnamed intermittent drainage and adjacent terraces. The total on-site mitigation area is 0.73 acre. 3.3 OWNERSHIP STATUS The mitigation site is owned by Lanshire (or its successor in interest). 3.4 EXISTING FUNCTIONS AND VALUES OF THE MITIGATION SITE The mitigation site currently consists of vacant land within an undeveloped canyon surrounded by residential development. An unnamed intermittent drainage conveys flows from north to south through the canyon. The majority of the area within the canyon consists of riparian woodland. The site also contains eucalyptus (Eucalyptus sp.) woodland, nonnative grassland, coastal sage scrub, and a small patch of native grassland. Remnant developed areas containing brick flooring, retaining walls, fire pits, and awnings are scattered throughout the southern portion of the canyon, under the riparian woodland canopy. As described in the Jurisdictional Delineation Report for this project prepared by LSA in October 2016, existing functions and values at the mitigation site were determined to have a moderate to high significance in terms of resources. However, these functions and values are affected by the presence of nonnative vegetation and scattered debris. 3.5 PRESENT AND PROPOSED USES OF THE MITIGATION SITE AND ALL ADJACENT AREAS The proposed mitigation site is currently vacant, undeveloped land. The site is surrounded by residential development and roads. Although condominiums will be built within the project site, the proposed use of the mitigation site is to create, restore, and enhance wetland and riparian habitat. 3.6 REFERENCE SITE The existing wetland and riparian habitat within the enhancement area will serve as the reference site. This area is representative of wetland and riparian habitat in the general area and it will not be affected by project-related activities. Enhancement of the area, as part of the mitigation program, will further improve its quality. P:\LSH2101 · cascada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/211 9 ON·SITE M ITIG,t.TI0N PLAN JUNE 2021 CASCADA V EADE RESIDENTIAL DEVELOPMENT PROJECT CITY OF CAIIILSIA0, CALIF0ftNIA SECTION 4 .0: MITIGATION SITE IMPLEMENTATION PLAN 4.1 BASIS FOR SUCCESS The mitigation program is expected to be successful for the following reasons: LSA • The wetland habitat creation areas are adjacent to the existing intermittent drainage; therefore, grading to meet the elevation of the existing drainage will provide the created areas with the wetland hydrology necessary to support wetland species. • The riparian woodland restoration areas will be revegetated after completion of temporary impacts associated with construction of the project. Because the hydrology and soils that are currently supporting riparian vegetation will remain after construction, installed riparian vegetation will have a high likelihood of success. • The riparian woodland enhancement areas will not be affected by project construction and the removal of nonnative vegetation; routine monitoring will preclude the proliferation of nonnative vegetation. • The plant palettes and seed mixes provided in this plan include locally-present wetland and riparian species. When feasible, propagules for shrub and tree container plantings and cuttings shall be collected from plants growing on the project site or in the local area. The use of site- specific materials-those adapted to local conditions-increases the likelihood that revegetation will be successful and maintains the genetic integrity of the local ecosystem. Seed will be sourced from local vendors. • A qualified habitat restoration specialist or biologist knowledgeable in native habitat restoration will supervise the implementation, maintenance, and progress of the mitigation site. • The mitigation plan allows for adaptive management and remedial action, as necessary. 4.2 FINANCIAL ASSURANCES All costs associated with this mitigation program are the responsibility of Lanshire (or its successor in interest). Upon successful completion of the mitigation program and receipt of resource agency and City confirmation of program success, Lanshire's (or its successor in interest's) financial responsibilities will be fulfilled. 4.3 IMPLEMENTATION SCHEDULE Grading associated with wetland habitat creation will occur after completion of grading associated with project construction. Removal of existing structures within the mitigation areas and plant and seed installation will occur after completion of project construction. 4.4 CONTRACTING REQUIREMENTS Lanshire (or its successor in interest) will retain the services of a landscape contractor with a proven history of successfully implementing wetland and riparian habitat mitigation/restoration plans. P:\LSH2101-Cascada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.docx 106/03/21) 10 ON·SIH M ITIGATION PLAN JUNE 2021 (ASCADA VER0E RESIDENTIAL DEVELOPMENT PROJECT CITY OF C,O:LSIAD, CALIFOIINIA LSA lanshire (or its successor in interest) will retain a qualified project biologist to monitor, assess, and report on the on-site creation, restoration, and enhancement efforts. The landscape contractor and project biologist must have at least five years of demonstrable experience with successful native habitat restoration within southern California, including the habitat to be restored on this project and must be able to identify native and nonnative species. 4.5 MITIGATION SITE PREPARATION Mitigation site preparation activities consist of debris removal, soil grading, and weed eradication prior to plant and seed installation. 4.5.1 Debris Removal All existing structures not necessary for surface water conveyance will be removed from the mitigation areas. These structures consist of brick pavers, retaining walls, fire pits, and awnings. 4.5.2 Soil Grading The wetland habitat creation area will be graded to achieve the natural contour and hydrology present in adjacent wetland areas. The project biologist must be present during grading to provide oversight to prevent impacts to sensitive areas outside of the wetland habitat creation areas. 4.5.3 Weed Eradication All nonnative or invasive species present within the mitigation areas will be removed prior to installation of plant material. Removal of nonnative and/or invasive vegetation will be conducted under direction of the project biologist. 4.6 PLANTING PLAN This section includes specifics related to container plant, cutting, and seed types, quantities, and spacing (if applicable) for each mitigation area. Container plants, cuttings, and seed specifications for the Riparian Woodland Enhancement Area are not included because natural recruitment of native vegetation (or growth of existing native plants) is expected to fill in the voids left by the removed nonnative vegetation. However, if the voids appear to be greater than that which can be filled by the existing vegetation, installation of container plants, cuttings, and/or seed will be necessary and will follow the specifications listed below, although the plant and seed quantities will differ. 4.6.1 Wetland Habitat Creation Area Plant Palette and Seed Mixes Tables D and E summarize the species and quantities of plants to be installed and the seed to be applied at the 0.12-acre creation areas. Table F includes a freshwater seed mix that could be applied to the sections of the creation area within the drainage bottom during a period of low flow when the seed will not be immediately washed downstream. P:\LSH2101-Cascada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 11 ON-SITE M ITIGATION PLAN JUNE 2021 CASCAOA VERDE RESIDENTIAL 0 1:VEL0PMENT PROJl:Cl CITY OF CARLSBAD, CALIFORNIA LSA Table D: Riparian Woodland Plant Palette Creation Area Scientific Name Common Name Container Size Quantity Spacing Baccharis sa/icifo/ia mule fat locally-obtained cuttings 25 4 to 6 feet Iva hayesiana San Diego marsh-elder 1-gallon 20 4 to 6 feet Juncus acutus leopoldii southwestern spiny rush 1-gallon 20 4 to 6 feet Sa/ixexigua sandbar willow locally-obtained cuttings 45 4 to 6 feet So/ix lasiolepis arroyo willow locally-obtained cuttings 50 4 to 6 feet Platanus racemasa western sycamore 1-gallon 10 12 feet Table E: Riparian Woodland Seed Mix Creation Area Scientific Name Common Name Pounds/Acre Quantity (Pounds) Anemopsis californica yerba mansa 1.25 0.15 Artemisia douglasiana mugwort 1.50 0.18 Artemisia dracuncu/us tarragon 1.50 0.18 Mimulus guttatus seep monkey flower 0.50 0.06 Phace/ia cicutaria caterpillar phacelia 1.50 0.18 Pluchea odorata marsh fleabane 0.50 0.06 Table F: Freshwater Marsh Seed Mix Creation Area Scientific Name Common Name Pounds/Acre Quantity (Pounds) Cyperus eragrostis tall flatsedge 0.50 0.02 Eleocharis macrostachya common spikerush 1.00 0.05 Schoenoplectus americanus chairmaker's bulrush 2.00 0.10 Typha latifo/ia broadleaf cattail 0.50 0.02 4.6.2 Riparian Woodland Restoration Plant Palette and Seed Mix Tables G and H summarize the species and quantities of plants to be installed and the seed to be applied at the 0.19-acre restoration areas. Table G: Riparian Woodland Plant Palette Restoration Area Scientific Name Common Name Container Size Quantity Spacing Baccharis sa/icifo/ia mule fat locally-obtained cuttings 40 4 to 6 feet Iva hayesiana San Diego marsh-elder 1-gallon 40 4 to 6 feet Juncus acutus Jeopoldii southwestern spiny rush 1-gallon 40 4 to 6 feet Salix exigua sandbar willow locally-obtained cuttings 80 4 to 6 feet Salix lasiolepis arroyo willow locally-obtained cuttings 110 4 to 6 feet Platanus racemosa western sycamore 1-gallon 15 12 feet P:\LSH2101-Cascada Verde\tascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 12 0N-51H MITIGATION PLAN JUNE 2021 CASCAOA VERDE RESIDENTIAL 0 EVHOPMUH PROJ£Cf CITY Of C.O:LS6AD, CALU ORNIA LSA Table H: Riparian Woodland Seed Mix Restoration Area Scientific Name Common Name Pounds/Acre Quantity (Pounds) Anemopsis californica yerba mansa 1.25 0.26 Artemis/a douglasiana mugwort 1.50 0.32 Artemis/a dracuncu/us tarragon 1.50 0.32 Mimulus guttatus seep monkey flower 0.50 0.11 Phocel/a cicutoria caterpillar phacelia 1.50 0.32 Plucheo odorata marsh fleabane 0.50 0.11 4.6.3 Container Plant and Cutting Installation All plants shall be spaced in natural-looking patterns so that each species is distributed throughout the planting area and plants are not crowded together. Plants shall be arranged in species groups at the direction of the project biologist based on the microhabitat conditions present, the recommended spacing guidelines in the plant palettes, and the goals for the areas to receive plantings. All container plants are to be installed according to the following specifications (as depicted in Figure 5): • All planting holes shall be augered, shall have vertical sides with roughened surfaces, and shall be at a minimum three times as deep as the container plant's root ball and two times as wide. • Prior to augering, all vegetation shall be removed within a 24-inch diameter around the planting location. Should a desired native plant species occur in the proposed area to be cleared, the planting hole locations shall be adjusted to avoid affecting the existing native plant. • Any roots wrapped around the sides of the container shall be pulled loose from the root ball. The sides of the root ball shall be scarified to promote new root development. • Plants shall be installed with the roots untangled and laid out in the planting hole. • Roots shall be adequately protected at all times from the sun and/or drying winds. • After excavation and before planting, the planting holes shall be filled approximately half full with water, backfilled with thoroughly broken-up native soil, and then completely filled with water to minimize soil settling after installation. • Plants shall be set in the planting holes so that the crowns of the root balls are between 0.5-inch and 0.75-inch above finish grade. The crowns of the plants shall not be depressed. • A watering basin 24 inches in diameter shall be constructed around each plant at grade level, not below grade. • Each plant is to be individually watered at the time of planting with sufficient water to reach the lower roots. All cuttings are to be installed according to the following specifications (as depicted in Figure 6): • Mule fat and willow cuttings will consist of locally obtained cuttings from 0.5 to 1 inch in diameter and approximately 36 to 48 inches in length. P:\LSH2101 • cascada Verde\caseada Verde On-Site Mitigation Plan_rev June 2021.doex (06/03/21) 13 LSA Root Crown at 1/2" Above Finished Grade 3" Hand-Compacted ~ Earthen Berm '----._..-Finished Grade c]ll1 ~~ I~ § 1111 § 1111 §11111 ~Ill IT I= 1111 = Ill -z, §1111·\ I;:: Ill ? f.f:J111 § 1111 § 1111 § 1111 § 1111 § f-J 1111 § 1111 § II' = "' Au11ered Hole 2x Container Depth 1.5x Container Width Root Ball 1 Gallon >•cjllll -I B~ckfill ~lantin~ Hole .4 . .... Wtth Native S011 '111§1111§1111§1111: 24" PLANTING DETAIL Root Crown at 1 /2" Above inished Grade ~ Plant Material Augered Hole 2x Deep, 2 x Container Depth 1.5x Container Width -1111~:IIIIP '11§1111§1111 1111 ~ i 1111 . 1111 :§ Ill 1¥: 1111 'l§llll ~L.,_,...,...,..J: 11111 1:§ Ill! 1111 I 3" Hand Compacted Earthen Berm Finished Grade 1 Gallon Ill = 1 '•:.:·:c·:::,·c•:::-:.' 1111 = 1111 · Wtlh Native Soil ~ Ill!_-~\;?\},~,·= ;;;~ 111~ 1 B~ckfill ~!anting Hole 111 ::'°':':/>"/'· _ 1111 =' 24" SLOPE PLANTING DETAIL FIGURE 5 Cascada Verde Residential Development Project Container Plant Details l:\IKN1301\G\Plantings.cdr (9/30/2016) LSA l:\IKN1301\G\Cutting_Details.cdr (10/20/2016) Top Cut Square ~--------~-Locally Obtained 36" _ 48• ,..., .----~utting Planted with Buds 3" Hand-Compacted •, ..,..------in Upward Direction. 36" Earthen Berm 24" 36" / Finished Grade ~ 1111§111 "~ 1111 g 111 t % 1111 § 1111 = 1111 - """ 1111 § I I \ § 1111 ~ ' Backfill and Compact 111 g 111 !