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HomeMy WebLinkAboutCDP 14-01; Tabata 10; Coastal Development Permit (CDP)V CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carisbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits I l^^oastal Development Permit (*) | [Minor I I Conditional Use Permit (*) I |Mlnor j jExtenslon I I Day Care (Large) Environmental Impact Assessment {FOR DEPT. USE ONLY) LealslaOye Permits (FOR DEPT. USE ONLY) Habitat Management Permit Hillside Development Permit (*) Minor Minor Nonconforming Construction Permit Planned Development Permit | ^inor I [Residential [ [Non-Residential Planning Commission Determination Site Development Plan | [Minor [ [^/j^pecial Use Permit I I Tentative Parcel Map (Minor Sutxiivision) Tentative Tract Map (Major Subdivision) Variance [ | Minor [ [General Plan Amendment I llocal Coastai Program Amendment (*) Master Plan Specific Pian Zone Change (*) Zone Code Amendment Amendment Amendment South Carlsbad Coastal Review Area Pennits Review Permit Administrative [ ^inor j [Major Villaae Review Area Permits Review Permit \dministrative [ [Minor j [Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMrTTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION MUST BE SUBMnTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: <Q-Q^Q ^ 3 Z g/yj ZlZ-O^O - 3^ PROJECT NAME: BRIEF DESCRIPTION OF PROJECT:' /2 ej/d^ ^'oi/ CV^^i^r,;^ CD^.^/Si^'^^ QI BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: ON THE: ( STREETADDRESS ' BETWEEN (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) SIDE OF AND (NAME OF STREET) (NAME OF STREET) p-1 Page 1 of 6 Revised 12/13 OWNBR NAME (Print): MAILING ADOPESS: ^iV^ ^HJ? CITY, STATE ZIP: ^kAijli ^ HZO\^~ Tas^ONE C^iq TO ^HSZ EMAIL ADDRESS: 9o^e>|.0oj^ ^^^^i • CO»n APPLICANT NAME MAILING CITY, STATE, ZIP TELEPHONE: ADDRESS: ^5 kCskcrSr^SQ- ^TC -710. r\lJr/-i W-l~\ r> J EMAIL ADDRESS: • mo ^H^ - 34M- Riol 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE fit40l CORRECT TO THE BEST OF MY ±21 DATE 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. SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): ^^^QKC^SI^ ' t\ (ZQ(tQAl\ MAILING ADDRESS: .'>)5^2) (^IJLAU\M •^^ CITY. STATE, ZIP: So<0 T^\(Lcp , Cfi Q\1IQ'^ TELEPHONE: EMAIL ADDRESS: robcQrma ig> OCX- (\gjb I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND BESIPPWY KNOWLEDGE. 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. l/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TrfLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE L^ND AND BIND ANY SUgbgfeSQRS IN INTEREST M FOR CITY USE ONLY RECEIVED JAN 2 h im CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 12/13 City of Carlsbad Faraday Center Faraday Cashiering 001 1402401-1 01/24/2014 149 Fri, Jan 24, 2014 02:09 PM Receipt Ref Nbr: Rl402401-1/0034 PERMITS - PERMITS Tran Ref Nbr: 140240101 0034 0034 Trans/Rcp^#; R0Q9g468 SET #; COP 14001 .Amount: 1 S $2,524.25 Item Subtotal: $2,524.25 Item Total: $2,624.25 PERMITS - PERMITS Tran Ref Nbr: 140240101 0034 0035 Trans/Rcpt#; R0099459 SET #; SUP14001 Amount: 1 i $3,913.68 Item Subtotal; $3,913,58 Item Total; $3,913.58 ITEM(S) TOTAL; $6,537.93 •:sck (Chk# 00489667) $5,537,93 lotal Received; $6,537.93 Have a nice dayi ^:**t**********Cycj[j[.|(:p COPY*********:;:*** City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: LENNAR HOMES OF CA Description SUP14001 2311 CAMINO HILLS DR CBAD Amount 3,913.68 Receipt Number: R0099469 Transaction Date: 01/24/2014 Transaction ID: R0099469 Pay Type Method Description Amount Payment Check 489667 3,913.68 Transaction Amount: 3,913.68 city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 Applicant: LENNAR HOMES OF CA Description CDP14001 2311 CAMINO HILLS DR CBAD Amount 2,624.25 Receipt Number: ROO99468 Transaction Date: 01/24/2014 Transaction ID: R0099468 Pay Type Method Description Amount Payment Check 489667 2,624.25 Transaction Amount: 2,624.25 A DISCLOSURE Development Services A STATEMENT Planning Division CITY OF P-1 (A) 1635 Faraday Avenue nADl CDAn P-1 (A) (760) 602-4610 www.carisbadca.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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) r Person S(kt>i p.! p wvxJ,/" Corp/Part U ^ b'RI-wJ oj Co\i'~p^^ Title fliO^ ^ iitiWL^^I Title Address Address "Cv^^W^iy^. l^i'ib \/,ijo (A 2. OWNER (Not the owner's agent) 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% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person l^Sk^ "Tu C t-^ Corp/Part r {-^)rUS I -jd Title Jg^vin^ O^nch^- ((\\fV\mUr.r\'^ fltle^"^ Hihu U fi Address i^^J^^S^^ 3'^^ Address 7^ FnV^|9n^^ JH 30Q p-1 (A) Pagel of 2 Revised 07/10 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 ProfifTrust__jvj>^I Non Profit/Trust Title Title Address Address 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? 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. Si^atur^ of owner/date Sign^ltfrepf applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 Lennar Homes Officers and Directors Richard Beckwitt Stuart A. Miller Bruce E. Gross Jonathan M. Jaffe Diane J. Bessette Mark Sustana David M. Collins Sidney Lapidus Irving Bolotin Steven L. Gerard President Chief Executive Officer, Director Chief Financial Officer, Vice President Chief Operating Officer, Vice President Vice President, Treasurer Secretary, General Counsel Controller Lead Independent Director Independent Director Independent Director Tabata 10 - Project Description This project consists of 26 single-family lots and one open-space lot on a 10.3 acre property, located at the NE end of Camino Hills Dr. and the West side of El Camino Real. (APN: 212-050-32-00 and 212-050-33-00) We are proposing 26 one and two story wood framed single-family homes with no common amenities. (Please see matrix attached with plan mix). The open space lot includes a bio-retention basin and sound attenuation berm topped with a 4ft wall, which will be fully landscaped. The project fully complies with Policy 44 and Policy 66 - the architectural set includes side notes showing compliance with each item. A Consistency Determination (CD 13-10) has been approved in September of 2013. We are hereby applying for a Special Use Permit (SUP) and Coastal Development Permit (CDP). Sincerely, Roberta Correia Project Manager TIME LIMITS ON ^ Development Services %^ DISCRETIONARY planning Division ^ CITY OF DDO IPr^TQ 1635 Faraday Avenue CARLSBAD Pi7Ei ''ZT''" ^1 r-I^C; www.carlsbadca.gov PLEASE NOTE: 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 ofthe 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) 602-4610. Applicant Signature: Staff Signature: [^y{/l^jfj^ Date: /^^^/2x^/V To be stapled with receipt to the application P-1(E) Page lofl Revised 07/10 • ^ Tabata 10 CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Pennanent Stomi Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view ttie SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.qov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (sutxiivision, discretionary pemiits and/or constmction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the stonn water standards applied to a project Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incon-ectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result In the return ofthe development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please sfart by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. ..STEPl • TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a priority development project, please answer the following questions: YES NO 1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? X 2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? X If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark tlie last box stating "my project does not meet PDP requirements" and compiete applicant information. If you answered "no" to both questions, then go to Step 2. E-34 Page lof 3 Effective 6/27/13 Tabata 10 CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carisbadca.gov STEP 2 TO BE COiWPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a priority development project, please answer the following questions: YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. X 2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. X 3. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? yA restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshmenf stands selling prepared foods and drinks for immediate consumption. X 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of Impervious surface collectively over the entire project site and supports a hillside development project? A hillside development project includes development on any natural slope that is twenty-five percent or greater X 5. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot. A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. X 6. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. X 7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of Impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingles with flows from adjacent lands).* X 8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. X 9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. X 10. Is your project a new or redevelopment project that results in the disturiDance of one or more acres of land and are expected to generate pollutants post construction? X Ills your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surfaoe or (2) increases impervious surface on the property by more than 10%? X If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such as source control and low Impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with your applicatlon(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this questionnaire, check the "my project meets PDP requirements" box and compiete applicant information. If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all development projects. A Storm Water Management Plan (SWMP) is not required with your appllcation(s) for development. Go to step 4 at tlie end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant information. E-34 Page 2 of 3 Effective 6/27/13 Tabata 10 \^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carisbadca.gov STEP 3 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPEMENT PROJECTS ONLY Complete the questions below regarding your redevelopment project: YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? X If you answered "yes," Ihe structural BMP's required for Priority Development Projects apply only to the creation or replacement of impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no," the stmctural BMP's required for Priority Development Projecis apply to the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant lnfomr>ation. STEP 4 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION (31 My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per Ihe SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at lime of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. • My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, 1 will incorporate low impact development strategies throughout my project. Applicant Information and Signaiure Box Addrsss' SE CORNER CAMINO HILLS DRIVE & EL CAMINO REAL Applicant Name: Accessor's Parcel Number(s): 212-050-32 and 212-050-33 Applicant Title: f I • - Date: This Box for City Use Only City Concurrence: YES NO By: Date: Project ID: * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan forthe San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their quivalent under the Multi Species Conservation Program wilhin the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. E-34 Page 3 of 3 Effective 6/27/13 ^DEVERICH & GiLLMAN MEMORANDUM TO: Mr. David Steam CC: Adam J. Gillman, Esq. FROM: Chris D. Downs CPB) FILE: Lennar/Tabata DATE: August 29,2013 RE: Title Review Introduction Lennar Homes of Califomia, Inc. ("Lennar") and Nobom Tabata and Evelyn Tabata, Co- Tmstees of the Tabata Family Tmst udt 1/14/1983, and Monaliza Ayala Quintero, as Tmstee of the Monaliza Ayala Quintero Tmst dated April 23,2012 (collectively, "Seller"), are parties to that certain Purchase and Sale Agreement and Joint Escrow Instmctions, dated July 20,2013 ("PSA"), for the real property ("Property") described in the Commitment for Title Insurance prepared by First American Title Insurance Company ("Title Companv") for Order No. NCS- 468558-SD, amended August 28,2013 (the "Title Commitment"). A copy ofthe Title Commitment is attached as Exhibit "A" to this memorandum. This memorandum briefly summarizes the title exceptions listed in the Title Cormnitment ("Exceptions") and certain other related matters. Each numbered paragraph corresponds to the same numbered Exception in the Title Commitment. As you know, our review was limited by the fact that we have not received a survey ofthe Property or a plotting of the Exceptions. Executive Summary Based on our review of the Title Commitment, the following items may present an issue or require further due diligence: Exception Nos. 4 and 10 (pipeline easement) because of the easement's location, blanket access rights and use restrictions; Exception Nos. 5 and 12 (road and utility easement) because of the potential difficulty with obtaining quitclaim deeds if necessary; Exception Nos. 7 and 14 (private road easement) because the easement's location is not confirmed; Exception No. 9 (SDG&E easement) because the easement's location is not confirmed and the easement imposes numerous use restrictions within the easement area; Exception No. 16 (exclusive use easement) because Lennar will not have any use of the easement area; Exception No. 18 (inter-spousal deed required); and items that may be disclosed by a survey (including property line issues, access issues, gaps in sliver parcel ownership, etc.). Lennar/Tabata/Title.mem. 1 Exceptions A. Taxes for Fiscal Year 2013-2014. This Exception reflects general and special taxes for the fiscal year 2013-2014, a lien not yet due or payable. Real property taxes will be prorated between Lennar and Seller pursuant to Section 10 of the PSA. 1&2. Taxes for Fiscal Year 2012-2013. These Exceptions reflect paid general and special taxes for the fiscal year 2012-2013. 3. Supplemental Taxes. This Exception reflects a lien for future supplemental taxes resulting fi-om a change in ownership or constmction occurring on or after the date of the policy. 