HomeMy WebLinkAboutSDP 2022-0003; FPC RESIDENTIAL - SB 330; Site Development Plan (SDP),
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(Cityof
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday,Avenue
. (760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: ,{SHECK BOXES)
Development Permits (FOR DEPT. USE ONLY) Legislative Permits
[¼I ,J' Co_a~t?.\T,evelopment Permit D Minor
tJ Conditional Use Permit
D Minor D Extension
□ Day Care (Large)
□ Environmental Impact Assessment
□ Habitat Management Permit OMinor
□ Hillside Development Permit OMinor
D Nonconforming Construction Permit
0 Planned Development Permit D Minor
D Residential O Non-Residential
0 Planning Commission Determination
0 Reasonable Accommodation
U{ Site Develo.pment Plan D Minor
0 Special Use Permit
0 Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
0 Variance D Minor
c..D?ZOZZ-t:OL~
~ p:,o'tu'VOC"?
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan D Amendment
D Specific Plan
D Zone Change
D Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review P~rmit
D Administrative D Minor D Major
(FOR DEPT. USE ONLY)
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL NO(S): 214-160-25-00; 214-160-28-00; 214-171-11-00
LOCATION OF PROJECT: 7200 Ponto Drive, 7290-94 Ponto Drive
(STREET ADDRESS)
NAME OF PROJECT: Self-storage and Junkyard Redevelopment
BRIEF DESCRIPTION OF
PROJECT: Redevelopment of existing self-storage and junkyard site into 86 two and three
story townhome apartments
PROJECT VALUE
(SITE IMPROVEMENTS) ESTIMATED COMPLETION DATE
FOR CITY USE ONLY
Development No. ll3}2J22?,,,,.,---f)Qc\b Lead Case No. sD()2,-P22,.::--00(L3>
P-1 Page 1 of 6 Revised 10/20
OWNER NAME
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
-
(PLEASE PRINT)
(if applicable): H.G. Fenton Property Company
MAILING ADDRESS: 7577 Mission Valley Road
CITY, STATE, ZIP: San Diego, CA 92108
TELEPHONE: 619-400-0120 .....:;_.....:;_""'"'-"-"--~=-'---------
EMAIL ADDRESS: rwebb@hgfenton.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREI IS MY AUTHORIZED REPRESENTATIVE FOR
PURPO§_ES OF THI APP ICATION.
DATE
APPLICANT NAME
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(PLEASE PRINT)
(if applicable): H G Fenton Property Company
MAILING ADDREss:__._7 .... 5 .... 7 .... 7 ...... M ......... is .... s ... io .... o ......... V_..a ... H""'e+y ...... R'""'o ... a .... d __ _
CITY, STATE, ZIP: Sao Diego, CA 92108
TELEPHONE: 619-400-0120
EMAIL ADDRESS: DNebb@bgfeotao cam
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
s,:2:f?K ~/2/uzz
DATE
APPLICANT'S REPRESENTATIVE (Print): _R__.y...;..le.c...y~W..;..e.;c..b..;..b'"--____________________ _
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
7577 Mission Valley Road
San Diego, CA 92108
619-400-1 034
rwebb@hgfenton.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS T UE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAN D BIND NY SUCCESSORS IN INTEREST.
FOR CITY USE ONLY
P-1 Page 2 of6
RECEJ\/ED
APR O 7 2022
CITY OF ,:.,AHLSBAO
DA td-i¥~~~,,~{p~/&)/p1~ECEIVED
RECEIVED BY:
Revised 10/20
(cicyof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent}
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person N/A Corp/Part H.G. Fenton Property Company
Title ------------
Address -----------
Title N/A-No Individuals with more than 10% shares
Address 7577 Mission Valley Road, San Diego, CA 92108
2. OWNER (Not the owner's agent}
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person -----------
Tit I e ------------
Address __________ _
corp/Part H.G. Fenton Property Company
Title N/A-No Individuals with more than 10% shares
Address 7577 Mission Valley Road, San Diego, CA 92108
Page 1 of 2 Revised 07/10
0
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non ProfiVTrust'---------Non ProfiVTrust. _________ _
Title ------------Title ____________ _
Address. __________ _ Address. ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes [RJ No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
~~ -~---Signature of owner/date Signature of applicant/date
int or ype name of owner ( o type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 07/10
Ccicyof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
PROJECT NAME: Self-Storage and Junkyard Redevelopment
APPLICANT NAME: H.G. Fenton Property Company
.._
I
Development Services
Planning Division
1635 Faraday Avenue
(442) 339-2610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
The proposed project is the redevelopment of an existing 4. 64 acre self-storage facility and junkyard into 86
(18.5 du/ac) rowhomes, townhomes, and triplexes. The mix of units consists of eight 2-bedroom units, 40 3-
bedroom units, and 38 4-bedroom units. The project will include 15% of the units as affordable to low-income
and will utilize a density bonus (27.5%} through Government Code 65915 which would allow for up to
19.125du/ac. The rowhomes and townhomes will be 3-story and the triplexes will be 2-story.
The project site is located at 7200 and 7290-94 Ponto Drive on 3 APN's: 214-160-25, 214-160-28, 214-171-11 .
The General Plan Designation for the site is R-15/VC for two of the parcels and R-15 for the third and the
zoning of the site is RD-M-Q/C-T-Q and RD-M-Q respectively. The project will include 191 parking spaces with 2
internal per unit and 19 guest parking spaces.
Site improvements consist of an internal primary arterial street, private dog park, and additional open space.
Existing dry utilities will be undergrounded and new water and stormwater connections will be made to
existing facilities in Ponto Drive. A private lift station will serve a new sewer connection. Off-site
improvements consist of curb and gutter along Ponto Road and Ponto Drive. An additional right-of-way
dedication may be considered for the extension of Ponto Drive east along the southern property line if it is
determined to be necessary. An existing gas transmission line serving So Cal Gas will remain in place and the
project has been designed in accordance with their design standards.
Project Narrative:
The currently approved LCP consists of six geographic segments. The Project Parcels are located within the
Mello II segment. The LCP was approved in 1985 and the implementation plan was approved in 1996. The
most recent Local Coastal Program which was approved in October 2021 by Council and is not yet approved by
Coastal Commission no longer splits the City into segments. In the 1996 LCP, the land use map for the Project
Parcels is identified as Not in Use (pg. 92). As a result, the 2015 General Plan Map is the current map in use as
it is the most recent map approved by the California Coastal Commission. The parcels are not subject to the
Poinsettia Shores Master Plan.
