Loading...
HomeMy WebLinkAboutCT 13-02; Coastal 10 Duplicate Project File - Delete; Tentative Map (CT)TJP' CI T Y O f CARLSBAD DISCLOSURE STATEMENT P- 1(A) Development Services Planning Division 1635 Faraday Avenue (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 sut)mtttal. 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 dub, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other politick subdivision or any other group or comblnafion acting as a unit" Agents may sign this document; however, ^e legal name and entity of the applicant and property owner must be provided twiow. 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 ail 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 publidv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person y^jA*/ j/ .^^^^mP^ Corp/Part ^ Trtle Address 2. Titie Address ggg^ A^^. Ai^/d^ 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% 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 pu|j^lM—ied corporation, include the names, titles, and addresses of the consooinrnceririA separate page may be attached if necessary.) Corp/Part Title LA Address P-1(A) Address Revised 07/10 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 Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any memt>er of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I 1 Yes J2 No If yes, pfease indicate person(s):. NOTE: Attach additional sheets if necessary. ove information is true and correct to the best of my knowledge. ^ _ ^C2^ ^-^r^^/^ Signature of owner/date Signature of appil^nt/date ' Wnt or tvpe 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 Coastal Uving XO, LLC A California limited Liability Company 814 S. Westgate Ave., #125 Los Angeles, Ca 90049 Tel: 310-826-lSU Fax: 310-S2&^7e salmanrable ©verizon.net i, Salman Rabie, as President of SJ Asset Management, Inc., Manager of Coastal Uving 10, LLC, a California limited liability company, hereby authorize Brian Merritt, Vice President, Diversified Development. Inc., to execute all documents on behalf of Coastal Living, LLC for purposes necessary for the development of the project located at Navarro Dr. (APN 216-170-19) BY: Coastal Living 10, LLC a California limited liability company By: SJ Asset Management, Inc., a California corporation Its: Manager By: Salman Rabie Its: President Date: August 13, 2012 May 16,2013 Brian H. Merritt Coastal Living "10" 7668 El Camino Real Suite 104-280 Carlsbad, Ca 92009 Dear Brian, Upon review of your plans re: CT 13-02/PUD 13-04 Coastal Living "10" Carlsbad, Ca, Waste Management feels that requirements are met for Commercial service at this location Avith no expected problems. We appreciate you contacting us on the proposed design so that we had the chance to spot any challenges in future trash and recycling collection. If you have any other questions, you may call me direct at (760) 268-7114. Sincerely, Kurt Stauffer Operations Route Manager. City of Carlsbad Faraday Center Faraday Cashiering 001 1313301-2 05/13/2013 149 Hon, May 13, 2013 02:29 PM Receipt Ref Nbr: Rl313301-2/0046 PERMITS - PERMITS Iran Ref Nbr: 131330102 0045 0050 Trans/Rcpt#: R0095026 SET #: PUD13004 Amount: 1 i $8,054.00 Item Subtotal: $8,064.00 Item Total: $8,054.00 PERMITS - PERMITS Tran Ref Nbr: 131330102 0046 0051 Trans/Rcpt#: R0095027 SET #: CT130002 Amount: 1 @ $8,800.00 Item Subtotal: $8,800.00 Item Total: $8,800.00 2 ITEM(S) TOTAL: $16,854.00 Check (Chk# 001002) $15,854.00 Total Received: $16,864.00 Have a nice day! m***********CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: COASTAL LIVING 10, LLC Description CT130002 Amount 8,800.00 Receipt Number: R0095027 Transaction Date: 05/13/2013 Transaction ID: R0095027 Pay Type Method Description Amount Payment Check 1002 8,800.00 Transaction Amount: 8,800.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: COASTAL LIVING 10, LLC Description PUD13004 Amount 8,064,00 Receipt Number: R0095026 Transaction Date: 05/13/2013 Transaction ID: R0095026 Pay Type Method Description Amount Payment Check 1002 8,064.00 Transaction Amount: 8,064,00 ^ CITY O F CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 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 of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or wither all requirements are necessary for your particular application) please call (760) 602^ Applicant Signature: Staff Signature: Date: ^ 1 r*^^——== To be stapled with receipt to the application P-KE) Page 1 of 1 Revised 07/10 ^ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 wwvi/.ca rlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. I I The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: ^AST/^L L(V>Ma 10, LLC PROPERTY OWNER Name: 5> Address: 74f^8 EL 0\^AIMA ?fAL t>OtTr id-(05 Address:. Phone Number: Phone Number: Address of Site: \\f\\JA^^^ I)R\ue. Local Agency (City and County):. Assessor's book, page, and parcel number:_ ^«^- 17(3- n Specify list(s): Regulatory Identification Number:. Date of List: Applicant Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements In providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ^ CITY CARLSBAD O F PROJECT DESCRIPTION P-1(B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: f^A-ST^L, IQ APPLICANT NAME : f^.oASTAt- L'^f^g^ (0, LLC Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P-1(B) Page 1 of 1 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: yjf'^f'P (To be completed by City) Application Number(s): General Information 1. Name of project: CAA<XAI. iQ 2. Name of developer or project sponsor: ^loASTAL Uvt'MGc 10^ LLCL Address: 7(i>(pB Eu Cl^MiMr. RtAL, SU\T£ 10^-10^ City, State, Zip Code: , Phone Number: ^5/- 6?/ - 05^^ 3. Name of person to be contacted concerning this project: /\H M€LRi5.vTr Address: SA.VA€ City, State, Zip Code: Phone Number: Address of Project: VlAVAfi^^iK \)<^\VF Assessor's Parcel Number: z\(^- no - n 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing General Plan Land Use Designation: 7. Existing zoning district: 8. Existing land use(s): VACAN\T 9. Proposed use of site (Project for which this form is filed): MULTl- FAMlL. Project Description 10. Site size: Q. M*^ AC 11. Proposed Building square footage: Hj OT/ sF 12: Number of floors of construction: 3 13. Amount of off-street parking provided: 14. Associated projects: P-1 (D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: KTTAOA^J^ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: K /A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: M /A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: [4 /A P-1 (D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all Items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial • |0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or • 0 roads. 22. Change in pattern, scale or character of general area of project. • El 23. Significant amounts of solid waste or litter. • 13 24. Change in dust, ash, smoke, fumes or odors in vicinity. • I3 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • O alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. • El 27. Site on filled land or on slope of 10 percent or more. 0 • 28. Use of disposal of potentially hazardous materials, such as toxic substances, • flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • H etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • 0 31. Relationship to a larger project or series of projects. • El Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and thafthe facts, statements, and information presented are true and correct to the best of my knowledge anjA^eWef. Date: Signature:^ For: P-1(D) Page 4 of 4 Revised 07/10 UNIT I TWO STOCY - TYPE I - L^arafS-F. / 6 'l "5 UNIT 2 ^ THPEE STOI5Y - TYPE 2 7j<?7g's.F. I '"^ - 7 UNIT 5 / ^^'^'^ THREE STO(?Y - TYPE 2 - J^O S.F. i 11 UNIT THREE STORY - TYPE 2 " J^Xf S.F, ^ ' UNIT 5 THREE STORY - TYPE 3 - 2J20 S.F. "Zf? 6 f UNIT 6 ^ THREE STORY - TYPE 4 - gJwr'S.F. "Z^Z 3 UNIT 7 / / THREE STORY - TYPE 4 - TJ^^S.F./^.?. UNIT 8 / TWO STORY - TYPE 2 - 1,^©^S.F. / <^ UNIT 9 ^ / TWO STORY - TYRE 2 - l^^;a^S.F. I <6, f O UNIT 10 / TWO STORY - TYP^ 1 - l,83:^kS.F. /' ^ 2.^ COASTAL 10 NAVARRA DRIVE THE PROPOSED PROJECT IS THE DEVELOPMENT OF 10 CONDOMINIUM UNITS ON A PREVIOUSLY GRADED VACANT LOT. THE SURROUND ING LOTS ARE SIMILARLY DEVELOPED MULTI-FAMILY PROJECTS ALONG THE LA COSTA RESORT GOLF COURSE. EAST COUNTY SOIL CONSULTATION AND ENGINEERING, INC. 10925 HARTLEY ROAD, SUITE "I" SANTEE, CALIFORMA 92071 619 258-7901 FAX 619 258-7902 Mr. Brian Merritt Diversified Development 7668 El Camino Real, 104-280 Carlsbad, CaUfomia 92009 March 19,2013 Project No. 12-114701 Subject: Preliminary Grading Plan Review Proposed lO-Unit Residential Development (Coastal Living 10) Lot 40 of La Costa South, Unit No. 1 Navarra Drive, Carlsbad, California 92009 Reference: "Limited Geotechnical Investigation, Proposed 10-Unit Residential Development (Coastal Living 10), Lot 40 of La Costa South, Unit No. 1, Navarra Drive, Carlsbad, Califomia 92009", Project No. 12-1147G1, Prepared by East County Soil Consultation and Engineering, Inc., Dated January 10,2013. Dear Mr. Merritt: In accordance with your request, we have reviewed the preliminary grading plan prepared by 0*Day Consultants, Inc., to address the retaining walls adjacent to the bioretention basins for the proposed 10-unit residential project at the subject site. It is our understanding that the proposed bioretention basins will be constructed between the perimeter retaining walls and building foundations. We recommend that an adequate waterproofing sysytem be installed against the retaining walls and foundations because of the water storage of the bioretention basins. This may include a multiiayered bituminous adhesive, a 10-mil plastic sheeting and a foam protection board. If we can be of fiirther assistance, please do not hesitate to contact ova office. Respectfully submittg^-^ Mamadou Saliou Diallo, P.E. RCE 54071, GE 2704 MSD/md EAST COUNTY SOIL CONSULTATION AND ENGINEERING, INC. 10925 HARTLEY ROAD, SUITE "I" SANTEE, CALIFORNIA 92071 (619) 258-7901 Fax 258-7902 Diversified Development, Inc. January 10, 2013 7668 El Camino Real, 104-280 Project No. 12-1147G1 Carisbad, California 92009 Subject: Limited Geotechnical Investigation Proposed 10-Unit Residential Development (Coastal Living 10) Lot 40 of La Costa South, Unit No. 1 Navarra Drive, Carlsbad, Califomia 92009 Ladies & Gentlemen: In accordance with your request, we have performed a limited geotechnical investigation at the subject site to discuss the geotechnical aspects of the project and provide recommendations for the proposed development. Our investigation has found that the proposed building pads are underlain by topsoi! and slopewash to depths ranging from approximately 6 to 11 feet below existing grades. These soils were underlain by dense sandstone/ claystone of the Santiago Formation to the explored depth of 14 feet. It is our opinion that the development of the proposed residential project is geotechnically feasible provided the recommendations herein are implemented in the design and construction. Should you have any questions with regard to the contents of this report, please do not hesitate to contact our office. Respectfully submitted, Mamadou Saliou Diallo, P.E. RCE 54071, GE 2704 MSD\md COASTAL UVING 10/ DIVERSIFIED DEVELOPMENT PROJECT NO. 12-114701 TABLE OF CONTENTS IMTRODUCTION 3 SCOPE OF SERVICES 3 SITE DESCRIPTION AND PROPOSED CONSTRUCTION 3 FIELD INVESTIGATION AND LABORATORY TESTING 4 GEOLOGY 4 Geologic Setting 4 Site Stratigraphy 4 SEISMICITY 5 Regional Seismicity 5 Seismic Analysis 5 2010 CBC Seismic Design Criteria 6 Geologic Hazard Assessment 6 GEOTECHNICAL EVALUATION 7 Compressible Soils 7 Expansive Soils 7 Groundwater 7 CONCLUSIONS AND RECOMMENDATIONS 7 GRADING AND EARTHWORK 8 Clearing and Grubbing 8 Structural Improvement of Soils 8 Transitions Between Cut and Fill 9 Method and Criteria of Compaction 9 Erosion Control 9 Standard Grading Guidelines 9 FOUNDATIONS AND SLABS 9 SETTLEMENT 10 PRESATURATION OF SLAB SUBGRADE 10 RETAINING WALLS 10 TEMPORARY SLOPES 11 TRENCH BACKFILL II DRAINAGE 12 FOUNDATION PLAN REVIEW 12 UMITAT/ONS OF INVESTIGATION i2 ADDITIONAL SERVICES 13 PLATES Plate 1- Location of Exploratory Boreholes Plate 2 - Summary Sheet (Exploration Borehole Logs) Plate 3 - uses Soil Classification Chart PAGE L-I, LABORATORY TEST RESULTS 16 REFERENCES 17 COASTAL LIVING 10/DIVERSIFIED DEVELOPMENT PROJECT NO. I2-II47G! INTRODUCTION This is to present the findings and conclusions of a limited geotechnical investigation for the proposed construction of a 10-unil residential complex to be located on the south side of Navarra Drive, in the City of Carlsbad, California. The objectives of the investigation were to evaluate the existing soils conditions and provide recommendations for the proposed development. SCOPE OF SERVICES The following services were provided during this investigation: O Site reconnaissance and review of published geologic, seismological and geotechnical reports and maps pertinent to the project area O Subsurface exploration consisting of four (4) test pits within the limits of the proposed area of development. The test pits were logged by our Staff Geologist. O Collection of representative soil samples at selected depths. The obtained samples were sealed in moisture-resistant containers and transported to the laboratory for subsequent analysis. O Laborat(3ry testing of samples representative of the types of soils encountered during the field investigation O Geologic and engineering analysis of the field and laboratory data, which provided the basis for our conclusions and recommendations O Production of this report, which summarizes the results of the above analysis and presents our findings and reconmiendations for the proposed development. SITE DESCRIPTION AND PROPOSED CONSTRUCTION The subject site is located on the south side of Navarra Drive, in the City of Carlsbad, California. The vacant property encompasses an area of 21,303 square feet. The lot slopes moderately to the north. An approximately 9-foot high fill slope runs along the south side of the parcel. Vegetation consisted of grass, shrub and a few trees. Site boundaries include Navarra Drive to the north, similar residential developments to the west and east and La Costa Golf Course to the south. The preliminary site plan prepared by O'Day Consultants of Carlsbad, Califomia indicates that the proposed construction will include a 10-unil residential complex. It is our understanding that the structures will be two and three-story, wood-framed and founded on continuous footings with slab- on-grade floors. Associated improvements