} / = = With Native Soil. 1111 § I if :;; Tamp Soil to Remoye Air Ill g Ill }) / Pockets from Planting Hole. 1111 § I ( :\; II 2" Diameter Planting Hole 1111§"' ·.·. :·. u- 11111 11111§ 11111 § ii•11;.} § 1111 1 Bottom Cut Slanted 1111 §= ... ,., .. t..: .... ---i-- J!.!.!. 11121111=1111= 18" CUTTING PLANTING DETAIL Top Cut Squar\. 24" -111§1111 "§1111:1 =1111 1111 ~ ~ Ill 1111' Locally Obtained 36" -48" ---~utting Planted with Buds .....----in Upward Direction. /-111;1---3" Hand Compacted Earthen Berm Existing Grade Varies 1111 -f -i 1111 = With Native Soil. = Ill i; { _; 1111 Tamp Soil to Remove Air 1111 / /: 1111 § Pockets from Planting Hole. = Ill fut -"'.:..:" "'-Backfill and Compact = 111 r ::-= 1111 y y ::II i);\i!~§' ......_ 2" Diameter Planting Hole II= ftr~ ffi ...... ......___Bottom Cut Slanted -1111~1• CUTTING SLOPE PLANTING DETAIL FIGURE 6 Cascada Verde Residential Development Project Cutting Det ails ON·StTE M ITIGATION PLAN JUNE 2021 CASCADA VERDE RESIDENTIAL 0 EVELOPMENr PROJECT (ITV OF CARLSI AD, CALIFORNIA LSA • The cuttings shall be planted within 48 hours of being harvested and shall be kept moist. Cuttings not planted within 48 hours after cutting or cuttings allowed to dry out will not be used. • No more than 20 percent of any donor plant may be harvested. • At the time of collection, the basal ends shall be cut at a 45-degree angle, and if terminal ends are cut, then they will be cut perpendicular to the length of the cutting to maintain the proper orientation during installation. • Prior to installation, the basal ends of the moist cuttings will be treated with rooting hormone and allowed to dry in open air and out of direct sunlight for 30 to 45 minutes. • The cuttings shall be installed in augered holes to a minimum depth of 24 inches and 2 inches in diameter. • After cutting insertion within the planting hole, the hole is to be backfilled with native soil and compacted to remove air pockets. • A watering basin 18 inches in diameter shall be constructed around each cutting at grade level, not below grade. • Each cutting is to be individually watered at the time of planting with sufficient water to reach the basal end. 4.6.4 Seed Mix Application Seed shall be applied via hydroseed.1 At the time of hydroseeding, all hydroseed mixing shall be performed in a tank with a built-in continuous agitation and recirculation system of sufficient capacity to produce homogenous slurry and a discharge system that will apply the slurry to designated areas at a continuous and uniform rate. Water shall be provided by the landscape contractor and shall be free of impurities, excess chlorine, and salts. The tanks, trucks (including tires), all hoses, and workers' boots shall be triple-rinsed prior to entering the project site. The hydroseed will be applied in a two-step method, as follows: • First Application o Specified seed mix • Second Application o 1,000 pounds of wood fiber mulch per acre The first application slurry preparation shall take place at the project site. All seed bags shall be inspected by the project biologist prior to mixing. All seed bag labels shall be provided to the project biologist following the mixing. The agitator system shall be activated and the water shall be added Except for the freshwater marsh seed mix, which will be manually broadcast. P:\l5H210l • cascada Verde\cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 16 ON·StTE M ITIGATION PLAN JUNE 2021 CASCADA VERDE RESIDENTIAL DEVELOPMENT PROJECT CITY OF CARLSBAD, CALIFORNIA LSA until the water level has reached the height of the agitator shaft; at this point, the specified seed mix shall be added to the tank. The second slurry application will take place at the project site immediately following the first slurry application. The agitator system shall be activated and when the tank is at least 30 percent full, the wood fiber mulch shall be added. Following application, all activity on the mulch layer must be kept to a minimum. 4.7 IRRIGATION PLAN The landscape contractor will be responsible for the survival and establishment of the installed plant materials. Supplemental irrigation shall be supplied, as necessary, by use of a temporary irrigation system, hand watering, or other means subject to the approval of the project biologist until the plantings are established as determined by the project biologist. All costs associated with any system shall be included in the maintenance budget. The landscape contractor will remove the system when the project biologist and landscape contractor agree that supplemental watering is no longer necessary to ensure the survival of the installed plant materials. All plants must survive and grow for at least two years without supplemental water for the mitigation program to eligible for sign off. 4.8 SIGNAGE Appropriate signage must be placed at regular intervals around the perimeter of the mitigation site to restrict access. The project biologist should prepare the signage language. 4.9 120-DAY PLANT ESTABLISHMENT PERIOD Following installation of the specified plant materials, the landscape contractor shall be responsible for maintaining the mitigation site for a 120-day Plant Establishment Period (PEP). Maintenance during the PEP shall follow the specifications outlined in the Maintenance Activities section, below. All plant materials shall be in a healthy and flourishing condition of active growth 120 days from the date of installation. All container plants that have died or are displaying unreasonably slow growth shall be replaced with the same type and size species, at the cost of the landscape contractor. The project biologist shall determine the need to replace installed plant materials. All delays in the completion of planting installation that extend the installation into more than one planting season shall extend the warranty period accordingly. 4.10 FINAL ACCEPTANCE OF MITIGATION SITE INSTALLATION Installation of the mitigation site shall be accepted at the discretion of the project biologist upon satisfactory completion of all site preparation and installation work in accordance with this mitigation plan, including the PEP but exclusive of replaced plant materials during the PEP. All supplemental plant materials installed during the PEP shall be guaranteed for an additional 120 days. Any supplemental plants that die or display unreasonably slow growth during the additional 120 days shall again be replaced with the same species (or a different species if mortality is due to P:\LSH2101 • Cascada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 17 ON-SITE M ITIGATION PLAN JUNE 2021 (ASCADA VEROE RESIDENTIAL DEVELOPMENT PROJECT (\TY OF CARLSBAD, (ALlfOll:NIA LSA the species incompatibility with the area) at the cost of the landscape contractor. The project biologist shall determine the need to replace plant materials. 4.11 AS-BUILT CONDITIONS Within 45 days of final acceptance of mitigation site installation, the project biologist shall submit to the resource agencies and the City a report documenting the as-built condition. The report will include the items listed in Special Condition 5 of the Nationwide Permit and Reporting Measure 4.3 of the Streambed Alteration Agreement. P:\l.SH2101 -Cascada Verde\cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 18 ON-SITE M ITIGATION PLAN )UN( 2021 CASCADA VUDE RESIDENTIAL DEVELOPMENT PROJECT CITY OF CARLSBAD, CALIFORNIA LSA SECTION 5.0: MAINTENANCE The maintenance period commences upon final acceptance of the installed plant materials and shall continue for a minimum of five years or until the success criteria have been achieved to the satisfaction of the resource agencies and the City. Diligent maintenance of the mitigation site until the plants are established is critical to this plan. Beginning with the PEP and continuing through the five-year monitoring period, the mitigation site will require regular maintenance, consisting primarily of weed control, erosion control, pest control, protection from vandalism, trash and debris removal, and supplemental irrigation.2 In general, maintenance activities shall include any activities required to meet the success criteria. 5.1 WEED CONTROL To prevent weeds and exotic plants from outcompeting native plant species for natural resources (e.g., water, sunlight, space, and nutrients), weeds and invasive plants shall be controlled in the mitigation site for a minimum of five years, or until the success criteria have been achieved, as determined by the project biologist and subject to the approval of the resource agencies and the City. When feasible, all nonnative invasive weeds shall be removed manually. In circumstances where manual removal is not effective, it may be appropriate, at the discretion of the project biologist, to utilize systemic herbicides that have been approved by the Environmental Protection Agency (see Herbicide Treatment Guidelines, below). Any plant species determined by the project biologist to be detrimental to the success of the mitigation efforts shall be removed. All removed weed material shall be taken away from the site and legally disposed of at an off-site location. 5.1.1 Herbicide Treatment Guidelines In order to apply unrestricted herbicide (e.g., glyphosate-based systemic herbicides), the landscape contractor must have a Pest Control Business License, which requires that the Landscape Contractor be in possession of a Qualified Applicator's License. If a qualified applicator is not present during treatment, all applicators must have undergone documented herbicide application training. All licenses must be issued in the State of California, be registered in San Diego County, and be of current status. Herbicides approved for use in aquatic situations must be used within 100 feet of watercourses. No pre-emergent herbicides may be used. The Landscape Contractor shall obtain the recommendation of a licensed Pest Control Advisor for concentrations to be used for specific applications (e.g., foliar spraying and cut stump treatments). A brightly colored marking agent shall be used in all applications. The material shall be a nontoxic water-soluble liquid (e.g., Blazon 7 by Milliken Chemicals, or equivalent). The spraying of herbicides shall be conducted only when weather conditions are conducive to effective uptake of the herbicide by the targeted species (e.g., sunny, Supplemental irrigation must be discontinued for two consecutive years for the project to be eligible for sign off. P:\LSH2101 · Cascada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 19 ON-SITE MITIGATION PLAN JUNE 2021 (ASCADA V ERDE RESIDENTIAL DEVELOPMENT PROJECT (tTY OF CARLSBAD, CALIFORNIA LSA dry, and when target plants are actively growing), and when wind conditions are such that herbicide drift is nonexistent (5 miles per hour or less). Native species must be protected during herbicide application. Native species killed from herbicide treatment shall be replaced the following planting season, and all costs associated with the replacement planting (e.g., plant materials, monitoring fees, and coordination expenses) shall be the responsibility of the landscape contractor. 5.2 PEST CONTROL The control of damage to the revegetation efforts by insects and herbivores shall be the responsibility of the landscape contractor using only those methods approved by the project biologist . The landscape contractor shall implement control measures at the earliest sign of damage and may require fencing or caging of plant materials. 5.3 FERTILIZATION No chemical fertilizers shall be used in the mitigation site without prior written authorization from the project biologist. 5.4 PRUNING AND LEAF LITTER Dead branches and leaf litter provide habitat for a variety of wildlife species. Because the goal is to replicate naturally-occurring habitat, no pruning or leaf litter removal of native species shall take place within the mitigation site. 5.5 REMOVAL OF TRASH AND DEBRIS The mitigation site shall be kept neat, clean, and free of all non-vegetative debris and trash. 5.6 REPLACEMENT OF DEAD OR DISEASED PLANT MATERIALS For five years after the final acceptance of installation, plantings shall be surveyed annually in the spring. Dead or diseased plants shall be replaced at the discretion of the project biologist.3 Upon final acceptance of the installation, vegetative cover from installed species will be taken into consideration over individual plant mortality; not all dead or diseased plant material may require replacement. P:\LSH2101 • Cascada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.dooc (06/03/21) 20 ON·SIH M ITIGATION PL.AN JUNE 2021 C.ASC.AD.A VERDE RESIDENTIAL DEVELOPMENT PltOJECT CtTY Of CARLSBAD, CAUf0RNI.A LSA SECTION 6.0: MONITORING AND REPORTING Monitoring will be performed by the project biologist to facilitate compliance with the mitigation program and to achieve satisfaction of the success criteria. 6.1 PERFORMANCE OBJECTIVES The goal of this mitigation program is the establishment of native riparian species to the point that nonnative species are excluded and the native species are self-sustaining without human intervention. Over the five-year period following installation of plant materials, the following observable characteristics shall be considered in demonstrating progress toward the successful establishment of a healthy and functional mitigation site: • Noticeable growth and new branching for container plantings and cuttings; • Lack of significant erosion; • Good root development of desired (native) species, which will be checked by a pull test conducted by the project biologist; • Low mortality for cuttings;4 • Evidence of resistance to invasion by nonnative species; • Use of habitat by indicator wildlife species such as least Bell's vireo (Vireo be/Iii pusillus) and/or southwestern willow flycatcher (Empidonax trail/ii extimus); • Regeneration of the newly established plant community; and • Continued survival and growth of planted species without supplemental irrigation (i.e., free of supplemental irrigation for the final two consecutive years). 