In 2007, the City created a Ponto Beachfront Village Vision Plan. The Vision Plan identified the parcels as
visitor accommodations, but allowed residential use if visitor accommodations was determined to not be
feasible (pg2.8, 16-17). The Vision Plan also included information on proposed infrastructure to facilitate the
development including a lift station that would be utilized to provide sewer for the parcels (pg.4.13-15). The
Vision Plan was approved by the City Council, however it was not approved by Coastal Commission. As a
result, the land use designations remained the same as shown in the 1996 LCP and subsequently adopted
2015 General Plan. As noted in the EIR for the Vision Plan, the use designations within the Vision Plan
are intended to guide the development within Ponto, but do not prescribe the exact uses of each parcel.
The proposed project is consistent with the intent and design of the Vision Plan.
In 2015, the City updated their General Plan Land Use Element. The General Plan rezoned the parcels to
R-15 and R-15/V-T. The General Plan was approved by Coastal Commission. The project achieves Policy
2-P.89 of the General Plan Land Use section by providing a land use consistent with the Ponto Beachfront
Village Vision Plan. The second policy relevant to the Ponto/Southern Waterfront area (2.P.90) is not
applicable as the site does not front Carlsbad Boulevard.
In 2021, the City adopted a revised Local Coastal Program. This new Local Coastal Program maintained
the consistency of the parcels with the approved General Plan. The land use map included in the LCP does
not include a Q designation (pg.2-11). It contains no additional guidance on split use designation and
does not require a property to include development from each of the land use designations.
The Zoning for the site is RD-M-Q/C-T-and RD-M-Q. The Q overlay requires a Site Development Plan
(21.06.030). The combination zoning is discussed in 21.05.095. The section states that "multiple land
use designations are assigned to areas in the early planning stages when it is unclear what the most
appropriate designation may be or where the boundaries of such designations should be located ... If the
combination zoning applies to property consisting_of less than 25 acres, a site development shall be
approved ... 11
• In accordance with both the Q overlay and the Combination Zoning language, a site
development plan is being processed. As describ.ed in the combination zoning language, there is no
prohibition on projects proposing a single use within a combination zoning district.
The project is located within LFMZ 22. As identified in the most recent Growth Management Plan
Monitoring report, LFMZ is in compliance with every performance standard except open space. The
approved open space standard is 15% of total land area. In order to meet this requirement, a 4.64 ac
site is required to provide 30,31 lsf of open space. The proposed project exceeds this requirement by
providing 41,149sf In addition, 48 units (55% of project) are providing over 200s.f each of private
backyard open space.
As discussed above, the application for an 86 unit residential project is consistent with the Ponto
Beachfront Village Vision Plan, the General Plan, and the Zoning Code.
Self-Storage and Junkyard Redevelopment Site Photos
APR O 7 2022
2-Looking North
3-Looking NorthEast
,,:-------~--------, --~ .... ,_
\
4-Looking Northwest
6-Looking West
5-Looking W est
7-Looking West
8-Looking Southwest
9-Looking Southeast
11-Looking East
13-Looking East
and South
10-Looking South
12-Looking East
Supplemental Application-Density Bonus Program
Project Name and Case No(s):
FPC Residential
SDP2022-0003/CDP2022-0023
Project Location:
APN's: 214-160-25-00; 214-160-28-00; 214-171-11-00
Addresses: 7200, 7290, 7294 Ponto Drive Carlsbad, CA 92011
Property Description:
JAN 1 7 zon
Property is located West of the Railroad Tracks, East of Ponto Road, and North of Ponto Drive. The site
is presently developed with a self-storage facility, a junkyard/storage yard, and two (2) vacant office
buildings. The property is surrounded by a parking structure to the north, single family residences to the
west, vacant land to the south, and railroad tracks with single family beyond to the east. The site slopes
from North to South and East to West with the existing low point in the Southwest corner. The General
Plan designates the site a combination of R-15/VC and R-15. The zoning designation is a combination of
RD-M-Q/C-T-Q and RD-M. The maximum density allowed by the City's General Plan is 70 units at 15
du/ac on a 4.64-acre site.
Project Description:
The project proposes to construct 86 residential townhome style apartment units, in clustered
rowhomes and triplex configurations. The project is for-rent. There will be a mix of two-and three-
story product. The project will be constructed in one phase and the affordable units will be distributed
equally amongst the product types. The project will be accessed off Ponto Road from the west property
line. Proposed utilities include water, sewer, and electric. The proposed amenities for the site include
barbecue area, dog park, and pickleball court.
Density Calculations:
Gross Acreage: 4.64ac
4.64ac x 15du/ac= 69.6 units (70 units)
70 units x .275%= 19.25 (20 units) (15% of 70 units at Low Income)
90 Units allowed: 86 Units Proposed
13 Units at Low Income Provided
11 Units at 60% of Median Income
2 Units at 70% of Median Income
C
Incentives:
Fence heights: Allowing fences/walls up to 12 feet where City development standards allow for up to 6
feet.
The City of Carlsbad allows for solid walls to be constructed up to six feet in height. The proposed
project is required to construct a sound wall for the residences that parallel the train tracks in order to
alleviate the noise from the tracks to meet the City standard for exterior spaces. The top of the
proposed sound wall is required to be 7.5' above finished pad grade. In addition, the northeastern edge
of the property has an existing five to eight foot topographic depression resulting in a reverse drainage
pattern for that portion of the site.
The proposed incentive would allow for a combined retaining wall and sound wall up to 12 feet in the
northeastern portion of the site where the topographic depression is located. The remainder of the
eastern boundary would contain a combined sound wall and retaining wall that is approximately 7.5-9.5'
in height varying based on pad grade. The proposed wall would have frosted or transparent glass for the
top 3' of the wall helping reduce the effect ofthe height.