will include a driveway, landscaping and other appurtenances. COASTAL LIVING 10/ DIVERSIFIED DEVELOPMENT PROJECT NO. I2-I147GI FIELD INVESTIGATION AND LABORATORY TESTING On December 7, 2012, four (4) test pits were excavated to a maximum depth of approximately 14 feet below existing grade with a Link Belt 225 trackhoe equipped with a 24-inch bucket. The approximate locations of the test pits are shown on the attached Plate No. I, entitled "Location of Exploratory Test pits". A continuous log of the soils encountered was recorded at the time of excavation and is shown on Plate No. 2 entitled "Summary Sheet". The soils were visually and texturally classified according to the filed identification procedures set forth on Plate No. 3 entitled "USCS Soil Classification". Following the field exploration, laboratory testing was performed to evaluate the pertinent engineering properties of the foundation materials. The laboratory-testing program included moisture and density, maximum dry density and optimum moisture content, particle size analysis and expansion index tests. These tests were performed in general accordance with ASTM standards and other accepted methods. Page L-l and Plate No. 2 provide a summary of the laboratory test results. GEOLOGY Geologic Setting The subject site is located within the southern portion of what is known as the Peninsular Ranges Geomorphic Province of Califomia. The geologic map pertaining to the area indicates that the site is underlain by sandstone/clay stone of the Santiago Formation (Tsa). Site Stratigraphy Fhe subsurface descriptions provided are interpreted from conditions exposed during the field investigation and/or inferred from the geologic literature. Detailed descriptions of the subsurface materials encountered during the field investigation are presented on the exploration logs provided on Plate No. 2. The following paragraphs provide general descriptions of the encountered soil types. Topsoil Topsoil is the surficial soil material that mantles the ground, usually containing roots and other organic materials, which supports vegetation. Topsoil obser\'ed in the test pits was approximately 6 inches thick and consisted of dark brown, silty sand that v,'as dry to moist, loose and porous in consistency with some organics (roots and rootlets). Slopewash tOsw) Slopewash was underlying the topsoil with a thickness ranging between approximately 6 and 11 feet. The material generally consisted of reddish brown, sand with silt and gravel that was dry to moist and loose to medium dense in consistency. COASTAL LIVING W/ DIVERSIFIED DEVELOPMENT PROJECT NO. 12-II47GI Santiago Formation (Tsa) Sandstone/claystone of the Santiago Formation was encountered below the slopewash. The material generally consisted of light-colored sandy clay that was moist and very stiff in consistency. SEISMICITY Regional Seismicity Generally, Seismicity within California can be attributed to the regional tectonic movement taking place along the San Andreas Fault Zone, which includes the San Andreas Fault and most parallel and subparalle! faults within the state. The portion of southern California where the subject site is located is considered seismically active. Seismic hazards are attributed to groundshaking from earthquake events along nearby or more distant Quaternary faults. The primary factors in evaluating the effect an earthquake has on a site are the magnitude of the event, the distance from the epicenter to the site and the near surface soil profile. According to the Fault-Rupture Hazard Zones Act of 1994 (revised Alquist-Priolo Special Studies Zones Act), quaternary faults have been classified as "active" faults, which show apparent surface rupture during the last 11,000 years (i.e., Holocene time). "Potentially-active" faults are those faults with evidence o f displacing Quaternary sediments between 11,000 to 16,000 years old. Seismic Analysis Based on our evaluation, the closest known "active" fault is the Rose Canyon Fault located approximately 10 kilometers (6.25 miles) to the west. The Rose Canyon Fault is the design fauU of the project due to the predicted credible fault magnitude and ground acceleration. The Seismicity of the site was evaluated utilizing deterministic methods (Eqseach/ Eqfault ver 3.0, Blake, 2008) for active Quaternary faults within the regional vicinity. The site may be subjected to a Maximum Probable Earthquake of 6.9 Magnitude along the Rose Canyon fault, with a corresponding Peak Ground Acceleration of 0.40g. The maximum Probable Earthquake is defined as the maximum earthquake that is considered likely to occur within a 100-year time period. The effective ground acceleration at the site is associated with the part of significant ground motion, which contains repetitive strong-energy shaking, and which may produce structural deformation. As such, the effective or "free field" ground acceleration is referred to as the Repeatable High Ground Acceleration (RHGA). It has been determined by Ploessel and Slosson (1974) that the RHGA is approximately equal to 65 percent of the Peak Ground Acceleration for earthquakes occurring within 20 miles of a site. Based on the above, the calculated Credible RHGA at the site is 0.0.26g. COASTAL LIVING 10/ DIVERSIFIED DEVELOPMENT PROJECT NO. 12-114701 2010 CBC Seismic Design Criteria A review of the active fault maps pertaining to the site indicates the existence of the Rose Canyon Fault Zone approximately 10 km to the west. Ground shaking from this fault or one of the major active faults in the region is the most likely happening to affect the site. With respect to this hazard, the site is comparable to others in the general area. The proposed residential complex should be desigaed in accordance with seismic design requirements of the 2010 California Building Code or the Structural Engineers Association of Califomia using the following seismic design parameters: PARAMETER VALUE 2010 CBC REFERENCE Site Class D Table 1613.5.2 Mapped Spectral Acceleration For Short Periods, 1.148 Figure 1613.5(3) Mapped Spectral Acceleration For a 1-Second Period, S, 0.432 Figure 1613.5(4) Site Coefficient, F^, 1.041 Table 1613.5.3(1) Site Coefficient, 1.568 Table 1613.5.3(2) Geologic Hazard Assessment Ground Rupture Ground rupture due to active faulting is not considered likely due to the absence of known fault traces within the vicinity of the project; however, this possibility cannot be completely ruled out. The unlikely hazard of ground rupture should not preclude consideration of "flexible" design for on-site utility lines and connections. Liquefaction Liquefaction involves the substantial loss of shear strength in saturated soils, usually sandy soils with a loose consistency when subjected to earthquake shaking. Based on the absence of shallow groundwater, type and consistency of the underiying bedrock materials, it is our opinion that the potential for liquefaction is very low. Landsliding There is no indication that landslides or unstable slope conditions exist on or adjacent to the project site. There are no obvious geologic hazards related to landsliding to the proposed development or adjacent properties. Tsunamis and Seiches The site is not subject to inundation by tsunamis due to its elevation and distance to the ocean. The site is also not subject to seiches (waves in confined bodies of water). COASTAL LIVING 10/ DIVERSIFIED DEVELOPMENT PROJECT NO. 12-11470! GEOTECHNICAL EVALUATION Based on our investigation and evaluation of the collected information, we conclude that the proposed constmction is feasible from a geotechnical standpoint provided the recommendations provided herein will be properly implemented during structural development. In order to provide a uniform support for the proposed structures, overexcavation and recompaction of the structural portions of the building pads will be required. The foundations may consist of reinforced continuous and/ or spread footings with reinforced concrete s!abs-on grade floors. Recommendations and criteria for foundation design are provided in the Foundation and Slabs recommendations section of this report. Compressible Soils Our field observations and testing indicate low compressibility within the sandstone/claystone of the Santiago Formation and part of the slopewash, which underly the site. However, loose topsoil and slopewash were encountered to a depth of approximately 3 feet below existing grades. These soils are compressible. Due to the potential for soil compression upon loading, remedial grading of these loose soils, including overexcavation and recompaction will be required. Following implementation of the earthwork recommendations presented herein, the potential for soil compression resulting from the new development has been estimated to be low. The low-settlement assessment assumes a well-planned and maintained site drainage system. Recommendations regarding mifigation by earthwork construction are presented in the Grading and Earthwork recommendations section of this report. Expansive Soils Expansion index tests were performed on representative samples of the slopewash and formational soils to determine volumetric change characteristics with change in moisture content. Expansion indexes of 3 and 77 were obtained respectively which indicate a very low to medium expansion potential for the subgrade soils. Groundwater Static groundwater was not encountered to the depths of the test pits. The subject site is located at an elevation of approximately 100 feet above Mean Sea Level. We do not expect groundwater to affect the proposed construction. Recommendations to prevent or mitigate the effects of poor surface drainage are presented in the Drainage section of this report. CONCLUSIONS AND RECOMMENDATIONS The following conclusions and recommendations are based upon the analysis of the data and information obtained from our soil investigation. This includes site recotmaissance; field investigation; laboratory testing and our general knowledge of the soils native to the site. The site is COASTAL LIVING 10/ DIVERSIFIED DEVELOPMENT PROJECT NO. 12-114701 suitable for the proposed residential development provided the recommendations set forth are implemented during construction. GRADING AND EARTHWORK Based upon the proposed construction and the information obtained during the field investigation, we anticipate that the proposed structures will be founded on continuous and/ or spread footings, which are supported by properly compacted fill. The following grading and earthwork recommendations are based upon the limited geotechnical investigation performed, and should be verified during constmction by our field representative. Clearing and Grubbing All areas to be graded or to receive fill and/or structures should be cleared of vegetation. Vegetation and the debris from the clearing operation should be properly disposed of off-site. The area should be thoroughly inspected for any possible buried objects, which need to be rerouted or removed prior to the inception of, or during grading. All holes, trenches, or pockets left by the removal of these objects should be properly backfilled with compacted fill materials as recorrunended in the Method and Criteria of Compaction section of this report. Structural Improyement of Soils Information obtained from our field and laboratoiy analysis indicates that loose topsoil and slopewash cover the site to a depth of approximately 3 feet below existing grade. These subgrade soils are susceptible to settlement upon loading. Based upon the soil characteristics, we recommend the following: * Subgrade soils to a minimum depth of 3 feet below existing grade should be completely removed from areas, which are planned to receive compacted fills and/or structural improvements. The bottom of the removal area should expose competent materials as approved by ECSC&E geotechnical representative. Prior to the placement of new fill, the bottom of the removal area should be scarified a minimum depth of 6 inches, moisture- conditioned within 2 percent above the optimum moisture content, and then recompacted to at least 90 percent relative compaction (ASTM D1557 test method). * Overexcavation should be completed for the structural building pads to a minimum depth of 2 feet below the bottom of the proposed footings. The limit of the required areas of overexcavation should be extended a minimum of 5 feet laterally beyond the perimeter footings (building footprints). * Soils utilized as fill should be moisture-conditioned and recompacted in conformance with the follovWng Method and Criteria of Compaction section of this report. The depth and extent of any overexcavation and recompaction should be evaluated in the field by a representative of ECSC&E. COASTAL UVING 10/ DIVERSIFIED DEVELOPMENT PROJECT NO. 12-114701 Transitions Between Cut and Fill The proposed stmctures are anticipated to be founded in properly compacted fill. Cut to fill transitions below the proposed stmctures should be eliminated during the earthwork construction as required in the previous section. Method and Criteria of Compaction Compacted fills should consist of approved soil material, free of trash debris, roots, vegetation or other deleterious materials. Fill soils should be compacted by suitable compaction equipment in uniform loose lifts of 6 to 8 inches. Unless otherwise specified, all soils subjected to recompaction should be moisture-conditioned within 2 percent over the optimum moisture content and compacted to at least 90 percent relative compaction per ASTM test method D1557. The on-site soils, after being processed to delete the aforementioned deleterious materials, may be used for recompaction purposes. Should any importation of fill be planned, the intended import source(s) should be evaluated and approved by ECSCE prior to delivery to the site. Care should be taken to ensure that these soils are not detrimentally expansive. Erosion Control Due to the granular characteristics of the on-site soils, areas of recent grading or exposed ground may be subject to erosion. During construction, surface water should be controlled via berms, gravel/ sandbags, silt fences, straw wattles, siltation basins, positive surface grades or other method to avoid damage to the finish work or adjoining properties. All site entrances and exits must have coarse gravel or steel shaker plates to minimize offsite sediment tracking. Best Management Practices (BMPs) must be used to protect storm drains and minimize pollution. The contractor should take measures to prevent erosion of graded areas until such time as permanent drainage and erosion control