6.2 SUCCESS CRITERIA The success of the mitigation site will be based on achieving the specific annual targets summarized in Table I. Table I: Success Criteria Percent Survival by Percent Cover by Native Percent Cover by Maximum Percent Bare Year Species Species• Nonnative Species Ground• 1 2 3 100 N/A N/A N/A 80 N/A N/A N/A 80 75 <15 N/A Survivorship of individual container plants and cuttings is considered important in the first year of a restoration effort; however, once plant material matures, vegetative cover is considered a better indicator of a successful revegetation effort. P:\LSH2101 • Cascada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 21 ON~StTE MITIGATION P LAN )UN[ 2021 CASCADA VERDE RESIDENTIAL DEVELOPMENT PROJECl (ITV Of (AIILSIA0, (AllfOJl:NIA LSA Table I: Success Criteria Percent Survival by Percent Cover by Native Percent Cover by Maximum Percent Bare Year Species Species• Nonnative Species Ground• 4 80 75 <15 N/A 5 80 90 <5 <5 •success criteria have been updated to include the more stringent requirements in the CDFW Streambed Alteration Agreement. The mitigation site must also comply with the following measures: • Attainment of O percent groundcover by nonnative trees and shrubs. • At the completion of the monitoring period, the mitigation site shall have received no supplemental irrigation for a period of two consecutive years. • The mitigation effort will be considered successful when the Year 5 success criteria have been met. See Section 7 .1. Acceptance of the mitigation site as successful based on these criteria will require concurrence from the Army Corps, the RWQCB, and the CDFW that the site can be released from further maintenance and monitoring obligations. 6.3 MONITORING METHODS 6.3.1 Monitoring During Site Preparation and Installation All phases of site preparation, weed eradication, installation of plant materials, and PEP maintenance shall be monitored to the extent necessary to enforce compliance with this On-Site Mitigation Plan. The project biologist will consult with the landscape contractor to determine whether field revisions to the plans are necessary. If field revisions are made, they will be documented in the as-built report. 6.3.2 Qualitative Monitoring Qualitative monitoring will be performed by the project biologist and will consist of a general site walk throughout the mitigation site. General observations, such as the fitness and health of the container plants and cuttings, seed germination, weed density, and drought stress, will be noted during each visit. The project biologist will evaluate the mitigation site for compliance with the maintenance specifications and progress toward achieving the success criteria. The results of each visit will be summarized in a field memorandum submitted to Lanshire (or its successor in interest) and the landscape contractor within one week following each site visit. The findings in these memoranda will be incorporated into the respective annual reports to be submitted to Lanshire (or its successor in interest), the landscape contractor, the Army Corps, the RWQCB, the CDFW, and the City. Issues requiring immediate attention will be relayed to Lanshire (or its successor in interest) and the landscape contractor as soon as possible. The project biologist will utilize observations made during monitoring site visits to direct maintenance activities, to recommend any necessary remedial measures, and to evaluate the P:\LSH2101 • Cascada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 22 ON·SITE MITIGATION PLAN JUNE 2021 CASCADA VERDE RESIDENTIAL DEVELOPMENT PROJECT CITY OF CARLSBAD, C ALIFORNIA LSA overall revegetation process. The project biologist may monitor the implementation of weeding events and be available to advise maintenance crews if necessary. If the mitigation site needs major corrective actions, the Army Corps, the RWQCB, and the CDFW shall be notified. When directed by the project biologist, the landscape contractor will promptly implement recommended actions and the project biologist will document the actions in the annual report. 6.3.3 Quantitative Monitoring Quantitative monitoring will be conducted annually to assess progress toward achieving the success criteria. The findings of each quantitative monitoring event will be incorporated into that year's annual monitoring report. During the quantitative monitoring event, the project biologist will determine the percentage survival of the plantings and the vegetative cover of native and nonnative vegetation. Quantitative monitoring for percent survival will be conducted through an annual census of container plants installed. The numbers of missing, dead, and/or declining plant stock will be recorded for each plant species installed at the mitigation site. The percentage of surviving container stock will then be calculated. Transects will be used to measure vegetative percentage cover, species diversity, and structural diversity. Prior to the first quantitative monitoring event, transect locations will be randomly chosen by a person unfamiliar with the mitigation site and marked on a map of the mitigation site. Subsequent quantitative monitoring events will use the same transects. Photo-documentation will be conducted from permanent (for the life of the mitigation program) photo stations established prior to or during the first annual quantitative monitoring event. Photos will be taken during each quantitative monitoring event and from the same vantage point and in the same direction every year. 6.3.4 Monitoring Schedule Qualitative monitoring shall be conducted at least once per month for the first year (including the PEP) and up to eight times per year thereafter until the site has been released from further maintenance and monitoring obligations. Frequent checks are recommended to detect potential problems at the early stages. The first quantitative monitoring event will occur the first spring following the first growing season after installation and every year thereafter until the success criteria are met and the resource agencies and the City have confirmed success of the mitigation. 6.4 ANNUAL MONITORING REPORTS Annual monitoring reports will be submitted to Lanshire (or its successor in interest), the landscape contractor, the City, the Army Corps, the RWQCB, and the CDFW. Annual monitoring reports will assess both the attainment of target annual success criteria and progress toward meeting the P:\l5H2101 • Casuda Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 23 0N-StH M ITIGATION PLAN JUNE 2021 CASCAOA. VERDE RESIDENTIAL DEVELOPMENT PAOJECl CITY Of CARLSBAD, CAllfORN14 LSA ultimate success criteria. As specified in the resource agency permits, annual monitoring reports should include, but are not limited, to the following: • The names, qualifications, and affiliations of the persons contributing to the report. • An evaluation, interpretation, and tabulation of the parameters being monitored, including the results of the monitoring program and all quantitative and qualitative data collected in the field. • A description of the following mitigation site characteristics: o Detritus cover; o General topographic complexity; o General upstream and downstream habitat and hydrologic connectivity; and o Source of hydrology. • Monitoring data interpretations and conclusions as to how the compensatory mitigation project is progressing toward meeting success criteria and whether the success criteria have been met. • A description of the progress toward implementing a plan to manage the compensatory mitigation project after success criteria have been achieved to ensure the long-term sustainability of the resource in perpetuity, including a discussion of long-term financing mechanisms, the party responsible for long-term management, and a timetable for future steps. • Qualitative and quantitative comparisons of current mitigation conditions with pre-construction conditions and previous mitigation monitoring results. • Graphic figures displaying the mitigation site, transect locations, and planting zones. • Recommended remedial maintenance measures. • Stream photo documentation, including all areas of permanent and temporary impact, prior to and after mitigation site construction. Photo documentation must be conducted in accordance with guidelines posted at http://www.waterboards.ca.gov/sandiego/water_issues/programs/ 401_certification/docs/401c/401PhotodocRC9V713.pdf. • As-built drawing of the mitigation site, no bigger than 11 x 17 inches. • A survey report documenting boundaries of the mitigation site. Annual reports will be submitted to the Army Corps and the City by October 1 of each year following the installation of mitigation. Annual reports will be submitted to the RWQCB by March 1 of each year following the issuance of the certification. The CDFW Streambed Alteration Agreement does not specify an annual report due date; therefore, the project biologist must determine the appropriate date for annual submittal of annual reports to the CDFW. P:\LSH2101 • Cascada Verde\cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21} 24 ON•SITE M lflGATION PLAN JUNE 2021 CASCADA V ERDE RESIDENTIAL DEVELOPMENT PROJECT CITY or CARLSBAD, CALIFOIIINtA LSA SECTION 7.0: COMPLETION OF COMPENSATORY MITIGATION 7.1 NOTIFICATION OF COMPLETION Lanshire (or its successor in interest) will notify the Army Corps, the CDFW, the RWQCB, and the City in writing when the five-year monitoring period is complete and/or the success criteria have been met. If the mitigation site meets all the success criteria at the end of the five-year monitoring period, then the mitigation will be considered a success. If not, then the maintenance and monitoring program will be extended one full year at a time and a specific set of agency-approved remedial measures may be implemented until the standards are met. This process will continue until all the Year 5 success criteria are met or until the resource agencies and the City determine that a mitigation alternative is appropriate. After five years, the mitigation effort may be considered successful by the resource agencies if observations and other qualitative evidence indicate that wildlife typically associated with riparian habitat is utilizing the mitigation site, thus demonstrating the function and value of the habitat in the mitigation site. If at any time during the implementation of the mitigation program, and prior to verification of meeting success criteria, a catastrophic natural event (e.g., fire or flood) occurs and affects the mitigation site, Lanshire (or its successor in interest) is responsible for repair and replanting of the damaged area(s). 7.2 AGENCY CONFIRMATION The mitigation program will not be deemed complete until Lanshire (or its successor in interest) has received written concurrence from the Army Corps, the RWQCB, the CDFW, and the City that the mitigation site has met the success criteria. A site visit from the resource agencies may be necessary prior to obtaining written notification of completion from the resource agencies. 7.3 LONG-TERM PRESERVATION/MANAGEMENT Lanshire (or its successor in interest) intends to file a conservation easement over the mitigation site. When the mitigation site has met the success criteria and Lanshire (or its successor in interest) is released from further maintenance and monitoring responsibilities by the resource agencies and the City, Lanshire (or its successor in interest) will transfer maintenance responsibilities to a land management entity that will maintain the site in perpetuity. Lanshire (or its successor in interest) will create an endowment to fund the long-term maintenance of the mitigation site. Long-term management funding must be established prior to impacts. P:\l.SH2101 • Cascada Verde\cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 25 ON-SITE M ITIGATION PLAN JUNE 2021 CASCADA VERDE RESIDENTIAL DEVELOPMENT PROJECT CtTV OF C,OLSBAD, CALIFORNIA SECTION 8.0: CONTINGENCY MEASURES 8.1 INITIATING PROCEDURES LSA If it determined that the mitigation site will not meet the success criteria by the end of the five-year maintenance and monitoring period, appropriate contingency measures will be performed if determined necessary by the appropriate resource agencies and the City, and as recommended by the project biologist, to return the site to compliance. Contingency measures will be based on an adaptive management approach and will include reseeding and replanting with quantities of appropriate species, additional weed control, incorporation of soil amendments, and/or implementation of erosion control and stabilization measures. If the mitigation site has not met one or more of the success criteria, Lanshire's (or its successor in interest's) maintenance and monitoring obligations will continue one year at a time until the appropriate resource agencies and the City give final approval that the mitigation obligations have been satisfied. P:\LSH2101 • caseada Verde\Cascada Verde On-Site Mitigation Plan_rev June 2021.docx (06/03/21) 26 Assessor's Parcel Number: Project Number and Name: E_XHrBIT F -MANAGEMENT PLAN 23 CA 02/04/13 ,lor images a /or exhibits have b,een removed from this report tor legal reco 8ation purposes. Full reports are on file with the City of Ca shad under CTIS-01 and are hereby fully incorporated by refer, Cascada Verde PRESERVE MANAGEMENT PLAN Prepared for: Lanshire Housing Partners, LLC 2633 South.Fairfax Avenue Culver City, California 90232 Contact: Matt Nelson (310) 837-2633 Email: matt@ikonlimited.com Prepared by: J. Whalen Associates, Inc. 1660 Hotel Circle N Suite 725 San Diego, CA 92108 Contact: Tyler Martin (619) 863-5546 December 2019 Contents Cascada Verde Preserve Management Plan 1.0 INTRODUCTION ........................................................................................................................................... 