4. Pipeline Easement (Document No. 111781). This Exception reflects a 1962 easement in favor of the Carlsbad Municipal Water District ("Water District") for constmcting, maintaining and using pipelines and related fixtures for any purpose together with a blanket access easement across the Property. According to Parcel Map 2481 filed on March 21, 1974 ("Parcel Map 2481"), the easement area is a twenty foot (20') 'wide strip miming along the Property's north/northwestem boundary and bisecting the Property's north/northwestem comer (other documents show the easement area bisecting the Property's northeast comer). This Exception gives the Water District a right to clear the easement area of any stractures or vegetation and erect gates. This Exception will prohibit Lennar from (a) placing any stmcture or vegetation within the easement area, (b) granting any other easements within the easement area and (c) changing the Property's grade without the Water District's consent. Lennar's engineers should locate the easement area to determine whether it will impact Leimar's development plans and, if so, obtain the necessary quitclaim deed. 5. Road and UtiUty Easement (Document No. 211501). This Exception reflects a 1971 road and utility easement in favor of all land owners contiguous to the easement area ("Mutual Road Easement") and allows easement holders to dedicate their portion of the easement for public street and highway purposes. According to Parcel Map 2481, the easement area appears to be a forty foot (40') wide strip of land ruiming along the Property's entire northem/northwestem boundary. The easement agreement states that the easement area follows a historical road that has been used for nearly 100 years. Because of the length of use and the multiple easement holders it may be very difficult for Lennar to obtain quitclaim deeds if the easement interferes with Lennar's development plans. In addition to confirming its location, Lennar's engineers should confinn whether this Exception reflects the easement parcel listed in the Title Commitment. 6. Intentionally Deleted. 7. Private Road Easement (Instrument No. 74-088589). This Exception reflects a 1974 road and utility easement reserved to Seller's predecessor in interest. Lennar's engineers should locate the easement area to determine whether it will impact Lennar's development plans and, if so, obtain the necessary quitclaim deeds. Lemiar/Tabata/Title.mem. 1 8. Public Highway Easement (Instrument No. 84-384021). This Exception reflects a 1984 irrevocable offer of dedication to the County of San Diego ("County") for a public highway. Nothing of record indicates the County has accepted this offer of dedication which, as discussed below, could pose a risk for Lennar if and when the highway is used by the public. The offer of dedication also grants the County a right to extend drainage stmctures and excavation and embankment slopes beyond the easement area. As a subsequent Property owner, Lennar will be deemed to waive any and all claims for damages related to the highway's constmction, location, use, etc. Lennar's engineers should locate the easement area to determine whether it will impact Leimar's development plans. 9. SDG&E Easement (Book No. 2988, Page 337). This Exception reflects a 1948 easement in favor of San Diego Gas and Electric ("SDG&E"). The copy we received from the Title Company is almost entirely imreadable. Based on typical SDG&E easements, however, Lennar should expect SDG&E to have both above and below ground easement rights to constmct, maintain and use electrical lines and related fixtures together with blanket access rights across the Property and the right to prohibit stmctures, vegetation and grade changes within the easement area. Lennar's engineers should locate the easement area to determine whether it will impact Lennar's development plans and, if so, obtain the necessary quitclaim deed. 10. Pipeline Easement (Document No. 111781). This is the same Exception discussed above as Exception No. 4. 11. Drainage, Excavation and Embankment Easement (Document No. 198734). This Exception reflects a 1969 easement in favor of the County for the right to extend drainage stmctures, excavation and embankment slopes along (and presumably adjacent to) a public highway. As a Property owner, Lennar will be deemed to waive any and all claims for damages related to the highway's constmction, location or use. Lennar's engineers should locate the easement area to determine whether it will impact Lennar's development plans and, if so, obtain the necessary quitclaim deed. 12. Road and Utility Easement (Document No. 211501). This is the same document discussed above as Exception No. 5. 13. El Camino Real Street Widening (Parcel Map 2481). This Exception reflects an easement for the "limit of the proposed street widening" as shown on Parcel Map 2481. 14. Private Road Easement (Instrument No. 74-088589). This is the same document discussed above as Exception No. 7. 15. Public Highway Easement (Instrument No. 84-384018). This is the same form of irrevocable offer of dedication discussed for Exception No. 8 above and the same analysis applies here. 16. Exclusive Use Easement (Document No. 85-023357). The Exception reflects a 1985 exclusive easement granted to PRL Properties Management, Inc. for fifty years. The easement grants PRL Properties the exclusive right to use, occupy and enjoy the easement area for any Lennar/Tabata/Title.mem. 1 lawful purpose. This means Lennar will be precluded from any use of the easement area. This type of exclusive use easement may violate the Subdivision Map Act as it effectively conveys "fee" type ownership in a parcel of land without complying with the subdivision map act. The last time we researched this issue the case law allowed exclusive easements in some cases £ind denied them in others. Please let us know if you want us to research this issue further. In any event, Lennar's engineers should locate the easement area to determine whether it will impact Lennar's development plans and, if so, obtain the necessary quitclaim deed. 17. Public Highway Easement (Instrument No. 85-033902). This is the same form of irrevocable offer of dedication discussed for Exception No. 8 above and the same analysis applies here. 18. Interspousal Deed Required. This Exception reflects Title Company's requirement that Monaliza Ayala Quintero's ("Quintero") spouse record a deed conveying to Quintero any interest in the Property (whether community or separate property) Quintero's spouse may have. Other Titie Related Matters a. Fee Ownership in Adjoining Streets. As discussed above, there have been several offers of dedication for public highways but no recorded acceptances. From a strictly legal standpoint, the dedication is not complete and no public road easement exists until the County unconditionally accepts the dedication. From a practical standpoint, however, municipalities routinely delay formally accepting dedications yet operate as if they have been accepted and a court may conclude the dedication was accepted by implication if, among other things, the owner acquiesces to public use. To be safe, Lennar should have the County confirm finai acceptance of the easement when the improvements are complete. The timing of the County's imconditional acceptance ofthe highway dedications is important because when Lennar buys the Property, Lennar will actually also own the underlying fee of the dedicated highway areas. The County is not legally responsible for maintaining the highway until the County unconditionally accepts the highway dedication and accepts the highway into the County's street system. So, if an accident happens on the portion of dedicated highway owned by Lennar in fee before the County has become responsible for maintenance, Lennar could have exposure. Although it is difficult to quantify this risk, it nevertheless underscores the importance of encouraging the County to complete the acceptance process sooner rather than later. Lennar may also want to consider conveying the highway's fee interest to the Coimty in connection with subdividing the Property. b. Survey. When Lennar obtains its survey. Title Company will create a new title exception for any items disclosed by the Survey. In addition to the survey exceptions, Lennar will need to review the survey in detail to confirm it is consistent with Lennar's development plans for the Property. c. Property Line Issue. Lennar has indicated that prior surveys show the boundaries of Parcel Map 2481 do not match the boundaries of prior legal descriptions for the Property. This means that, potentially, a third party owns slivers of land between the Property and the adjoining Lennar/Tabata/Title.mem. 1 land, including any public roads. Third party ownership in these sliver parcels may mean that Lennar needs easements from such third parties over those sliver parcels in order to access public streets. Lennar's engineers will need to confirm whether any such sliver parcels or gaps in ownership exist. General Endorsements In addition to the endorsements referenced above, Lennar should consider requesting the following endorsements, depending on cost: (a) an ALTA 9.1 (current covenant violations); (b) a CLTA 101.4 (Mechanic's lien); (c) a CLTA 103.11 (Public Access); (d) CLTA 110.1 (deleting arbitration); (e) ALTA 8.2 (environmental lien coverage); (f) a CLTA 116.1 endorsement modified for an owner's policy (Survey); (g) a CLTA 116.4 endorsement modified for an owner's policy (contiguity); (h) a CLTA 116.7 (Subdivision Map Act compliance); (i) ALTA 18.1 (multiple tax parcels and easement protection against delinquent taxes); and (j) FA Special (electronically issued policy). Lennar/Tabata/Title.mem. 1 Exhibit "A" Title Commitment Form No. 1068-2 ALTA Plain Language Commitment |tment No.: NCS-468558-SD Number: 1 Amended August 28, 2013 First American Title Insurance Company National Commercial Services 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 August 28, 2013 Greg Harrington The Real Estaters 1003 Vista Way Oceanside, CA 92056 Phone: (760)754-1900 Customer Reference: Tabata 10 Title Officer: Phone: Vince Tocco/ Linda Slavik (858)410-3886 Order Number: NCS-468558-SD Escrow Officer: Phone: Email: Meg K. Kilfoil (858)410-3888 mkilfoil(g)fi rstam.com Property: , Carlsbad, CA Attached please find the following item(s): Commitment Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! First American Title Insurance Company Form No. 1068-2 C(j|^tment No.: NCS-468558-SD ALTA Plain Language Commitmen^^ rage Number: 2 First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Page Agreement to Issue Policy 3 Schedule A 1. Commitment Date 4 2. Policies to be Issued, Amounts and Proposed Insured 4 3. Interest in the Land and Owner 4 4. Description of the Land 4 Schedule B-l - Requirements Schedule B-2 - Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. Form No. 1068-2 Ccj^ttment No.: NCS-468558-SD ALTA Plain Language Commltmen^^ Number: 3 COMMITMENT FOR TTTLE INSURANCE Issued by First American Title Insurance Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-l. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. Form No. 1068-2 C(^itment No.: NCS-468558-SD ALTA Plain Language Commitmen^^ ^W|e Number: 4 SCHEDULE A 1. Commitment Date: August 9, 2013 at 7:30 A.M. 2. Policy or Policies to be issued: Amount (A) ALTA Owner's Policy $6,250,000.00 Proposed Insured: Lennar Homes of California, Inc., a California corporation (B) ALTA Loan Policy $0.00 Proposed Insured: 3. (A) The estate or interest in the land described in this Commitment is: Fee Simple (B) Title to said estate or interest at the date hereof is vested in: Noboru and Evelyn Tabata, Co-Trustees of the Tabata Family Trust U.D.T dated January 14, 1983, as to an undivided fifty percent (50%) interest and Monaliza Ayala Quintero, Trustee of The Monaliza Ayala Quintero Revocable Trust, dated April 23, 2012 as to an undivided fifty percent (50%) interest as tenants in common, as to Parcel A and Noboru Tabata and Evelyn Tabata, Co-Trustees or their successors in interest pursuant to The Tabata Family Trust executed January 14,1983, as to an undivided one-half interest and Monaliza Ayala Quintero, Trustee of The Monaliza Ayala Quintero Revocable Trust, dated April 23, 2012, as to an undivided one-half interest, as to Parcel B 4. The land referred to in this Commitment is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PARCEL A: PARCEL 2 OF PARCEL MAP NO. 2481, IN THE CTTY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21, 1974 AS INSTRUMENT NO. 74-071006 OF OFFICIAL RECORDS. PARCEL Al: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES, TOGETHER WTTH THE RIGHT TO CONVEY THE SAME TO OTHERS, OVER, ALONG AND ACROSS A STRIP OF LAND 40.00 FEET IN WIDTH LYING WTTHIN LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, RLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SMD 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP NO. 823, THENCE SOUTH 25° 01' 05" EAST (RECORD - SOUTH 24° 45' 00" EAST) A DISTANCE OF 229.00 FEET TO A Form No. 1068-2 O^Mtment No.: NCS-468558-SD ALTA Plain Language Commitmen^^ Number: 5 POINT WHICH IS DESIGNATED ON SAID MAP NO. 823 AS POINT 23 OF SAID LOT "F" WHICH POINT IS THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED FROM CHARLES KELLY AND LAVINIA I. KELLY TO ELMER L. CARPENTER RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75, AS INSTRUMENT NO. 26791 OF OFFICIAL RECORDS, SAID CARPENTER'S LAND BEING NOW THE PROPERTY OF ROBERT E. HICKS AND INIS M. HICKS, HUSBAND AND WIFE BY DEED TO THEM RECORDED JULY 22, 1948 AS INSTRUMENT NO. 24654 (TORRENS), FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE WESTERLY AND NORTHWESTERLY BOUNDARY LINES OF SAID CARPENTER'S (HICKS') LAND AS FOLLOWS: SOUTH 11° 51" 12" WEST, 315.60 FEET TO AN ANGLE POINT; AND SOUTH 42° 55" 37" WEST, 374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID HICKS' PROPERTY, SOUTH 54° 10' 08" EAST A DISTANCE OF 2.14 FEET TO THE CENTER LINE OF THE WATER LINE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED JULY 2, 1962 AS INSTRUMENT NO. 111781 OF OFFICIAL RECORDS AND KNOWN AS LINE "D" OF THE C.M.W.D; THENCE ON AND ALONG THE CENTER UNE OF SAID LINE "D" OF THE C.M.W.D AND ON AND ALONG THE NORTHWESTERLY BOUNDARY LINES OF LANDS DESCRIBED AS PARCELS 1 AND 2 IN DEED TO JOHN ALLEN ASSOCIATES, A LIMTTED PARTNERSHIP, RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO. 236220 OF OFFICIAL RECORDS SOUTH 42° 38' 52" WEST (C.M.W.D DEED - SOUTH 42° 23' 32" WEST, AND JOHN ALLEN ASSOCIATES DEED - SOUTH 42° 24' 42" WEST), A DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 600.00 FEET, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 269.80 FEET TO A POINT IN SAID CURVE, THENCE TANGENT TO SAID CURVE, SOUTH 16° 38' 52' WEST, 386.15 FEET TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO JAMES A. DYE AND MARILYNN E. DYE, HUSBAND AND WIFE, RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO. 236219 OF OFFICIAL RECORDS; THENCE ON AND ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID DYE PROPERTY AND CONTINUING ON THE SAME LINE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF LAND ALLOTTED TO BARBARA J. HIGDON AND DESCRIBED AS PARCEL 2 IN DECREE OF PARTTTION, SAN DIEGO COUNTY SUPERIOR COURT, CASE NO. 263205, A COPY OF WHICH WAS RECORDED MARCH 24, 1965 AS INSTRUMENT NO. 52516 OF OFFICIAL RECORDS, AND CONTINUING ON THE SAME LINE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF PARCEL 2 OF THE AFOREMENTIONED DEED TO JOHN ALLEN ASSOCIATES RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO. 236220 OF OFFICIAL RECORDS, SOUTH 52° 32' 21" EAST, A TOTAL DISTANCE ALONG SAID LINE OF 1214.69 