measures have been installed. After completion of grading, all excavated surfaces should exhibit positive drainage and eliminate areas where water might pond. Standard Grading Guidelines Grading and earthwork should be conducted in accordance with the standard-of-practice methods for this local, the guidelines of the current edition of the Uniform Building Code, and the requirements of the jurisdictional agency. Where the information provided in the geotechnical report differs from (he Standard Grading Guidelines, the requirements outlined in the report shall govern. FOUNDATIONS AND SLABS a. Continuous £Uid spread footings are suitable for use and should extend to a minimum depth of 24 inches below the lowest adjacent grade for the proposed two and three-story structures into the properly compacted fill soils. Continuous footings should be at least 18 inches in width and reinforced with four #4 steel bars; two bars placed near the top of the footings and the other two bars placed nejjr the bottom of the footings. Isolated or spread footings should have a minimum width of 24 inches. Their reinforcement should consist of a minimum of #4 bars spaced 12 inches COASTAL LIVING 10/DIVERSIFIED DEVELOPMENT PROJECT NO. I2-II47GI on center (each way) and placed horizontally near the bottom. The minimum reinforcement recommended is based on geotechnical considerations and is not intended to supercede the structiu-al engineer requirements. b. Interior concrete floor slabs should be a minimum 5-inch thick. Reinforcement should consist of #3 bars placed at 16 inches on center each way within the middle third of the slabs by supporting the steel on chairs or concrete blocks "dobies". The slabs should be underlain by 2 inches of clean sand over a 10-mil visqueen moisture barrier. The effect of concrete shrinkage will result in cracks in virtually all-concrete slabs. To reduce the extent of shrinkage, the concrete should be placed at a maximum of 4-inch slump. The minimum steel recommended is not intended to prevent shrinkage cracks. c. Where moisture sensitive floor coverings are anticipated over the slabs, the 10-mil plastic moisture barrier should be underlain by a capillary break at least 2 inches thick, consisting of coarse sand, gravel or crushed rock not exceeding 3/4 inch in size with no more than 5 percent passing the #200 sieve. d. An allowable soil bearing value of 2,000 pounds per square foot may be used for the design of continuous and spread foofings at least 12 inches wide and founded a minimum of 12 inches into properly compacted fill soils as set forth in the 2010 California Building Code, Table 1804.2. This value may be increased by 400 psf for each additional foot of depth or width to a maximum value of 4,000 lb/ft2. e. Lateral resistance to horizontal movement may be provided by the soil passive pressure and the friction of concrete to soil. An allowable passive pressure of 250 pounds per square fool per foot of depth may be used. A coefficient of friction of 0.35 is recommended. The soils passive pressure as well as the bearing value may be increased by 1/3 for wind and seismic loading. SETTLEMENT SeUlement of compacted fill soils is normal and should be anticipated. Because of the minor thickness of the fill soils anticipated under the proposed footings, total and differential settlements should be within acceptable limits. PRESATURATION OF SLAB SUBGRADE Due the granular characteristics of the foundation soils, presoaking of subgrade prior to concrete pour is not required. However, subgrade soils in areas receiving concrete should be watered prior to concrete placement to mitigate any drying shrinkage, which may occur following site grading. RETAINING WALLS Cantilevered retaining walls should be designed for an "active" lateral earth pressure of 35 psf/ft (35 pcf EFP) for approved granular and level backfill condhions. Where the wails support 2H:1V sloping backfill, the equivalent fluid pressure should be increased to 45 pcf Canfilever walls subject to uniform surcharge loads should be designed for an additional uniform lateral pressure equal to one- 10 COASTAL LIVING 10/DIVERSIFIED DEVELOPMENT PROJECT NO. I2-II47GI third (1/3) the anticipated surcharge pressure. An additional lateral earth pressure due to earthquake motions of 25 pcf (EFP) may be applied using an inverted triangular distribution if required. Restrained walls such as basement walls should be designed utilizing an "at-resf' earth pressure of 60 psf/ft (60 pcf E^FP) for approved granular and level backfill. Restrained walls subject to uniform surcharge loads should be designed for an additional uniform lateral pressure equal to one-half (1/2) the anticipated surcharge. For earthquake motions, an additional lateral earth pressure of 35 pcf (EFP) may be applied using an inverted triangular distribution if required. Soil design criteria, such as bearing capacity, passive earth pressure and sliding resistance as recommended under the Foundation and Slab Recommendations section, may be incorporated into the retaining wall design. Footings should be reinforced as recommended by the structural engineer and appropriate back drainage provided to avoid excessive hydrostatic wall pressures. As a minimum we recommend a fabric-wrapped crushed rock and perforated pipe system. At least 2 cubic feet per linear foot of free- drainage crushed rock should be provided. The remaining wall backfill should consist of approved granular material. This fill material should be compacted to a minimum relafive compaction of 90 percent as determined by ASTM D-I557 test method. Flooding or jeUing of backfill should not be permitted. Granular backfill should be capped with 18 inches (minimum) of relatively impervious fill to seal the backfill and prevent saturation. It should be noted that the use of heavy compaction equipment in close proximity to retaining structures can result in wall pressures exceeding design values and corresponding wall movement greater than that associated with active or at-rest conditions. In this regard, the contractor should take appropriate precautions during the backfill placement. TEMPORARY SLOPES For the excavation of foundations and utility trenches, temporary vertical cuts to a maximum height of 4 feet may be constructed in fill or natural soil. Any temporary cuts beyond the above height constraints should be shored or further laid back following a 1:1 (horizontal to vertical) slope ratio. OSHA guidelines for trench excavation safety should be implemented during constmction. TRENCH BACKFILL Excavations for utility lines, which extend under structural areas should be properly backfilled and compacted. Utilities should be bedded and backfilled with clean sand or approved granular soil to a depth of at least one foot over the pipe. This backfill should be uniformly watered and compacted to a firm condhion for pipe support. The remainder of the backfill should be on-site soils or non-expansive imported soils, which should be placed in thin lifts, moisture-conditioned and compacted to at least 90% relative compaction. 11 COASTAL LIVING 10/ DIVERSIFIED DEVELOPMENT PROJECT NO. 12-114701 DRAINAGE Adequate measures should be undertaken to properly finish grade the site after the structures and other improvements are in place, such that the drainage water within the site and adjacent properties is directed away from the foundations, footings, floor slabs and the tops of slopes via rain gutters, downspouts, surface swales and subsurface drains towards the natural drainage for this area. A minimum gradient of 1 percent is recommended in hardscape areas. For earth areas, a minimum gradient of 5 percent away from the structures for a distance of at least 5 feet should be provided. Earth swales should have a minimum gradient of 2 percent. Drainage should be directed to approved drainage facilities. Proper surface and subsurface drainage will be required to minimize the potential of water seeking the level of the bearing soils under the foundations, footings and floor slabs, which may otherwise result in undermining and differential settlement of the structure and other improvements. FOUNDATION PLAN REVIEW Our firm should review the foundation plans during the design phase to assure conformance with the intent of this report. During constmction, foundation excavations should be observed by our representative prior to the placement of fomis, reinforcement or concrete for conformance with the plans and specifications. LIMITATIONS OF INVESTIGATION Our investigation was performed using the skill and degree of care ordinarily exercised, under similar circumstances, by reputable soils engineers and geologists practicing in this or similar localities. No other warranty, expressed or implied, is made as to the conclusions and professional advice included in this report. This report is prepared for the sole use of our client and may not be assigned to others without the written consent of the client and ECSC&E, Inc. The samples collected and used for testing, and the observations made, are believed representative of site conditions; however, soil and geologic conditions can vary significantly between exploration trenches, boreholes and surface exposures. As in most major projects, conditions revealed by construction excavations may vary with preliminar)' findings. If this occurs, the changed conditions must be evaluated by a representative of ECSC&E and designs adjusted as required or alternate designs recommended. This report is issued with the understanding that it is the responsibility of the owner, or of his representative to ensure that the information and recommendations contained herein are brought to the attemion of the project architect and engineer. Appropriate recommendations should be incorporated into the structural plans. The necessar>' steps should be taken to see that the contractor and subcontractors carry out such recommendations in the field. The findings of this report are valid as of this present date. However, changes in the conditions of a property can occur with the passage of time, whether they are due to natural processes or the works of man on this or adjacent properties. In addition, changes in applicable or appropriate standards may occur from legislation or the broadening of knowledge. Accordingly, the findings of this report may 12 COASTAL LIVING 10/DIVERSIFIED DEVELOPMENT PROJECT NO. 12-114701 be invalidated wholly or partially by changes outside of our control. Therefore, this report is subject to review and should be updated after a period of two years. ADDITIONAL SERVICES The review of plans and specifications, field observations and testing under our direcfion are integral parts of the recommendations made in this report. If East County Soil Consultation and Engineering, Inc. is not retained for these services, the client agrees to assume our responsibility for any potential claims that may arise during constmction. Observafion and testing are additional services, which are provided by our firm, and should be budgeted within the cost of development. Plates No. 1 through 3, Page L-l and References are parts of this report. 4 >^/^>^0 *->r ff'^ V"--.^ V -"' s X'y'r'r/'f J *-* • r 4: 1 1 EAST COUNTY SOIL CONSULTATION & ENGINEERING. INC. 10925 HARTLEY RD.. SUITE I. SANTEE. CA 92071 (619) 258-7901 t^'^) 258-7902 COASTAL LIVING 10/ DIVERSIFIED DEVELOPMENT PROJECT NO. 12-114701 PLATE NO. 2 SUMMARY SHEET DEPTH Surface 0.5' 2.0' 3.0' 4.5' 5.0' 7.0' 7.5' 9.0' TEST PIT NO. 1 SOIL DESCRIPTION TOPSOIL dark brown, dry to moist, loose, porous, siltv sand with rootlets SLOPEWASH (Qsw) reddish brown, dry to moist, loose to medium dense, sand with silt becomes moist and medium dense abundant gravels SANTIAGO FORMATION (Tsa) light gray, moist to wet, medium dense to dense, sandstone/ claystone H ti ii .< bottom of test pit, no caving, no groundwater test pit backfilled and compacted with slieepsfoot roller 12/7/12 Y 119.7 131.3 105.9 M 5,6 8.5 15.4 DEPTH Surface 0.5' 3.0" 6.0' 8.0' 9.0' TEST PIT NO. 2 SOIL DESCRIPTION TOPSOIL dark brown, dry to moist, loose, porous, silty sand with rootlets SLOPEWASH (Qsw) reddish brown, dry. loose, sand with silt and gravel becomes moist and medium dense SANTIAGO FORMATION (Tsa) light gray, moist to wet, medium dense to dense, sandstone/ claystone bottom of test pit, caving in upper 3 feet, no groundwater test pit backfilled and compacted with sheepsfoot roller 12/7/12 Y 105.3 M 7.9 Y = DRY DENSITY IN PCF M - MOISTURE CONTENT IN % 14 COASTAL LIVING 10/DIVERSIFIED DEVELOPMENT PROJECT NO. I2-1I47G1 PLATE NO. 2 (Continued) SUMMARY SHEET TEST PIT NO. 3 DEPTH Surface 0.5' 4.0' 9.0' 11.0' DEPTH Surface 0.5' 3.0' n.O' 14.0' SOIL DESCRIPTION Y TOPSOIL dark brown, dry to moist, loose, porous, silty sand with rootlets SLOPEWASH (Qsw) reddish brown, diy to moist, loose to medium dense, sand with silt and gravel becomes moist lo wet and medium dense SANTIAGO FORMATION (Tsa) light reddish gray, moist, medium dense to dense, sandstone/ claystone bottom of test pit, no caving, no groundwater test pit backfilled and compacted with sheepsfoot roller 12/7/12 TEST PIT NO. 4 SOIL DESCRIPTION Y TOPSOIL dark brown, dry to moist, loose, porous, silly sand vvith rootlets SLOPEWASH (Qsw) reddish brown, dry to moist, loose to medium dense, sand with silt with gravel becomes moist to wet and medium dense SANTIAGO FORMATION (Tsa) light reddish gray, moist, medium dense to dense, sandstone/ claystone bottom of test pit, no caving, no groundwater test pit backfilled and compacted with sheepsfoot roller 12/7/12 M M Y = DRY DENSITY IN PCF M = MOISTURE CONTENT IN % 15 MAJOR DIVISWNS SYMBOL DSTCRIPTION GRAVELS (MORE THAN'/, OF COARSE FRACTION >N0, 4S1EVE SIZE) GW WELL GRADED GRAVELS OR GRAVEL- SAND MrXTURES. LtrrLE OR NO FINES GRAVELS (MORE THAN'/, OF COARSE FRACTION >N0, 4S1EVE SIZE) GP POORLY GRADED GRAVELS OR GRAVEL-SAND MIXTURES. LITTLE OR NO FINES COARSE GRAINED SOILS (MORE THAN Vi OF SOIL > NO. 200 SIEVE SIZE) GRAVELS (MORE THAN'/, OF COARSE FRACTION >N0, 4S1EVE SIZE) GM SILTY GR.-\VELS, GR.^VEL-SAND-SILT MIXTURES COARSE GRAINED SOILS (MORE THAN Vi OF SOIL > NO. 200 SIEVE SIZE) GRAVELS (MORE THAN'/, OF COARSE FRACTION >N0, 4S1EVE SIZE) GC CLAYEY CR.\VELS. CRAVEL-SAND-CLAY MIXTURES COARSE GRAINED SOILS (MORE THAN Vi OF SOIL > NO. 200 SIEVE SIZE) SANDS (MORE THAN '/j OF COARSE FR.\CTION < NO. 4 SIEVE SIZE) SW WELL GRADED SANDS OR GRAVELLY SANDS, LrniEORNO FINES COARSE GRAINED SOILS (MORE THAN Vi OF SOIL > NO. 200 SIEVE SIZE) SANDS (MORE THAN '/j OF COARSE FR.\CTION < NO. 4 SIEVE SIZE) SP POORLY GR.ADED SANDS OR GR-WELLY SANDS. LITTLE OR NO FINES COARSE GRAINED SOILS (MORE THAN Vi OF SOIL > NO. 200 SIEVE SIZE) SANDS (MORE THAN '/j OF COARSE FR.