4 1.1 PURPOSE FOR INCLUSION OF THE PRESERVE AREA IN THE HMP .......................................................... 4 1.2 PURPOSE OF THE PRESERVE MANAGEMENT PLAN ............................................................................... 4 2.0 PRESERVE DESCRIPTION ............................................................................................................................. 4 2.1 GEOGRAPHICAL AND REGIONAL SETTING ............................................................................................. 4 2.2 PRESERVE BOUNDARIES AND HISTORIC/CURRENT LAND USE.. ............................................................... 5 2.3 GEOLOGY, SOILS, AND HYDROLOGY ...................................................................................................... 5 2.4 OWNERSH IP AND LEGAL DESCRIPTION ................................................................................................. 8 2.5 RESTRICTIVE COVENANT COMPLIANCE ................................................................................................. 8 3.0 HABITAT AND SPECIES DESCRIPTION ......................................................................................................... 8 3.1 VEGETATION COMMUNITIES ................................................................................................................. 8 3.1.1 RIPARIAN WOODLAND ................................................................................................................... 8 3.2 PLANT SPECIES ..................................................................................................................................... 10 3.3 WILDLIFE SPECIES ................................................................................................................................. 10 3.4 WILDLIFE CORRIDORS AND LINKAGES ................................................................................................. 10 3.5 FIRE HISTORY ........................................................................................................................................ 10 3.6 THREATS ............................................................................................................................................... 10 4.0 MANAGEMENT AND MONITORING ......................................................................................................... 11 4.1 BIOLOGICAL GOALS AND TASKS .............................................................................................................. 11 4.1.1 LONG-TERM SENSITIVE SPECIES MANAGEMENT AND MONITORING ......................................... 11 4.2 CONSTRAINTS ...................................................................................................................................... 12 4.3 POTENTIAL IMPACTS ............................................................................................................................ 12 4.4 PUBLIC USE GOALS ............................................................................................................................... 12 4.5 FIRE MANAGEMENT GOALS ................................................................................................................. 13 5.0 ADAPTIVE MANAGEMENT ....................................................................................................................... 14 6.0 ADMINISTRATION AND REPORTING ........................................................................................................ 15 6.1 ANNUAL REPORTS AND PRESERVE MANAGEMENT PLAN ................................................................... 15 6.2 DATA MANAGEMENT ........................................................................................................................... 16 6.3 COMMUNICATION AND COORDINATION ............................................................................................ 16 11 6.4 BUDGET/ENDOWMENT MANAGEMENT ............................................................................................. 17 6.5 OPERATIONS AND STAFFING ............................................................................................................... 17 7 .0 REFERENCES ............................................................................................................................................. 17 LIST OF APPENDICES A-1 Restrictive Covenant for the Cascada Verde A-2 Plant Species Observed A-3 Animal Species Observed A-4 High and Moderate Category Invasive Plants A-5 Property Analysis Record LIST OF FIGURES ~ ~ Follows Page Figure 1. Regional Location Map .................................................................................................................. 6 Figure 2. Mitigation Areas (Preserve) .......................................................................................................... 7 Figure 3. Vegetation Communities .............................................................................................................. 9 II 1.0 INTRODUCTION 1.1 PURPOSE FOR INCLUSION OF THE PRESERVE AREA IN THE HMP The purpose of this Preserve Management Plan (PMP) is to provide long-term management, monitoring, and reporting guidelines that are consistent with the San Diego Association of Government's Multiple Habitat Conservation Program (MHCP), Carlsbad Open Space Management Plan (OSMP) (Technology Associates International Corporation [TAIC], 2004), and the City of Carlsbad Habitat Management Plan (HMP) for 0.74 acre of biological open space associated with the Cascada Verde Project (project). This PMP will guide the long-term management of sensitive biological resources and will meet HMP permit and California Environmental Quality Act (CEQA) obligations for the project through the establishment of the Cascada Verde Preserve (preserve). 1.2 PURPOSE OF THE PRESERVE MANAGEMENT PLAN The purpose of this PMP is to: • Meet the requirements for environmental documentation to comply with state and federal statutes and regulations; • Identify required personnel qualifications for implementing management goals and objectives; • Serve as a budget planning aid for annual budget preparation; • Provide an overview of the preserve's management goals and objectives, as well as specific directives for the protection and management of native habitats and wildlife; • Summarize existing data on the native habitats, plants, and wildlife which occur on or use this property; and • Outline appropriate public uses of the preserve and its resources. A qualified Preserve Manager for the preserve will be established through a Management Agreement prior to issuance of a grading permit for the Cascada Verde Project. The Preserve Manager must be approved by the City of Carlsbad Habitat Management Program and will be responsible for implementing this management plan. 2.0 PRESERVE DESCRIPTION 2.1 GEOGRAPHICAL AND REGIONAL SETTING The Cascada Verde Project site is located in the central portion of Carlsbad in northern San Diego County, California (Figure l). Within the project site, the preserve is located within on-site mitigation areas that occur along the existing unnamed intermittent drainage, between Altisma Way and Altiva Place (Figure 2). The total on-site mitigation area (preserve) is 0.74 acre. The preserve occurs within the boundaries of the adopted Carlsbad HMP and is not located within the Coastal Zone. The bioregion that generally defines the area is influenced by a coastal Mediterranean climate. The area's 4 climate, coupled with coastal geological formations and land features, gives rise to an array of habitat types and species that are unique to coastal Southern California. Although past agricultural practices and urbanization have resulted in the conversion of land within much of the region, habitat blocks and linkages of undeveloped land occur amongst existing developments that provide important habitat for plant and animal species that reside and migrate to and from the area. Larger habitat blocks exist on steep-sloping land and in and around the three coastal lagoons that occur within Carlsbad: Agua Hedionda Lagoon, Batiquitos Lagoon, and Buena Vista Lagoon. Additional undeveloped areas occur on some of the higher- elevation inland portions of Carlsbad that have not been subjected to intense agricultural practices or development. Grasslands, coastal sage scrub, chaparral, riparian woodlands and forests, and riverine, palustrine, and estuarine habitats all contribute to the overall biological value and aesthetic appeal of the region. 2.2 PRESERVE BOUNDARIES AND HISTORIC/CURRENT LAND USE The preserve is currently undeveloped and is characterized by open space and steep slopes. The principal land use in the immediate vicinity of the preserve is urban development to the east, west and south. The future development project will be constructed at the top of the east and west slopes, leaving the drainage in the center of the property as an undeveloped open space preserve. General land uses surrounding the site include residential and recreational development. 2.3 GEOLOGY, SOILS, AND HYDROLOGY The project site is generally characterized by slopes on three sides ( east, west and north), with an existing drainage through the center of the site. 5 2.4 OWNERSHIP AND LEGAL DESCRIPTION The current owner of the property is: Lanshire Housing Partners, LLC 2633 South Fairfax Avenue Culver City, California 90232 Contact: Matt Nelson (310) 837-2633 Email: matt@ikonlimited.com Note: This PMP may be assigned, with all obligations remaining i~tact. 2.5 RESTRICTIVE COVENANT COMPLIANCE A Restrictive Covenant (RC) will be recorded over the preserve, as required by the HMP. The RC provides lists of permitted and prohibited uses in the preserve, which will be consistent with this PMP. The property owner and Preserve Manager will be responsible for monitoring the preserve to ensure that Lanshire Housing Partners LLC, its successors and or assignees in interest, adjacent landowners, and the public are not violating the conditions of the RC. 3.0 HABITAT AND SPECIES DESCRIPTION 3.1 VEGETATION COMMUNITIES The property supports a variety of vegetation communities. General vegetation communities and other land uses observed during the biological surveys conducted for the project include riparian woodland, coastal sage scrub, native grassland, nonnative grassland, eucalyptus woodland, landscape/ornamental, disturbed land, and developed. Figure 3 shows the results of the pre-project biological surveys. The 0.74-acre preserve (shown as the area outside of the permanent and temporary impact areas) is entirely comprised of wetland and of riparian vegetation, and is currently heavily disturbed. 3.1.1 RIPARIAN WOODLAND Riparian woodland vegetation was observed within the unnamed intermittent stream course. Species observed include a canopy of arroyo willow (Salix lasiolepis) and Brazilian pepper tree (Schinus terebinthifolius) trees with an understory dominated by sandbar willow (Salix exigua), yellow iris (Iris pseudacorus), yerba mansa (Anemopsis californica), wild celery (Apium graveolens), broadleaf cattail (Typha latifolia), and San Diego marsh-elder (Iva hayesiana). 8 3.2 PLANT SPECIES The results of the literature review indicate the potential occurrence of 9 species listed as Threatened or Endangered at the Federal and/or State level (hereafter referred to as listed species) and 25 other special-status plant species. Based on the results of the on-site assessment of the preserve, of these 34 special-status species, one of these species, San Diego marsh-elder (CRPR Rank 2B.2), was determined to be present, as it was observed within the preserve during a survey. 3.3 WILDLIFE SPECIES The results of the literature review indicate the potential occurrence of 10 listed species and 17 other special-status animal species. Based on the results of the on-site assessment of the preserve, 7 of these 27 special-status animal species have a moderate or higher potential of occurring within the preserve due to the presence of suitable habitat. These species include monarch butterfly (Danaus plexippus), coastal California gnatcatcher, least Bell's vireo (Vireo bel/ii pusillus), silver- haired bat (Lasionycteris noctivagans), western red bat (Lasiurus blossevillii), hoary bat (Lasiurus cinereus), and western yellow bat (Lasiurus xanthinus). Coastal California gnatcatcher is federally- listed as threatened and least Bell's vireo is federally-and State-listed as endangered. Western red bat and western yellow bat are considered California Species of Special Concern. Monarch butterfly, silver-haired bat, and hoary bat are considered Special Animals by the CDFW. No special-status animal species were observed or otherwise detected in the preserve during the surveys. LSA conducted focused protocol-level surveys for coastal California gnatcatcher (discussed in Section 3.4). 3.4 WILDLIFE CORRIDORS AND LINKAGES The majority of the preserve could potentially be used as a migration corridor for wildlife species. The preserve connects to SDG&E right of way to the north and northeast and abuts Alicante Road on the south. 3.5 FIRE HISTORY There are no records of fires occurring on the preserve. 