FEET, TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 2 OF JOHN ALLEN ASSOCIATES' LAND, WHICH CORNER IS THE MOST SOUTHERLY TERMINUS OF THE CENTER LINE OF THE EASEMENT AND RIGHT OF WAY DESCRIBED HEREBY, EXCEPTTNG FROM SAID EASEMENT AND RIGHT OF WAY, ABOVE DESCRIBED, THAT PORTTON WITHIN PARCEL A HEREIN ABOVE DESCRIBED. PARCEL B: PARCEL 1 OF PARCEL MAP NO. 2481, IN THE CTTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PAGE 2481 OF PARCEL MAPS, RLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21, 1974 AS INSTRUMENT NO. 74- 071006 OF OFFICIAL RECORDS. PARCEL Bl: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES, TOGETHER WTTH THE RIGHT TO CONVEY THE SAME TO OTHERS, OVER, ALONG AND ACROSS A STRIP OF LAND 40.00 FEET IN WIDTH LYING WTTHIN LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, RLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP NO. 823, THENCE SOUTH 25° 01' 05" EAST (RECORD - SOUTH 24° 45" 00" EAST), A DISTANCE OF 229.00 FEET TO A POINT WHICH IS DESIGNATED ON SAID MAP NO. 823 AS POINT 23 OF SAID LOT "F" WHICH Form No. 1068-2 Oj^jtment No.: NCS-468558-SD ALTA Plain Language Commitmen^^ ^^e Number: 6 POINT IS THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED FROM CHARLES KELLY AND LAVINIA I. KELLEY TO ELMER L. CARPENTER, RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75 AS INSTRUMENT NO. 26781 OF OFFICIAL RECORDS, SAID CARPENTER'S LAND BEING NOW THE PROPERTY OF ROBERT E. HICKS AND INIS M. HICKS, HUSBAND AND WIFE, BY DEED TO THEM RECORDED JULY 22, 1948 AS INSTRUMENT NO. 24654 (TORRENS), FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY AND NORTHWESTERLY BOUNDARY LINES OF SAID CARPENTERS' (HICKS') LAND AS FOLLOWS: SOUTH 11° 51' 12" WEST 315.60 FEET TO AN ANGLE POINT, AND SOUTH 42° 55' 37" WEST 374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID HICKS' PROPERTY, SOUTH 54° 10' 08" EAST A DISTANCE OF 2.14 FEET TO THE CENTER LINE OF THE WATER LINE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED JULY 2, 1962 AS INSTRUMENT NO. 111781 OF OFFICIAL RECORDS AND KNOWN AS LINE "D" OFTHE C.M.W.D.; THENCE ON AND ALONG THE CENTER LINE OF SAID LINE "D" OF THE C.M.W.D. AND ON AND ALONG THE NORTHWESTERLY BOUNDARY LINES OF LAND DESCRIBED AS PARCELS 1 AND 2 IN DEED TO JOHN ALLEN ASSOCIATES, A LIMTTED PARTNERSHIP, RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO. 236220 OF OFFICIAL RECORDS, SOUTH 42° 38' 52" WEST, (C.M.W.F - DEED - SOUTH 42° 23' 32" WEST AND JOHN ALLEN ASSOCIATES DEED - SOUTH 42° 24' 42" WEST), A DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 269.80 FEET TO A POINT IN SAID CURVE; THENCE TANGENT TO SAID CURVE SOUTH 16° 38' 52" WEST, 386.15 FEET TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO JAMES A. DYE AND MARILYNN E. DYE, HUSBAND AND WIFE, RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO. 236219 OF OFFIQAL RECORDS; THENCE ON AND ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID DYE PROPERTY AND CONTINUING ON THE SAME LINE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF LAND ALLOTTED TO BARBARA J. HIGDON AND DESCRIBED AS PARCEL 2 IN DECREE OF PARTTHON, SAN DIEGO COUNTY SUPERIOR COURT, CASE NO. 263205, A COPY OF WHICH WAS RECORDED MARCH 24, 1965 AS INSTRUMENT NO. 52516 OF OFRCIAL RECORDS, AND CONTINUING ON THE SAME LINE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF PARCEL 2 OF THE AFOREMENTIONED DEED TO JOHN ALLEN ASSOCIATES, RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO. 236220 OF OFRCIAL RECORDS, SOLTTH 52° 32" 21", A TOTAL DISTANCE ALONG SAID LINE OF 1214.69 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 2 OF JOHN ALLEN ASSOCIATES' LAND, WHICH CORNER IS THE MOST SOUTHERLY TERMINUS OF THE CENTER LINE OF THE EASEMENT AND RIGHT OF WAY DESCRIBED HEREBY. EXCEPTING FROM SAID EASEMENT AND RIGHT OF WAY, ABOVE DESCRIBED, THAT PORTION THEREOF LYING WTTHIN PARCEL B HEREIN ABOVE DESCRIBED. APN: 212-050-32-00 and 212-050-33-00 Fomi No. 1068-2 ^jk Cc^«:ment No.: NCS-468558-SD ALTA Plain Language Commitments^ n^e Number: 7 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): None (F) Other: None (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: The following additional requirements, as indicated by "X", must be met: [X] (H) Provide information regarding any off-record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form (as provided by company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [X] (I) An ALTA/ACSM survey of recent date, which complies with the current minimum standard detail requirements for ALTA/ACSM land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [] (J) The following LLC documentation is required: (i) a copy of the Articles of Organization (ii) a copy of the Operating Agreement, if applicable (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction Form No. 1068-2 Co^tment No.: NCS-468558-SD ALTA Plain Language Commitments^ ^^e Number: 8 [] (K) The following partnership documentation is required : (i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [] (L) The following corporation documentation is required: (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction [] (M) Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [] (N) A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [] (0) Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. [] (P) Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [] (Q) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. [] (R) The Company's "Indemnity Agreement I" must be executed by the appropriate parties. [] (S) Financial statements from the appropriate parties must be submitted to the Company for review. [] (T) A copy of the construction contract must be submitted to the Company for review. [] (U) An inspection of the land must be performed by the Company for verification of the phase of construction. Form No. 1068-2 Cc^fcfment No.: NCS-468558-SD ALTA Plain Language Commitments^ ^^e Number: 9 SCHEDULE B SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. A, General and special taxes and assessments for the fiscal year 2013-2014, a lien not yet due or payable. 1. Supplemental taxes for the fiscal year 2012-2013 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $142.14, PAID Penalty: $0.00 Second Installment: $142.14, PAID Penalty: $0.00 Tax Rate Area: 09162 A. P. No.: 819-509-81-21 2. Supplemental taxes for the fiscal year 2012-2013 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $2,576.53, PAID Penalty: $0.00 Second Installment: $2,576.53, PAID Penalty: $0.00 Tax Rate Area: 09162 A. P. No.: 819-499-42-41 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code; assessed as a result of a change in ownership or teh completion of construction occurring on or after the date of the policy. The Following Matters Affect Parcel A Form No. 1068-2 j^A Con^bnent No.: NCS-468558-SD ALTA Plain Language Commitments^ Number: 10 4. An easement for pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances, together with the right of ingress thereto and egress therefrom, recorded July 2, 1962 as Instrument No. 111781 of Official Records. In Favor of: Carisbad Municipal Water District Affects: The centerline of said easement or right of way is particularly described as foliows: Beginning at the point of intersection of the center line tangents to the curve lying between Station 134 plus 90.61 and Station 132 plus 6.45 of San Diego County Road "El Camino Real" as shown on Road Survey No. 682 on file in the Office of the County Surveyor of San Diego County, thence South 54° 11' 18" East (Record South 54° 44' East) 132.53 feet to the true point of beginning, thence South 40° 23" 32" West 750.00 feet 5. The easement(s) contained in the document entitled "Mutual Easement Deed Agreement" recorded September 17, 1971 as Instrument No. 211501 of Official Records. 6. This item has been intentionally deleted. 7. An easement for ingress and egress for road purposes, recorded April 9, 1974 as Instrument No. 74-88589 of Official Records. In Favor of: Robert E. Hicks and Inis M. Hicks Affects: The Westerly 20 feet 8. An offer of dedication of an easement for public right of way purposes and incidental purposes, recorded October 10, 1984 as Instrument No. 84-384021 of Official Records. To: The County of San Diego The Following Matters Affect Parcel B 9. An easement for public utilities, recorded October 20, 1948 in Book 2988, Page 337 of Official Records. In Favor of: San Diego Gas and Electric Company Affects: The land 10. An easement for pipe line or pipe lines, recorded July 2, 1962 as Instrument No. 111781 of Official Records. In Favor of: Carisbad Municipal Water District Affects: The land 11. An easement for drainage, excavation, embankment slopes, recorded October 29, 1969 as Instrument No. 198734 of Official Records. In Favor of: County of San Diego Affects: The land 12. The easement(s) contained in the document entitled "Agreement Regarding the Mutual Grant of an Easement and Right of Way Over a Portion of Said Land and Other Lands" recorded September 17, 1971 as Instrument No. 211501 of Official Records. 13. An easement shown or dedicated on Parcel Map No. 2481 as referred to in the legal description For: Limit of proposed street widening and incidental purposes. Form No. 1068-2 |^ Coij|fcnent No.: NCS-468558-SD ALTA Plain Language Commitments^ Number: 11 14. An easement and right of way for ingress and egress for road purposes and public utilities as reserved by instrument recorded April 9, 1974 as File No. 74-088589 of Official Records. 15. An offer of dedication of an easement for public right of way and incidental purposes, recorded October 10, 1984 as Instrument No. 84-384018 of Official Records. To: The County of San Diego 16. The easement(s) contained in the document entitled "Agreement Regarding Grant of Easement" recorded January 23, 1985 as Instrument No. 85-023357 of Official Records. 17. An offer of dedication of an easement for public right of way, recorded January 31, 1985 as Instrument No. 85-033902 of Official Records. To: The County of San Diego Said instrument also grants the privilege and right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance thereof. Said document further recites: 'The Grantor further understands that the present intention of the Grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the Grantor, for himself, his successors and assigns, hereby waives any claims for any and all damages to Grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway." 18. A deed from the spouse of Monaliza Ayala Quintero be recorded in the public records, or the joinder of the spouse named herein on any conveyance, encumbrance or lease to be executed by the vestee. The deed should contain the following statement: "It is the express intent of the grantor, being the spouse of the grantee, to convey all right, title and interest of the grantor, community or otherwise, in and to the herein described property to the grantee as his/her sole and separate property." Form No. 1068-2 Jj^ CoJkment No.: NCS-468558-SD ALTA Plain Language Commitments^ ^^e Number: 12 INFORMATIONAL NOTES The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow fiie piease contact your Escrow Officer. ***** Form No. 1068-2 Con^|nent No.: NCS-468558-SD ALTA Plain Language Commitments^ Number: 13 ENDORSEMENT Attached to Policy No. Issued by First American Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: a. Present violations on the Land of any enforceable covenants, conditions, or restrictions. b. Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the Land that, in addition, (i) establishes an easement on the Land, (ii) provides for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant, or (iii) provides a right of reentry, possibility of reverter, or right of forfeiture tjecause of violations on the Land of any enforceable covenants, conditions, or restrictions. c. Any encroachment onto the Land of existing improvements located on adjoining land. d. Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. 2. Damage to buildings constructed on the Land after Date of Policy resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule B. Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions, or limitations contained in an instrument creating a lease. As used in paragraph l.a., the words "covenants, conditions, or restrictions" do not include any covenants, conditions, or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Endorsement 9.1-05 (Restrictions, Encroachments, Minerals- Owner's Policy - Unimproved Land) Adopted 6/17/06 Fomn No. 1068-2 Con^tonent No.: NCS-468558-SD ALTA Plain Language Commitments^ Number: 14 ENDORSEMENT Attached to Policy No. Issued by First American Titie Insurance Company The Company insures against loss or damage sustained by the Insured by reason of an environmental protection lien that, at Date of Policy, is recorded in the Public Records or filed in the records of the clerk of the United States district court for the district in which the Land is located, unless the environmental protection lien is set forth as an exception in Schedule B. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. American Land Title /Association Endorsement 8.2-06 (Commercial Environmental Protection Lien) Adopted 10/16/08 Form No. 1068-2 Co||fctment No.: NCS-468558-SD ALTA Plain Language Commitments^ ^Be Number: 15 ENDORSEMENT Attached to Policy No. Issued by First American Titie Insurance Company The Company insures against loss or damage sustained by the Insured by reason of: 1. those portions of the Land identified below not being assessed for real estate taxes under the listed tax identification numbers or those tax identification numbers including any additional land: Parcel: Tax Identification Numbers: 1 212-050-33-00 2 212-050-32-00 2. the easements, if any, described in Schedule A being cut off or disturbed by the nonpayment of real estate taxes, assessments or other charges imposed on the servient estate by a governmental authority. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. American Land Title /tesoclation Endorsement 18.1-06 (Multiple Tax Parcel) Adopted 6/17/06 Form No. 1068-2 i ALTA Plain Language Commitment Con^tn* ientNo.:NCS-468558-SD Number: 16 First American ACCESS AND ENTRY ENDORSEMENT Issued By First American Titie Insurance Company Attached to Policy No.: File No.: NCS-468558-SD The Company insures against loss or damage sustained by the Insured if, at Date of Policy: (i) the Land does not abut and have both actual vehicular and pedestrian access to and from El Camino Real (the "Street"), (ii) the Street is not physically open and publicly maintained, or (iii) the Insured has no right to use existing curb cuts or entries along that portion of the Street abutting the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Date: First American Title Insurance Company 7^ / i/ Dennis j. Gifmore President Timothy Kemp Secretary By: Authorized Countersignature iForm 50-10730 (8-1-09) |Page 16 of CLTA 103.11-06 Access and Entry (6-17-06)1 Form No. 1068-2 M ALTA Plain Language Commitment :a^l tment No.: NCS-468558-SD le Number: 17 ENDORSEMENT Attached to Policy No. Issued by First American Titie Insurance Company The policy is amended by deleting paragraph 14 of Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. CLTA Form 110.1-06 (03-09-07) ALTA - Owner or Lender Form No. 1068-2 Co^|ment No.: NCS-468558-SD ALTA Plain Language Commitments^ n^e Number: 18 ENDORSEMENT Attached to Policy No. Issued by First American Titie Insurance Company The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of the failure of the Land to be the same as that delineated on the plat of a survey made by on , designated Job No. , a copy of which is attached hereto and made a part hereof. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. CLTA Form 116.1-06 (03-09-07) ALTA - Owner Form No. 1068-2 Cc^fcttment No.: NCS-468558-SD ALTA Plain Language Commitment^^ ^^e Number: 19 ENDORSEMENT Attached to Policy No. Issued by Filst American Titie Insurance Company The Company insures against loss or damage sustained by the Insured by reason of: 1. the failure of Parcels 1 and 2 to be contiguous along their common boundary lines ; or 2. the presence of any gaps, strips, or gores separating the contiguous boundary line described above. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Othenrt/ise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. CLTA Form 116.4.1-06 (06-17-06) ALTA Endorsement Form 19-06 ALTA or CLTA - Owner or Lender Form No. 1068-2 CorJ^pient No.: NCS-468558-SD ALTA Plain Language Commitment Number: 20 ENDORSEMENT Attached to Policy No. Issued by First American Titie Insurance Company The Company insures against loss or damage sustained by reason of the failure of the Land described as Parcel Parcels 1 and 2 in Schedule A to constitute a lawfully created parcel according to the Subdivision Map Act (NRS Chapter 278.320 et seq.) and local ordinances adopted pursuant thereto. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. CLTA Form 116.7-06 (03-09-07) ALTA - Owner or Lender Form No. 1068-2 Cc^fcment No.: NCS-468558-SD ALTA Plain Language Commitmen^^ ^^e Number: 21 F.A. Special Lack of Signatures ENDORSEMENT Attached to Policy No. NCS-468558-SD Issued By First American Title Insurance Company The Company hereby assures the Insured that the Company will not deny liability under the policy or any endorsements issued therewith solely on the grounds that the policy and/or endorsement(s) were issued electronically and/or lack signatures in accordance with Paragraph 15 (c) of the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. First American Title insurance Company Dennis J. Gilmore Timothy Kemp President Secretsry J Mt • «• •«!>; Fomi No. 1068-2 C^^fctment No.: NCS-468558-SD ALTA Plain Language Commitmen^^ ^^e Number: 22 ENDORSEMENT Attached to Policy No. NCS-468558-SD Issued By First American Title Insurance Company The Company hereby insures the insured against loss which the insured shall sustain by reason of any statutory lien for labor or material attaching to the estate or interest referred to in Schedule A arising out of any work of improvement under construction or completed at Date of Policy. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. CLTA Form 101.4 (Revised 9-10-93) CLTA - Owner Form No. 1068-2 4|k CcjJfctment No.: NCS-468558-SD ALTA Plain Language Commitmen^^ ^^e Number; 23 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. Form No. 1068-2 C^Mtment No.: NCS-468558-SD ALTA Plain Language Commitmen^^ ^^e Number: 24 First American Title Privaqf Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concemed about what we will do with such information - particularly any personal or financial information. We agree that you have a right to ioiow how we will utilize the personal information you provide to us. Therefore, together with our sutsidiaries we have adopted this Privacy Policy to govem the use and handling of your personal information. Applicability This Privacy Policy govems our use of the information that you provide to us. It does not govem the manner in which we may use information we have obtained from any other source, such as information obtained from a put>lic record or from another person or entity. First American has also adopted broader guidelines that govem our use of personal information regardless of its source. Rrst American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive ftom a consumer reporting agency. Use of Information We request information from you for our own legitimate tMJsiness purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary fbr us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such Information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any intemal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and tmst and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furtiiermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no kinger our customer, our Privacy Polrcy will continue to afiply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthonzed parties have access to any of your informatkm. We restrict access to nonpublic personal informatkm about you to those indivkluals and entities who need to know that informatton to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Informatkm will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Informatton Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulattons to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporaton is sensitive to privacy issues on the Intemet. We believe it is important you know how we treat the information about you we receive on the Intemet. In general, you can visit First American or its affiliates' Web sites on the Worid Wkle Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop toeas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First Amerkan Financial Corporatton's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practkres employed by ottier sites. cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, whtoh may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you Hme when you are here and to provkle you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our Imsinesses. We only offer products and services that assure a favorable balance tietween consumer benefits and consumer privacy. Public Record We tielieve that an open putilto record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should tiehave responsibly when we use information about a consumer in our txjsiness. We will otiey the laws goveming ttie collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possitile, we will take reasonatile steps to correct inaccurate inforniatton. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that ttie consumer can secure the required corrections. Education We erideavor to educate the users of our products and services, our emptoyees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage otfiers in our industry to collect and use informatton in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Infornnation (2001-2010 First American Financial Corporation) Form No. 1068-2 C^fctment No.: NCS-468558-SD ALTA Plain Language Commitmen^^ ^flge Number: 25 EXHisrrA LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE) 1. CAUFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POUCY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice 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 daims thereof, which are 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. 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) >\ny law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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; (lii) a separation in ownership or a ctiange 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 govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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. 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 tie binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest Insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the Inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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. 2. AMERICAN LAND TTTLE ASSOCIATION OWNER'S POUCY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or govemmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Titie /\ssociation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B Form No. 1068-2 Cij^itment No.: NCS-468558-SD ALTA Plain Language Commitmen^^ ^^e Number: 26 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or titie to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter fumished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such daimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the Insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1970 Wim REGIONAL EXCEPTIONS When the American Land Titie /\ssodation Lenders Policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown In parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or titie to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TTTLE ASSOCIATION LOAN POUCY - 1992 wrm A.L.T.A. ENDORSEMENT FORM 1 COVERAGE 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) /Vny law, ondinance or governmental regulation (induding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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; (ill) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental 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 tieen recorded in the public records at Date of Policy; (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in tiie public records at Date of Policy. Form No. 1068-2 ^|| Q^pitment No.: NCS-468558-SD ALTA Plain Language CommitmeW^ ^roge Number: 27 2. Rights of eminent domain unless notice of the exercise thereof has tieen 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 daimant; (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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or matenal or the extent insurance is afforded herein as to assessments for street improvements under constmction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to Impiart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Titie /tesodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, daims or titie to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY - 1992 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 govemmental regulation (induding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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. 2. Rights of eminent domain unless notice of the exerdse 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) 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 Form No. 1068-2 C^fcitment No.: NCS-468558-SD ALTA Plain Language Commltmen^^ ^rege Number: 28 (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TTTLE ASSOCIATION OWNER'S POUCY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Titie /\ssociation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authonty that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or titie to water. 6. /Vny lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. ALTA RESIDENTIAL TITLE INSURANCE POUCY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Titie Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Titie Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date ~ unless they appeared in the public records (c) that result in no loss to you (d) that first affect your titie after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Titie Risks 4. Failure to pay value for your titie. 5. Lack of a right: (a) to any land outside the area spedfically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Titie Risks. 11. EAGLE PROTECTION OWNER'S POUCY CLTA HOMEOWNER'S POUCY OF TTTLE INSURANCE - 1998 ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (BuUding Pennit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability Form No. 1068-2 ALTA Plain Language Commitmeri fcltment No.: NCS-468558-SD age Number: 29 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations conceming: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to vkjiations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing strudures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, S.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Titie. 6. Lack of a right: a. to any Land outside the area spedfically 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 18. 12. THIRD GENERATION EAGLE LOAN POUCY AMERICAN LAND TTTLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (1/01/08) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restriding, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement ereded on the Land; (iii) the subdivision of land; or(iv) environmental protedion; or the effed of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion 1(b) does not modif/ 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 Qaimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage which 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 transadion evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifirations 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 Trtle 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 11(b) or 25. 8. The failure of the residential strurture, or any portion of it, to have been constmded 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. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restriding, regulating, prohibiting, or relating to Form No. 1068-2 G^fciltment No.: NCS-468558-SD ALTA Plain Language Commitmei^^ ^roge Number: 30 (i) the occupancy, use, or enjoyment of the Land; (ii) the chararter, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protertion; or the effert of any violation of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limrt 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 Qaimant 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 limrt the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protedion 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 transadion 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 Titie for real estate taxes or assessments imposed by govemmental 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 11(b). 14. AMERICAN LAND TTTLE ASSOCIATION LOAN POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Titie Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (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 resurt 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 daims 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 affeding the Titie that would be disdosed 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 titie to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the charader, dimensions, or location of any improvement ererted on the Land; (iii) the subdivision of land; or (iv) environmental protection;or the effert of any violation of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. m 4, Form No. 1068-2 q^^ltment No.: NCS-468558-SD ALTA Plain Language Commitmei^^ ^Wge Number: 31 (b) Any governmental police power. This Exdusion 1(b) does not modify or limit tiie coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limrt 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 tiie Insured Claimant prior to tiie 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 limrt the coverage provided under Covered Risks 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 Titie. 4. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transadion 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 Hen on the Titie 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 instmment of transfer in the Public Records that vests Titie as shown in Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Titie /Vssodation piolicy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (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 inspedion 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 affeding the Titie 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 daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or titie to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. MAY NOT COVPLY WfTH LOCAL SUBDlV»SIOp!| OR BijlMW^DTlW^^^^^^ CHANGES 3LK OLOfNEWfyi^CUT 4^7 44 2JS 3^6 S5 10,11. 57 58 04* BOA 73 /324 62,63. 1B6-(JBD-OP STOP 70-72 5T •:5F ')9 Ol 08 J6 1704 119 1002 1003 1C4fl 4861 SHT SAN DEGO COUNTY ASSESSOR'S MAP SOOK 208 PAOE 06 209-06 PIQ 600' RADIUS TXIS MAP IS PRM^D FOR INFORMATION PURPOSES ONLY*VlS NOT A PLAT OR SURVEY OF THE LAND DEPICTED. THIS MAP IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. r=4oo' RE>4AIND£P PAR A ® +3,19 AC 1-NO ACCESS A 190.23 R S51*4a'45"E 60 82 C 74.26 0 S47'4a'22"E 109 F 77 97 DETAIL "B" NO SCALE 1? ^- RHn^^A(^?^Jn7n^^^ TERRACES AT SUNNY CREEK 1) - KHO AGUA HEDIONDA - POR LOTS B & E 4223,6169.6570,6617.17348 '4 #4 209 - 09 PIQ 600' RADIUS i THIS MAP IS PROVIDED FOR INFORMATION PURPOSES ONLY; IT IS NOT A PLAT OR SURVEY OF THE LAND DEPICTED. THIS MAP IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. 02/07/01 RAG SHT 3 CHANGl :$ 11 OLKjOLC • NEW rRCUl ft IU r ^ . -^ . - 1 i \ 1 I rm ACCESS 1>E5P COUNTT AII|I10«11 MAf 9m .wwt 09,. MAP M242 - CARLSBAO TCT NO. 83-36, UNIT NQ I (CONOM) MAP 623 - RANCHO AGUA HEDIONDA MAR 1 «3 ?00l 09 I rvi 5">j sis I 1-800-345-7334 SCAU Ml/10 or Al INCH SAH D(tQO COUNTf ASSCflSOX'S HAP IX ?I2 PQ C\ EL CAMI NJO REAL 212-05 PIQ 600' RADIUS THIS MAP IS PROVIDED FOR INFORMATION PURPOSES ONLY; IT IS NOT A PLAT OR SURVEY OF THE LAND DEPICTED. THIS MAP IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. ^ sec 10 ^ -Y- <48 Aft i^-io PIQ 600' RADIUS THIS MAP IS PROVIDED FOR INFORMATION PURPOSES ONLY; IT IS NOT A PLAT OR SURVEY OF THE LAND DERCTED. THIS MAP IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. MAP (127B- 'ARLSBAD TCT NO.83-25 V COLLEGE. BLVD. 2-10 IT 20F2 ? EL CAMINO NO «REAL ACCESS PIQ 600' RADIUS THIS MAif IS PROVIDED FOR INFORMATION PURPOSES ONLY; IT IS NOT A PLAT OR SURVEY DF THE LAND DERCTED. THIS MAP IS FURNIIHED AS ^ rnW"^"'N'"^-'^ "^^ ' ^^T*" THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. THE COMPANY ASSUME^ NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. MAP II27S^ CARLSBAP TCT NO 83-25 DETAIL 'A' NO SCALE SAN DKOO COUNTY ASSESSOR'S MAP 212-13 r* =. 400* 7/7/99 SM CHANGE AfAN Af9t /ami m atrm IX n 9fUUl€ M « Sf om 41 M « ijii M 44 imiF Al 1741 IfkU a n t404 41 4 47 0 im 21 a 4tH 71 n AMD JIA JV 304il 00 U NO ACCESS 2» PAR 78 SBE MAP 543-37-1 3* PAR 79 sac MAP 843-37-1 RADIUS IS MAP IS PROVIDED FOR INFORMATION POSES ONLY; IT IS NOT A PLAT OR VEY OF THE LAND DERCTED. THIS MAP RNISHED AS A CONVENIENCE TO LOCATE LAND INDICATED HEREON WITH REFERENCE TOIBTREETS AND OTHER LAND. THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS OCCVRRING BY REASON OF RELIANCE THEREON. AUG 'I'Jy? MAP 12815 - CARLSBAD TCT NO 85-24 J (fi im stem COUNTY Asassws HV 212-14 SHT 3 OF 4 1" = 100' an Iff H 1 / 1 / / r / / \ \ 1 3 SHT'2 1. OPCN SPACE PIQ 600' RADIUS THIS MAP IS PROVIDED FOR INFORMATION PURPOSES ONLY; IT IS NOT A PLAT OR SURVEY OF THE LAND DERCTED. THIS MAP IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. JAN 3 U1937 MAP 13189 - CARLSBAD TC • NO 91 5 5 L^ 12 S (7^ PIQ 600' RADIUS THIS MAP IS PROVIDED FOR INFORMATION PURPOSES ONLY; IT IS NOT A PLAT OR SURVEY OF THE LAND DERCTED. THIS MAP IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. SAtI OICCO COUNTI ASSCSSOR'S UAP 212-14 SHT 4 OF 4 W 1" = ICQ* UJ OT ftW J« 9S / / / r / / / 1. OPEN SPACE JAN y U 1997 5HT •» ^U!..n.... ua'.. ,1.." . 1.. ' •' i 1 ll: l.i''! 1^ I lb' re 1 51 1! ^\ i X •* ?• NJ \ MAll^LlNC"^""' OPEN SPACL' ^4 At) it/ 30 •• \v ® •••.) 1 i r AC / 17 © f 1 OPIN •ACC 16) y Sl-lT OPfN SPACE SMlilKllCOONlY Assessor's UAP -16 I" a IDS' CHANGE Q;/ MO Afr A*IV Q;/ MO rf0 r.l iMirj^ to — — 1 1 1« TRAIL CASCMENT PIQ 600' RADIUS THIS MAP IS PROVIDED FOR INFORMATION PURPOSES ONLY; IT IS NOT A PLAT OR SURVEY OF THE LAND DERCTED. THIS MAP IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. AP 13232-CARLSBAD TCT NO 91-2 EAGLE CANYON UNITED STATE, TAL SERVICE f-irst-Class Mail Postage & Fees Paid USPS Permit No. G-10 Sender: Please print your name, a ldrc s;; a id ZIP+4* in this box* CITYOFCARtS&AO PLANNINC OEPARTIiENT ,635FARAD«|J^JJ5^^j^bacl CARLSBAD, JJN 0 4 F'ia-ninc] Division ii,(iii!i,,ij]hiih,i,inji,i!ji,jijiiiiiii!i,.h ; SENDER: COMPLETE Ty ^ECT/OW i 1 COIVIPLETE THIS SECTION r -DELIVERY • Complete items 1, 2, arid^Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse ^ so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature /^^^ w 2 / iyy/ •• • Agent J^-^-^H^kl^/<-//- •- • Addressee • Complete items 1, 2, arid^Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse ^ so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. B,^eceived by (Printed Name) C. Date of Delivery' 1. Article Addressed to: California Coastai Commission 7575 Metropolitan Dr., Suite 103 D. Is delivery address different from Item 1 ? • Yes 1 If YES, enter delivery address below: • No San Diego, California 92108-4402 3, Service Type • Certified Mail® • Priority Mail Express™ • Registered • Return Receipt for Merchandise • Insured Mail • Collect on Delivery San Diego, California 92108-4402 4. Restricted Delivery? (Extra Fee) • Yes 2. Article Number (fransfer from service labeO 'i'QlB Eb3D QDDO E7m 7bE'=i r M RECEIPT ranee Coverage Provit, •Ili' O.I •<Hii ed) CZl I—I Fli urn in (Endon ijmc i 1 i D fiesln lted I i iln 11/ "oe (Endo- omi; 1 t -^uiied) • m n rota! Pos' iqii roos ru •>RHiMillfr webS^ at www.usp8.com^ [ \ -I y: [ \ -I y: [ \ -I y: [ \ -I y: a S/rt'ei; Apt. 'i'lo.] Ol PO iiox X'.'. City.'smie^riPl.l California Coastal Commission 7575 Metropolitan Dr., Suite 103 San Diego, California 92108-4402 PS Form 3800, August 2006 See Reverse for Instructions CertiteUViaii Provides: • A m^^Vreceipt • A unique identifier for your mailpiece • A record of delivery kept by ti'*ff Postal Service for two years Important Heminders: m Certified Mail may ONLY be combined with First-Class Mail© or Priority Mail®. • Certified Mail is f7o( available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt ma^^ be requested fo provide proof of delivery. To obtain Return Redeipt service, please complete and attach a Return Receipt (PS Form 3811) to thjB article and add applicable postage to cover the fee. Endorse mailpiece "Retu/n Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSo postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restncted Delivery". • if a postmark on the Certified Mail receipt is desired, please present the arti-cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT Ccityof Carlsbad FILE COPY The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON June 2, 2014 Application #: CDP 14-01 Filing Date: Januarv 24. 2013 Case Name: Tabata 10 Decision Date: May 21. 2014 Applicant: Lennar Homes, Jennifer Ward Agent (if different): n/a Address: 25 Enterprise.Suite 300, Aliso Vieio, CA 92656 Address: n/a Phone: (949) 349-8257 Phone: n/a Project Description: The construction of 26 single familv residences on a 10.16 acre site. Project Location: The northeast end of Camino Hills Drive along the southwest side of El Camino Real, Carlsbad, CA, 92008 ACTION: • APPROVED ^ APPROVED WITH CONDITIONS • DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: 1X1 NOT APPEALABLE TO THE COASTAL COMMISSION. Q APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastai Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108-4402, Telephone (619) 767-2370. Attachment: - Location Map to CCC for non-appealable CDPs - Staff Report to CCC for appealable CDPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety (90) days foilowing the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation ofthe record ofthe proceedings shall be filed with the City Clerk, City ofCarlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax state or California—Natural Resources Agency CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 2014 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT# *. ^ jSD2014 0444 CSffsl^fgf CLEARING HOUSE#f;fapp/;caf)te; LEADAGENCY CITY OF CARLSBAD PLANNING DIVISION JUL 02 2014 DATE 05/29/2014 COUNTY/STATEAGENCYOF FILING SAN DIEGO Plinning Division DOCUMENTNUMBER *20140082* PROJECTTITLE TABATA 10 PROJECTAPPLICANT NAME PHONENUMBER LENNAR HOMES OF CALIFORNIA, JENNIFER WARD 949-349-8257 PROJECTAPPLICANT ADDRESS CITY STATE ZIPCODE 25 ENTERPRISE, SUITE 300 AUSO VIEJO CA 92656 PROJECT APPLICANT (Check appropriate box): • Local PublicAgency • School District • Other Special District • State Agency S Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report (EIR) $3,029.75 $ [3 Negative Declaration (ND){MND) $2,181.25 $ $0.00 • Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ Q Projects Subject to Certified Regulatory Programs (CRP) $1,030.25 $ 13 County Administrative Fee 1400 8 2 $50.00 $ $50.00 • Project that is exempt from fees 1400 8 2 Q Notice of Exemption • CDFW No Effect Determination (Form Attached) • Other PAYMENT IVIETHOD: • Cash • Credit El Check • Other CHK: 512158 TOTALRECEIVED $ $50.00 SIGNATURE X C. Duenas TITLE Deputy REM: 09/24/2009 RCT: SD2009-000913 lllllllllllllllllllllllllllllllllllllllllillllll ORIGINAL - PROJECT APPLICANT COPY-CDFW/ASB COPY-LEADAGENCY COPY-COUNTYCLERK FG753.5a (Reu 11/12) Notice of Determination To: Q Office of Planning and Research From: CITYOFCARLSBAD PO Box 3044 Planning Division I? D 1, [f Sacramento, CA 95812-3044 1635 Faraday Avenue dronenburg.kecordercoum; CI.A Carlsbad, CA 92008 ^ SD County Cierk 11 4 0 0 8 2 (760)602-4600 "A^ ^1^014 Attn: James Scott W, UII0n8S 1600 Pacific Highway, Suite 260 D^f^'LlTY PO Box 121750 San Diego, CA 92101 Project No: CDP 14-01/SUP 14-01 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Tabata 10 Project Title N/A City of Carlsbad, Chris Garcia (760) 602-4622 State Clearinghouse No. Lead Agency, Contact Person Telephone Number The northeast end of Camino Hills Drive along the southw/est side of El Camino Real, Carlsbad, CA, San Diego County. Project Location (include County) Name of Applicant: Lennar Homes of California. Jennifer Ward Applicant's Address: 25 Enterprise, Suite 300, Aliso Vieio. CA 92656 Applicant's Telephone Number: (949)349-8257 Project Description: A Coastal Development Permit and a Special Use Permit to allow for the construction of 26 single familv residences on a 10.16 acre site. This is to advise that the City of Carlsbad has approved the above described project on May 21, 2014, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment. 2. n An Environmental Impact Report (EIR) was prepared for this project pursuant to the provisions of CEQA. I I A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. IXI This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition ofthe approval ofthe project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Negative Declaration with comments and responses and record of project jroval is available to the General Public at THE CITY OF CARLSBAD. S-zi-l</ DON NEU, City Planner Date Date received for filing at OPR: . ; ''-M^ 'f*' ,^g^ Revised 05/13 MAY 2 9 ZOH Oiego U*inlv _ Posied HAY 2 9 20U • :ved iiiM^n?nu RkMit-iagefic^ai: jp ifl M otK^^C. state of California—The Resources Agerrcy DEPARTMENT OF FISH AND GAME 2009 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT* SD2009 000913 STATE CLEARING HOUSE Ufliapplicable) LEAOAGENCY CITY OF CARLSBAD DATE 09-24-2009 COUNTY/STATE AGENCY OF FILING SAN DIEGO DOCUMENTNUMBER 090261 PROJECTTrn.E TAEiATA 10 PROJECTAPPLICANT NAME TAEiATA FAMILY PHONENUMBER 760-754-1900 PROJECTAPPLICANTADDRESS PO BOX 679 QTY CARLSBAD STATE CA ZIPCODE 92018 PROJECT APPUCANT (Check appropriate box): • Local Public Agency Q School District • Other Special District • State Agency • Private Entity CHECK APPLICABLE FEES: • Environmental Impact Report IZ] Negative Declaration Q Application Fee Water Diversion (State VVater Resources Control Board Only) • Projects Subject to Certified Regulatory Programs 13 County Administrative Fee Q Project that is exempt from fees Q Nofice of Exemption Q DFG No Effect Detennination (Form Attached) • Olher PAYMENT METHOD: • Cash • Credit El Check • Other $1,993.00 $50.00 TOTALRECEIVED $ $2,043.00 SIGN/^TURE X L. Kesian TFTLE Deputy liiiii ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEADAGENCY COPY-COUNTYCLERK FG7S3.5a (RBV. 7/08) ^^fh CITY OF p-=J V (CARLSBAD Community & Economic Development www.carlsbadca.gov PLANNING COMMISSION NOTICE OF DECISION May 22, 2014 Lennar Homes Suite 300 25 Enterprise Aliso Viejo, CA 92656 SUBJECT: CDP 14-01/SUP 14-01 - TABATA 10 At the May 21, 2014 Planning Commission meeting, your application was considered. The Commission voted 6-0 to approve your request. The decision of the Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions ofCarlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. If you have any questions regarding the final dispositions of your application, please contact your project planner Chris Garcia at (760) 602-4622 or chris.garcia(5)carlsbadca.gov. jincerely. DON NEU, AICP City Planner DN:CG:fn c: Data Entry File enc: Planning Commission Resolution No. 7051 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © PROOF OF PUBLICATION (2010 & 2O130il^d?.