The proposed incentive would result in an identifiable and actual cost reduction to the project that
would allow for the project to be constructed as proposed with the affordable units as proposed. The
top of the sound wall is required to be 7.5' from pad. The alternative method to accomplish the wall
height is to create a graded mound and place a 6' wall on top of the mound. The interior yards would
then contain a retaining wall off-set from the sound wall that retains the mounding. In effect, the same
amount of wall is constructed, but there are additional costs related to grading. wall construction, and
drainage in order to accomplish the required height ofthe sound wall. The incentive would allow for the
elimination of dirt import and additional grading resulting in an identifiable and actual cost reduction to
the project. The cost reduction is equivalent in value to a 2 bedroom unit affordable to an individual at
60% of Area Media Income. The usage of the incentive will allow for rents for targeted units to be set as
provided under state law.
The proposed incentive would not: (i)have an adverse impact upon public heath and safety, (ii)have an
adverse impact on a historical resource, or (iii)violate state or local law.
Waivers:
Setbacks: {a) Reduction of front yard setback to 8 feet where the required setback is 20 feet/10 feet with
conditions and (b) reduction of side yard setback to 4 feet where the required setback is 10 feet/5 feet
with conditions ..
Front Yard Setback-The required front yard setback is 20 feet pursuant to CMC 21.24.040. A setback of
10 feet is allowed if the front yard is landscaped. The proposed setback is 8 feet and includes a
landscaped front yard. The project fronts a non-contiguous sidewalk which contains a 10 foot walk/bike
path and then a 2.5 foot landscape planter. With a 8 foot setback from the lot line, the effective setback
is 20 feet from the street. If the required setback of 20 feet was provided the site would be reduced by
an additional 3,672 sf (306' Frontage x 12ft {20ft-8ft)). Compliance with this development standard
would physically preclude construction of the project. Specifically, given the unique shape and
configuration of the site, compliance with this setback requirement result in the reduction of up to 9
units or over 10% of the project.
Side Yard Setback-The required side yard setback is 10 feet pursuant to CMC 21.24.050. A setback of 5
feet is allowed if the side yard is landscaped. The proposed setback is 4 feet and includes a landscaped
side yard. The project fronts a non-contiguous sidewalk which contains a 10 foot walk/bike path and
then a 2.5 foot landscape planter. With a 4 foot setback from the lot line, the effective setback is 16 feet
from the street. If the required setback of 10 feet was provided the site would be reduced by 3,354 sf
(559' Frontage x 6ft (10ft-4ft)). Compliance with this development standard would physically preclude
construction of the project. Specifically, given the presence of an easement for a natural gas line,
compliance with this setback requirement would result in the reduction of up to 7 units or 9% of the
project.
Neither of the proposed setback waivers would: (i)have an adverse impact upon public heath and safety,
(ii)have an adverse impact on a historical resource, or (iii)violate state or local law.
Waiver of the City's development/engineering standard requiring implementation of infiltration prior to
implementation of biofiltration BMPs
The San Diego Region is governed by the San Diego Regional Water Quality Control Board Municipal
Separate Storm Sewer Systems (MS4) Permit. As required by the permit, a Best Management Practices
(BMP) Design Manual was created by the copermittees. The waiver requested is the elimination of the
requirement to implement infiltration before biofiltration BMPs, which is found in Section 2.2.2.3 of the
City of Carlsbad BMP Design Manual. With the waiver granted, the project would be consistent with the
requirements of the MS4 permit, which guides all development in the San Diego Region.
Application of the City's development/engineering standard regarding priority for BMP implementation
would physically preclude construction of the project. Requiring the implementation of infiltration
would result in the creation of an over 6,000sf basin at the low point of the development site. The size
and location of the required basin would preclude construction of at least 5 units or 5.8% ofthe
proposed 86 unit project.
The proposed waiver would not: (i)have an adverse impact upon public heath and safety, (ii)have an
adverse impact on a historical resource, or (iii)violate state or local law.
Requests:
Density Bonus Parking Standards
In accordance with Government Code Section 65915(p)(1) the following parking standards apply:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: one and one-half onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
C
The summary of the project's proposed parking is below.
Unit Size # of Units Maximum Parking Total Spaces Parking Provided Total Spaces Provided Required Required
2 Bdrm 8 1.5 12 2
3 Bdrm 40 1.5 60 2
4 Bdrm 38 2.5 95 2.5
Total 167
Tandem Parking
In accordance with Government Code Section 65915(p)(5) and CMC 21.86.090(G)(4) the project will
include 8 tandem garages for a total of 16 of the 191 spaces as tandem parking ..
16
80
95
191
•
Wall Comparison Cost Analysis
Stepped Sound Wall
CMU Retaining Wall (includes footings) 1372.5 sf $ 65.75 $ 90,241.88
Perimeter Sound Wall with Glass 854 If $ 155.00 $ 132,370.00
Sound Wall Pilasters 10 ea $ 1,200.00 $ 12,000.00
Import trucking (dirt) 1000 cy $ 12.90 $ 12,900.00
Place and compact import material 1000 cy $ 7.42 $ 7,420.00
Finish grade pads and contour areas 5000 sf $ 0.16 $ 800.00
Landscaping & Irrigation 1 Allowance $ 150,000.00 $ 150,000.00
Subtotal $ 405,731.88
Overhead* 25% $ 101,432.97
Total $ 507,164.84
Combined Sound Wall (Requested Incentive
CMU Retaining Wall (includes footings) 0 sf $ 65.75 $ -
Combined Retaining-Sound Wall with
Glass 854 If $ 170.00 $ 145,180.00
Sound Wall Pilasters 10 ea $ 1,200.00 $ 12,000.00
Import trucking (dirt) 0 cy $ 12.90 $ -
Place and compact import material 0 cy $ 7.42 $ -
Finish grade pads and contour areas 0 sf $ 0.16 $ -
Landscaping & Irrigation 1 Allowance $ 125,000.00 $ 125,000.00
Subtotal $ 282,180.00
Overhead* 25% $ 70,545.00
Total $ 352,725.00
*Overhead includes General Conditions, General Requirements, Design, Insurance, GC Fee etc.