\CTION < NO. 4 SIEVE SIZE) SM SILTY SANDS. SiLT-SAND MIXTURES COARSE GRAINED SOILS (MORE THAN Vi OF SOIL > NO. 200 SIEVE SIZE) SANDS (MORE THAN '/j OF COARSE FR.\CTION < NO. 4 SIEVE SIZE) SC CLAYEY SANDS, SAND-CLAY MIXTURES FINE GR-AINED SOILS (MORE THAN '/i OF SOIL < NO. 200 SIEVE SIZE) SILTS & CLAYS LIQUID LIMIT <50 ML INORGANIC SILTS AND VERY FINE SANDS, ROCK FLOUR, SILTY OR CLAYEY FINE SANDS OR CLAYEY SILTS WITH SLIGHT PLASTICFTY FINE GR-AINED SOILS (MORE THAN '/i OF SOIL < NO. 200 SIEVE SIZE) SILTS & CLAYS LIQUID LIMIT <50 CL QsORGANiC CLAYS OF LOW TO MEDIUM PLASTICrrY. GR.'^VELLY CL\YS. SANDY CLAYS, SILTY CL-\YS. LEAN CLAYS FINE GR-AINED SOILS (MORE THAN '/i OF SOIL < NO. 200 SIEVE SIZE) SILTS & CLAYS LIQUID LIMIT <50 OL ORGANIC SILTS AND ORGANIC SILTY CL-\YS OF LOW PLASTICFTY FINE GR-AINED SOILS (MORE THAN '/i OF SOIL < NO. 200 SIEVE SIZE) SILTS & CLAYS LIQUID LIMFT > 50 MH IN'ORG.ANIC SILTS, MICACEOUS OR DUTO^L\C£OUS FINE SANDY OR SILTY SOILS. ELASTIC SILTS FINE GR-AINED SOILS (MORE THAN '/i OF SOIL < NO. 200 SIEVE SIZE) SILTS & CLAYS LIQUID LIMFT > 50 CH INORGANIC CLAYS OF HIGH PLASTICrtY, FAT CL.-\YS FINE GR-AINED SOILS (MORE THAN '/i OF SOIL < NO. 200 SIEVE SIZE) SILTS & CLAYS LIQUID LIMFT > 50 OH ORGANIC CLAYS OF MEDIUM TO HIGH PLASTICITY. ORGANIC SiLTY CL-J^YS. ORGANIC SiLTS HIGHLY ORG.ANIC SOILS Pt P£.\T AND OTHER HIGHLY ORGANIC SOILS CLASSIFICATION CHART (UNIFIED SOIL CLASSIFICATION SYSTEM) CLASSIFIC.VTION R.ANGE OF GR.AI> SIZES ST.A.NDARD GR.A1N SIZE IN SIEVE SIZE MILLIMETERS BOULDERS Above 12 Inches Above 305 COBBLES 11 inches To J Inches 305 To ~f>.Z CR.AVEL 3 Inches :o No. 4 76.2 :o 4.76 Coarse 3 Inches lo Inch 76.2 :o ;9.i Fine y. Inch to No. 4 19 1 LD-t -6 SA.ND No. 4 :o No. 200 4."6 :• 0.r4 Coarsu No. 4ioNa 10 4.76 ro 2.00 Medium No. 10 to No. JO 2.00 :o O.-12'J Fine No. 40 to No. ::oo 0,420 to 0,0"-l SILT AND CLAY Below No. 200 Below 0,074 GR.AIN SIZE CHART 1 • 1 1 \A 1 1 "Mi A \ \ lA i \/ \-\ X\ 1 \A IX 1 1 /ill! 1/1 y 1 \"'T 1 1 ! i i 3 ra :a :a 10 :a io 70 ja i PLASTICITY CHART EAST COUNTY SOIL CONSULTATION AND ENGINEERING, INC. 10925 HARTLEY ROAD, SUITE "1" SANTEE, CALIFORNIA giO"! i COASTAL ^IVING iO PROJECT ] PKOJECT :';0. U~iU7Gl PLATE NO. 3 I JAN. iO, 2013 U.S.C.S. SOIL CLASSIFICATION COASTAL LIVING JO/DIVERSIFIED DEVELOPMENT PROJECT NO. I2-1I47G1 PAGE L-l LABORATORY TEST RESULTS EXPANSION INDEX TEST (ASTM D4829) INITIAL MOISTURE SATURATED MOISTURE INITfAL DRY DENSITY EXPANSION CONTENT(%) CONTENT(%) (PCF) INDEX LOCATION 9.3 17.1 111.3 3 TP-2@3.0' 14.5 29.3 98.9 77 TP-2 @ 8.0' PARTICLE SIZE ANALYSIS (ASTM D422) U.S. Standard Percent Passing Percent Passing Percent Passing Sieve Size TP-3 @ 6,0' TP-4 @ 6.0' TP-2 @ 8.0' Slopewash Slopewash Santiago Formation 2" 1" - 100 - 1/2" -83 - 3/8" 100 77 - #4 99 63 100 ^8 95 40 99 U\6 81 17 98 m 48 8 96 U5Q 16 5 93 #100 8 4 87 #200 6 "» J 79 USCS SP-SM SW CL 16 COASTAL LIVING 10/DIVERSIFIED DEVELOPMENT PROJECT NO. 12-114701 REFERENCES 1. "Limited Geotechnical Investigation, Vista La Costa Residential Development, Parcel 2 of Certificate of Compliance Recorded August 27, 1984, as Document No. 84-325375, Gibraltar Street, APN 216-290-20, 21 & 216-290-47, Carlsbad, California 92009", Project No. 12-1147HK Prepared by Bast County Soil Consultation and Engineering, Inc., Dated April 24, 2012. 2. "2010 Califomia Building Code, California Code of Regulations, Title 24, Part 2, Volume 2 of 2". Published by International Code Council. 3. "Eqfault/ Eqsearch, Version 3.0", by Blake. T.F.. 2000, Updated 2008. 4. "Limited Site Investigation, Proposed 26-Unit Apartment Complex, North Side of La Costa Avenue, West of Romeria Street, City of Carlsbad, California", Project No. 01-114701(1), Prepared by East County Soil Consultation and Engineering, Inc., Dated June 9, 2001. 5. "'Geotechnical and Foundation Engineering: Design and Construction", by Robert W. Day, 1999. 6. "1997 Uniform Building Code. Volume 2, Structural Engineering Design Provisions", Published by International Conference of Building Officials 7. "Maps of Known Active Fault Near-Source Zones in California and Adjacent Portions of Nevada to be used with the 1997 Uniform Building Code", Published by International Conference of Building Officials. 8. "Geologic Maps of the Northwestern Part of San Diego County, California", Department of Conservation, Division of Mines and Geology, by Siang S. Tan and Michael P. Kennedy, 1996. 9. "Bearing Capacity of Soils, Technical Engineering and Design Guides as Adapted from the US Army Corps of Engineers, No. 7", Published by ASCE Press, 1994. 10. "Foundations and Earth Structures, Design Manual 7,2". by Department of Navy Nava! Facilities Engineering Command, May 1982, Revalidated by Change 1 September 1986. 11. "Ground Motions and Soil Liquefaction during Earthquakes", by H.B. Seed and I.M. Idriss, 1982, 17 ift LawyersTitle" Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (619) 209-3489 O'DAY CONSULTANTS 2710 LOKER AVE. WEST #100 CARLSBAD, CA 92010 Attn: KEITH HANSEN Title Officer: Sheila Hollander-So email: tu38@ltic.com Phone No.: (858) 650-3900 Fax No.: File No.: 313381699 Your Reference No: Property Address: Vacant Land, City of Carlsbad, California PRELIMINARY REPORT Dated as of May 3, 2013 at 7:30 a.m. In response to the application for a policy of title Insurance referenced herein. Lawyers Title - SD hereby reports that it Is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth In Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report Form - Modified (11-17-06) Page 1 File No: 313381699 SCHEDULE A The form of policy of title insurance contemplated by this report is: CLTA Standard Owners The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said estate or Interest at the date hereof is vested in: Coastal Living 10, LLC, a California Limited Liability Company The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form - Modified (11-17-06) Page 2 File No: 313381699 EXHIBIT "A' THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 40 OF LA COSTA - SOUTH UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6117, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1968. ASSESSOR'S PARCEL NUMBER: 216-170-19-00 CLTA Preliminary Report Form - Modified (11-17-06) Page 3 File No: 313381699 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 4 File No: 313381699 SCHEDULE B - Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2013-2014. B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of California. 1. Water rights, claims or title to water, whether or not disclosed by the Public Records. 2. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 3. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction Is permitted by applicable law, as set forth in the document Recording Date: lune 3, 1968 Recording No: 92491, of Official Records and Re-Recording Date: July 1, 1968 and Re-Recording No.: 110666, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recording Date: March 26, 1969 Recording No: 52717. of Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: January 10, 1972 Recording No: 5644. of Official Records 4. Matters contained in that certain document Entitled: Agreement between Leucadia County Water District and Property Owner Regarding Limited Availability of Sewer Service Recording Date: January 12, 1982 Recording No.: 1982-0007741, of Official Records Reference is hereby made to said document for full particulars 5. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. CLTA Preliminary Report Form - Modified (11-17-06) Page 5 File No: 313381699 6. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form - Modified (11-17-06) Page 6 File No: 313381699 REQUIREMENTS SECTION: Req. No. 1: In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties . but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Req. No. 2: The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Coastal Living 10, LLC a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company Is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. CLTA Preliminary Report Form - Modified (11-17-06) Page 7 File No: 313381699 INFORMATIONAL NOTES SECTION Note No. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party In any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 1980 Saturn Street, V03-012 Monterey Park, CA 91755 (800) 849-6466 ABA # 122000496 CREDIT TO: Lawyers Title - SD ACCOUNT #: 9101081355 RE: 313381699 PLEASE INDICATE Lawyers Title - SD TITLE ORDER NUMBER CLTA Preliminary Report Form - Modified (11-17-06) Page 8 File No: 313381699 Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. Note No. 4: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor: Agnes A. Trinidad, Trustee of the Trinidad Family Trust A, dated 3/21/88 Grantee: Coastal Living 10, LLC, a California Limited Liability Company Recording Date: February 26, 2013 Recording No: 2013-0122553. of Official Records Note No. 5: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Note No. 6: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: 216-170-19-00 Fiscal Year: 2012-2013 1st Installment: $1,713.15 2nd installment: $1,713.15 Exemption: None Shown Code Area: 09046 Processor: KB Date Typed: May 14, 2013 CLTA Preliminary Report Form - Modified (11-17-06) Page 9 File No: 313381699 ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (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 dnd aiso iaws and regulations concerning: • land use • improvements on the land • land division • 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 Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date—unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public recorcls. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 4. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. Attachment One (07/28/10) ATTACHMENT ONE (Continued) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters dre 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, ondindnce 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; (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 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 been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or 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. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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; 2. 3. 8. (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 material or to the extent insurance Is afforded herein as to assessments for street improvements under construction 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. 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 stale in which the land is situated. 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. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. SCHEDULE B, PARTI 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: 2. PART Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 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. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH 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) Any law, oniinance 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; (iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or 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 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 (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 material or to the extent insurance is afforded herein 7. as to assessments for street improvements under construction 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. 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. 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. 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 •ate of Policy the insured has advanced or is obligated to advance. 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 or 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 impart notice to a purchaser for value or a judgment or lien creditor The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 2. 3. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 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. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 5. 6. 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. (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. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENT ONE ^ (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, pennit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, (b) Any governmentdl police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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; 2. 3. 6. 7. (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 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. Invalidity or unenforceability In whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar credrtors' rights lavre, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. 2. 3. (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. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/28/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building 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, onjinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or 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 recoreted 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. 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 (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. 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. The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 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. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 5. 6. 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. (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. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/28/10) ATTACHMENT ONE ^ (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 limit the coverage provided under Covered Risk 8. 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; 4. 5. (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankmptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy fomn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing 4. 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 5. not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in 8. possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records, (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. Any lien or right to a lien for services, labor or material not shown by the Public Records- Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) 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 concerning: a. building b. zoning c. Land use d. improvements on Land e. land division f. environmental protection This Exclusion does not apply to violations 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 structures, or any part of them, to be constructed in acconjance 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. 