3.6 THREATS Non-native plant species pose a significant threat to the preserve. Upland areas adjacent to the preserve include invasive non-native species such as pampas grass (Cortaderia selloana), castor bean (Ricinus communis), fennel, mustard (Brassica sp.), and star thistle (Centaurea melitensis), among others. Of these, pampas grass, castor bean, and fennel pose the greatest risk for long-term management. Almost all of these invasives will be removed as a consequence of 10 development. Another potential significant threat to this preserve is the invasive shot hole borer. Two species (Euwallaceae spp.) are known to occur in Carlsbad. These beetles spread a disease called fusarim dieback, which results in branch dieback, canopy loss, and tree mortality. The disease can spread quickly and cause significant damage to native riparian habitat. Increased human and pet access are often a concern in preserve areas and can result in increased edge effects such as trampling of vegetation, introduction of non-native species, unauthorized dumping, harassment of wildlife, and other impacts. There is a high potential for homeless encampments within this preserve, which can result in the proliferation of trash, human waste and disease. Residents shall be educated in access restrictions, control of domestic animals, prevention of irrigation runoff, and sensitivity of habitats on site. 4.0 MANAGEMENT AND MONITORING 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 goals and ASMDs guide all management decisions until the plan is revised and updated. Because management and monitoring are interdependent, they are discussed together. Note that this PMP only covers the long-term management of the preserve. Implementation of the Onsite Mitigation Plan for the Cascada Verde Project (LSA 2018), including five years of maintenance and monitoring, will be the responsibility of the landowner/developer until such time as the mitigation success criteria have been met. Funding for the restoration effort will be provided by Lanshire Housing Partners, LLC under a separate contract and funding mechanism than the endowment funding for the Preserve management. Once the success criteria have been met and the city HMP staff provides final sign-off, long-term preserve management and implementation of ASMDs described below will be the responsibility of the Preserve Manager pursuant to this PMP. 4.1 BIOLOGICAL GOALS AND TASKS 4.1.1 LONG-TERM SENSITIVE SPECIES MANAGEMENT AND MONITORING Goal 1: Ensure the persistence of sensitive plants and animals on site, and reduce or eliminate threats to the species. Objective 1.1: Implement management and monitoring to ensure the persistence of sensitive plants and animals on site and reduce or eliminate threats to the species. Threat 1.1-Non-Native Plant Species, Erosion, Unauthorized Access ASMD 1.1 • Conduct monthly patrols to protect sensitive species habitat from human impacts as described 11 in Section 4.1.2. Inspection logs will document site activities and may be provided to the city if requested. • Control invasive species. Once the site has been restored, ongoing management of invasive plant species will be one of the most important components of land management. • Conduct regular inspections for shot hole borer infestations. If found, dead trees or limbs may cut down and chipped in place following the most currently accepted Best Management Practices. • Conduct regular inspections for illegal encampments. If found, remove them. The Preserve Manager is encouraged to work with the city's Homeless Outreach Team (HOT) or Police Department as necessary. • Avoid activities that may disturb raptors and migratory birds during breeding season (February 1 through September 15) (e.g., non-native plant removal that involves gas-powered machinery such as chainsaws and weed whippers). • Conduct general biological survey and generate GIS data for the location and distribution of sensitive species within the preserve. Surveys shall be conducted every year by a qualified biologist and may be conducted concurrent with the annual vegetation monitoring described below. 4.2 CONSTRAINTS There are no significant constraints to management. The Preserve is characterized by steep slopes and erodible soils. As such, there is the potential for erosion. Lanshire Housing Partners, LLC and the Preserve Manager will work closely to ensure that erosion control measures are being implemented effectively at all times. 4.3 POTENTIAL IMPACTS There is the potential for temporary adverse impacts to habitats and species as part of the overall management of the preserve. Specific examples include incidental impacts to native plant species during non-native plant removal efforts, potential for harassment of nesting bird species during non-native plant removal, and survey efforts. These impacts will be avoided and/or minimized by the ASMD's noted above, and the activities associated with these impacts are anticipated to have a net long-term benefit to the habitat and sensitive species within the preserve. 4.4 PUBLIC USE GOALS Public use and access will be restricted; however the Preserve Manager is encouraged to work with the property owner and adjacent residents to prevent disturbance to the native species and habitats. 12 Goal 2: Ensure that public access and use is compatible with the conservation goals and obligations of the OSMP, HMP, and MHCP. Objective 2.1: Limit public access and use in order to be compatible with the conservation goals and obligations of the OSMP, HMP, and MHCP, while providing public outreach and education on the importance of the preserve. Public use will be prohibited within the preserve, except for management efforts with oversight by the Preserve Manager. ASMD2.1 • Patrol and enforce access rules and regulations on a regular basis. • The Preserve Manager is encouraged to allow access to the preserve for science, research, and volunteers to assist with management activities, as appropriate. No trails are planned for the preserve area. Access will only be needed for ongoing management once restoration has been completed. Consequently, fencing will be the primary mechanism for controlling access. • Maintain signage. Prior to initiation of long-term management, appropriate signage will be installed. Each sign will identify that the property is protected habitat, provide contact information, a list of illegal activities, and other pertinent information. Signs will be approximately l 2"x 18" or comparable and will be posted at access points to the preserve area. Frequently, signs are damaged, destroyed, or stolen and will need to monitored for replacement as needed. • Regularly remove debris and trash within the preserve. • The Preserve Manager is encouraged to develop an education program and materials targeted for adjacent residents and volunteers, as appropriate. 4.5 FIRE MANAGEMENT GOALS Goal 3: Protect habitat values from wildfire. Objective 3.1: Prevent wildfires from damaging habitat onsite. The Preserve Manager's primary focus is to protect the biological resources onsite. The HOA is responsible for maintaining vegetation within the fuel modification zones around the perimeter of the residences to protect the structures and human health and safety. Fuel maintenance shall be conducted in a manner consistent with the city's Landscape Manual, Section 5 (Fire Protection Requirements). The plant and wildlife communities of the preserve have adapted to a natural fire regime as a key natural ecological disturbance process, primarily driven by weather and the low moisture content of vegetation in late summer and fall. Non-natural fire return intervals resulting in increased fire frequency are the primary concern for the preserve. The open space preserves can be considered a wildland-urban interface. Under certain Santa Ana wind conditions, entire open space preserves, 13 especially smaller preserves, could be consumed by fire quickly. Because the preserve is adjacent to urban lands, fire risk is greater. The fire threat comes largely from human-caused ignitions. Based on these considerations, the risk of extreme fire scenarios to native species and habitats that are the focus of management should be evaluated in the context of the managed preserve. Fire management goals should focus on (1) achievement of biological goals and (2) hazard reduction for humans and their property. Threat 3.1 -Changes in Fire Frequency Fires in southern California historically occur most frequently in late summer and fall when Santa Ana winds result in very complete bums of upland habitat ASMD 3.1 • The HOA is responsible for properly maintaining the fuel modifications zones around the residences for the purpose of fire prevention. • The Preserve Manager may remove dead limbs, trees, or shrubs if deemed necessary to prevent wildfire. 5.0 ADAPTIVE MANAGEMENT Goal 4: Evaluate results and adjust management appropriately to meet the PMP goals and the City of Carlsbad's commitment to the conservation goals of the HMPIMHCP. Objective 4.1: Ensure that, through the monitoring and reporting process, results of management are evaluated and management is adjusted appropriately to meet the PMP goals and the City of Carlsbad's commitment to the conservation goals of the HMP/MHCP. The term adaptive management was adopted by Holling (1978) for natural resource management, who described adaptive management as an interactive process that not only reduces but also benefits from uncertainty. Adaptive management includes steps that may be involved in a long- term adaptive implementation program, including opportunistic learning, management, monitoring, and directing the results of analysis and assessment back into the program through decision makers. It is important that the PMP incorporate the flexibility to change implementation strategies after initial start up. The PMP is intended to be flexible enough to develop adaptive management strategies that will facilitate and improve the decision-making process for operating the conservation program of the PMP as well as provide for informative decision-making. The PMP is also intended to be flexible enough to incorporate management and monitoring methods provided by the regional management and monitoring group that would be appropriate for the preserve. Adaptive management relies on monitoring efforts such as those outlined in Section 4 above to detect changes in species, habitats, and/or threats. Linking the monitoring program with adaptive management actions will inform preserve managers of the status of target species, natural 14 commumties, and essential ecological processes, as well as the effectiveness of management actions in a manner that provides data to allow informed management actions and decisions. When change is detected, the Preserve Manager assesses the information and responds by initiating, modifying, or even ending a particular management strategy, if necessary. An important component of implementing the management measures described above will include evaluating data from monitoring activities to determine whether trends in threats are part of a natural cycle of fluctuation or are anthropogenic. If there is a substantial decline in native species compared to the baseline (e.g., greater presence of invasive non-native plants) or other apparent threats to habitat conditions are observed, remedial measures will be evaluated with the City and implemented on an as-needed basis, based on the best available science. Adaptive management measures shall be limited to funds available for adaptive management as detailed in the Property Analysis Record (PAR). ASMD4.l • Continue to learn and modify management approaches by testing assumptions through purposeful monitoring and coordinating with local and regional monitoring and management entities, such as the San Diego Management and Monitoring Program. • Annually assess the need for each management strategy, and update this PMP every five years as appropriate to meet the commitment to Carlsbad HMP conservation goals. 6.0 ADMINISTRATION AND REPORTING This section addresses the operation and maintenance of the PMP, including funding and staffing, and reporting. 6.1 ANNUAL REPORTS AND PRESERVE MANAGEMENT PLAN The PMP will be implemented upon completion of the habitat restoration efforts for the Cascada Verde Project, which is anticipated to be 2025. An annual report summarizing the status of the preserve, monitoring survey results, and all major management tasks will be prepared and provided to the City of Carlsbad following the first year of management and annually thereafter. The report shall discuss the previous year's management and monitoring activities as well as management/monitoring anticipated in the upcoming year. It shall provide a concise and complete summary of management and monitoring methods, identify new management issues, address management issues raised in the previous year's report, report on the success or failure of management approaches (based on monitoring), and include a map with any occurrences of sensitive species on site. The report shall also outline appropriate remedial measures for those approaches not yielding satisfactory results. It shall include a summary of changes from baseline or previous year conditions, including an assessment of the overall health of vegetation communities in the preserve and any changes in health or distribution of sensitive plant or animal populations, and any areas of 15 increased trespass or dumping. Any changes will be documented on a preserve map. The report shall also address the need for any adaptive management resulting from previous monitoring and provide a methodology for measuring the success of any new or modified maintenance and/or monitoring measures. The report will also provide a financial summary describing expenditures for the year, and the status of the endowment. The Preserve Manager will update the PMP every five years based on data collected during the annual reporting efforts, including photo documentation, and the best available science. The update should review any changes in site conditions, management priorities, and adaptive management strategies. Additionally, management strategies may evolve, or the property could be reviewed within the context of ongoing regional planning efforts that may warrant revisions to the PMP. The annual report will summarize the annual budget and expenditures associated with one-time and ongoing management tasks, with the expectation that there will be year to year variability of management costs based on management needs for any given year. A discussion of projected versus actual costs, and an accounting of the endowment including the original endowment amount, current status of the endowment, interest earned, and projected and actual annual costs will also be provided. 