Wall Cost Savings= $154,439
Gross Rent (2 Bedroom at 60% AMI) $1,757 Yearly Income $17,496
(Less) Expenses (30%) $5,248
Space Heating $32 Annual NOi $12,247
Cooking $11 Market Cap 6.5%
Other Electric $64 Unit Value $188,418
Water Heating $43
Water $81
Sewer $57
Range/Micro $5
Refrigerator $6
Total $299
Net Rent $1,458.00
{cicyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
Ii] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
Ii] The development project and any alternatives proposed in this application~ contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name: Same as Property Owner Name: H.G. Fenton Property Company
Address: ______________ _ Address: 7577 Mission Valley Road
Phone Number: ____________ _ Phone Number: 619-400-0120
Address of Site: 7200, 7290, 7294 Ponto Drive
Local Agency (City and County): City of Carlsbad, County of San Diego
Assessor's book, page, and parcel number: 214-160-25-00; 214-160-28-00; 214-171-11-00
specify list(s): *Not Located on List, but subject to APCD for Asbestos
Regulatory Identification Number: ______________________ _
Date of List: _____________________________ _
A:MIJ pp 1cant 1gnature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 02/13
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ?\?,; l 1 1 :'2,o'Z. -Z.. (To be completed by City)
Application Number(s): 5t)P 'lef1/J, --o:o3{C.n? 2.b'2,.'2..--00'2..3
General Information
1_ Name of project: Self-Storage and Junkyard Redevelopment
2. Name of developer or project sponsor: _H_._G_. _F_e_n_t_o_n ___________ _
3.
Address: 7577 Mission Valley Road
City, State, Zip Code: San Diego, CA 92108
Phone Number: 619-400-1034
Name of person to be contacted concerning this project: _R_y_l_e_y_W_e_b_b ______ _
Address: Same as above
City, State, Zip Code: ______________________ _
Phone Number: ________________________ _
4. Address of Project: 7200, 7290-7294 Ponto Drive
Assessor's Parcel Number: 214-160-25-00; 214-160-28-00; 214-171-11-00
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
N/A
6. Existing General Plan Land Use Designation: R-1 SNC-Q; R-15
7. Existing zoning district: RD-M-Q/C-T; RD-M-Q
8. Existing land use(s): Self-Storage, Junkyard, Vacant
9. Proposed use of site (Project for which this form is filed): Multi-family Residential
Project Description
10. Site size: _4_-_6_4 ________________________ _
11.
12:
13.
14.
P-1(0)
Proposed Building square footage: _1_5_4_,_9_6_5 _______________ _
Number of floors of construction: _3 __________________ _
Amount of off-street parking provided: _1_9_1 ________________ _
Associated projects: _N_/_A _____________________ _
Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: 86 Units ----------
16.
17.
18.
19.
P-1(0)
T1 (8)-2/2 1, 1 00sf; T2 (8)-3/2.5 1627sf; T3 (8)-4/3 1,803sf
R1 (18)-3/2.51,782SF; R2 (11)-4/3.51,866sf; R3 (1)-4/3.5 2,309sf
F1 (14 )-3/3.5 1,981 sf; F2 (18)-4/3.5 2,000sf
If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _N_tA __________________ _
If industrial, indicate type, estimated employment per shift, and loading facilities: _N_/_A ___ _
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _N_tA ______ _
If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: _N_tA _________________ _
Page 3 of 4 Revised 07/10
._)
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or □ 0
roads.
22. Change in pattern, scale or character of general area of project. □ 0
23. Significant amounts of solid waste or litter. □ 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. □ 0
27. Site on filled land or on slope of 1 0 percent or more. □ 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0
31. Relationship to a larger project or series of projects. □ 0
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledg~ a1 belief.
Date: ~/2/ioii, Signature: -~~~(/~y-________ _
For:
P-1(0) Page 4 of 4 Revised 07/10
--------------,, ____________ _ I
('cicyof
Carlsbad
... TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (760) ~?,4610.
Applicant Signature: --~-~~~~----------------
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
Development Services
Planning Division
1635 Faraday Avenue
760-602 -4610
www.carlsbadca.gov
PURPOSE
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
{"Cityof
Carlsbad
In July 2020, the City of Ca rlsbad adopted an amended Climate Action Plan (CAP) that outlines actions that
the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions
reductions. This checklist contains measures that are required to be implemented on a project-by-project
basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are
achieved. Implementation of these measures will ensure that new development is consistent with the
CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG)
reduction targets; In this manner, a project's incremental contribution to a cumulative GHG emissions
effect may be determined not to be cumulatively considerable if it complies with the requirements of the
CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b).
This checklist is intended to assist project applicants in identifying CAP ordinance requirements and
demonstrate how their project fulfills those requirements. This checklist is to be completed and included
in applicatic;>ns for new development projects that are subject to discretionary review or require a building
permit.
APPLICATION SUBMITTAL REQUIREMENTS
• The completed checklist must be included in the project submittal package or building permit
application. Application submittal procedures can be found on the City of Carlsbad website. This
checklist is designed to assist the applicant in identifying the minimum CA.P-related requirements
specific-to their-project. However, it-may be necessary to supplement the completed checklist-with
supporting materials, calculations or certifications, to demonstrate full compliance with CAP
requirements. For example, projects that propose or require a performance approach to comply
with energy-related measures will need to attach to this checklist separate calculations and
documentation as specified by the ordinances.
• If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum
required by ordinance, an explanation must be provided to the satisfaction of the Planning Division
or building official.
• The requirements in the checklist will be included in the project's conditions of approval or issuance
of building permit.
• Details on CAP ordinance requirements are available on the city's website.
P-30 Page 1 of 7 Revised 07/20
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 1: LAND USE CONSISTENCY
The first step in determining CAP consistency for discretionary development is to assess the project's consistency
with the growth projections used in the development of the CAP. This section allows the city to determine a
project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the
CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric
tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the
environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may
result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance
with the CAP ordinance requirements identified in Step 2 of this checklist.
STEP 1 Land Use Consistency
Checklist Item
(Check the appropriate box and provide an explanation and supporting documentation for your answE:r)
A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a
land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less
GHG-intensive project when compared to the existing designations?
Yes No
□
If ''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and
proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the
Climate Action Plan.
If "No", proceed to Question B.
B. The CAP established a screening threshold of 900 MTC02e/year for new development projects to assist in determining
-consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP-
screening threshold. Will the proposed land use change result in the construction of less than any one of the following?