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 frst occur after the Policy Date—this does not limit the coverage described in Covered Risk 7, 8.d., 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 oris. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14,15, 16, and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount 1.00% of Policy Amount or £2.500.00 (whichever is less) 1.00% of Policy Amount or S5.000.00 (whichever is less) 1.00% of Policy Amount or $5.000,00 (whichever is less) 1.00% of Policy Amount or $2.500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10.000.00 $25.000.00 $25.000.00 $5.000.00 Attachment One (07/26/10) ATTACHMENT ONE ^ (CONTINUED) ^ CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8,a., 14,15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws, LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16,18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: 1 % of Policy Amount Shown in Schedule A or $ 2,500,00 (whichever Is less) 1 % of Policy Amount Shown in Schedule A or $ 5,000.00 (whichever is less) 1% of Policy Amount Shown in Schedule A or $ 5,000,00 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $ 2,500.00 (whichever is less) $ 10,000,00 $ 25,000,00 $ 25,000.00 $ 5,000.00 Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (III) a separation in ownership or a change In the dimensions or areas 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 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. This exclusion does not limit the coverage provided under Covered Risks 12,13, 14 and 16 of this policy, (b) Any governmental 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 a Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12,13, 14, and 16 of this policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 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 damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under 2. 3. 6. 7. Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage, 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. 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, except as provided in Covered Risk 27, or any consumer credit protection or truth-in-lending law. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy Attachment One (07/26/10) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 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 modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 18. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 18, 17, 18, 19,20, 21,22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 28. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11, 7. Any lien on the Title for real estate taxes or assessments imposed by govemmental 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 structure, or any portion of it, to have been constructed before, on or after Date of Policy In accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. (J^ Lawyers Title Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (619) 209-3489 Order No.313381699 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC - Lawyers Title Company CLTIC - Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for 3 Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Piscount Mod. 10/21/2011 Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Page 1 of 2 Effective Date: 5/1/2008 Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access To Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current oolicv is to maintain customers' Personal Information for no less than vour state's reouired record retention requirements for the purpose of handling future coverage claims. For your protection, all reauests made under this section must be in writing and must include vour notarized signature to establish vour identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 \i4 5^;^ ^% 1 f 1 "l'T~ , i i ; ', ' i ; . i . . -T—T ' ! . ^ Ul 1" i J [ j 1 1 m-^ — < \ i 1 i : I i 1 •• 1 Sii^l i i i 1 i ! 1 , 1 ; i 1 1 1 ITHISMAPWASPREPAREDFfSlASSESSMENTPURPOSESONLY. NOUABIUTYIS MAP 15325 MAP 11310 MAP 9681 - MAP 7899 - MAP 7866 - MAP 7778 • MAP 7594 • CARLSBAD TCT NO 04-20 - CARLSBAD TCT NO 84-4 (CONDO) CARLSBAD TCT NO 79-13 (CONDO) • CARLSBAD TCT NO 73-6 - LOT 1 • CARLSBAD TCT NO 73-31 - LOT 1 • CARLSBAD TCT NO 73-19 - LOT 1 • CARLSBAD TCT NO 73-33 - LOT 1-3 ""^ CARLSBAD CITY OF FILE COPY Community & Economic Development v^ww.carisbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission 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, October 2, 2013, to consider a request for the following: CASE NAME: CT 13-02/PUD 13-04 - COASTAL 10 PUBLISH DATE: September 20, 2013 DESCRIPTION: Request for approval of a Tentative Tract Map and Planned Development Permit to develop a lO-unit multi-family residential air-space condominium project on a 0.49 acre infill site generally located on the south side of Navarra Drive, west of Viejo Castilla Way, and in Local Facilities Management Zone 6. The City Planner has determined that this project is exempt from the requirements of the California Environmental Ciuality Act (CEQA) pursuant to Section 15332 "In-Fill Development Projects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 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://carisbad.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 Greg Fisher in the Planning Division at (760) 602-4629, 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. If you 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 City 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. CITY OF CARLSBAD PLANNING DIVISION Planning Division '^•'^ 1635 Faraday Ave, I Carisbad, CA 92008 ! 760-602-4600 I 760-602-8558 fax PLANNING ISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because vour Interest may be affected, that the Planning Commission of the City of Carlsbad wIH bold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbod, California, at 6:00 p.m. on Wednes-day, October 2,2013, to consider the following; 1) CT 13T02/PUP 13^14 - COASTAL 10 - Request for approval of a Tentative Tract Mop and Planned Development Permit to develop a TO-unlt imrttl-famliy residentiol ofr-spoce condominium proiect ?J ° "'^'J^^ infl l site generally locatecL«wtWi south side of Navarra Drive, vrest of Vieio Castilla Way, and in Local Facilities ManagwnenMHM 6. The City Planner hos determined that this proi-ect (s exempt from the requirements oflSfcallfomla environmental QuoIIty Act (CEQA) pur-suant to Section 15332 •In-Flll Deveiopmew prolects' of the State CEQA Guidelines and will not have any adverse significant Impoct on the mvironment. 2} CUP 13-06 - SAN DIEGO PREMIER TRAINING - Request for a Conditional Use Permit to al-low San Dieao Premier Training to operate a specialty fitness gym In a vacant 4,312 square foot suite Ipcoted within on existing offlce/induitr'tal building on property located at 6451 El Camino Real, Irvthe P-M Zone and in Local Facilltleis Management Zone 5. The City Planner has deter-"P'r^In?' I"'^ protect is exempt from thejwulrements of the California Environmental Quality Act (CEQA) per Section 15301, "Existing- Fadftttles,' of the State CEQA Guidelines and Will not have ony adverse significant impact on tlii environment. A Notice of Exemption shalt be filed with the County Clerk upon approval of this proiect. i appro-a^roval estab- PROOF OF PUBLICATIO (2010 & 2011 CCP-) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and e of the County aforesaid: I am over th- eighteen years and not a party to or inte the above-entitied matter. I am the princ of the printer of UT - North County Formerly known as the North County T which newspaper has been adjudicat newspaper of general circulation by the Court of the County of San Diego, California, for the City of Oceanside and t Escondido, Court Decree numbers 1 172171, for the County of San Diego, notice of which the annexed is a printed in type not smaller than nonpariel), published in each regular and entire iss newspaper and not in any supplement t the following dates, to-wit: September 20*, 2013 4) CUP 90-03(D)/5DP 90-es(H)/CDP 13-05 - COSTCO COOLER ADDITION - Request for the appro-val of a Conditional Use Permit Amendment CUP 90^(0), oSlte Development Plan Amendment SDP 90-05(H), and a Coastal Development Perrrrtt CDP 13-05 to demolish o 1,240 square foot cool-er, add 2,324 square feet of new cooler area, and 1,813 square feet of receiving area to an existing 148,231 square foot COSTCO Wholesale bulldinffon property looted ot95l Palomar Alrpoi-t Road within the Mello 11 segment of the Local Qxutal Program ohd In Local Facilities Monoiement ^ , , , , . Ii, „r „ Zones. The City Planner hasdettirmined WKit this proiect isexOTpt frwi the roquireme T CerttfV for dec are) under pena ty or pi California Environmental Quality Act (CJEQA) pursuant to Section 1S301 "Existing FacU 1 v-ciuiy u^\-iait; uiivjv-' y i ^ the state CEQA Guidelines and will not h^te any adverse sianifleoht Impact on the envlrc the foregoing is true and correct. THIS protect is not located within the appealableorea of the canfomla coastal commission. Dated at Oceanside, Californi; day September 20' If you challenge these protects 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 correspond^ce de-livered to the City of Carlsbad at or prior to the public hearing. Copies of the environmentol documents are available at the Planning Division at 1635 Faroctay Avenue during regular business hours from 7:30 am to 5:30 pm Monday through Thursday ond 8:00am to5:00 pm Friday. Those persons wishing to speak on these proposals are cordlaily Invited to attend the public hear-ing. Copies of the staff reports will be available online at http://carlsbad.granicus.com/ViewPubl isher.phP?view id=i on or after the Friday prior to the heorlng dote. If you have any questions, please call the Pranning Division at (7«)) 602-4600. 3) CUP 8(A) - THE WOMAN'S CLUB OP CARLSBAD - A request fdr a recommendation o1 vat to rescind a Special Use Permit granted by City Council OrdlfKmce No. 9117 and the of an amendment to Conditional Use Permit 8 tCUP 8) for the Woman's Club of Carlsbad llsh additional restrictions on the use of property located at 3Xt0 Monroe Street, between Bosswood Avenue and Linda Lane in the R-1 zone and located In Local Facilities Management Zone 1- The City Plonner has determined thot this proiect Is exempt from the requirements of the Ca Ifomla Environmental Quality Act (CEQA) per Section 15301, -Existing Facilities- of the State CEQA Guidelines and will not have any adverse significant Impoct on the environment. ties- of envlrc nment. Jane Allshouse NORTH COUNTY TIMES Legal Advertising CITY OF CARLSBAD PLANNING DIVISION pub 9/20/13 CITY OF CARLSBAD Community &E Economic Development www.carlsbadca.gov EARLY PUBLIC NOTICE PROJECT NAME: Coastal 10 PROJECT NUMBERS: CT 13-02/PUD 13-04 This early public notice is to let you know that a Tentative Tract Map and Planned Development Permit application to allow the construction of 10 air-space residential condominiums within your neighborhood has been submitted to the City of Carlsbad on May 13, 2013. The project application is undergoing its initial review by the City. LOCATION: Generally located on the south side of Navarra Drive bacl<ing to the La Costa golf course, and west of Vieja Castilla Way. The vacant land is bordered on both sides by existing multi-family residences. PROJECT DESCRIPTION: Construct 10 residential condominium units each with a two car garage. 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 Greg Fisher, Assistant Planner at greg.fisher@carlsbadca.gov, 760-602-4629, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 1 NOTICE OF EXEIVIPTION P D L [1 © KmestDroneiihure. Jr. Recorder Coum\ Clerk To: SD County Clerk From: CITY OF CARLSBAD Attn: James Scott Planning Division NOV 05 2013 1600 Pacific Highway, Suite 260 1635 Faraday Avenue Q M@Z3 PO Box 121750 Carlsbad, CA 92008 DEPUTY San Diego, CA 92101 (760)602-4600 Subject: Filing of this Notice of Exemption Is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: a 13-02/PUD 13-04 - COASTAL 10 Project Location - Specific: Located on the south side of Navarra Drive, west of Vieio Castilla Way Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Request for approval of a Tentative Tract Map and Planned Development Permit to develop a 10-unit multi-family residential air-space condominium proiect on a 0.49 acre infill site. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Brian Merritt Name of Applicant: Coastal Living 10. LLC Applicant's Address: 7668 El Camino Real. Suite 104-108. Carlsbad. CA 92009 Applicant's Telephone Number: 951-691-0544 Exempt Status: {Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: 15332 - In-Fill Development Proiects \Z\ Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: The Citv Planner has determined that the proiect belongs to a class of proiects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Proiects) Class 32 Categorical Exemption of the State CEQA Guidelines. The proiect is consistent with the General Plan as well as with the Zoning Ordinance, the proiect site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses: there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the proiect will not result in significant effects relating to traffic, noise, air quality, or water quality: and the site can be adequately served bv all required utilities and public services. Lead Agency Contact Person: Greg Fisher Telephone: 760-602-4629 //-•/-/-/ DON NEU, City Planner Date Date received for filing at OPR: Revised 05/13 FILED iN THE OFPiCc CF Th-E COUNTY CLERK NOV 0 5 2013 San Dieyu wvur. , „ , Posted NOV 0 5 .^01^ Re:rioved_ DEC 1)3 ^013 RfitumedtQaoencvon flFn H fi ?ni.^ Deputy_GJ^/leza A o FILE COPY ^ CARLSBAD Community & Economic Development w/ww.cartsbadca.gov NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT 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 12/31/2013 Application #: CDP 13-25 Filing Date: December 31. 2013 Case Name: 4419 Park Drive Decision Date: December 4. 2013 Applicant: Phil Gaitaud Agent (if different): Address: PO Box 28696. San Diego. CA 92198-06961 Address: Phone: 858-451-8280 Phone: Project Description: Allow for the construction of a new 3,780 square foot single family residence and attached three car garage. Project Location: 4419 Park Drive. 