6.2 DATA MANAGEMENT Vegetation, sensitive resource data, and non-native species mapping will be maintained in a digital (GIS) format, and will be provided in digital format to the City of Carlsbad annually unless there has been no change from the previous year. During years with no change, the City shall be notified of this and that no GIS will be provided for that year. Photo documentation of the site will be maintained digitally, and will be added to the annual reports as necessary. 6.3 COMMUNICATION AND COORDINATION Goal 5: Ensure close communication and coordination between Preserve Manager, HOA, landowner (if not HOA) and the City of Carlsbad. The Preserve Manager will coordinate with the City of Carlsbad, the City of Carlsbad's Preserve Steward, other preserve managers, the resource agencies, and the general public as necessary. The Preserve Manager will participate in the annual public workshop for HMP implementation hosted by the City of Carlsbad. It is also a goal of this plan that local residents take pride in the maintenance and protection of the preserve. The community can help police the open space and assist the Preserve Manager, who cannot be present 24 hours a day, in preventing unauthorized activities from occurring. 16 ASMD5.1 • Perform annual training and coordination with landowner, HOA, and potential volunteers to inform them of the status of the habitat management program and aid with their cooperation and support. • Participate in the annual public workshop for HMP implementation hosted by the City of Carlsbad. • Coordinate with the City of Carlsbad and City of Carlsbad's Preserve Steward. • Attend quarterly preserve manager meetings with the City of Carlsbad. 6.4 BUDGET /ENDOWMENT MANAGEMENT Implementation of the PMP will be paid for by annual funds generated by a non-wasting endowment. Prior to issuance of a grading permit for the Cascada Verde Project, the landowner/developer will provide $342,730 (adjusted for inflation as necessary according to the Consumer Price Index) to establish an endowment to fund annual long-term management based on the cost estimate (typically known as Property Analysis Record [PAR]) prepared for the Preserve and approved by the city (Appendix A-5). The endowment account must be allowed to grow for at least three years prior to initiation of long-term management, which shall occur during the period of habitat restoration. The Preserve Manager shall have a duty of loyalty and shall not use the endowment funds for its own personal benefit. The Preserve Manager or its designee shall act as a prudent investor of the endowment funds. Endowment funds may only be held by a qualified third party financial institution or as otherwise approved by the city. The principal of the endowment will not be invaded under any circumstances. These safeguards will insure that the funds will be available for long-term management in perpetuity. 6.5 OPERATIONS AND STAFFING The Preserve Manager will be responsible for implementation of in-the-field management and biological monitoring efforts. Weeding and certain management efforts requiring significant labor may be conducted by a qualified subcontractor overseen by the Preserve Manager. 7.0 REFERENCES American Ornithologists' Union. 1998. The A.O.U. Checklist of North American Birds, Seventh Edition, American Ornithologists' Union, Washington D.C.; and supplements; see http://www.aou.org/checklist/north/index.php. Brown, B.T. 1993. Bell's Vireo (Vireo bellii). In The Birds of North America, No. 35 (A. Poole, P. Stettenheim, and F. Gill, Eds.). Philadelphia: The Academy of Natural Sciences; Washington, DC: The American Ornithologists' Union. 17 CDFW. 2013. RareFind Version 3.1.0, Records search executed on July 15, 2013, covering the United States Geological Survey 7.5-minute series topographic maps, Encinitas, California quadrangles. Resource Management and Planning Division. Biogeograpbic Data Branch, Natural Diversity Database. Sacramento, California. California Native Plant Society Electronic Inventory (CNPSEI). 2013. Inventory of Rare and Endangered Plants (http://www.cnps.org/ inventory). Records search executed on July 15, 2013, covering the United States Geological Survey 7 .5-minute series topographic maps, Encinitas, California quadrangles. California Native Plant Society. Sacramento, California. Crother, B.I. ed. 2012. Scientific and Standard English Names of Amphibians and Reptiles of North America North of Mexico. Herpetological Circular 39. Gray, J ., and D. Bramlet. 1992. Habitat Classification System, Natural Resources, Geographic Information System (GIS) Project. County of Orange Environmental Management Agency, Santa Ana, California. Hickman, J.C., ed. 1993. The Jepson Manual: Higher Plants of California. University of California Press, Berkeley and Los Angeles, CA. 1,400 pp. Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. State of California, The Resources Agency, Department of Fish and Wildlife, Natural Heritage Division, Sacramento, California. LSA Associates, Inc. (LSA). 2013a. Coastal California Gnatcatcher Protocol Survey Results: Via Altisma Project, City of Carlsbad, San Diego County. LSA. 2013b. Jurisdictional Delineation Report: Ikon Limited -Carlsbad Parcel, City of Carlsbad, San Diego County, California. LSA. 2013b. Jurisdictional Delineation Report: Ikon Limited -Carlsbad Parcel, City of Carlsbad, San Diego County, California. LSA. 2018. Onsite Mitigation Plan for Cascada Verde Residential Development Project. Mock, P.J., B.L. Jones, and J. Konecny. 1990. California Gnatcatcher Survey Guidelines. ERC Environmental and Energy Services Co. North American Butterfly Association. 2001. NABA checklist and English Names of North American Butterflies, Second Edition, North American Butterfly Association, Morristown, New Jersey; see http://www.naba.org/pubs/checklst.html. 18 Oberbauer, Thomas, Meghan Kelly, and Jeremy Buegge. March 2008. Draft Vegetation Communities of San Diego County. Based on "Preliminary Descriptions of the Terrestrial Natural Communities of California", Robert F. Holland, Ph.D., October 1986. Paulson, D. 2009. Dragonflies and Damselflies of the West, Princeton University Press, Princeton, New Jersey. Rebman, J.P., and M.G. Simpson. 2006. Checklist of the Vascular Plants of San Diego County, 4th Edition. San Diego. Natural History Museum, San Diego, California. Stebbins, R.C., and S.M. McGinnis. 2012. Field Guide to Amphibians and Reptiles of California, Revised Edition, University of California Press, Berkeley. United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS). 2013. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Official Soil Series Descriptions. Online: http://soils.usda.gov/technical/ classification/ osd/index.html. USDA-NRCS. 2013. List ofHydric Soils -National List; all states. See ftp://ftp- fc .sc.egov.usda.gov/NSSC/Hydric _ Soils/Lists/hydric _ soils.xlsx. United States Fish and Wildlife Service (USFWS). 1997. Coastal California Gnatcatcher (Polioptila californica californica) Presence/Absence Survey Guidelines -February 28, 1997. USFWS. 2010. Coastal California gnatcatcher (Polioptila califomica californica) 5-year review: summary and evaluation. Carlsbad Field Office. September 29. USFWS. 2013a. National Wetlands Inventory Maps. See http://www.fws.gov/wetlands/. United States Geological Survey (USGS). 2013. 7.5-minute topographic quadrangle maps for Encinitas, California. Wilson, D.E., and D.M. Reeder, eds. 2005. Mammal Species of the World, Third Edition, Johns Hopkins University Press, Baltimore, Maryland; see http://www.vertebrates.si.edu/msw/mswcfapp/msw/index.cf 19 APPENDIX A-1 RESTRICTIVE COVENANT 20 APPENDIX TO BE PROVIDED APPENDIX A-2 PLANT SPECIES OBSERVED Appendix A-2 PLANT SPECIES OBSERVED -CASCADA VERDE PRESERVE Scientific Name Common Name Magnoliaceae Magnolia family Anacardiaceae Sumac family Malacothamnus fremontii Bush mallow Malosma laurina Laurel sumac Myrtaceae Myrtle family Rhus integrifolia Lemonade berry Schinus molle (introduced, Peruvian pepper tree nonnative species) Eucalyptus spp. (introduced, Eucalyptus nonnative species) Pinaceae Pine family Schinus terebinthifolius Brazilian pepper tree Pious spp. (introduced, Pines (introduced, nonnative nonnative species) species) Apiaceae Carrot family Platanaceae Sycamore family Platanus racemosa Western sycamore Apium graveolens Wild celery (introduced, nonnative species) Foeniculum vulgare Sweet fennel (introduced, nonnative species) Apocynacecae Dogbane family Poaceae Grass family Avena fatua (introduced, Wild oat nonnative species) Brachypodium distachyon Purple false brome (introduced, nonnative soecies) Bromus diandrus Common ripgut grass Nerium oleander Oleander (introduced, nonnative (introduced, nonnative soecies) soecies) Bromus hordeaceus Soft chess Arecaceae Palm family (introduced, nonnative Washingtonia robusta Mexican fan palm (introduced, nonnative soecies) soecies) Bromus rubens (introduced, Red brome nonnative species) Asteraceae Sunflower family Cortaderia selloana Pampas grass Artemisia califomica California sagebrush Isocoma menziesii Coastal goldenbush (introduced, nonnative soecies) Ehrharta erecta (introduced, Panic veldtgrass Iva hayesiana San Diego marsh-elder nonnative species) Brassicaceae Mustard family Lolium multiflorum Italian ryegrass Brassica nigra (introduced, Black mustard (introduced, nonnative nonnative species) soecies) Crassulaceae Stonecrop family Nassella pulchra Purple needlegrass Dudleya pulverulenta Chalk dudleya Polygonaceae Buckwheat family Cyperaceae Sedge family Eriogonum fasciculatum California buckwheat Cyperus involucratus Umbrella plant (introduced, nonnative species) Salicaceae Willow family Salix exigua Sandbar willow Ericaceae Blueberry family Salix lasiolepis Arroyo willow Euphorbia peplus Petty spurge (introduced, nonnative Saururaceae Lizard-tail family species) Fabaceae Pea family Anemopsis califomica Verba mansa Acmispon glaber Deerweed Scrophulariaceae Figwort family lridaceae Iris family Mimulus aurantiacus Sticky monkey flower Iris pseudacorus (introduced, Yellow iris nonnative species) Typhaceae Cattail family Sisyrinchium bellum Blue-eyed grass Typha latifolia Broad leaf cattail Lamiaceae Mint family Salvia mellifera Black sage A-3 ANIMAL SPECIES OBSERVED A- LEPIDOPTERA Paoilionidae Paoilio rutulus Pieridae Pontia orotodice AVES Accipitridae Buteo jamaicensis Charadriidae Charadrius vociferus Columbidae Zenaida macroura Trochilidae Calvote anna Picidae Melanerpes fonnicivorus Falconidae Falco sparverius Tvrannidae Savornis nigricans Corvidae Aohelocoma californica Corvus brachvrhvnchos Aegithalidae Psaltriparus minimus Svlviidae Chamaea fasciata Mimidae Mimus po)yglottos Sturnidae Appendix A-3 ANIMAL SPECIES OBSERVED OR DETECTED CASCADA VERDE PRESERVE BUTTERFLIES Swallowtails Western tiger swallowtail Whites and Sulohurs Common white BIRDS Hawks, Kites, Eagles, and Allies Red-tailed hawk Plovers and Lapwings Killdeer Pigeons and Doves Mourning dove Hummingbirds Anna's hummingbird Woodpeckers and Allies Acom woodoecker Caracaras and Falcons American kestrel Tvrant Flvcatchers Black phoebe Crows and Jays Western scrub-iav American crow Long-Tailed Tits and Bushtits Bushtit Sylviid Warblers Wrentit Mockingbirds and Thrashers Northern mockingbird Starlings Sturnus vulgaris (not native to the preserve) European starling Emberizidae Emberizids Pipilo maculatus Spotted towhee Melozone crissalis California towhee Fringillidae Fringilline and Cardueline Finches and Allies Haemorhous mexicanus House finch Soinus osaltria Lesser goldfinch MAMMALIA MAMMALS Sciuridae Squirrels, Chipmunks, and Marmots Spennophilus beecheyi California ground sauirrel A-4 High and Moderate Category Invasive Plants Appendix A-4 CAL-IPC: THE INVENTORY HIGH AND MOD ERA TE CATEGORY INVASIVE PLANTS SCIENTIFIC NAME High Category Species A lternanthera phi/oxeroides Ammophila arenaria Arundo donax Brassica tournefortii Bromus madritensis ssp. rubens Bromus tectorum Carpobrotus edulis Centaurea maculosa Centaurea solstitialis Cortaderia jubata Cortaderia selloana Cy tisus scoparius Delairea odorata Egeria densa Eichhornia crassipes Euphorbia esula Foeniculum vulgare Genista monspessulana Hedera helix, H. canariensis Hydrilla verticillata Lepidium latifolium Ludwigia hexapetala ludwigia peploides ssp. montevidensis Lythrum salicaria Myriophyllum aquaticum Onopordum acanthium Rubus armeniacus Sesbania punicea Spartium junceum Taeniatherum caput-medusae Tamarix parv(flora Tamarix ramosissima COMMON NAME alligator weed European beachgrass giant reed Saharan mustard, African mustard red brome downy brome, cheatgrass Hottentot-fig, iceplant spotted knapweed yellow starthistle jubatagrass pampas grass Scotch broom Cape-ivy, German-ivy Brazilian egeria water hyacinth leafy spurge fennel French broom English ivy, Algerian ivy hydrilla perennial pepperweed, tall