• Single-Family Housing: 50 dwelling units
• Multi-Family Housing: 70 dwelling units
• Office: 35,000 square feet
• Retail Store: 11,000 square feet
• Grocery Store: 6,300 square feet
• Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to
determine whether it is below the 900 MTC02e/year screening threshold.
If ''Yes", proceed to Step 2 of the checklist.
□
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must repare a Self-developed GHG emissions
reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset
the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section
15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed
and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist.
P-30 Page 2 of 7 Revised 07/20
.. ,.
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate
consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply
to development projects that require a building permit. All other development projects shall implement all
emissions-related mitigation measures from the General Plan Update EIR.
Project No./Name:
Property
Address/APN:
Applicant Name/Co.:
Applicant Address:
Contact Phone:
Application Information
;2tLj -ll/-ll-Db
,;2.60,729o ,'12C,L/ 9onf-o DR... 2,l'-/--/lQ.6-2.5-60, '214-fu()-2,g -oo •
l:± C1 -f(f) I-on i)R.o.,p~ Gomp~
Contact Email:
Contact information of person completing this checklist (if different than above):
Name:
Company
name/address: 7577 H..s2101-1 Y'~ ~-
3t:-V\ D~ 6 J (A c;.Z jl:, s
Contact Phone:
Contact Email:
Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If
your project includes alterations or additions to an existing bui lding, please contact the Carlsbad Building Division for
assistance in estimating building permit valuation; by phone at 760-602-2719 or by email at building@caFls0a0Ga.gov,
Estimated Building Permit Valuation (BPV): $ __________ _
Construction Type Complete Section(s) Notes:
D Residential
□ Alterations:
D BPV ~ $60,000
D BPV ~ $60,000
□ Electrical service pan el upgrade
□ BPV ~ $200,000
New construction
□ Alterations:
P-30
lA
lA and 4A
4A
lA and 4A
Page 3 of7
All residential alterations
1-2 family dwellings and townhouses with attached
garages only
Multi-family dwellings only where interior finishes are
removed and significant site work and upgrades to
structural and mechanical, electrical, and/or plumbing
systems are proposed
Revised 07/20
City of C~rlsbad Climate Action Plan Consistency Checklist
□ BPV <". $200,000 or additions<". lB, 5 1,000 square feet
□ BPV <". $1,000,000 lB, 2B and 5 Building alterations of<". 75% existing gross floor area
□ <". 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BP\/<". $200,000
CAP Ordinance Compliance
Checklist Item
Check the appropriate boxes, explain all not applicable and exception items, and provide suppor~ing calculations and documentation as
necessary.
1. Energy Efficiency
Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen} for more information when completing this section.
A. D Residential addition or alteration~ $60,000 building permit valuation. "(7P N/ A m L.LU::L-f''Vl'}-\,0-;J , r?/lij> ~
See Ord. CS-347, Section 8. D Exception: Home energy score~ 7
Year Built Single-family Requirements
D Before 1978 Select one:
D Duct sealing D Attic insulation D Cool roof
D 1978 and later Select one:
D Lighting package D Water heating package
D Between 1978 and 1990
□-19n and later .. -. .. ..
B. D Nonresidential* new construction or alterations ~ $200,000 building permit valuation,
or additions~ 1,000 square feet.
See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3.
AS.203.1.1.1
□ Outdoor lighting: .90 Allowed Outdoor Lighting Power
AS.203.1.1.2
□ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended}
AS.203.1.2.1
Choose one as applicable: □ .95 Energy budget D .90 Energy budget
AS.211.1. **
□ On-site renewable energy
AS.211.3**
□ Green power (if offered by local utility provider, 50% minimum renewable sources}
AS.212.1
□ Elevators and escalators
AS.213.1
□ Steel framing
P-30 Page 4 of 7
{attach certification}
Multi-family Requirements
D Attic insulation
Select cine:
D Attic insulation D Duct Sealing D Cool roof
Select one:
□ Lighting package □ Water heating package·
D N/A _________ _
□ N/A
□ N/A
□ N/A
D N/A
□ N/A
□ N/A
Revised 07/20
·•.
City of Carlsbad Climate Action Plan Consistency Checklist
□ N/A
* Includes hotels/motels and high-rise residential buildings
** For alterations 2: $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California
Energy Code section 120.10 instead.
Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for
requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by
.3kWdc if PV offset option is selected.
Floor Plan ID (use additional CFA #d.u. Calculated kWdc*
sheets if necessary)
Total System Size:
kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.)
*Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type
If proposed system size is less than calculated size, please explain.
Exception
□
□
□
□
kWdc
B. D Nonresidential new construction or alterations 2:$1,000,000 BPVand affecting 2:75% existing floor area, or addition that increases roof area by 2:2,000
· -· ·1cji.fare'feet. Please refer to·ca·rlsbad Orairtance·cs-347, Section 6 when completing thWsection.
Choose one of the following methods:
□ Gross Floor Area (GFA) Method
GFA:
□ If< 10,000s.f. Enter: 5 kWdc
Min. System Size: ___ kWdc
□ If 2: 10,000s.f. calculate: 15 kWdc x (GFA/10,000} **
**Round building size factor to nearest tenth, and round system size to nearest whole number.
□ Time-Dependent Valuation Method
Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc
*** Attach calculation documentation using modeling software approved by the California Energy Commission.
P-30 Page 5 of7 Revised 07/20
City of Carlsbad Climate Action Plan Consistency Checklist
A. Residential and hotel/motel new construction
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
g For systems serving individual dwelling units choose one:
□ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential
only)
~Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise
residential hotel/motel) or 150.l(c) 14 (for low-rise residential)
□ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification
□ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors
□ Exception:
□ For systems serving multiple dwelling units, install a central water-heating system with all of the following:
□ Gas or propane water heating system
□ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
□ Solar water heating system that is either:
□ .60 solar savings fraction or 40 s.f. solar collectors
□ .40 solar savings fraction, plus drain water heat recovery
□ Exception:
B. D Nonresidential new construction
Please refer to Carlsbad Ordinance CS-347 when completing this section .