$arlsba STATE OF CALIFORNIA County of San Diego MAY 1 3 Z014 Planning Division I am a citizen of tiie United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested In the above-entitled matter. I am the principal clerk ofthe printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: May 09«', 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 12^ day May 2014 Jane Allshouse NORTH COUNTY TIMES Legal Advertising This space is l^he County Clerk's Filing Stamp PLANNING COMMISSION PUBLIC HEARING ("^NOTICE IS HEREBY GIVEN to you, because your in- fterest may be affected, that the Planning Connmission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, May 21, 2014, to consider the following: 1) SDP 14-04{A)/SUP 98-03(D) - VIASAT HEADQUARTERS BUILDING ONE SITE ACCESS IMPROVEMENTS - Request for the approval of a Site Development Plan Amendment and Scenic Corridor Special Use Permit Amendment to allow for a median break in the public right-of-way along El Camino Real at the intersection of Gateway Road to accommodate a north-bound left turn/U-turn lane. This access improvement will re- quire minor modifications to ViaSat's existing campus (Parcel 1/Headquarters Building 1) on property generally located on the west side of El Camino Reol, south of Palomar Airport Road in Local Facilities Management Zone 17. The City Planner has de- termined that this project Is exempt from the requirements of the Colifornia Environmental Quality Act (CEQA) pursuant to Section 15301(c) "Existing Facilities" and 15332 "In-Fill Devel-opment Proiects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 2) CDP 14-OVSUP 14-01 - TABATA 10-Request forapprovai ofa Coastal Development Permit and a Special Use Permit to allow for the construction of 26 single family residences on a 10.16 acre site generally located ot the northeast end of Camino Hills Drive along the southwest side of El Camino Real within the Mello II Segment of the Local Coastal Program and within Local Facili-ties Management Zone 24. This proiect is not located within the appealable area of the California Coastal Commission. The City Planner determined that the proposed project is within the scope of the previously adopted Mitigoted, Negative Decloration for Tabata 10 - GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06- 08/HDP 07-03/CDP 06-19. 3) CT 13-06/PUD 13-11 - LA COSTA VILLAS - Request for appro- val of a Tentative Tract Map and Planned Development Permit to develop an 8-unit multi-family residential condominium proi-ect on a 0.39 acre infill site generally located on the south side of Gibraltar Street, west of Jerez Court, and in Local Facilities Management Zone 6. The City Planner has determined that this proiect is exempt from the requirements of the California Envi-ronmental Quality Act (CEQA) pursuant to Section 15332 "In-Fill Development Proiects" of the State CEQA Guidelines and will not have any adverse significant impact on the environ-ment. If you challenge these proiects in court, you may be limited to raising only those issues you or someone else raised at the pub- lic hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hear- ing. Copies of the environmental documents ore available ot the Planning Division at 1635 Faraday Avenue during regular busi- ness hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm F riday. Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http://carlsbod.granicus.com/ViewP ublisher.php?view id=6 on or after the Friday prior to the hear- ing date. If you have any questions, please call the Planning Di-vision at (760) 602-4600. CITY OF CARLSBAD PLANNING DIVISION pub: 5/9/14 C City of Carlsbad NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission ofthe City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, May 21, 2014, to consider a request for the following: CASE NAME: CDP 14-01/SUP 14-01 - TABATA 10 PUBLISH DATE: May 9, 2014 DESCRIPTION: Request for approval of a Coastal Development Permit and a Special Use Permit to allow for the construction of 26 single family residences on a 10.16 acre site generally located at the northeast end of Camino Hills Drive along the southwest side of El Camino Real within the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 24. This project is not located within the appealable area ofthe California Coastal Commission. The City Planner determined that the proposed project is within the scope of the previously adopted Mitigated Negative Declaration for Tabata 10 - GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Chris Garcia in the Planning Division at (760) 602-4622, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. Ifyou challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. • Coastal Commission Appealable Project: • This site is located within the Coastal Zone Appealable Area. 1^ This site is not located within the Coastal Zone Appealable Area. • Application deemed complete: Februarv 18, 2014 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CITY OF CARLSBAD PLANNING DIVISION Community & Economic Development Pianning Division 1635 FaradayAvenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax S/r£ MAP NOT TO SCALE Tabata 10 CDP 14-01 / SUP 14-01 Righthand Feed Lift Occupant 5200 El Camino Real Carlsbad Ca 92010-7118 Occupant 2311 Camino Hills Dr Carlsbad Ca 92008 Lift ^ CbP '"^-0) /^OP \H-o\ Occupant 5823 Newton Dr Carlsbad Ca 92008-7361 Occupant 2288 Morgan Rd Carlsbad Ca 92008-7114 Occupant 2290 Morgan Rd Carlsbad Ca 92008-7114 Occupant 2296 Undsay Dr Carlsbad Ca 92008-7111 Occupant 2297 Undsay Dr Carlsbad Ca 92008-7113 Occupant 2280 Bryant Dr Carlsbad Ca 92008-7108 Occupant 2284 Bryant Dr Carlsbad Ca 92008-7108 Occupant 2298 Bryant Dr Carlsbad Ca 92008-7108 Occupant 5427 Browning Rd Carlsbad Ca 92008-7103 Occupant 5425 Browning Rd Carlsbad Ca 92008-7103 Occupant 5423 Browning Rd Carlsbad Ca 92008-7103 Occupant 2291 Bryant Dr Carlsbad Ca 92008-7105 Occupant 2287 Bryant DrT Carlsbad Ca 92008-7105 Occupant 5420 Browning Rd Carlsbad Ca 92008-7102 Occupant 5427 Spencer Ln Carlsbad Ca 92008-7117 Occupant 5425 Spencer Ln Carlsbad Ca 92008-7117 Occupant 5420 Kipling Ln Carlsbad Ca 92008-7110 Occupant 5428 Kipling Ln Carlsbad Ca 92008-7110 Occupant 5425 Kipling Ln Carlsbad Ca 92008-7110 Occupant 5423 Kipling Ln Carlsbad Ca 92008-7110 Occupant 5415 Kipling Ln Carlsbad Ca 92008-7110 Occupant 5781 Van Allen Way Carlsbad Ca 92008-7321 Occupant 5352 Forecastle Ct Carlsbad Ca 92008-3824 Occupant 5328 Forecastle Ct Carlsbad Ca 92008-3824 Occupant 5324 Forecastle Ct Carlsbad Ca 92008-3800 paad puBMiiai m wn Righthand Feed Lift Lift Lift Robert P Kelly 2770 Sunny Creek Rd Carlsbad Ca 92010-7134 W P Golf & Equestrian L L C Lf Camino Carlsbad L L 5796 Armada Dr Suite 300 Carlsbad Ca 92008-4694 James & Bonnie Clinnin 5380 El Camlno Real Carlsbad Ca 92008-7120 W P Golf & Equestrian L L C Lf Camino Carlsbad L L 5796 Armada Dr Suite 300 Carlsbad Ca 92008-4594 Quintero Trust 2531 N Trail Ct Chula Vista Ca 91914-4153 Casa Del Zorro Uc 450 B St Suite 400 San Diego Ca 92101-8802 Ufe Teciinologies Corp 5791 Van Allen Way Carlsbad Ca 92008-7321 Quintero Trust 2531 N Trail Ct Chula Vista Ca 91914-4153 State Of California Wildlife Conservation 1807 13th Street Suite 103 Sacramento, CA 95811 Linda R Roberts 2286 Morgan Rd Carlsbad Ca 92008-7114 Kirk L Gibson 1175 Cordoba Way Vista Ca 92081-9089 Grand Suitephen Property Trust 2000 Wasiiington St APT 7 San Francisco Ca 94109-2844 Connie B Tirona 2292 Morgan Rd Carlsbad Ca 92008-7114 Argelanderharing Family Trust 02-28-94 2294 Morgan Rd Carlsbad Ca 92008-7114 Galvan Family Trust 09-14-89 2296 Morgan Rd Carlsbad Ca 92008-7114 Joseph & Alice Scott 2298 Morgan Rd Carlsbad Ca 92008-7114 Sumter Trust 04-21-95 2299 Morgan Rd Carlsbad Ca 92008-7115 Gomez Family Trust 10-30-98 2297 Morgan Rd Carlsbad Ca 92008-7115 Peake Uving Trust 05-18-89 2295 Morgan Rd Carlsbad Ca 92008-7115 Richard H & Karol Lee Jr 2293 Morgan Rd Carlsbad Ca 92008-7115 Janice Kassner 2291 Morgan Rd Carlsbad Ca 92008-7115 Dawes,Reginald & Doreen Family Trust 2289 Morgan Rd Carlsbad Ca 92008-7115 Plambeck,Peter J & Sonja Family Trust 2287 Morgan Rd Carlsbad Ca 92008-7115 James H Mcintosh 2285 Morgan Rd Carlsbad Ca 92008-7115 Willden Family Trust 04-14-93 2286 Undsay Dr Carlsbad Ca 92008-7111 Vigilante James J Tr 2288 Undsay Dr APT T Carlsbad Ca 92008-7111 Hilner,Dennis L Family Trust 2290 Undsay Dr Carlsbad Ca 92008-7111 Turner Family Trust 08-27-90 2292 Undsay Dr Carlsbad Ca 92008-7111 Kevin L Davis 2294 Undsay Dr Carlsbad Ca 92008-7111 paaj puequan wn wn c5 wn Righthand Feed Lift Lift Brown Trust 12-04-90 4518 Dunrobin Ave Lakewood Ca 90713-2526 Mccartney,Eugene S & Lynn E Family Trust 2298 Undsay Dr Carlsbad Ca 92008-7111 Bauer Trust 2299 Undsay Dr Carlsbad Ca 92008-7113 Hubik Dolores H Est Of 2122 Tiffany Dr Oceanside Ca 92056-3254 Terrell & Nancy Shillito 2295 Undsay Dr Carlsbad Ca 92008-7113 Dorothy E Van Tassel 2293 Undsay Dr Carlsbad Ca 92008-7113 Furrer Trust 2291 Undsay Dr Carlsbad Ca 92008-7113 Theresa L Koran 2289 Undsay Dr Carlsbad Ca 92008-7113 Sell Family Trust 2287 Undsay Dr Carlsbad Ca 92008-7113 Callisto Trust 2280 Bryant Dr Carlsbad Ca 92008-7108 Basil C & Julie Spyrou 5588 W 133Rd St Savage Mn 55378-2423 Raymond T & Carol Holland 2286 Bryant Dr Carlsbad Ca 92008-7108 Thissell Trust 2288 Bryant Dr Carlsbad Ca 92008-7108 Bert L Rogers Jr 2292 Bryant Dr Carlsbad Ca 92008-7108 Wood Family Trust 2296 Bryant Dr Carlsbad Ca 92008-7108 Phyllis J Adelman 473 Carefree Way Friday Harbor Wa 98250-8846 Patricia A & Lawrence Scharf 8708 Sherwood Dr West Hollywood Ca 90069-5004 Solana Trust 11019 Canby Ave Porter Ranch Ca 91326-2813 Curtis Trust 1026 California St Oceanside Ca 92054-5918 Penn J & Sharon Decking 5421 Browning Rd Carlsbad Ca 92008-7103 Giali Trust 2297 Sawyer Ln Carlsbad Ca 92008-7116 Neri Trust B 2295 Sawyer Ln Carlsbad Ca 92008-7116 Turner Family Trust 07-07-92 2299 Bryant Dr Carlsbad Ca 92008-7105 Crane Mildred D Family Trust 2297 Bryant Dr Carlsbad Ca 92008-7105 Oconnor Trust 2295 Bryant Dr Carlsbad Ca 92008-7105 Moreland Trust 2293 Bryant Dr Carlsbad Ca 92008-7105 Jerome Trust 1688 Nottingham Way NE Atlanta Ga 30309-2628 FoSuiter Thomas & Alice Trust 2289 Bryant Dr Carlsbad Ca 92008-7105 paaj pueimai wn Martin Family Trust 12-27-91 2287 Bryant Dr APT T Carlsbad Ca 92008-7105 wn Edith Manoff 2285 Bryant Dr Carlsbad Ca 92008-7105 3 wn Righthand Feed Uft Lift Gary & Marianne Hopper 2283 Bryant Dr Carlsbad Ca 92008-7105 Louie T & Angelita Perez 2281 Bryant Dr Carlsbad Ca 92008-7105 Camino Hills Homeowners Assn 2945 Harding St Suite 108 Carlsbad Ca 92008-1818 Pahl Trust 5406 Browning Rd Carlsbad Ca 92008-7101 William H&Claudette Orr 5408 Browning Rd Carlsbad Ca 92008-7101 Zimmerman 1990 Trust 5410 Browning Rd Carlsbad Ca 92008-7101 Kelly Trust 5412 Browning Rd Carlsbad Ca 92008-7101 Haynes Family 2004 Trust 5414 Browning Rd Carlsbad Ca 92008-7101 Vidito Trust 5416 Browning Rd Carlsbad Ca 92008-7102 Phillip P& Unda Tullis 5418 Browning Rd Carlsbad Ca 92008-7102 Trimmer Trust 2414 Maynard Rd Charlotte Nc 28270-0752 Sage Trust 5422 Browning Rd Carlsbad Ca 92008-7102 Kelley Trust 5424 Browning Rd Carlsbad Ca 92008-7102 Daniel T& Judith Cunniff 2302 Bryant Dr Carlsbad Ca 92008-7106 Benjamin D & Susan Griffith 2304 Bryant Dr Carlsbad Ca 92008-7106 Sarah L Clemens 2306 Bryant Dr Carlsbad Ca 92008-7106 Molinare,Marian M Family Trust 11-29-95 2308 Bryant Dr Carlsbad Ca 92008-7105 Ubieta Family Trust 11-10-09 2310 Bryant Dr Carlsbad Ca 92008-7106 Kathryn Jean Curtis Living Trust, 2312 Bryant Dr Carlsbad Ca 92008-7106 Brawner 1993 Trust 2314 Bryant Dr Carlsbad Ca 92008-7106 Melody K Kellogg 2316 Bryant Dr Carlsbad Ca 92008-7106 Tori Prince 2318 Bryant Dr Carlsbad Ca 92008-7106 Carole Whitcher 5415 Spencer Ln Carlsbad Ca 92008-7117 Michael & Lynette Perry 5418 Spencer Ln Carlsbad Ca 92008-7117 Schreiber Family Trust A 05-01-96 5420 Spencer Ln Carlsbad Ca 92008-7117 Martinson Trust 5422 Spencer Ln Carlsbad Ca 92008-7117 Crooks Trust 5424 Spencer Ln Carlsbad Ca 92008-7117 Ray & Teresa Mendoza 5426 Spencer Ln Carlsbad Ca 92008-7117 Monica N P Harper 5428 Spencer Ln Carlsbad Ca 92008-7117 Parker Trust 2518 Gibbons St El Cajon Ca 92020-1368 paaj puequan wn wn Righthand Feed Uft Lift A Trust PO Box 966 Dana Point Ca 92629-0956 Diamond Family Trust 08-20-08 5423 Spencer Ln Carlsbad Ca 92008-7117 Kaspar,Hans & Pamela Family Trust 5421 Spencer Ln Carlsbad Ca 92008-7117 Murphey Family Trust 07-20-90 5419 Spencer Ln Carlsbad Ca 92008-7117 Vanderslice Trust 5417 Spencer Ln Carlsbad Ca 92008-7117 Metz Trust 5415 Spencer Ln Carlsbad Ca 92008-7117 Weinbaum Family Trust 08-01-07 5416 Kipling Ln Carlsbad Ca 92008-7110 Kaye Trust 5418 Kipling Ln Carlsbad Ca 92008-7110 Grist Trust 323 W Kennedy Dr Streamwood 11 60107-1154 Robert J Dickey 5422 Kipling Ln Carlsbad Ca 92008-7110 Snelson Trust 5424 Kipling Ln Carlsbad Ca 92008-7110 Seckelmann Trust 12-12-89 5426 Kipling Ln Carlsbad Ca 92008-7110 Jelinek Trust 505 50Th PI WeSuitern Springs II 60558-1922 Janice Monypeny 5427 Kipling Ln Carlsbad Ca 92008-7110 Brad FoSuiter 685 Ambling Gait Ave Henderson Nv 89015-2983 Goodwin Family Trust 06-10-92 4772 Gateshead Rd Carlsbad Ca 92010-6578 Matthews Trust 5421 Kipling Ln Carlsbad Ca 92008-7110 Dodes,Gabriele I Family Trust 5419 Kipling Ln Carlsbad Ca 92008-7110 Grace G Carlos 5417 Kipling Ln Carlsbad Ca 92008-7110 Voors Revocable Family 2003 Trust 408 Oak Ln San Gabriel Ca 91775-2216 Pri Properties Management Inc PO Box 2138 Carlsbad Ca 92018-2138 G C Net Lease Carlsbad Investors Llc 1600 Faraday Ave Carlsbad Ca 92008-7313 Degour Family Trust 5240 Shelley PI Carlsbad Ca 92008-3851 Gary A & Sheryl Reiner 5238 Shelley PI Carlsbad Ca 92008-3851 Stuart A & Heidi Mcgilvray 5234 Shelley Pl Carlsbad Ca 92008-3851 Zachary Phillips 2325 Longfellow Rd Carlsbad Ca 92008-3830 Degrasse Trust 2329 Longfellow Rd Carlsbad Ca 92008-3830 Nguyen Living Trust 2333 Longfellow Rd Carlsbad Ca 92008-3830 Okun Family Living Trust 2337 Longfellow Rd Carlsbad Ca 92008-3830 Robert W& Elena Reilly 2341 Longfellow Rd Carlsbad Ca 92008-3830 paaj puequai wn wn wn Righthand Feed Lift Lift Lift Gregory W & Elizabeth Lang 2345 Longfellow Rd Carlsbad Ca 92008-3830 Sweeney Trust 2349 Longfellow Rd Carlsbad Ca 92008-3830 James R & Deana Resell 2342 Longfellow Rd Carlsbad Ca 92008-3829 Robert J & Chelsea Morris 2338 Longfellow Rd Carlsbad Ca 92008-3829 Wayne W Waddell 2334 Longfellow Rd Carlsbad Ca 92008-3829 Picha-Kostro Trust 04-23-08 2330 Longfellow Rd Carlsbad Ca 92008-3829 Michel A & Judy Malone 2325 Longfellow Rd Carlsbad Ca 92008-3829 Hewitt Family Trust 2322 Longfellow Rd Carlsbad Ca 92008-3829 Rheingold Family Trust 2318 Longfellow Rd Carlsbad Ca 92008-3829 William A & June Divine 5319 Forecastle Ct Carlsbad Ca 92008-3826 Jane H Welland 5325 Forecastle Ct Carlsbad Ca 92008-3825 Jay & Vicky Bergamini 5329 Forecastle Ct Carlsbad Ca 92008-3825 Parsons Family Trust 5333 Forecastle Ct Carlsbad Ca 92008-3825 Thompson Family Trust 11-28-09 5337 Forecastle Ct Carlsbad Ca 92008-3826 Brian Sala 5341 Forecastle Ct Carlsbad Ca 92008-3826 Mazen M & Sarwat Suleiman 5345 Forecastle Ct Carlsbad Ca 92008-3826 Hansen Family Trust 5349 Forecastle Ct Carlsbad Ca 92008-3826 Ramona T Hardesty 5353 Forecastle Ct Carlsbad Ca 92008-3826 Tillman,Bruce & Denise Family Trust 2108 Palmer Dr Oceanside Ca 92056-3611 Timothy F & Julie Hynes 5348 Forecastle Ct Carlsbad Ca 92008-3824 William K & Joann Sweeney 5342 Forecastle Ct Carlsbad Ca 92008-3824 Alex & Madeleine Szabo 5338 Forecastle Ct Carlsbad Ca 92008-3824 Edwin & Denise Fleischer 5332 Forecastle Ct Carlsbad Ca 92008-3824 Bingham Family Trust 1104 Stratford Ct Del Mar Ca 92014-2324 Hutchens,Michael & Lauri Family Trust 2305 Lanyard PI Carlsbad Ca 92008-3828 Robert Scefonas 2309 Lanyard PI Carlsbad Ca 92008-3828 John A & Jacquelyn Peacock 2306 Lanyard PI Carlsbad Ca 92008-3828 Douglas L Henkel 2302 Lanyard PI Carlsbad Ca 92008-3828 William R & Frances Foltz PO Box 2102 Carlsbad Ca 92018-2102 Patrick W & Kami Papa 5320 Forecastle Ct Carlsbad Ca 92008-3800 paaj puequan wn wn wn Righthand Feed Eagle Canyon At Evans Point Assn 10179 HuennekensSt San Diego Ca 92121-2965 Lift A notice has been mailed to all property owners/occupants listed herein. ^I^ L,, Signature:^ paaj puequai wn wn 7 wn .