whitetop Uruguay water-primrose creeping water-primrose purple loosestrife parrotfeather Scotch thistle Himalaya blackberry red sesbania, scarlet wisteria Spanish broom medusahead smallflower tamarisk saltcedar, tamarisk A-4.l Appendix A-4 (cont.) CAL-IPC: THE INVENTORY IDGH AND MOD ERA TE CATEGORY INVASIVE PLANTS SCIENTIFIC NAME Moderate Category Species Acacia dea/bata repens Ageratina adenophora Ailanthus altissima Alhagi maurorom Arctotheca calendula (sterile) Asparagus asparagoides Asphodelus fistulosus Atriplex semibaccata Brachypodium distachyon Brassica nigra Bromus diandrus Cardaria chalepensis Carduus pycnocephalus Ca,pobrotus chi/ensis Centaurea calcitrapa Centaurea diffusa Centaurea melitensis Chrysanthemum coronarium Cirsium arvense Cirsium vulgare Conium maculatum Cotoneaster lacteus Cotoneaster pannosus Cynara cardunculus Cynodon dactylon Cynosurus echinatus Cytisus striatus Dipsacus Jul /onum Dipsacus sativus Dittrichia graveolens Ehrharta erecta Ehrharta longiflora Elaeagnus angustifolia Emex spinosa COMMON NAME silver wattle Acroptilon Russian knapweed croftonweed, eupatorium tree-of-heaven camelthorn sterile capeweed bridal creeper onionweed Australian saltbush Purple false broom black mustard ripgut brome lens-podded white-top Italian thistle sea-fig, iceplant purple starthistle diffuse knapweed Tocalote crown daisy Canada thistle bull thistle poison-hemlock Pamey's cotoneaster silverleaf cotoneaster artichoke thistle bermudagrass hedgehog dogtailgrass Portuguese broom common teasel fuller's teasel stinkwort erect veldtgrass long-flowered veldtgrass Russian-olive spiny emex, devil's-thorn A-4.2 Appendix A-4 (cont.) CAL-IPC: THE INVENTORY IDGH AND MODERATE CATEGORY INVASIVE PLANTS SCIENTIFIC NAME Moderate Category Species (cont.) Erechtites glomerata, E. minima Eucalyptus globulus Euphorbia terracina Festuca arundinacea Ficus carica dissectum Glyceria declinata Halogeton glomeratus Hirschfeldia incana Holcus lanatus Hordeum marinum, H. murinum Hypericum canariense Hypericum pe,foratum Hypochaeris radicata Kochia scoparia Leucanthemum vulgare Linaria genistifolia ssp. dalmatica Linaria vulgaris Lolium multiflorum Mentha pulegium Mesembryanthemum crystallinum Myoporum /aetum Nicotiana glauca Oxalis pes-caprae Pennisetum setaceum Phalaris aquatica Potamogeton crispus Retama monosperma Rumex acetosella Sisymbrium irio Tori/is arvensis Trifolium hirtum Vinca major Vulpia myuros Washingtonia robusta COMMON NAME Australian fireweed Tasmanian blue gum carnation spurge tall fescue edible fig Geranium cutleaf geranium waxy mannagrass halogeton shortpod mustard common velvet grass Mediterranean barley Canary Island hypericum common St. John's wort rough catsear, hairy dandelion kochia ox-eye daisy Dalmation toadflax yellow toadflax Italian ryegrass pennyroyal crystalline iceplant myoporum tree tobacco yellow oxalis crimson fountaingrass hardinggrass curlyleaf pondweed bridal broom red sorrel, sheep sorrel London rocket hedgeparsley rose clover big periwinkle rattail fescue Mexican fan palm A-4.3 THIS PAGE INTENTIONALLY LEIT BLANK A-4.4 A-5 PROPERTY ANALYSIS RECORD CASCADA VERDE PRESERVE PROPERTY ANALYSIS RECORD Prepared for: Cascada Verde Preserve Lanshire Housing Partners, LLC 2633 South Fairfax Avenue Culver City, Californja 90232 Contact: Matt Nelson (310) 837-2633 Email: matt@ikonlimited.com Prepared by: J. Whalen Associates, Inc. 1660 Hotel Circle N Suite 725 San Diego, CA 92108 Contact: Tyler Martin (619) 863-5546 December, 2019 Revised by City of Carlsbad December I 9, 20 I 9 PROPERTY ANALYSIS RECORD (PAR) for CASCADA VERDE PRESERVE, CARLSBAD December 19, 2019 This Property Analysis Record ("PAR") has been prepared for Cascada Verde Preserve (preserve). The purpose of the PAR is to identify the estimated costs associated with the long-term management and maintenance of a 0. 74-acre preserve located within the Cascada Verde Property in the City of Carlsbad (City). The preserve will managed by a qualified Preserve Manager approved by the City. This PAR includes Initial & Capital Tasks and Costs, as well as long-term Ongoing Tasks and Costs associated with managing the preserve in perpetuity. The complete PAR cost sheets are provided at the end of this document. The PMP was the primary source utilized in preparing this PAR. The PAR has been organized into the following categories: • Property Description and Background • Initial & Capital Tasks and Costs • Ongoing Tasks and Costs • Financial Summary • Additional Assumptions PROPERTY DESCRIPTION AND BACKGROUND The 0.74-acre Cascada Verde Preserve is located in the central portion of Carlsbad in northern San Diego County, California. Within Carlsbad, the preserve is located along the existing unnamed intermittent drainage, between Altisma Way and Altiva Place. The preserve occurs within the boundaries of the adopted Carlsbad HMP and is not located within the Coastal Zone. The bioregion that generally defines the area is influenced by a coastal Mediterranean climate. The area's climate, coupled with coastal geological formations and land features, gives rise to an array of habitat types and species that are unique to coastal southern California. Although past agricultural practices and urbanization have resulted in the conversion of land within much of the region, habitat blocks and linkages of undeveloped land occur amongst existing developments that provide important habitat for plant and animal species that reside and migrate to and from the area. Larger habitat blocks exist on steep-sloping land and in and around the three coastal lagoons that occur within Carlsbad: Agua Hedionda Lagoon, Batiquitos Lagoon, and Buena Vista Lagoon. Additional undeveloped areas occur on some of the higher-elevation inland portions of Carlsbad that have not been subjected to intense agricultural practices or development. Grasslands, coastal sage scrub, chaparral, riparian woodlands and forests, and riverine, palustrine, and estuarine habitats all contribute to the overall biological value and Cascada Verde PAR 1 December 19, 2019 aesthetic appeal of the region. The preserve supports riparian vegetation as described in the Preserve Management Plan. The preserve will be subject to a restrictive covenant (in preparation) that will define allowed and prohibited uses. Prior to initiation of long-term management the preserve area will be subject to enhancement, restoration, and creation as pursuant to the On-site Mitigation Plan for the Cascada Verde Project (Restoration Plan). Once the site has met success criteria and been signed off by the City, it will be turned over to the Preserve Manager in a condition determined to be acceptable by the City and Preserve Manager (e.g., irrigation lines and trash removed, less than 10% cover of invasive species, etc.). The PMP provides direction for permanent preservation and management of the Preserve. The PMP, which has been used as the basis for determining the PAR and the assumptions herein, was prepared to be consistent with HMP policies. While it is anticipated that the Preserve will be managed in accordance with the HMP, it shall be noted that future management obligations for the Preserve are limited to the requirements of this PMP and available funding provided by the endowment account. Additional obligations outside the scope of the PMP and PAR would require additional funding. INITIAL & CAPITAL TASKS AND COSTS $16,019.201 The task and cost breakdown is provided at the end of this document. Assumptions for Initial & Capital Tasks and Costs The Initial and Capital Costs above are for the first year of land stewardship activities as outlined in the PMP. Assumptions are discussed below. 1. Property Inspection. Prior to accepting responsibility for long-term management (i.e., at the end of the five-year restoration and mitigation and monitoring effort), the Preserve Manager will conduct a property inspection to review the condition of the property and compare it to the conditions stipulated in the PMP, the Restoration Plan, and existing biological technical documents. The focus of the inspection will be on the condition of vegetation, as well as the condition of the site in general with regard to exotic species, weeds, trash, structures, easements, trails, encampments, etc. As noted further below under "Additional Assumptions," the Preserve Manager assumes the site will be relatively stable regarding erosion, weed-free, and free of trash and debris prior to initiating long-term management. Project Proponent and the Preserve Manager shall verify and concur on the condition of the site. Project Proponent shall also provide the Preserve Manager with a digital version of the most current vegetation map including a vegetation map depicting the mitigation site following completion of the restoration effort. 1 This is the estimated annual total for Initial Tasks and Capital Costs as of December 2019. This estimate will increase as necessary to reflect inflation, according 10 the Consumer Prii:c Index, Cascada Verde PAR 2 December 19, 2019 2. Database Compilation. The Preserve Manager will review biological resource data provided by Project Proponent and the Restoration Plans contractor, including pre-and post-restoration digital maps, photo documentation, monthly monitoring logs, annual reports, species data for sample locations, and proof of meeting final success criteria. 3. Baseline Mapping. The Preserve Manager will survey the entire Preserve during the first year of management to compare the vegetation mapping provided by Project Proponent to the actual conditions (quality and condition, weed cover, etc.). The Preserve Manager will verify and augment existing biological documentation with baseline floral and fauna! species inventories. Mapping will include habitat acreage in graphic and tabular format, locations of observed sensitive plant and wildlife species detected during the survey, a list of all species observed ( either directly or indirectly by sign such as scat, tracks, etc.), and photo documentation from the five set points/stations that were established during the restoration effort. Collection of data will be performed during optimal times of year for specific species detection. Baseline mapping will also provide a means to target the first years' weeding/exotics removal efforts. 4. Database Management. Project files and long-term management of the Preserve will be tracked using an appropriate file management system for hard copy, electronic, and GIS files. 5. Start-Up Costs. Operations costs associated with start-up, endowment processing, and accounting file setup. 6. GeneraLcontingency of 14%. 7. Administrative rate of 14% ANNUAL ONGOING TASKS AND COSTS $14,880.002 The task and cost breakdown is provided at the end of this document. Assumptions for Ongoing Tasks aDd Costs 1. Monitoring. The Preserve Manager will conduct monthly site visits to inspect general conditions and identify, report, and/or rectify potential threats to the Preserve. Individual or small areas of invasives will be removed by hand during monitoring visits and larger areas requiring work will be flagged for later removal by work crews. Erosion will be monitored to assess need for additional erosion control measures. Erosion control and removal oflarge amounts of debris/trash will be conducted by field technicians during the annual weeding effort and during potential community volunteer 2 his is the estimated annual total for Ongoing Tasks (i.e .. after 3 years of Initial Tasks) as of Dccc.mbcr 2019. This estimate will increase as necessary to rc:flcct infla1ioo. according to tht Consumer Price lndtx. Cascada Verde PAR 3 December 19, 2019 days under the Preserve Manager's direction. The Preserve Manager will inform the Project Proponent or its assignee if repair/remediation outside the obligations of the Preserve Manager ( e.g. fencing, signage, or erosion control) is necessary. Illegal activities within the Preserve, such as illegal occupancy and removal of natural resources, will be reported to the City Police Department. The Preserve Manager will maintain a log of all incidences of illegal activities, chronic or discontinued, within the Preserve and will include this information in the annual report. Photographs will be taken from five photo station points which were established during the restoration efforts. Once every five years, the Preserve Manager will conduct an enhanced vegetation survey, verify and update species cover mapping, and survey the sample locations for changes in species composition. This effort may be conducted at the same time as, the monthly patrol. In addition to an monthly patrol by the Preserve Manager, potential volunteers from the Cascada Verde community trained by the Preserve Manager may assist with monthly patrols. Monthly visits will have four primary emphases: (a) to inspect the general condition of vegetation and other natural habitat features, and to identify natural or man-made changes, including fire, erosion and non-native plant incursions; (b) to inspect the condition and function of fences, gates, locks, signs, roads, pathways, and other man-made Preserve infrastructure; ( c) to identify and assess the sources and frequencies of illegal/unauthorized activities, including dumping, vandalism, encampments, hunting or collecting, domestic animal activity, horticultural encroachment, or creation of new trails; and ( d) to rectify minor problems by interacting with neighbors, picking up trash, and performing repairs and maintenance. Trash and debris will be removed by hand. The monthly patrols will be documented in monthly log reports, which will be reviewed by the Preserve Manager and appended to the annual report. 