. □ Water heating sysfem derives at least 40% of its energy from one of the following (attach documentation):
□ Solar-thermal □ Photovoltaics □ Recovered energy
□ Water heating system is (choose one):
□ Heat pump water heater
□ Electric resistance water heater(s)
□ Solar water heating system with .40 solar savings fraction
□ Exception:
4. Electric Vehicle Charging
A. 12'.J' Residential New construction and major alterations*
Please refer to Carlsbad Ordinance CS-349 when completing this section.
~One and two-family residential dwelling or townhouse with attached garage:
l&one EVSE ready parking space required □ Exception : .
□ Multisfamily residential: □ Exception :
Total Parking Spaces EVSE Spaces
Proposed Capable I Ready
I
Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed= Total EVSE Spaces x .SO (rounded up to nearest whole number)
EVSE other= Total EVSE spaces -EVSE Installed
(EVSE other may be "Capable," "Ready" or "Installed.")
P-30 Page 6 of 7
I
I
Installed I Total
I
Revised 07/20
City of Carlsbad Climate Action Plan Consistency Checklist
*Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ~ $60,000 or
include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit
valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems
are proposed.
B. D Nonresidential new construction (includes hotels/motels) D Exception :
Total Parking Spaces EVSE Spaces
Proposed Capable Ready Installed Total
Calculation: Refer to the table below:
Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces
D 0-9 1 1
D 10-25 2 1
D 26-50 4 2
D 51-75 6 3
D 76-100 9 5
D 101-150 12 6
D 151-200 17 9
D 201 and over 10 percent of total 50 percent of Required EV Spaces
5. Transportation Demand Management (TDM}
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADTTable.
Use GFA Employee ADT /1,000 S.F. Total Employee ADT
-------• ---·-·•------.... ---·---·-• ------------------· --·
Total
If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required.
*NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic
to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of Carlsbad Land Development
Engineering (LDE) staff to determine whether this policy applies to your project.
TDM plan required: Yes □ No □
LDE Staff Verification: □ _____ (staff initials)
P-30 Page 7 of 7 Revised 07/20
Jrste\Nart Frank Green
Title Officer
Order No.
Title Unit No.
PRELIMINARY REPORT
22000480125
48
Stewart Title Guaranty Compan
Commercial Services (San Die£
7676 Hazard Center Drive, Ste
San Diego, CA 92108
(619) 398-8035 Phone
(6 19) 615-2389 Fax
fg reen@stewart.com
Your File No.
Buyer/Borrower Name
Seller Name H.G. Fenton Company and H.G. Fenton Development
Property Address: 7200 Ponto Drive , Carlsbad, CA 92011
7294 Ponto Drive, Carlsbad , CA 92011
7290 Ponto Drive, Carlsbad , CA 92011
In response to the above referenced application for a Policy of Title Insurance, Stewart Title Guaranty
Company Commercial Services (San Diego) hereby reports that it is prepared to issue, or cause to be
issued, as of the date hereof, a Stewart Title Guaranty Company 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 referenced to as an Exception
on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy
or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain
coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available
from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of
matters, which are not covered under the terms of the title insurance policy and should be carefully
considered.
It is important to note that this preliminary report is not a written representation as to the condition of title
and may not list all liens, defects, and encumbrances affecting title to the land.
This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating
the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested .
Dated as of February 04 , 2022 at 7:30 a.m.
When replying, please contact: Frank Green, Title Officer
File No.: 22000480125
Prelim Report COM
APR O 7 2022
CIT ( u,-1...,r\i 1...0BAD
PLAI\INl1 1G OIVISIC. ·
Page 1 of 10
r
IF ANY DECLARATION, GOVERNING DOCUMENT (FOR EXAMPlE, COVENANT,
CONDITION OR RESTRICTION) OR DEED IDENTIFIED AND/OR LINKED IN THIS
TITLE PRODUCT CONTAINS ANY RESTRICTION BASED ON AGE, RACE COLOR,
RELIGION, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUAL
ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, VETERAN OR
MILITARY STATUS, GENETIC INFORMATION, NATIONAL ORIGIN, SOURCE OF
INCOME AS DEFINED IN SUBDIVION (p) OF SECTION 12955, OR ANCESTRY, THAT
RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID,
AND MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT
CODE BY SUMITTING A "RESTRICTIVE COVENANT MODIFICATION" FORM,
TOGETHER WITH A COPY OF THE ATTACHED DOCUMENT WITH THE UNLAWFUL
PROVISION REDACTED TO THE COUNTY RECORDER'S OFFICE. THE "RESTRICTIVE
COVENANT MODIFICATION" FORM CAN BE OBTAINED FROM THE COUNTY
RECORDER'S OFFICE AND MAY BE AVAILABLE ON ITS WEBSITE. THE FORM MAY
ALSO BE AVAILABLE FROM THE PARTY THAT PROVIDED YOU WITH THIS
DOCUMENT. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE
AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS
SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS.
File No.: 22000480125
Prelim Report COM
Page 2 of 10
PRELIMINARY REPORT
The form of Policy of Title Insurance contemplated by this report is:
~ Standard Coverage Owner's Policy
□ Extended Coverage Owner's Policy
□ CLTA/ALTA Homeowner's Policy
□ Standard Coverage Loan Policy
~ Extended Coverage Loan Policy
□ Short Form Residential Loan Policy
□
SCHEDULE A
The estate or interest in the land hereinafter described or referred to covered by this report is:
Fee
Title to said estate or interest at the date hereof is vested in:
H.G. Fenton Property Company, A California Corporation, and H.G. Fenton Development Company, LLC,
a California limited liability company
File No.: 22000480125
Prelim Report COM
Page 3 of 10
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Diego, City of
Carlsbad and described as follows:
PARCEL 1:
Parcel "B" as shown on Parcel Map No. 4383 in the City of Carlsbad, County of San Diego, State of
California, filed in the office of the County recorder of San Diego County, January 14, 1976.