%.c,.o, • • QFILE ^ CARLSBAD Community & Economic Development www.carisbadca.gov EARLY PUBLIC NOTICE PROJECT NAME: TABATA 10 PROJECT NUMBER: CDP 14-01/SUP 14-01 This early public notice is to let you know that a development application for a Coastal Development Permit and Special Use Permit project within your neighborhood has been submitted to the City of Carlsbad on January 24, 2014. The project application is undergoing its initial review by the City. IOCATION: The south side of El Camino Real between Jackspar Drive and College Boulevard at the northern terminus of Camino Hills Drive. The property is approximately 10 acres in size and currently undeveloped. PROJECT DESCRIPTION: A Coastal Development Permit and Special Use Permit for the construction of 26 single-family homes. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Chris Garcia, Junior Planner at Chris.Garcia(a)carlsbadca.gov, 760-602-4622, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. Planning Division 1635 Faraday Ave. i Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax Righthand Feed -jfj^ Lift Lift Robert P Kelly 2770 Sunny Creek Rd Carlsbad Ca 92010-7134 WP Golf & Equestrian LLCJ Carlsbad L L 5796 Armadaj Suite^ Caflsbad Ca 92008-4694 Quintero Trust 2531 N Trail Ct Chula Vista W P Golf & Equestrian L L C Lf Camino Carlsbad L L 5796 Armada Dr Suite 300 Carlsbad Ca 92008-4694 Casa Del Zorro Uc 450 B St Suite 400 San Diego Ca 92101-8802 Life Technologies Corp 5791 Van Allen Wa^i Carlsbad Ca-97008-7321 State Of California Wildlife Conservation 1807 13th Street Suite 103 Sacramento, CA 95811 Unda R Roberts 2286 Morgan Rd Carlsbad Ca 92008-7114 Grand Suitephen Property Trust 2000 Washington St APT 7 San Francisco Ca 94109-2844 Galvan Family Trust 09-14-89 2296 Morgan Rd Carlsbad Ca 92008-7114 Gomez Family Trust 10-30-98 2297 Morgan Rd Carlsbad Ca 92008-7115 Janice Kassner 2291 Morgan Rd Carlsbad Ca 92008-7115 James H Mcintosh 2285 Morgan Rd Carlsbad Ca 92008-7115 Hilner,Dennis L Family Trust 2290 Undsay Dr Carlsbad Ca 92008-7111 Daaj Dueuuan wn wn wn Righthand Feed Lift Lift Brown Trust 12-04-90 4518 Dunrobin Ave Lakewood Ca 90713-2526 Mccartney,Eugene S & Lynn E Family Trust 2298 Undsay Dr Carlsbad Ca 92008-7111 Bauer Trust 2299 Undsay Dr Carlsbad Ca 92008-7113 Hubik Dolores H Est Of 2122 Tiffany Dr Oceanside Ca 92056-3254 Terrell & Nancy Shillito 2295 Undsay Dr Carlsbad Ca 92008-7113 Dorothy E Van Tassel 2293 Undsay Dr Carlsbad Ca 92008-7113 Furrer Trust 2291 Undsay Dr Carlsbad Ca 92008-7113 Theresa L Horan 2289 Undsay Dr Carlsbad Ca 92008-7113 Sell Family Trust 2287 Undsay Dr Carlsbad Ca 92008-7113 Callisto Trust 2280 Bryant Dr Carlsbad Ca 92008-7108 Basil C& Julie Spyrou 5588 W 133Rd St Savage Mn 55378-2423 Raymond T & Carol Holland 2286 Bryant Dr Carlsbad Ca 92008-7108 Thissell Trust 2288 Bryant Dr Carlsbad Ca 92008-7108 Bert L Rogers Jr 2292 Bryant Dr Carlsbad Ca 92008-7108 Wood Family Trust 2296 Bryant Dr Carlsbad Ca 92008-7108 Phyllis J Adelman 473 Carefree Way Friday Harbor Wa 98250-8846 Patricia A & Lawrence Scharf 8708 Sherwood Dr West Hollywood Ca 90069-5004 Solana Trust 11019 Canby Ave Porter Ranch Ca 91326-2813 Curtis Trust 1026 California St Oceanside Ca 92054-5918 Penn J & Sharon Decking 5421 Browning Rd Carlsbad Ca 92008-7103 Giali Trust 2297 Sawyer Ln Carlsbad Ca 92008-7115 Neri Trust B 2295 Sawyer Ln Carlsbad Ca 92008-7116 Turner Family Trust 07-07-92 2299 Bryant Dr Carlsbad Ca 92008-7105 Crane Mildred D Family Trust 2297 Bryant Dr Carlsbad Ca 92008-7105 Oconnor Trust 2295 Bryant Dr Carlsbad Ca 92008-7105 Moreland Trust 2293 Bryant Dr Carlsbad Ca 92008-7105 Jerome Trust 1588 Nottingham Way NE Atlanta Ga 30309-2628 FoSuiter Thomas & Alice Trust 2289 Bryant Dr Carlsbad Ca 92008-7105 Martin Family Trust 12-27-91 2287 Bryant Dr APT T Carlsbad Ca 92008-7105 Edith Manoff 2285 Bryant Dr Carlsbad Ca 92008-7105 paaj puequai wn wn wn Righthand Feed Uft # Lift Lift Gary & Marianne Hopper 2283 Bryant Dr Carlsbad Ca 92008-7105 Louie T & Angelita Perez 2281 Bryant Dr Carlsbad Ca 92008-7105 Camino Hills Homeowners Assn 2945 Harding St Suite 108 Carlsbad Ca 92008-1818 Pahl Trust 5406 Browning Rd Carlsbad Ca 92008-7101 William H & ClaudetteOrr 5408 Browning Rd Cadsbad Ca 92008-7101 Zimmerman 1990 Trust 5410 Browning Rd Carlsbad Ca 92008-7101 Kelly Trust 5412 Browning Rd Carlsbad Ca 92008-7101 Haynes Family 2004 Trust 5414 Browning Rd Carlsbad Ca 92008-7101 Vidito Trust 5416 Browning Rd Carlsbad Ca 92008-7102 Phillip P& Unda Tullis 5418 Browning Rd Carlsbad Ca 92008-7102 Trimmer Trust 2414 Maynard Rd Charlotte Nc 28270-0752 Sage Trust 5422 Browning Rd Carlsbad Ca 92008-7102 Kelley Trust 5424 Browning Rd Carlsbad Ca 92008-7102 Daniel T& Judith Cunniff 2302 Bryant Dr Carlsbad Ca 92008-7105 Benjamin D & Susan Griffith 2304 Bryant Dr Carlsbad Ca 92008-7106 Sarah L Clemens 2306 Bryant Dr Carlsbad Ca 92008-7105 Molinare,Marian M Family Trust 11-29-95 2308 Bryant Dr Carlsbad Ca 92008-7106 Ubieta Family Trust 11-10-09 2310 Bryant Dr Carlsbad Ca 92008-7106 Kathryn Jean Curtis Uving Trust, 2312 Bryant Dr Carlsbad Ca 92008-7105 Brawner 1993 Trust 2314 Bryant Dr Carlsbad Ca 92008-7105 Melody K Kellogg 2316 Bryant Dr Carlsbad Ca 92008-7106 Tori Prince 2318 Bryant Dr Carlsbad Ca 92008-7105 Carole Whitcher 5415 Spencer Ln Carlsbad Ca 92008-7117 Michael & Lynette Perry 5418 Spencer Ln Carlsbad Ca 92008-7117 Schreiber Family Trust A 05-01-95 5420 Spencer Ln Carlsbad Ca 92008-7117 Martinson Trust 5422 Spencer Ln Carlsbad Ca 92008-7117 Crooks Trust 5424 Spencer Ln Carlsbad Ca 92008-7117 Ray & Teresa Mendoza 5425 Spencer Ln Carlsbad Ca 92008-7117 Monica N P Harper 5428 Spencer Ln Carlsbad Ca 92008-7117 Parker Trust 2518 Gibbons St El Cajon Ca 92020-1368 paaj pueq^ai wn wn wn Righthand Feed Lift Lift A Trust PO Box 966 Dana Point Ca 92629-0966 Diamond Family Trust 08-20-08 5423 Spencer Ln Carlsbad Ca 92008-7117 Kaspar,Hans & Pamela Family Trust 5421 Spencer Ln Carlsbad Ca 92008-7117 Murphey Family Trust 07-20-90 5419 Spencer Ln Carlsbad Ca 92008-7117 Vanderslice Trust 5417 Spencer Ln Carlsbad Ca 92008-7117 Metz Trust 5415 Spencer Ln Carlsbad Ca 92008-7117 Weinbaum Family Trust 08-01-07 5416 Kipling Ln Carlsbad Ca 92008-7110 Kaye Trust 5418 Kipling Ln Carlsbad Ca 92008-7110 Grist Trust 323 W Kennedy Dr Streamwood II 60107-1154 Robert J Dickey 5422 Kipling Ln Carlsbad Ca 92008-7110 Snelson Trust 5424 Kipling Ln Carlsbad Ca 92008-7110 Seckelmann Trust 12-12-89 5425 Kipling Ln Carlsbad Ca 92008-7110 Jelinek Trust 505 50Th PI WeSuitern Springs II 60558-1922 Janice Monypeny 5427 Kipling Ln Carlsbad Ca 92008-7110 Brad FoSuiter 585 Ambling Gait Ave Henderson Nv 89015-2983 Goodwin Family Trust 05-10-92 4772 Gateshead Rd Carlsbad Ca 92010-5578 Matthews Trust 5421 Kipling Ln Carlsbad Ca 92008-7110 Dodes,Gabriele I Family Trust 5419 Kipling Ln Carlsbad Ca 92008-7110 Grace G Carlos 5417 Kipling Ln Carlsbad Ca 92008-7110 Voors Revocable Family 2003 Trust 408 Oak Ln San Gabriel Ca 91775-2216 Pri Properties Management Inc PO Box 2138 Carlsbad Ca 92018-2138 G C Net Lease Carlsbad Investors Llc 1600 Faraday Ave Carlsbad Ca 92008-7313 Degour Family Trust 5240 Shelley PI Cadsbad Ca 92008-3851 Gary A & Sheryl Reiner 5238 Shelley PI Carlsbad Ca 92008-3851 Stuart A & Heidi Mcgilvray 5234 Shelley PI Carlsbad Ca 92008-3851 Zachary Phillips 2325 Longfellow Rd Carlsbad Ca 92008-3830 Degrasse Trust 2329 Longfellow Rd Carlsbad Ca 92008-3830 Nguyen Uving Trust 2333 Longfellow Rd Carlsbad Ca 92008-3830 Okun Family Uving Trust 2337 Longfellow Rd Carlsbad Ca 92008-3830 Robert W & Elena Reilly 2341 Longfellow Rd Carlsbad Ca 92008-3830 paaj pueq^ai wn wn wn Righthand Feed Lift Uft Gregory W & Elizabeth Lang 2345 Longfellow Rd Carlsbad Ca 92008-3830 Sweeney Trust 2349 Longfellow Rd Carlsbad Ca 92008-3830 James R & Deana Resell 2342 Longfellow Rd Carlsbad Ca 92008-3829 Robert J & Chelsea Morris 2338 Longfellow Rd Carlsbad Ca 92008-3829 Wayne W Waddell 2334 Longfellow Rd Carlsbad Ca 92008-3829 Picha-Kostro Trust 04-23-08 2330 Longfellow Rd Carlsbad Ca 92008-3829 Michel A & Judy Malone 2326 Longfellow Rd Carlsbad Ca 92008-3829 Hewitt Family Trust 2322 Longfellow Rd Carlsbad Ca 92008-3829 Rheingold Family Trust 2318 Longfellow Rd Carlsbad Ca 92008-3829 William A & June Divine 5319 Forecastle Ct Carlsbad Ca 92008-3826 Jane H Welland 5325 Forecastle Ct Carlsbad Ca 92008-3826 Jay & Vicky Bergamini 5329 Forecastle Ct Carlsbad Ca 92008-3825 Parsons Family Trust 5333 Forecastle Ct Carlsbad Ca 92008-3826 Thompson Family Trust 11-28-09 5337 Forecastle Ct Carlsbad Ca 92008-3826 Brian Sala 5341 Forecastle Ct Carlsbad Ca 92008-3826 Mazen M & Sarwat Suleiman 5345 Forecastle Ct Carlsbad Ca 92008-3826 Hansen Family Trust 5349 Forecastle Ct Carlsbad Ca 92008-3825 Ramona T Hardesty 5353 Forecastle Ct Carlsbad Ca 92008-3826 Tillman,Bruce & Denise Family Trust 2108 Palmer Dr Oceanside Ca 92055-3611 Timothy F & Julie Hynes 5348 Forecastle Ct Carlsbad Ca 92008-3824 William K & Joann Sweeney 5342 Forecastle Ct Carlsbad Ca 92008-3824 Alex & Madeleine Szabo 5338 Forecastle Ct Carlsbad Ca 92008-3824 Edwin & Denise Fleischer 5332 Forecastle Ct Carlsbad Ca 92008-3824 Bingham Family Trust 1104 Stratford Ct Del Mar Ca 92014-2324 Hutchens,Michael & Lauri Family Trust 2305 Lanyard PI Carlsbad Ca 92008-3828 Robert Scefonas 2309 Lanyard PI Carlsbad Ca 92008-3828 John A & Jacquelyn Peacock 2305 Lanyard PI Carlsbad Ca 92008-3828 Douglas L Henkel 2302 Lanyard PI Carlsbad Ca 92008-3828 William R & Frances Foltz PO Box 2102 Carlsbad Ca 92018-2102 Patrick W & Kami Papa 5320 Forecastle Ct Carlsbad Ca 92008-3800 paaj puequan wn wn wn Righthand Feed Uft 0 Lift Eagle Canyon At Evans Point A5 10179 Huennekens St San Diego Ca.,S2Tf^2965 Eagle Canyon At Evans Point Assn 10179 Huennekens St San Diego Ca 92121-2955 A notice has been mailed to all preperty owners/oceuoants listed herein. , , Pafe:_ ^J/^/ff Signature: ^Vv^ , paaj puequai wn wn wn CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JANUARY 24. 2014 PROJECT NO(S): CDP 14-01/SUP 14-01 REVIEW NO: 1 PROJECT TITLE: TABATA 10 APPLICANT: LENNAR HOMES OF CA/LESTER TUCKER TO: • • • • • Land Development Engineering - Tecla Levy Police Department - J. Sasway Fire Department - Greg Ryan Building Division - Will Foss []J Parks & Recreation (Parks/Trails) - Liz Ketabian ^ Parks & Recreation (Trees & Medians) - Morgan | | Rockdale Pubiic Works Department (Streets) - Nick Roque Q Public Works Department (Traffic) - John Kim Q Public Works Department (Design) - Patrick Vaughan | | •ALWAYS SEND EXHIBITS Public Works (Storm Drain) - Clayton Dobbs Public Works (Wastewater) - Don Wasko Public Works (Water) - Eric Sanders Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Dept. Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) FROM: PLANNING DIVISION/CHRIS GARCIA Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, bv 2/14/14. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS; \ £ Signature Date PLANS ATTACHED Review & Comment 03/13 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JANUARY 24, 2014 PROJECT NO(S): CDP 14-01/SUP 14-01 REVIEW NO: 1 PROJECTTITLE: TABATA 10 APPLICANT: LENNAR HOMES OF CA/LESTER TUCKER TO: m Land Development Engineering-Tecla Levy • Public Works (Storm Drain) - Clayton Dobbs Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Uz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Morgan • School District Rockdale • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Patrick Vaughan • Caltrans (Send anything adjacent to 1-5) •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION/CHRIS GARCIA Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, bv 2/14/14. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 03/13 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JANUARY 24. 2014 PROJECT NO(S): CDP 14-01/SUP 14-01 REVIEW NO: 1 PROJECT TITLE: TABATA 10 APPLICANT: LENNAR HOMES OF CA/LESTER TUCKER TO: Land Development Engineering-Tecla Levy • Public Works (Storm Drain) - Clayton Dobbs Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Morgan • School District Rockdale • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Patrick Vaughan • Caltrans (Send anything adjacent to 1-5) •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION/CHRIS GARCIA Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, by 2/14/14. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: ^ , - - Signatur Date PLANS ATTACHED Review & Comment 03/13 CITY OF CARLSBAD Police Department www.carlsbadca.gov Date: Feb. 7, 2014 To: Planning Tracking Desk- Planning Department From: Jodee Sasway, Community Relations Manager (Crime Prevention and Public Information) Subject: Tabata 10 CDP 14-01/SUP 14-1 Plan Review Recommendations The City of Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model international standards. Crime Prevention through Environmental Design The proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. The proper design influences this by positively affecting human behavior. The design includes the physical environment, the planned behavior of people, the productive use of space and an effective crime/loss prevention program. Natural Surveillance • Place and design physical features to maximize visibility. This will include building orientation, windows, entrances, walkways, landscape trees and shrubs, fences and any other physical obstruction. • Design the placement of persons and or activities to maximize surveillance possibilities. • Design lighting that provides for appropriate nighttime illumination of walkways, entrances and driveways. Natural Access Control • Use walkways, pavement, lighting and landscaping to clearly guide guests to and from selected entrances. • Use real or symbolic barriers like fences or landscaping to prevent and or discourage access to or from dark and or unmonitored areas. Provisions for territorial reinforcement • Use pavement treatments, landscaping and fences to define and outline ownership or property. Lighting • Equip building on all sides with light fixtures. • All types of exterior doors should be illuminated during the hours of darkness. • Install lights on the building in the eaves to illuminate the perimeter of the house. • Choose light fixtures with dawn to dusk sensors or timers not motion sensors. «!