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: ^ 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 Coastal 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 following 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 of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carisbad, California 92008. ^ Planning Division L^I^J 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax NOTICE OF EXEMPTION TO: SD County Clerk Pifw nf rarleKSW CITY OF CARLSBAD p Q t 1 © Attn: James Scott Vliy Ul V^dl IdUtlVI planning Division KmeuJ Dronenbufg, Jr.RecorderCountj Cle* 1600 Pacific Highway, Suite 260 1635 Faraday Avenue PO Box 121750 OEC 2 4 2013 carisbad, CA92008 NOV 2 0 Z013^ San Diego, CA 92101 (760)602-4600 DUGRaS Planning Division ^ clPiJW Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: CDP 13-10-GARFIELD BEACH RESIDENCE Project Location - Specific: 2637 - 2643 Garfield Street Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Request for approval of a Coastal Development Permit to allow for the demolition of an existing two-unit residential apartment building and the construction of a new 3.156 square foot single family residence. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: Sam Wright Name of Applicant: Wright Design Applicant's Address: 2911 State Street. Suite N, Carlsbad. CA 92008 Applicant's Telephone Number: 760-720-7631 Exempt Status: {Check Orie) • Ministerial {Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: 15301(0(1) and 15303 n Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: Section 15301(l)(l) of CEQA Guidelines (Class 1) exempts the demolition of a duplex or similar multi-family residential structure and Section 15303 of CEQA exemptions (Class 3) exempts the construction of single family residences in urbanized areas from environmental review. Lead Agency Contact Person: Greg Fisher Telephone: 760-602-4629 DON NEU, City Planner Date Date received for filing at OPR: Revised 05/13 FILED IN THE OPPiCE OF THE COUNTY CLERK San Diego Coor% on '^^^ Posted tJOV ZQ ^Removed DEC2Q 2Q13 Returnedtcagerwjn DuOnaS "t^^- 2 0 2013 y^c.Tyo/" •FILE V CARLSBAD Community & Economic Development www.carl5badca.gov July 8, 2013 Coastal Living, LLC Attn: Brian Merritt 7668 El Camino Real, Suite 104-280 Carlsbad, CA 92009 SUBJECT: CT 13-02/PUD 13-04 - COASTAL 10 - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION AND TARGET HEARING DATE CEQA Determination: This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: ^ The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for In-Fill Development - Section 15332. No environmental review is required for the project. 13 A Notice of Exemption will be filed after approval of the project 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 September 2, 2013. Therefore, in the interest of achieving that hearing date, all remaining project issues must be addressed by July 11, 2013. 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 withdrawal, please contact Greg Fisher at 760-602-4629 or by email at greg.fisher@carlsbadca.gov. DON NEU, AlCP City Planner DN:GF:sm c; Chris DeCerbo, Principal Planner Steven Bobbett, Project Engineer File Copy . -».Data Entry Planning Drvision 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CONSULTA/^NTS Civil Enpneering • Surveying July 11,2013 Mr. Greg Fisher City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: CT 13-02/PUD 13-04 - Coastal 10 CEQA AppUcabiUty/Target Hearing Date Dear Mr. Fisher: We have received the City's response letter dated July 8,2013 to our application for the project referenced above. The letter states that all project issues must be addressed by July 11, 2013 or a fonnal request for an extension must be made. Please accept this letter on behalf of my client. Coastal Living LLC, as a request for a 90 day application extension. Please feel free to contact me with any questions or concerns. Very truly yours, O'DAY CONSULTANTS, INC. Keith Hansen Project Manager cc: Brian Merritt O'Day Conwittanta Inc. E-maS: oday@0d3ycon5ultants.com 2710 Loker Awnue West. Suite 100 Website: www.odayconsuttants.com CaristMd. Califomia 92010 6609 Tel: 760.931 7700 Fax: 760.931.8680 C I T CARLSBAD Hoti^^ino & hie-iir-l ^'t \ • www.carlsbadca.gov June 11, 2013 Keith Hansen O'Day Consultants 2710 Loker Avenue West, Suite 100 Carlsbad, Ca. 92010 Re: Coastal Living LLC 10 unit project on Navarra Drive Dear Mr. Hansen: Thank you for your proposal dated December 5,2012 regarding your client's request to purchase housing credits in an offsite combined housing developnnent to satisfy the inclusionary obligation for the Coastal Living LLC 10 unit proposed project on Navarra Drive (APN 216-170-19). Based on your correspondence, the property owner intends to build 10 condominium homes and has determined it is not feasible to construct the low income affordable units on site. As requested, the Housing Policy Team did review and give serious consideration to your proposal and related arguments on December 17, 2012, and then determined that It could support your proposal to purchase housing credits from the City of Carlsbad to satisfy the inclusionary requirement for said project. It should be noted, however, that the matter must still be considered by the City Council and approved. As I indicated in my email to you dated January 15, 2013, the Housing Policy Staff team, however, will recommend approval of the purchase of credits. Please note that if you satisfy your requirement offsite, and build 10 homes on the proposed property on Navarra Drive, you will be required to purchase two (2) housing credits total. The builder must purchase those credits within the Cassia Heights Affordable Apartment project. The current price for those housing credits in Cassia Heights is $57,465. Your client, however, wilt be required to pay the credit price in effect at the time of purchase (building permit). The credit price is scheduled to increase by the percentage of CP! each year (typically revised in September). Therefore, depending on when your client pulls the building permits, the credit price will most likely be higher than it is today. The appropriate conditions will be set forth within the approving resolutions for the subject project. Once the Planning Commission has taken action to approve your project and assuming the Commission accepts the purchase of credits as the appropriate means for satisfying the K. Hansen June 11, 2013 Page 2 inclusionary ordinance, our office will process an affordable housing agreement for your client's signature and then present said agreement to the City Council for approval to purchase credits. If you have questions regarding this correspondence or the Housing Policy Team's position of support, please contact my office at (760) 434-2935. SiiTcerely, Deoole Fountain Housing and N^^borhood Ser^^ces Director CITY OF CARLSBAD Police Department www.carlsbadca.gov Date: May 17, 2013 To: Planning Tracking Desk- Planning Department From: J. Sasway, Crime Prevention Specialist, Carlsbad Police Department Subject: CT 12-02/PUD 13-04-Coastal 10 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, construaion, 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 1. 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. 2. Design the placement of persons and or activities to maximize surveillance possibilities. 3. Design lighting that provides for appropriate nighttime illumination of walkways, entrances and driveways. Natural Access Control 1. Use walkways, pavement, lighting and landscaping to clearly guide guests to and from selected entrances. 2. Use real or symbolic barriers tike fences or landscaping to prevent and or discourage access to or from dark and or unmonitored areas. Provisions for territorial reinforcement 1. Use pavement treatments, landscaping and fences to define and outline ownership or property. Lighting 1. Equip building on all sides with light fixtures. 2. All types of exterior doors should be illuminated during the hours of darkness. 3. Install lights on the building in the eaves to illuminate the perimeter of the buildings. 4. Choose light Fixtures with dawn to dusk sensors or timers not motion sensors. Landscaping 2560 Orion Way, Carlsbad, CA 92010-7240 T 760-931-2100 F 760-931-8473 1. Plan a landscaping design that enhances surveillance and security. 2. Tree canopies should be no lower than six (6) feet and should not allow access to roofs or balconies. 3. Ensure landscaping plan does not deter from lighting and addressing. 4. Plant only low profile shrubs that can be maintained below two (2) feet. 5. Use security plants where necessary to prevent entering and tampering. 6. Install walls and fences that are see-through and enhance surveillance. 7. Install lockable gates that allow surveillance. Addressing 1. Locate numerals where they are clearly visible from the front street 2. Contrast the numeral's color to the background on which it is affixed. 3. Numerals shall be no less than four (4) inches in height and illuminated during the hours of darkness. Entrances 1. Design front entrances to provide vision from the front door to the front access street. 2. Keep entranceways clear of clutter. Doors 1. Do not use of glass within 42 inches of a locking device. 2. 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. 3. Install wooden doors of solid core construction with a minimum thickness of one and three-fourths (1-3/4) inches. 4. Provide a double door inactive leaf with metal fiush bolts having a minimum embedment of five-eighths (5/8) of an inch into the header and footer of the doorframe. Strike Plates 1. Reinforce all deadbolt strike plates. Choose Strike plates constructed of a minimum 16 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 1. Arrange entrance doors so that the occupant has a view of the 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 fioor. Windows and sliding glass doors 1. 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. 2. Ensure windows have security features preventing the window from being forced to slide or rise. 3. Consider security glazing. Alarm system 1. When considering an alarm system, consider a verified system. 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 iodee.saswayg) carlsbadca.gov www.carlsbadca.gov CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MAY 14. 2013 PROJECT NO(S): CT 13-02/PUD 13-04 REVIEW NO: 1 PROJECT TITLE: COASTAL 10 APPLICANT: COASTAL LIVING 10, LLC/B H MERRITT TO: Land Development Engineering • Public Works (Storm Drain) - Clayton Dobbs Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko El Fire Department - Greg Ryan • Public Works (Water) - Jase Warner Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Mike Bliss • School District • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management n Public Works Department (Design) - Bill Plummer • Caltrans (Send anything adjacent to 1-5) •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, by 6/3/13. If you 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 immediately contact the applicant and/or their representatives fvia phone or e-mail) to let them know. coMME°NTS: /• QTH^&N A^t^-T lA^T Tn Ois/^U?P. 2- iH-lTsF PO A/or Affm/t To GmfitUT^ AS "cA7<^/fitr-ifr'' unfits wo "oifi/^^rzeD Gsyvifli^^^^ ^unn ci^Ttn /f-A- • Signature PLANS ATTACHED Review & Comment 03/13 Keith Hansen From: Debbie Fountain [Debbie.Fountain@carlsbadca.gov] Sent: Tuesday, January 15, 2013 4:54 PM To: Keith Hansen Cc: Brian Subject: RE: Inclusionary Housing - APN 216-170-19 Sorryj Keith. We did get the OK from the Housing Policy Team to support the purchase of credits for the project. My list of things to do includes: "send Keith and Brian a letter telling them the team supports the purchase of credits". I will still send you a formal letter. But, you can use this email approval for now. :-) Thanks, Debbie Original Message From: Keith Hansen [mailto:KeithhiSodayconsultants.comi Sent: Thursday, January 16, 2013 10:21 AM To: Debbie Fountain Cc: Brian Subject: FW: Inclusionary Housing - APN 216-170-19 Debbie, I haven't heard anything back on this. Were you able to determine that the affordable housing requirements for the project described in the enclosed letter will be able to be met through the purchase of credits? Thanks, Keith Keith Hansen O'Day Consultants 760-931-7700x203 Original Message From: Keith Hansen Sent: Wednesday, December 05, 2012 4:03 PM To: 'Debbie Fountain' Cc: 'Brian' Subject: Inclusionary Housing - APN 216-170-19 Debbie, Please find the enclosed letter requesting the ability to satisfy the affordable housing requirements offsite for the project we discussed on Monday. Let me know if there is anything else you need. Thanks, Keith Keith Hansen O'Day Consultants Ac.,., • • FiLECOFf V(CARLSBAD Community & Economic Development www.carlsbadca.gov PLANNING COMMISSION NOTICE OF DECISION October 3, 2013 Keith Hansen, O'Day Consultants 2710 Loker Avenue West #100 Carlsbad, CA 92010 SUBJECT: CT 13-02/PUD 13-04 - COASTAL 10 At the October 2, 2013 Planning Commission meeting, your application was considered. The Commission voted 5-0 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 of Carlsbad 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 Greg Fisher at (760) 602-4629 or Rreg.fisher@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:GF:bd c: Data Entry File enc: Planning Commission Resolution No. 7012 Planning Division 1635 Faraday Avenue, Carlsbad, CA92008-7314 T 760-602-4600 F 760-602-8559 ® j% • • FILECOP^ C'S'f^ CITY OF V CARLSBAD Community & Economic Development www.carlsbadca.gov September 10, 2013 Keith Hansen, O'Day Consultants 2710 Loker Avenue West #100 Carlsbad CA 92010 SUBJECT: CT 13-02/PUD 13-04 - COASTAL 10 The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, September 18, 2013, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on September 23, 2013. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. 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: !