PARCEL 2:
That parcel of land, situated within a portion of the South half of Southwest quarter of Section 28 and
within a portion of the South two-thirds of Lot 4 Southeast quarter of Southeast quarter-of Section 29,
Township 12 South, Range 4 West, San Bernardino Meridian, according to Official Plat thereof, in the
County of San Diego, State of California, and more particularly described as a whole as follows:
Beginning at the corner common to Sections 28, 29 32 and 33 in said Township and Range, thence along
the Southerly line of said Section 28 North 89° 59' 20" East 250 feet, more or less, to the Southwesterly
corner of that strip of land 200 feet wide, described in Deed to the Atchison Topeka and Santa Fe Railway
Company, recorded March 30, 1946 as Instrument No. 34729, in Book 2059, Page(s) 466 of Official
Records; thence along the Southwesterly line of said 200 foot strip of land North 21° 08' 18" West 856.60
feet, more or less, to the Northeasterly boundary of the 200 foot right of way of the Atchison Topeka and
Santa Fe Railway Company formerly California Southern Railroad Company, as said right of way was
granted by Act of Congress and as shown on original right of way map thereof approved by the
Department of the Interior, United States of America, on May 12, 1881; thence along said railway
boundary South 4° 40' 18" East to the Southerly line of said Section 29; thence along said Southerly
section line South 89° 49' East to the point of beginning.
PARCEL 3:
All that portion of the South two-thirds of Lot 4 (Southeast quarter of the Southeast quarter) of Section 29,
Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego. State of
California, according to the United State Government Survey approved October 25, 1875, described as
follows:
Beginning at the intersection of the South line of said Section 29, with the Westerly line of the abandoned
portion of the Atchison, Topeka and Santa Fe Railway Company's (formerly the California Railway
Company) right of way across the South two-thirds of said Lot 4, said point being distant along said
Southerly line North 89°49' West 209.69 feet from the Southeast corner of said Section 29; thence along
the Westerly line of said abandoned railroad right of way, North 4°40'18" West to the Northerly line of
said
South two-thirds of Lot 4, being the South line of land conveyed to Herbert J. Estes by Deed recorded
December 3, 1936 in Book 600, Page 65 of Official Records; thence retracing South 4°40'18" East a
distance of 600.00 feet to the true point of beginning: thence continuing South 4°40'18" East 159.19 feet;
thence South 15°17' East, 188.48 feet to the North line of the South 40.00 feet of said Lot 4; thence along
said North line South 89° 49' East 162.60 feet to the Easterly line of said abandoned right of way; thence
along said Easterly line North 4°40' 18" West 343.26 feet to a point bearing South 89°40'18" East 200.00
feet from the true point of beginning; thence North 89°40'18" West 200.00 feet to the true point of
beginning.
APN: 214-160-28-00 214-160-11-00 214-160-24-00
File No.: 22000480125
Prelim Report COM
Page 4 of 10
APN: 214-160-28, 214-171-11-00, and 214-160-25-00
(End of Legal Description)
.. -
THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY
AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON.
FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL
SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR
INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY
OF THE MAP.
File No.: 22000480125
Prelim Report COM
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SCHEDULE 8
At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions
contained in said policy or policies would be as follows:
Taxes:
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. General and special city and/or county taxes, including any personal property taxes, and any
assessments collected with taxes, for the fiscal year 2021 -2022:
1st Installment: $406.57
Status 1st: Paid
2nd Installment: $406.57
Status 2nd: Open
Parcel No.: 214-160-28-00
Code Area/Tracer No.: 09023
C. General and special city and/or county taxes, including any personal property taxes, and any
assessments collected with taxes, for the fiscal year 2021 -2022:
1st Installment: $5,237.62
Status 1st: Paid
2nd Installment: $5,237.62
Status 2nd: Open
Parcel No.: 214-160-25-00
Code Area/Tracer No.: 09023
D. General and special city and/or county taxes, including any personal property taxes, and any
assessments collected with taxes, for the fiscal year 2021 -2022:
1st Installment: $1,388.77
Status 1st: Paid
2nd Installment: $1,388.77
Status 2nd: Open
Parcel No.: 214-171-11-00
Code Area/Tracer No.: 09172
E. Taxes and/or assessments affecting the Land, if any, for community facility districts, including
Mello Roos, which may exist by virtue of assessment maps or filed notices. These taxes and/or
assessments are typically collected with the county taxes; however, sometimes they're removed
and assessed and collected separately.
F. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the revenue and taxation code of the State of California.
Exceptions:
The Following Matters Affect Parcel 1:
1. Water rights, claims or title to water in, on or under the Land, whether or not shown by the public
records.
2. Ownership of, or rights to, minerals or other substances, subsurface and surface, of whatsoever
kind, including, but not limited to coal, ores, metals, lignite, oil, gas, geothermal resources, brine,
uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land,
together with all rights, privileges, and immunities relating thereto, whether the ownership or rights
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arise by lease, grant, exception, conveyance, reservation or otherwise, and whether or not
appearing in the public records or listed in Schedule B. Stewart Title Guaranty Company and its
issuing agent make no representation as to the present ownership of any such interests. There
may be leases, grants, exceptions, or reservations of interests that are not listed.
3. Any interests (including rights of the public) in and to any portion of the Land lying within roads,
streets, alleys or highways.
4. Easement and rights incidental thereto for gas pipes to Southern Counties Gas Company of
California, as set forth in a document recorded September 21, 1946 in Book 2239, Page 239 of
Official Records.
5. Easement(s) or right(s) of way for the purpose(s) shown below and rights incidental thereto, as
granted and/or reserved in various deeds of record:
Purpose: ingress ad egress, pipelines, drainage and/or public utilities and incidental purposes
thereto over, under, along and across the easement parcel(s) herein described.
Affects: Parcels 2, 3 and 4.
6. The rights of others to use Parcel 2 herein described as granted in Deed recorded March 3, 1961
as file No. 38987 as granted and/or reserved in various instruments of record.
7. Easement and rights incidental thereto for railroad spur and utility, as set forth in a document
recorded July 29, 1963 as Instrument No. 131939 of Official Records.
8. Matters contained in document entitled "Future Improvement Agreement" by and between the City
of Carlsbad and Eugene C. Chappee and Margaret M. Chappee recorded January 22, 1974 as
Instrument No. 74-016912 of Official Records.
9. Matters contained in document entitled "Contract For Future Public Improvements" by and
between the City of Carlsbad and Eugene C. Chappee and Margaret M. Chap pee recorded
January 12, 1976 as Instrument No. 76-008588 of Official Records.
10. Easements and rights of way for ingress and egress and utilities affecting the easement parcel(s)
described in the legal description as conveyed and reserved by various deeds of record.