•> 2560 Orion Way, Carlsbad, CA 92010-7240 T 760-931-2100 F 760-931-8473 ® Landscaping Plan a landscaping design that enhances surveillance and security. Tree canopies should be no lower than six (6) feet and should not allow access to roofs or balconies. Ensure landscaping plan does not deter from lighting and addressing. Plant only low profile shrubs that can be maintained below two (2) feet. Use security plants where necessary to prevent entering and tampering. Install walls and fences that are see-through and enhance surveillance. Install lockable gates that allow surveillance. Addressing • Locate numerals where they are clearly visible from the front street • Contrast the numeral's color to the background on which it is affixed. • Numerals shall be no less than four (4) inches in height and illuminated during the hours of darkness. Entrances • Design front entrances to provide vision from the front door to the front access street. • Keep entranceways clear of clutter. Alcoves and inset patios (California rooms) • Having sections of the building that are inset in alcoves or patios creates an area for concealment. Doors • Do not use of glass within 42 inches of a locking device. • A single or double door shall be equipped with a double cylinder deadbolt with a bolt projection exceeding one inch or a hook-shaped or expanding deadbolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five-pin tumblers and a cylinder guard. • Install wooden doors of solid core construction with a minimum thickness of one and three-fourths (1-3/4) inches. • Provide a double door inactive leaf with metal flush bolts having a minimum embedment of five-eighths (5/8) of an inch into the header and footer of the doorframe. Strike Plates • Reinforce all deadbolt strike plates. Choose Strike plates constructed of a minimum 15 U.S. gauge steel, bronze, or brass and secure it to the jamb by a minimum of two screws, which should penetrate at least two (2) inches into the solid backing beyond the surface to which the strike is attached. Re-enforcement of the door area around the lock is also suggested. Viewer Arrange entrance doors so that the occupant has a view ofthe area immediately outside the door without opening the door. Except doors requiring a fire protection rating that prohibits them, such a view may be provided by a door viewer having a field of view of not less than 190 degrees. Mounting height should not exceed fifty-four (54) inches from the floor. Windows and sliding glass doors • All exterior sliding glass doors and windows should be equipped with locking devices which will keep the sliding panel of the door or window from being opened from the outside horizontally or vertically. • Ensure windows have security features preventing the window from being forced to slide or rise. Consider security glazing. • This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security, please contact the Crime Prevention Unit at (760) 931-2105. By Jodee Sasway, Crime Prevention Specialist Carlsbad Police Department 760- 931-2195 or jodee.saswav(5)carlsbadca.gov www.carisbadca.gov Chris Garcia From: Alex Szabo <aszabo(g)topsailgroup.com> Sent: Wednesday, May 21, 2014 2:38 PM To: Chris Garcia Cc: 'Mike'; 'Alex Szabo'; 'Barbara Henkel'; 'Bobbie Gibbs' Subject: May 21 Public Hearing: TABATA 10 Dear Chris: As discussed, I am on the Board of Directors ofthe HOA at Eagle Canyon, and I am unable to make tonight's Publlc Hearing on TABATA 10. Part of our HOA Property runs along Camino Hills Road, directly opposite of the TABATA building site, i want to state for the record that we trust that the developer for TABATA 10 will make every reasonable effort to ensure the safety and integrity of our property. This would include the bushes, trees, fences, sidewalks, etc. If any damages do occur, we fully expect the developer to make restitution to the Eagle Canyon HOA and fix or replace those damages. Also, we want to point out that we have a working underground sprinkler system along our HOA property on Camino Hills Road, especially as the property extends down the road, closer to the intersection of El Camlno Real. If the current road may have to be widened In this area, appropriate plans must be in place to address our underground sprinkler system so it will not be damaged. For the record, we have recently taken pictures along our HOA area. We look fonward to a professional understanding of our HOA property as the construction begins. Thank you for your help and understanding. Best regards, Alex Szabo Topsail Group 5338 Forecastle Court Carlsbad, CA 92008 Office: 760-814-2550 Cell: 203-516-8857 alex@topsailqroup.com http://www.topsailqroup.com This message and attachment(s) are intended solely for use by the addressee and may contain information that is privileged, confidential or othenwise exempt from disclosure under applicable law. If you are not the intended recipient or agent thereof responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying ofthis communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone and with a 'reply' message. Thank you for your co-operation. CITY OF HltUUn V CARLSBAD Community & Economic Development www.carlsbadca.gov April 29, 2014 Lennar Homes 25 Enterprise Suite 300 Aliso Viejo, CA 92656 SUBJECT: CDP 14-01/SUP 14-01 - TABATA 10 The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, May 7, 2014. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on May 12, 2014. A twenty (20) minute appointment has been set aside for you at 9:30. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhlbit(s) of your site plan and elevations. For residential projects of 2 or more homes a typical street scene of the elevations shall be provided. The corresponding rear elevations for the homes shown for the typical street scene shall also be provided; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. Ifthe colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhlbit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Chris Garcia at (760) 602- 4622 or at chris.garcia(S)carlsbadca.gov. Sincerely, DON NEU, AICP Gity Planner DN:CG:bd c: File Copy -—-T^da-fcevy-; Project feflgi^jeef— Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © «^CAF(LSBAD "L^ M" Community & Economic Development www.carlsbadca.gov March 19, 2014 Lester Tucker Suite 300 25 Enterprise Aliso Viejo, CA 92656 SUBJECT: CDP 14-01/SUP 14-01 - TABATA 10 Dear Mr. Tucker, Your project was deemed complete on February 18, 2014. There are issues of concern with the project that remain to be resolved. The issues are listed on the attached page(s). All remaining project issues must be addressed by March 27, 2014. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. Please contact me at 760-602-4622 if you have any questions or wish to set up a meeting to discuss the application. Sincerely, CHRIS GARCIA junior Planner Attachment CG:fn c: Roberta Correia, 3533 Curlew Street, San Diego, CA 92103 Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 FaradayAvenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 niU 4-01-TABATA 10 ISSUES OF CONCERN Planning: 1. The maximum permitted lot coverage for each lot is 40%. According to the information provided, lots 12, 13, 15 and 17 exceed the 40% lot coverage allowed ("Building Coverage" as defined in Section 21.04.061 of the CMC). Please review the lot coverage definition below and verif/ that the lot coverage for all lots is accurate. The homes will be required to be modified if the lot coverage exceeds the 40% allowed. Please add the lot coverage for each lot to the "Lot Summary" table on sheet two ofthe plans. "Building coverage" meons the total ground area of a site occupied by any building or structure as measured from the outside of its surrounding external walls or supporting members. Building coverage includes exterior structures such as stairs, arcades, bridges, permanent structural elements protruding from buildings such as overhanging balconies, oriel windows, stories which overhang a ground level story, garages and covered carports. Building coverage also includes the perimeter area of a basement. Excluded from building coverage are roof eaves extending less than thirty inches from the face of any building, awnings, open parking areas, structures under thirty inches in height and masonry walls not greater than six feet in height such as wing-walls, planter walls or grade-separation retaining walls. 2. The required side yard setback is a minimum of 10% of the lot width. The lot width is the linear distance of the front yard setback which is measured 20' back from the front property line. For corner lots, the street side setback is set at a minimum of 10' with the interior side setback a minimum of 10% of the lot width. Please add the lot widths of each lot to the "Lot Summary" table on sheet two ofthe plans. The following lots do not meet the minimum required side yard setbacks: 6, 7, 8, 9, 10, 11, 12 and 13. The following lots are too close to evaluate if they meet the minimum side yard setback: 1, 4, 15,16, 17,18,19, 20, 23, 24, and 25. 3. As discussed previously, piease ensure the next pian submittal inciudes the foliowing: a. Please add full cooking facilities in the second dwelling units of the Plan 3 homes. The last submittal only had a cooktop and did not include a range or oven. b. Please ensure that the home on Lot 5 is reversed so that there is more articulation in the elevation facing the street. ^'^cT.o'.^'^ • • FILE COPY VXARLSBAD Community & Economic Development www.carlsbadca.gov March 10, 2014 Roberta Correia 3533 Curlew Street San Diego, CA 92103 SUBJECT: CDP 14-01/SUP 04-01 - TABATA 10 - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA Determination: This is to advise you that after reviewing the application for the project amendment referenced above, the City has determined that the project is subject to the provisions of CEQA; however, the potential environmental effects of the project were adequately analyzed by the previously Certified Mitigated Negative Declaration for Tabata 10 - GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19. No additional environmental review is required. A Notice of Determination will be filed after approval of the project amendment with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner In the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing date. Target Decision Date: In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), the project should be scheduled for a public hearing no later than May 9, 2014. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by March 27, 2014. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. For additional information related to this CEQA applicability/process determination or should you have any questions regarding an application extension or would like to withdraw your application, please contact Chris Garcia at 760-602-4622 or by email at Chris.Garcia@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:CG;sm c: Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer Michele Masterson, Senior Management Analyst . File CoBV. Planningbi;^KI§|on 1635 FaradayAvenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 Community & Economic Development www.carlsbadca.gov February 18, 2014 Roberta Correia 3533 Curlew Street San Diego, CA 92103 SUBJECT: 1ST REVIEW FOR CDP 14-01 / SUP 14-01 - TABATA 10 Thank you for applying for Land Use Permits in the City ofCarlsbad. The Planning Division has reviewed your Coastal Development Permit and Special Use Permit, application nos. CDP 14-01/SUP 14-01, as to its completeness for processing. The application is complete, as submitted. Although the initial processing ofyour application may have already begun, the technical acceptance date is acknowledged by the date ofthis communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date ofthis communication. At this time, the City asks that you provide two (2) complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 davs. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Tecla Levy, Associate Engineer, at 760-602-2733. • Fire Department: Greg Ryan, Fire Inspections, at 760-602-4661. CHRIS DeCERBO Principal Planner CD:CG:fn c: Don Neu, City Planner Tecla Levy, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © mm 14-01-TABATA 10 14 ;ge_^ ISSUES OF CONCERN Planning: 1. Sheet AO-1 states the home break down as eight Plan I's, nine Plan 2's and nine Plan 3's. All plotting plans show there to be six Plan I's, eleven Plan 2's and nine Plan 3's. Please revise to show the correct number of each plan type. 2. The proposed plotting plans show that of the six Plan I's proposed, none utilize the "B" elevation type. Please utilize at least one Plan IB elevation. 3. Lots 11, 12 and 13 are located adjacent to the existing Camino Hills development and contain the smallest difference in pad elevations between the developments. Staff recommends that a one-story Plan 1 be located on lots 12 and 13 to help mitigate visual impacts from the existing homes in the Camino Hills development adjacent to lots 12 and 13. Staff also recommends that the Plan 3 proposed on Lot 11 be reversed to be more favorable by having the lower roof element to the west when viewing the project from the Camino Hills Development. 4. A Plan 2 is proposed on Lot 5. Due to the configuration of the lot, the side elevation faces the street more than others. The left side elevation of Plan 2, as-is, is not desirable to face the street. It is recommended that this elevation be enhanced or swapped out with a Plan 3 that has a more desirable side elevation. 5. All elevations showing building height shall be measured from the grade and not the finished floor. In addition, the actual height needs to be listed for each plan and elevation type. Labeling "+/-" or "max height" is not acceptable. 6. All required one-story homes shall have a maximum height of 2^ with a maximum plate line of 15'. Please show how the Plan I's comply with this requirement. It is recommended that the roof pitch be lowered from 4:12 to 3:12. 7. Please add an exhibit to show compliance with the height limit restrictions required by the Special Use Permit and the El Camino Real Corridor Standards. Lots 1-2 and 21-26 fall within 200' of the El Camino Real right-of-way. The height limit in this area is restricted to 25'. It is unclear what the height of the homes are within 200' of El Camino Real. About half of each home on Lots 21-26 fall within this area. 8. The roof plans shown for Plans 2 and 3 show a 3:12 roof pitch, but label 4:12. Please correct this discrepancy. 9. Please clearly label the scale on each sheet and ensure that future plans are printed to scale. 10. The floor plan for Plan 2 shows two windows inside the second floor master bathroom. The rear elevations show one window centered. Please correct the plans to be consistent. 11. The floor plan for Plan 3 shows a different amount and placement of windows than the elevations for the first floor right elevation and the second floor right elevation. Please correct the plans to be consistent. CDP 14-01/SUP 14-01 - TABATA 10 February 18, 2014 Page 3 12. Sheet 3 of the civil plans needs to show the dimensions from the closest point of each side of the homes to the adjacent property line. Please also add the plan type and if it is reversed (example 2CR would be Plan 2, Elevation C, reversed). 13. For all applicable plan sheets, please label the street the homes front on as Street "A" and not as Camino Hills Drive. A street name request will be required to be processed and approved by the Planning Division. 14. Please correct the project numbers at the top right ofthe sheet to be CDP 14-01 / SUP 14-01. Fire: 1. Fire comments, if any, will come under a separate correspondence.