• Unmounted colored exhibit(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. If the 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 exhibit(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, Greg Fisher at (760) 602- 4629. Sincerely, DON NEU, AlCP ^ r City Planner ^ ^ ^ DN:GF:bd File Copy Steve Bobbett, Project Engineer Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® <^c,Tvop ^ ^ a FILE y CARLSBAD Community & Economic Development wvvw.carlsbadca.gov August 21, 2013 Coastal Living LLC Brian Merritt 7668 El Camino Real, 104-280 Carlsbad, CA 92009 SUBJECT: CT 13-02/PUD 13-04 - COASTAL 10 Your application has been tentatively scheduled for a hearing by the Planning Commission on October 2, 2013. However, for this to occur, you must submit the additional items listed below. If the required items are not received by September 16, 2013, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 10 copies of your (site plans, tentative map, landscape plans, building elevation plans, floor plans) on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One 834" x 11" copy and a PDF version of your reduced plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. C) Please provide full size un-mounted color exhibits that include a site plan and at least two separate building elevations (front and rear required) and a PDF version of the colored exhibits. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners, including all forms of interval ownership, within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List - (Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ^ |:tl32rf*iU^ 13-04 - COAS^ 10 «Jv(ui2b,^3 Page 2 C) Mailing Labels - If the number of owners within the 600 foot radius is 1,000 or greater, a display advertisement in two papers of general circulation will be placed in lieu of direct mailing and labels will not be required to be submitted. If the number of owners within the 600 foot radius is less than 1,000, please submit two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Labels should be prepared in ALL CAPS using block or sans serif typeface. A sample label is as follows: ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. In the case of ownership list that is 1,000 or greater, the fee is equal to the current cost of publishing an 1/8 page ad in two newspapers of general circulation. Cash, check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, Greg Fisher Assistant Planner Attachment c: File I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: ^4f'c7::r ^ a FILE V CARLSBAD Community & Economic Development www.carlsbadca.gov August 15, 2013 Coastal Living LLC Brian Merritt 7668 El Camino Real, Suites 104-280 Carlsbad, CA 92009 SUBJECT: CT 13-02/PUD 13-04 - COASTAL 10 Dear Brian, Your project was deemed complete on June 10, 2013. There are no outstanding issues and the project has been tentatively scheduled for Planning Commission on October 2, 2013. Please contact me at (760) 602-4629, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, GREG FISHER Assistant Planner GF:sm c: File Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ^^CARLSBAD RLE COPY Community & Economic Development www.carlsbadca.gov August 7, 2013 Coastal Living LLC Brian Merritt 7668 El Camino Real, 104-208 Carlsbad, CA 92009 SUBJECT: CT 13-02/PUD 13-04 - COASTAL 10 Dear Brian, Your project was deemed complete on June 10, 2013. After reviewing your re-submittal dated July 23, 2013, there are a few issues of concern with the project that remain to be resolved. The issues are listed on the attached page(s). Alt issues will need to be resolved prior to scheduling the project for a public hearing. Please contact me at (760) 602-4629, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, Greg Fisher Assistant Planner GF:fn Don Neu, City Planner Steven Bobbett, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® UD 13-04 - COASTAL 10 013 ISSUES OF CONCERN Planning: 1. Regarding the location of visitor parking, on-street visitor parking is permitted on a public street along the abutting side and portion of any existing public street that is contiguous to the project boundary pursuant to Section 21.45.060 (C.7) of the CMC. However, as shown on Sheet A.l, two of the required visitor parking spaces are incorrectly shown on the opposite side of Navarra Drive. Please revise the plans (sheet A-1) to comply with the on-street location requirements for visitor parking on a public street. 2. Please correct the site plan keynote number 3. It should reference the drive-aisles enhanced decorative pavement pursuant to Section 21.45.060 (C.5) of the CMC. This was previously identified in the issues letter dated June 10, 2013 as issue item 3(d). 3. Please provide a pedestrian walkway route along both sides of the drive-aisle providing a clear path of travel from the street to each of the dwelling unit's front doors. This can be accomplished by differentiating the color of the enhancement payment within the drive-aisle and pedestrian walkways. 4. Please provide the approximate square footage of the enclosed community pool/spa recreational space. 5. Please revise the alley type entrance shown on the architectural drawings to match the standard driveway approach shown on the civil drawings. 6. Please include both City assigned project numbers (CT 13-02/PUD 13-04) on the plans. <c9l>c,TvoF •rlLt V<CARLSBAD Community & Economic Development www.carlsbadca.gov June 11, 2013 Kraemer Land Company, Inc. 101 South Kraemer Boulevard, Suite 136 Placentia, CA 92870 SUBJECT: 2nd REVIEW FOR CT 13-01/PUD 13-03 - BUENA VISTA 11 Dear Applicant, Thank you for your second submittal. The following issues with the project need to be resolved. The issues are listed on the attached page(s). All issues will need to be resolved prior to scheduling the project for a public hearing. Please contact me at (760) 602-4629, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, GREG FISHE1 Assistant Planner GF:sm Attachments: Engineering redlines c: Constantino Medina, Jr., 2448 Flametree Road, Vista, CA 92083 Robert Reynolds, 1819 Jamaica Way, Vista, CA 92081 Don Neu, City Planner Tecia Levy, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CT 13-6i7PUD 13-03 - BUENA VISTA 11 June 10, 2013 Page 2 ISSUES OF CONCERN Planning: 1. Please use the City's originally assigned project name (Buena Vista 11) on all plans including the Tentative Map and Landscape plan. 2. Within the General Notes (Item 7) on Sheet Cl, please provide the correct lot size range, 7,511 SF to 10,550 SF. 3. Please identify which lots will be meeting the project's Inclusionary Housing requirements by providing Second Dwelling units. Engineering: A) Site Plan: 1- Indicate that an encroachment agreement will be required for the proposed turfstone shown within Buena Vista Way right-of-way. Locate the flow line in the turfstone at the ultimate gutter location. 2. Please show an additional 20 feet wide public utility easement within lot 5 to allow for future water and sewer connection for future development of the adjacent property (see location on the red-lined site plan). 3. Please provide a preliminary soils report that identifies site soil, geologic conditions and provides preliminary grading recommendations. 4. Comply with all other comments shown on red-lined plans. B) Hydrology Report: 5. The narrative on page 9 of the hydrology report regarding hydromodification should be included in the SWMP report and not in the hydrology report. On page 9, it is incorrectly stated that Buena Vista Lagoon is a tidalty influenced and therefore is exempt from hydromodification requirements. Buena Vista Lagoon is not a tidally influenced lagoon. I mentioned in our previous meetings, this project is potentially exempt from hydromodification requirement. The city is currently conducting a study to evaluate if Buena Vista Lagoon can be considered as a stabilized conveyance. Assuming that the Buena Vista Lagoon study is completed and approved, this project is exempt from hydromodification requirement. However, the preliminary SWMP report must still include a section regarding hydromodification compliance with a narrative explaining why this project is exempt and appropriately reference the City study when completed. 6. Provide details of the outlet structure for the ChamberMaxx Storage system showing location of orifice/weir for 100-year flow. 7. Comply with all other comments shown on the red-lined preliminary hydrology report. CT 13-01/PUD 13-03 - BUENA VISTA 11 June 10, 2013 Page 3 C) SWMP Report: 8. The project is proposing to use Katchall, Purestream Bio-filtration System as the treatment BMP for the majority of the site, including 9 of the 11 proposed lots and the proposed private street. Only 4 lots are being treated with bioretention systems. The Katchall is considered a high rate media filter with an infiltration rate of 181.8 inches/hour (see attached specifications from the manufacturer). Table 2-3 on page 25 of the city SUSMP (see attached) indicates that higher-rate media filters have low efficiency in treating pollutants that tend to dissolve such as nutrients and have medium efficiency in treating pollutants that tend to associate with fine particles such as oil and grease, pesticides, bacteria, organic compounds. Per the city SUSMP (page 26), lack of space, in itself, is not a suitable justification for using less-effective treatment on a development site because the site design can be altered to accommodate appropriate and effective BMPs. Less-effective treatment is typically used as part of treatment train, used in conjunction with other treatment BMP such as bioswales, or used In Infill projects where more effective treatment BMPs are not feasible. Please revise and provide effective treatment BMP to the maximum practicable extent. Provide adequate justification in the SWMP report if less-effective treatment BMP is proposed. 9. The SWMP report must include a section regarding hydromodification. Indicate how this project complies with hydromodification requirements. Include HMP Applicability Determination Flow Chart, Figure 2-1 on page 30 of the city SUSMP (see attached). See also item 4 comment above regarding hydromodification. 10. The preliminary soils report must include design recommendations for the proposed stormwater treatment BMPs and detention system. 11. Comply with all other comments shown on the red-lined preliminary SWMP report. C) Resubmittal: 12. Please submit the following documents in the next review submittal: a) 1 copy of the revised preliminary site plan b) One copy each of the revised SWMP, hydrology report c) One copy of preliminary soils report d) 2nd review redlined plans and ail red-lined reports Landscaping: REPEAT COMMENTS 1. Completed. 2. Please show and label the following on the plans: a) Property lines, right-of-ways, drainage elements, utilities, etc. 2"^ Review: Please correct the property /me ond show and label property imes and right-of-way on all sides of the project. CT 13-01/PUD 13-03 - BUENA VISTA 11 June 10, 2013 Page 4 b) All existing and proposed easements. 2"'' Review: Please show and label all existing and proposed easements. Insure no trees are located within public easements. c) Completed. 3-7 Completed. 8. Please show and label all bio-swales/detention basins or underground drainage collection systems (in or under planting areas that could impact the planting) and provide appropriate landscaping. 2"^ Review: Please show bio retention basin locations per civil plans with appropriate landscaping. 9. Please provide a copy of the latest civil grading plans with the next submittal for cross checking. 10. Please address the following for all vehicular sight lines: a) The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. b) On collector streets and larger, landscape elements over 30 inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. c) At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. d) Ensure that landscape elements at interior private driveway intersections do not obstruct sight lines, so that circulation and pedestrian safety can be maintained. 2"^* Review: Where trees are located within vehicular sight lines, they will need to have tree canopies raised to a height of 6' above the paved surface to allow views. Trees located within these sight lines will need to be of a size/height that will allow this pruning (15 gallon and 24" box size will be destroyed if limbs are removed to this height and are not of a large enough size). Please address. Lavandula dentata 'Goodwin Creek Gray' grows to 3'. Please provide a substitute that will stay below 30" where located within sight lines. 11. Completed. 12. The Landscape Manual indicates that landscaping shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. It further indicates that evergreen plants shall be used to screen unsightly elements and shall be spaced to provide 100% screening within two (2) years of installation. Please coordinate modifications to the plans to allow landscaping along the south retaining wall to screen and soften the wall from adjacent property views. 13. Completed. 14. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Please address. 2"^ Review: Please odd this note to the plans. 15. Completed. CT 13-01/PUD 13-03 - BUENA VISTA 11 June 10, 2013 Page 5 16. Completed. 17. Street trees shall be located: a) A minimum of seven (7) feet from any sewer line. b) In areas that do not conflict with public utilities. c) Outside of sight distance areas. d) Deleted. 18. Completed. 19. Please provide a detail of all walls and fences proposed for the project indicating materials, finishes and heights. 2"*^ Review: Please address the walls, including retaining walls. 20. Please indicate the proposed water use for all areas. Provide a colored or hatched plan clearly showing whoro rocyclod water, graywator and potable water aro proposed to bo used for irrigation. Irrigation systems for all projects, oxcopt for service to a single family rosidonco or front yard irrigation on individually motored condos, shall bo designed to use non potable, treated rocyclod water, unless an oxomption is approved by the City Utilities Dopartmont. There must be a physical separation (wall, concrete mow curb, etc.) between potable and rocyclod water usos. 2"*^ Review: Please indicate that all irrigation will use potable water. 21. Completed. 22. Please provide complete calculations showing how the MAWA and ETWU totals were achieved using the following formulas: MAWA = (ETo)(0.62)[(0.7 x LA) + (0.3 x SLA)] +SLA 2"" Review: Please revise the calculations using an Eto of 44. 23. Completed. 24. Please add tho following notes to the plans and show how those requirements are mot: Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 - Cover Crop/Re info reed Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. CT 13-01/PUD 13-03 - BUENA VISTA 11 June 10, 2013 Page 6 Reinforced straw matting shall be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2 - Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3 - Low Shrubs Low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shalt cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4 - Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes - 6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when they have one or more of the following conditions; a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 2"'^ Review: It appears that this slope may be 3' high and requires standards 1 and 2. Please address. 25. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) on the next submittal. NEW COMMENTS lA. Please clarify where the edge of the street paving will be along Valley Street and Buena Vista Way and also clarify the proposed landscaping. Plans appear to show a hatch symbol consistent with plantings for slope standards 1 and 2 (as shown on sheet 4). Is this area to be provided with erosion control fabric and be planted with a ground cover? If this is the turf stone per civil plans, Cotoneaster does not seem appropriate as vehicles may cross/park in this area. This will destroy Cotoneaster. Please provide details for the turf stone with appropriate plantings (grasses?) that will support vehicular parking and crossing. Provide plans that clearly show the edge of paving, turf stone, etc. CT 13-01/PUD 13-03 - BUENA VISTA 11 June 10, 2013 Page? 2A. Standard 2 requires a ground cover to be installed at size and spacings to cover within 1 year. Please revise the spacing to 12" on center If using flats. 3A. It is recommended that this area (outside of the fence) be HOA maintained as the adjacent property owner may neglect it since it is outside of his yard. 4A. Please address how these rear slope areas are maintained with a 5' wall in the way. 5A. Please coordinate the project title with other plans (The Enclave). Fire Department: Please contact Gregory Ryan directly for Fire comments. L'fi <C'»|> CITY OF ViCARLSBAD Community & Economic Development www.carlsbadca.gov June 10, 2013 Coastal Living LLC Brian Merritt 7668 El Camino Real, Suite 104-280 Carlsbad, CA 92009 SUBJECT: 1st REVIEW FOR CT 13-02/PUD 13-04 - COASTAL 10 Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Tentative Tract Map and Planned Development Permit, application nos. CT 13-02/PUD 13-04, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this 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 of this communication. At this time, the City asks that you provide four 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 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, 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: Steven Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Gregory Ryan, Fire inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:GF:sm Attachments: Landscape Red-lines; Building Review Memo Planning Division 1635 Faraday Avenue. Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CT 13-02/PUD 13-04 - COASTAL 10 June 10, 2013 Page 2 c: Don Neu, City Planner Steven Bobbett, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry CT 13-02/PUD 13-04 - COASTAL 10 June 10, 2013 Page 3 ISSUES OF CONCERN Planning: 1. Pursuant to the City's Inclusionary Housing Ordinance, Chapter 21.85 of the CMC, 15% of the total units approved shall be constructed and restricted both as to occupancy and affordability to lower-income households. Accordingly, for this proposed condominium project, which includes 10 market rate DUs, two inclusionary DUs are required. However, pursuant to Section 21.85.070 of the Carlsbad Municipal Code, alternatives to the construction of Inclusionary units may be approved at the sole discretion of the City Council. Please submit any correspondence you may have had between yourself and the Housing Policy Team regarding this matter and fulfilling the project's inclusionary housing requirements. 2. Please have alt plans (site plan, engineering and landscape plans) show the north arrow In the same direction. Please reverse the tentative map/grading plan to be consistent with the site plan and landscape plan. 3. Please provide the following information which was omitted from the site plan: a. Dimension alt required setbacks on the site plan. b. Dimension the required drive-aisle width. c. Dimension all Intrusions into required building setbacks (i.e. Unit Nos. 1, 5, 6, 7, & 10 decks/balconies) as it is not clear if some of the proposed decks/balconies are encroaching into the required setbacks. Therefore, provide the distance from property lines to each encroachment. d. Show enhanced paving (color and material) throughout the drive-aisle as required pursuant to Section 21.45.060 (C.5) of the CMC. Add enhanced paving to the site plan keynotes. e. Label and dimension the visitor parking spaces both on and off-site. f. Keynote item Nos. 6, 8, 11, and 12 are missing. Please remove them if they are not to be provided on the plans. g. Correct the number of required parking spaces within the general notes on page A-0 from 20 to 23. 4. Please identify the building materials on the elevation drawings and label alt architecture design elements. 5. Please provide the project title (Coastal 10) at the top of Sheet A-0 to be consistent with the Land Use Review Application. It currently says "Navarra Condominiums". 6. Please correct the unit numbers shown on Sheets L-l and L-2 of the landscape plan as they are not In numeric order. 7. As a reminder, the maximum building height is limited to the vertical distance measured from existing grade or finished grade, whichever is lower, at all points along the building coverage up to a warped plane located at a height, above all points along the building coverage, that is equal to the height limit of the underlying zone (40 feet per PD Ordinance). As demonstrated on the plans, it appears that the height was measured from finished grade only. Please correct the eleyation drawings so that they clearly reflect the maximum height measured from existing CT 13-02/PUD 13-04 - COASTAL 10 June 10, 2013 Page 4 grade or finished grade whichever is lower. You may find the Carlsbad Building Height definition within Zoning Ordinance Section 21.04.065 of the C.M.C. 8. Provide a letter from Waste Management of North County indicating that trash sen/ice can be provided for the project and explain how it will be picked up (private drive-aisle, curb side, etc.). 9. Please provide the building materials for all exposed proposed walls. 10. Please dimension and provide the square footage for each patio, deck or balcony. As a reminder, to comply with the Private Recreational Space requirement within Section 21.45.080 (E.8) of the CMC, each dwelling unit must provide a patio, deck, balcony, etc., with a minimum area of 60 square feet and a minimum dimension of six feet. Some of the decks and patios do not appear to meet these minimum requirements. Engineering: "TENTATIVE MAP FOR COASTAL 10" SHEET 1 of 3: 1. Add CT 13-02 and PUD 13-04 as project numbers. 2. Revise the ownership to show Coastal Living 10 as owner per title report dated May 3, 2013. 3. Add the State Map Act condominium statement. 4. Add the proposed unit numbers to the Key Map. SHEET 2 OF 3: None SHEET 3 of 3: 1. Add the proposed unit numbers. 2. Show the P-1 vehicle turning radius template for the unit in the southeast corner [Unit 7] and the unit adjacent to the south boundary [Unit 6]. 3. Clarify the width of the bioretention areas shown on Sections A-A and B-B to be 5' minus the width of the retaining wall. Modify section, or add a note to discuss how the width of the footings will not adversely impact the installation and functioning of the bioretention basin. Also, provide a letter from a soils engineer and/or structural engineer discussing how the retaining walls can be designed to accommodate their location adjacent to a bioretention area. 4. Add the ponded water surface elevations per 'Detail - Bioretention Area' on sheet 2 to Sections A-A and C-C. CT 13-02/PUD 13-04 - COASTAL 10 June 10, 2013 Pages 5. Section B-B although not to scale should more clearly represent that the toe of slope elevation of approximately 81 and the finish floor elevation is 74.9 result In a six foot high 'stem wall'. 6. Move Section B-B to the west or add a Section D-D just to the west of Section B-B to illustrate the maximum 'stem wall' height of 8.6' where the exterior FS elevation of 81.8 is adjacent to the FF elevation of 73.15 7. Include the horizontal width of the proposed D-75 ditch when Illustrating the toe of slope In Section B-B and Section D-D [if added]. 8. Section C-C although not to scale should more clearly represent that the ponded water surface elevation of 73.7 in the bioretention area is approximately three feet above the adjacent finish floor elevation of 70.8. 9. Show the existing wood fence shown on sheet LI along the west boundary and add to Section C- C. 10. Add the existing offsite concrete ditch along the west boundary to the site plan and to Section C- C. 11. Add the existing D-25 curb outlet to the site plan. 12. provide a profile along the west property line showing the vertical relationship between the existing concrete ditch, the top of the proposed retaining wall and the bioretention basins. 13. Provide a profile along the east property line showing the vertical relationship between the existing offsite finish grade, the offsite walls shown perpendicular to the property ling, the top of the proposed retaining wall and the bioretention basins. 14. Show the existing wood fence and the proposed wood fence shown on sheet LI along the east boundary and add to Section A-A, 15. Show the existing water meter box to be removed. 16. Show the existing water service to be disconnected at the water main and abandoned In place. 17. Show a proposed irrigation water service and meter location. 18. Show a proposed fire service connection location. 19. Identify the small rectangular 'riser' in the parkway east of the proposed driveway and specify Its disposition. 20. Please revise the driveway to show a SDRSD G-14 Type A for contiguous sidewalk appropriate for use with low and medium-use driveways. The alley type driveway shown is appropriate for commercial or high-use residential (ADT greater than 500) driveways. In addition, there are no alley type driveways serving similar developments in the vicinity. CT 13-02/PUD 13-04 - COASTAL 10 June 10,2013 Page 6 STORM WATER: 1. The Preliminary SWMP submitted is satisfactory for this discretionary review. The California Regional Water Quality Control Board has approved a new Municipal Permit that governs storm water designs for this project. This project will be required to satisfy the most current storm water standards per the city's Standard Urban Stormwater Management Plan (SUSMP) or Water Quality Improvement Plan (WQIP) when adopted, and state water quality regulations. The final version of the new Municipal Permit is not available for review as this is written. Landscaping: Please make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1. The plan shall demonstrate that plants, when Installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. On collector streets and larger, landscape elements over 30 Inches in height (including planting measured at maturity) as measured from adjacent street grade are not permitted at street corners within a triangular zone drawn from two points, 25 feet outward from the beginning of curves. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. Please show and label the 25' vehicular sight triangles (in addition to the sight lines already shown) and insure no conflicts. 2. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be Identified on the plan individually as to caliper size and type and labeled to be retained or removed. 3. Avoid planting trees and large shrubs above or near sewer laterals, water mains, meter boxes and other utilities. These trees may need to be relocated depending on final water line installations from the water meters. Please review. 4. The Landscape Manual requires that landscaping shall enhance and be compatible with the positive character of existing neighborhoods and Carlsbad as a whole. The predominant existing street tree along this portion of Navarra Drive is the Queen Palm. The Landscape Manual also indicates that trees shall be selected from the approved tree replacement list identified in Chapter 6 of the Carlsbad Community Forest Management Plan, unless approved otherwise. Liquidambar is not included in this list. Queen Palm is listed. Given these requirements and that the proposed Liquidambar have relatively aggressive roots, please revise the street trees to Queen Palm to provide street scene continuity. 5. The Landscape Manual requires landscaping to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. The Landscape Manual also indicates that landscaping shall be used to accentuate and enhance architecture. Plantings to include trees and shrubs are needed along the east and west sides of the project to soften CT 13-02/PUD 13-04 - COASTAL 10 June 10, 2013 Page? and enhance the building elevations. Please address and coordinate with bio-retention basins as appropriate to insure no conflicts. 6. Calllstemon citrinus 'VIolaceus' grows to a height of 6' per Sunset Western Garden. This is insufficient to soften the multi-story building elevations. Please provide larger trees along the rear (south) elevations to provide better softening and enhancement. 7. Please indicate the height, materials and finishes of all fencing/walls and provide conceptual details/elevations for review. 8. Please revise water use calculations using .55 for shrub spray systems or provide documentation supporting the use of .71. 9. Please sign and date the declaration. 10. The plan shall provide that only low volume or subsurface Irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area. Please address. 11. Please add the following notes to the plans and insure all requirements are met (It appears that standard #2 Is not met for the rear slope: Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 - Cover Crop/Reinforced Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shalt be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2 - Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3 - Low Shrubs Low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4 - Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. CT 13-02/PUD 13-04 - COASTAL 10 June 10, 2013 Page 8 Slopes - 6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require a minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed In lieu of a cover crop), #2 and #3. c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 12. The water use plan has been forwarded to Carlsbad Municipal Water District for review. Any comments will be returned to the applicant. 13. RETURN REDUNES and provide 2 copies of all plans (concept and water conservation) for the next submittal. Fire Department: See separate attachment