The Following Matters Affect Parcel 2:
11. Water rights, claims or title to water in, on or under the Land, whether or not shown by the public
records.
12. Ownership of, or rights to, minerals or other substances, subsurface and surface, of whatsoever
kind, including, but not limited to coal, ores, metals, lignite, oil, gas, geothermal resources, brine,
uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land,
together with all rights, privileges, and immunities relating thereto, whether the ownership or rights
arise by lease, grant, exception, conveyance, reservation or otherwise, and whether or not
appearing in the public records or listed in Schedule B. Stewart Title Guaranty Company and its
issuing agent make no representation as to the present ownership of any such interests. There
may be leases, grants, exceptions, or reservations of interests that are not listed.
13. Matters contained in Map No. 682 of Records of Survey.
14. Easement and rights incidental thereto for public utilities easement to Southern California
Telephone Company, as set forth in a document recorded February 26, 1942, in Book 1318, Page
~. of Official Records.
15. Easement and rights incidental thereto for gas pipes and mains for purposes of conveying gas to
Southern Counties Gas Company of California, as set forth in a document recorded September
21, 1946, in Book 2239. Page 239 of Official Records.
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16. Easement and rights incidental thereto for public utilities easement to San Diego Gas & Electric
Company, as set forth in a document recorded October 22, 1962 as Instrument No. 181231 of
Official Records.
The Following Matters Affect Parcel 3:
17. Water rights, claims or title to water in, on or under the Land, whether or not shown by the public
records.
18. Ownership of, or rights to, minerals or other substances, subsurface and surface, of whatsoever
kind, including, but not limited to coal, ores, metals, lignite, oil, gas, geothermal resources, brine,
uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land,
together with all rights, privileges, and immunities relating thereto, whether the ownership or rights
arise by lease, grant, exception, conveyance, reservation or otherwise, and whether or not
appearing in the public records or listed in Schedule 8. Stewart Title Guaranty Company and its
issuing agent make no representation as to the present ownership of any such interests. There
may be leases, grants, exceptions, or reservations of interests that are not listed.
19. Easements and rights of way for ingress and egress and utilities affecting the easement parcel(s)
described in the legal description as conveyed and reserved by various deeds of record.
20. Easement and rights incidental thereto for public utilities easement to Southern California
Telephone Company, as set forth in a document recorded February 26, 1!342, in Book 1318, Page
159, of Official Records.
The Following Matters Affect All Parcels:
21. Any facts, rights, interests or claims which would be disclosed by an inspection of the Land.
22. Rights of tenants in possession whether or not recorded in the public records.
(End of Exceptions)
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NOTES AND REQUIREMENTS
A. The only conveyance(s) recorded in the county in which the Land is located, within 24 months of
the date of this Preliminary Report, is(are) as follows: Karen Schreiber, Trustee of the Dale L.
Schreiber and Donna E. Schreiber Revocable Trust dated December 3, 1985, as Granter and
H.G. Fenton Property Company, A California Corporation and H.G. Fenton Development
Company, LLC, a California limited liability company, as Grantee, recorded December 20, 2021 as
Instrument No. 2021-0854875 of Official Records.
Deborah Moreno and Denise Anderson, Successor Trustees of the Chappee Family Trust B dated
January 31, 1989, as Granter, H.G. Fenton Property Company, A California Corporation, as
Grantee, recorded January 11, 2022 as Instrument No. 2022-0014994, of Official Records.
There are no items in this preliminary report that will cause Stewart Title Guaranty Company to
decline to attach the CLTA Endorsement Form 100.2-06 (or a similar ALTA 9 equivalent) to an
ALTA Loan Policy, when issued.
B. There are no items in this preliminary report that will cause Stewart Title Guaranty Company to
decline to attach the CLTA Endorsement Form 116.01-06 (or similar ALTA22-06 equivalent),
indicating that there is located a Commercial Building, known as 7200 Ponto Drive, Carlsbad, CA
92011, 7294 Ponto Drive, Carlsbad, CA 92011, and 7290 Ponto Drive, Carlsbad, CA 92011.
C. In order to insure a conveyance, acquisition or encumbrance by the corporation or unincorporated
association named below you must provide the following:
Entity: H.G. Fenton Property Company, A California Corporation
a. A copy of the corporation By-Laws or Articles.
b. An original or certified copy of the Resolution authorizing the subject transaction.
c. If the By-Laws or Articles require approval by a "parent" organization, a copy of that entities' By-
laws or Articles.
d. If an unincorporated association, a statement pursuant to applicable law (such as California
Corporation Code Section 20002).
Additional requirements or items may be requested upon review of the required documents set
forth above.
D. In order to insure a conveyance, acquisition or encumbrance by the limited liability company
named below, you must provide the following:
Limited liability company: H.G. Fenton Development Company, LLC, a California limited liability
company
a. A certified copy of the articles of organization (Form LLC-1 ), and any filed amendment (Form
LLC-2) or restatement (Form LLC-10), if applicable.
b. A copy of the operating agreement and any amendments.
Additional requirements or items may be requested upon review of the required documents set
forth above.
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CALIFORNIA "GOOD FUNDS" LAW
California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds
by title companies. The law requires that funds be deposited in the title company escrow account and
available for withdrawal prior to disbursement. Funds received by Stewart Title Guaranty Company
Commercial Services (San Diego) via wire transfer may be disbursed upon receipt. Funds received via
cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day
after the day of deposit. If funds are received by any other means, recording and/or disbursement may
be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received
will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a
financial institution selected by Stewart Title Guaranty Company Commercial Services (San Diego).
Stewart Title Guaranty Company Commercial Services (San Diego) may receive certain direct or indirect
benefits from the financial institution by reason of the deposit of such funds or the maintenance of such
accounts with the financial institution, and Stewart Title Guaranty Company Commercial Services (San
Diego) shall have no obligation to account to the depositing party in any manner for the value of, or to pay
to such party, any benefit received by Stewart Title Guaranty Company Commercial Services (San Diego)
Such benefits shall be deemed additional compensation to Stewart Title Guaranty Company
Commercial Services (San Diego) for its services in connection with the escrow or sub-escrow.
If any check submitted is dishonored upon presentation for payment, you are authorized to notify all
principals and/or their respective agents of such nonpayment.
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