2. Community Outreach and Education. The Preserve Manager will conduct one training session as necessary to educate Cascada Verde potential volunteers about the resources being protected within the Preserve and how to appropriately conduct monthly patrols to meet the above criteria. The Preserve Manager will develop materials to aid in the education of potential volunteers and will provide checklists and blank log reports. The Preserve Manager will also attend the City's quarterly land managers meeting and the City's annual Habitat Management Plan meeting. 3. General Coordination. The Preserve Manager will coordinate with the City, wildlife agencies, law enforcement, fire protection services, and adjacent property owners as needed throughout the year. It is assumed that most coordination will occur via telephone and electronic mail, with only periodic field meetings when warranted. 4. Exotics Removal/Weeding. Exotics removal is expected to be a primary focus of the Restoration Plan, resulting in a relatively weed-free site when the Preserve Manager Cascada Verde PAR 4 December 19, 2019 commences long-term habitat management. At that point, the site shall be free of all high-risk invasive species and no more than 5 percent of the site shall be occupied by non-native species. For the duration of long-term management, weeding efforts will likely occur at least once annually or more often if needed, and consist of a field crew of four, including a foreman, for one full day per visit. Timing of the weeding event is at the discretion of the Preserve Manager and may be split into multiple visits depending on site conditions, weather and seasons, and type of invasives being targeted. A potential supplemental community volunteer day may also be utilized for weeding of invasives. Potential volunteer community labor will be trained and overseen by the Preserve Manager for the event. Weed removal shall be accomplished by the least toxic method that is effective, at the discretion of the Preserve Manager. That is eradication may be performed by hand, weed whip, mowing, or herbicides. If herbicides are used, they will be applied by a licensed pesticide applicator under the supervision of the Preserve Manager. 5. Erosion Control. Erosion can pose a significant threat to the preserve if not controlled. Erosion control measures will be in place to help prevent erosion within the preserve. These may include, but are not limited to, organic matting, fiber rolls (straw wattles), and silt fencing. The Preserve Manager will evaluate the site's need for additional erosion control on each site visit. It is assumed that erosion control will primarily be the responsibility of the Project Proponent. If additional erosion control measures become necessary at any point, the Preserve Manager will notify Lanshire Housing Partners or its assignee of the amount and type of BMPs best suited to the site and will be responsible for their purchase and installation. 6. Vegetation Mapping. The baseline mapping shall be updated, as warranted, during site patrols. Once every five years, the Preserve Manager will visit the restoration area, and will document the 5 dominant shrub and 5 dominant herbaceous species present. The percent cover of species present and their relative abundances at each of the sample locations will also be recorded. 7. Annual Reports. The Preserve Manager will prepare an annual report based on information obtained during the annual monitoring visit, the monthly log reports prepared by the Preserve Managers and other sources. This report will include, but not be limited to a summary of monitoring efforts and surveys, general habitat conditions, and yearly weather conditions; documentation of new species; revised maps of biological features, as appropriate; photo documentation; accounts of management activities performed; accounts of illegal activities and remedial measures; appended field logs; recommendations for modification or augmentation of management and monitoring practices for the following year, based on an assessment of current prescribed activities and events of the preceding year; and a summary of management costs, accounting of the endowment, and projected and actual costs. The report shall meet the criteria outlined in the PMP and will be provided to the City by the end of Cascada Verde PAR 5 December 19, 2019 October each year. 8. PMP Updates and Adaptive Management. The PMP will be updated by the Preserve Manager every five years based upon the best available science and recommendations made in the annual reports. If there is a substantial decline in native species compared to the baseline (e.g. greater presence of exotics) or other apparent threats to habitat conditions are observed, remedial measures will be evaluated and implemented on an as-needed basis. The Preserve Manager will review and update the PMP every five years, as needed, to adjust management activities and recommendations in order to better manage the Preserve for the long-term protection of sensitive resources within the Preserve. Adaptive management strategies will be included in the PMP updates. Adaptive management measures will be limited to those funds that are available in that year's contingency/adaptive management funds. 9. General contingency of 14%. 10. Administrative rate of 14%. FINANCIAL SUMMARY Initial and Capital Costs for Year 1 of Long-Term Management* Annual Ongoing Management Costs = $14,880 Endowment to Provide Annual Income of $14,880** Total Contribution $16,019 $ 342.730 $358,7493 * Includes Initial and Capital (Year I) only since the endowment will be paid more than three years in advance. ** Assumes a 4.25% capitalization rate and that the endowment will be held by The San Diego Foundation. ADDITONAL ASSUMPTIONS I. This estimate is good for a period of six months. 2. Assumes long-term habitat management will begin in 2025. 3. Assumes the Preserve Manager will manage the habitat in perpetuity. 4. Soil within the Preserve will be relatively stable from post-fire revegetation and erosion control, with a minimal amount of erosion control BMPs in place. 5. The Preserve will be free of debris, trash, encampments, and above-ground 3 This is lhe estimated annual total (Initial Tasks plus Initial Contribution to Endowment Fund) as of Dcccmhcr :!019. This estimate will increase as necessary to reflect inflation, accordin_g_ to the Consumer Price Index. Cascada Verde PAR 6 December 19, 2019 infrastructure before the Preserve Manager takes over the long-term management. 6. The Preserve will be relatively weed-free before the Preserve Manager takes over long-term management. No high-risk invasives shall be present and no more than 5 percent of the site will be occupied by non-native species. 7. Project Proponent will be responsible for the installation and maintenance of fencing and signage. 8. Project Proponent will be responsible for developing a site-specific fire management plan in coordination with the City of Carlsbad fire marshal. 9. No focused-species surveys will be performed by the Preserve Manager. The Preserve Manager will conduct general biological surveys and vegetation mapping, and generate GIS data for sensitive species occurrences within the Preserve. 10. This estimate does not include the costs associated with General Counsel's review of legal documents, including but not limited to: Restrictive Covenants, Conservation Easements, Title Reports, Management Agreements, Real Property Transfer Agreements, Access Agreements, or Deeds. Review and comment on applicable documents will be performed under a separate contract prior to the Preserve Manager taking responsibility for long-tenn habitat management. 11. The Preserve Manager is not responsible for responding to or remediating excessive erosion, which will primarily be the responsibility of the Project Proponent. Should excessive erosion occur, the Preserve Manager will address it to the extent possible using available contingency funds, but will not be responsible for additional measures not specified in the PAR or PMP. 12. The Preserve Manager is not responsible for maintenance of current or future trails within or adjacent to the preserve. 13. Project Proponent shall clearly mark all edges of the Preserve boundary (fencing, stakes, bollards, etc.) and provide GPS data points of the Preserve boundary. 14. Project Proponent and Restoration Contractor shall provide electronic copies of the PMP and all available biological resource reports, mapping ( digital), photos, correspondence, etc. before the Preserve Manager commences long-term stewardship. The Project Proponent shall supply a current aerial photograph at the initial site inspection. 15. The PAR does not assume coordination with other easement holders (e.g. utilities). Cascada Verde PAR 7 December 19, 2019 Date: 113/18 -reviewed and revised by cl\Y of Carlsbad 12/19/19 Property: Cascada Verde Prepared by: Ty S.tems, Landscape Architect, U1ban Co,ps of San Diego County Prepared for: J. Whalen Associates, Inc. PA~ Initial Tasks & Caeital Costs Task List Specification Unit Number of CosWnit Annual OhrideYtars Total Cost Units Cost INITIAL PROPERTY INSPECTION Site Vlsil/lnspaclioo Presere Manage, L. Hou.rs 4 s 95 $ 380 1 $ 380.00 Document pr!paralion & Review Preserve Manager L. Hours 4 $ 95 $ 380 1 $ 380.00 Coordinate will Restoration Preserve Manager L. Hours 2 s 95 $ 190 1 $ 190.00 Contractor SUB-TOTAL S 950.00 BIOTIC SURVEYS Field Sry. & Reports Preserve Manager L. Hours 2 $ 95 $ 190 1 $ 190.00 Field Sry. & Reports Blologlsl L. Hours 6 s 95 $ 570 1 $ 570.00 Baseline Documenlaloin Biologist L. Hours 8 s 95 $ 760 1 s 760.00 Base6.ne Mal)l>ing -Vegetation GIS SpedaNsl L. Hours 2 s 95 $ 190 1 s 190.00 SUB-TOTAL $ 1,710.gG HABITAT MAINTENANCE Monthly Patrol Biologist, monthly L. Hours 16 $ 95 $ 1,520 1 $ 1,520.00 visits Invasive Plant al')d Trash Preserve Manager, L. Hours 4 s 95 S 380 1 s 380.00 Control; graffiti removal supervision Invasive Plan\ and Trash Field Labor, 3 L. Hours 96 $ 45 S 4,320 1 s 4,32-0.00 Control; gra.ffiti removal corpsmembers, Hand Riimova.l, 4 x's a year, 8 hrs per visk Invasive Plan! and Trash Crew Supervisor L Hours 32 $ 45 $ 1,440 1 s 1,440.00 Control; grallliJ removal Labor Invasive Plant Control Suppjles, Herbicide Galon 1 $ 120 $ 60 1 $ 60.00 WI, Debris Rem01,af Dump Fee CubicYanfs 40 $ 13 $ 520 1 s 520.00 SUB-TOTAL$ PUBLIC SERVICES IJ-40.00 Commumty Outreach Meelings, once L Hours 4 s 95 S 380 1 $ 380.00 annually SUB-TOfAL $ 380.00 REPORTING Annual Reports Summary LHOIJJS 10 $ 95 S 950 1 $ 950.00 Database Management Data Input LHours 2 $ 96 S 190 1 s 190.00 Photodocumeota0on Field Survey L. Hours 1 $ 95 $ 95 1 $ 95.00 SUB-TOTAL $ 1.235,00 lnltlal Tasks, SUB-TOTAL $ 12,515.00 CONTINGENCY Ml> ADMINISTRATION Contingency @ 14% s 1,752.10 $ 3,504.20 Administration @ 14% s 1,752.10 I 1st YEAR ANNUAL TOTAL S 18,019.20 Toisis the estinlated annual total for Initial Tasks and Capital Costs as of December 2019. This estimate wlM Increase as necessery to reflect inffstion, according to lhe Consumel' Price Index. page1 Date: 1/3/18 -revlewed and revised by city of car1sbad 12/19/19 Property: Cascada Verde Prepared by: Ty Siems, Landscape Archltec~ Urt>an Corps or San Diego County Prepared for. J, Whalen Associates, Inc. PAR, Onsoing Task.s & Caeital Costs Task LIit Specification Unit Number of Units BIOTIC SURVEYS lrrological Monitoring, evaluation, Preserve Manager L. Hours 16 logs, etc. HABITAT MAINTENANCE Monthly Patrol Biologist-monthly L. Hours 16 Invasive Plant and Trash Preseive Manager-L. Hoors 8 Control, etc supervision Invasive Plant and Trash Field Lilb°', 3 L. Hours 96 Controt, eroslon control COIJ)Smembers, Hand Remova~ 4 x's a year, 8 hrs per visit Invasive Planl and Trash Control Crew Supervis°' L. Hours 32 Labor, Debris Removal Dump Fee Cubic Yards ◄0 Invasive Plant Control Supp&e$, Herbicide Gallon 1 41% PUBLIC SERVICES Community Outreach MeeUngs, once annu, L Hours 4 REPORTING Annual Reports Summary L. HOIJIS 8 Database Management Data Input L H0111s 4 Photodocumentation Field Survey L Hours 1 PMPupdata L. Hours 10 CONTINGENCY AND ADMINISTRATION . Contingency @ 14% AdmlnlGtration @ 14% FINANCIAL SUMMARY NON-ENDOWMENT FUNDS: INITI.AL THREE YEARS OF MAINTENANCE One year of hilial Tasks and Capital Costs = upfront costs in addilion to endowment ENDOWMENT FUNDS: LONG TERM MANAGEMENT Cost/Unit Annual Divide Years Cost $ 95 S 1,520 1 s SUB-TOTAL $ $ 95 $ 1,520 1 $ s 95 $ 760 1 s $ 45 $ 4,320 1 $ $ 35 5 1,120 1 $ $ 13 $ 520 1 s $ 120 S 60 1 s SUB-TOTAL $ $ 9S S 380 1 s SUB-TOTAL $ s 95 S 760 1 $ $ 95 $ 380 1 $ $ 95 S 95 1 $ $ 95 S 950 0.20 $ SUB-TOTAL $ Ongong Tuks, SUB-TOTAL $ $ 1,627.50 $ $ 1,627.60 $ I ONGOING TOTAL S Don't need this because the entire site will be tnder restoration for 3 years while endowment grows. Initial Contribution Endowment Fund at San Diego Foondatlon, 425% Cap Rate Using CPI calculator, this Endowmanl must be IUIIY funded prio( to the start of restoration lmplemanlation to allow time for the would be $364.108 in .2021 dollars TOTlll Total Cost 1,520.00 1 S20.00_ 1,520.00 760.00 4,320.00 1,120.00 620.00 60.00 8300.00 380.00 380.00 760.00 380.00 95.00 190.00 1,~5.00 11,625.00 1,627.50 The totals for Ongoing Tasks (I.e., after 3 years of Initial Tasks) and Initial Contribution for Endowment Funds were esdmated as of December 2019. These esUmates wil inCf8ase as necessary to reflect inflation, according to the Consumer Price Index. "9:3 :'\ ·: -.;:; page2 TRUE COPY CERTIFICATION (Government Code 27361.7) l_1:.Q_Q_ Cc>vYl~b M V\\\ML ObV1L ~r\~bi<-A, G-it- Place of Execfoion q1,,-00 B I certify under penalty of perjury that this material is a true copy of the original material contained in this document. ~ I 2-I Z2-~ Date Signature of Declarant \ \ v\.., ('I\ C C AN\ Type or Print Name Rec.Form #R9.1 (Revised 11-15-10)