HomeMy WebLinkAboutCT 15-09; QUARRY CREEK PA R-4 EAST; Tentative Map (CT),,. .. ,, ..-----------------------------
Ccityof
Carlsbad
APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
D Coastal Development Permit(•) D Minor
D Conditional Use Permit (•)
D Minor D Extension
D Day Care {Large)
D Environmental Impact Assessment
D Habitat Management Permit D Minor
D Hillside Development Permit (') D Minor
D Nonconforming Construction Permit
0 Planned Development Permit D Minor
0 Residential D Non-Residential
D Planning Commission Determination
D Site Development Plan
D Special Use Permit
D Minor
D Tentative Parcel Map (Minor Subdivision)
[l] Tentative Tract Map (Major Subdivision)
D Variance D Minor
PVOl'?('o
~lc:j~
D General Plan Amendment
D Local Coastal Program Amendment (·)
D Master Plan
D Specific Plan
D Zone Change n
OAmendment
OAmendment
D Zone Code Amendment
South Carlsbad Coastal Review Area Permits
D Review Permit
D Administrative D Minor D Major
VIiiage Review Area Permits
D Review Permit
D Administrative D Minor D Major
(') = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICAllON MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).: 167-040-21, 167-040-11 ------------------------------------
PROJECT NAME: Quarry Creek -Planning Area R-4
BRIEF DESCRIPTION OF PROJECT: Quarry Creek Planning Area R-4 is comprised of two areas: R-4A, which is the easterly parcel; and R-4B, which is the westerly parcel.
R-4A proposes 150 condominium units in 2-and 3-stoi:y buildings; R-4B proposes 56 single-family lots
BRIEF LEGAL DESCRIPTION: Lot 4 of Carlsbad Tract CT. 11-04, Map No. 16038, within the City of Carlsbad, County of San Diego, State of California, recorded July 10, 2015
LOCATION OF PROJECT: North end of the ultimate west end of Marron Road
ON THE:
BETWEEN
P-1
North
(NORTH, SOUTH, EAST, WEST)
N/A
(NAME OF STREET)
SIDE OF
AND
STREET ADDRESS
Marron Road, west of its current terminus
(NAME OF STREET)
N/A
(NAME OF STREET)
Page 1 of 6 Revised 12/13
OWNER NAME
(Print): Presidio Cornerstone QC, LLC
MAILING ADDRESS: 4366 Exeoutlve Drive, Suite 600
CITY, STA TE, ZIP: San Diego, CA 92121
TB.B'HONE: 868-468-9700 ------------e.l A IL ADDRESS: urk@c3.bz --=-----------
APPLICANT'S REPRESENTATIVE (Prtnt): Jack Robson
APPLICANT NAME (Prtnt): Comersto.ne Communities
MAILING ADDRESS: 4366 Exeoutlve Drive, Butte 600
CITY, STATE, ZIP: San Diego, CA 92121
TELEPHONE: 868-468-9700 -----------EM A IL ADDRESS: Jrobson@oomerstoneoommunlfles.oom
______ ___. _______________ _
MAILING ADDRESS: 4365 Executive Drive, Suite 600
CITY, STATE, ZIP: San Diego, CA 92121
TELEPHONE: 858-468-9700 ----------------------------EM A IL ADDRESS: Jrobson@oomerstoneoommunltles.oom
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF lllE
APPLICANT AN THAT Al.I. THE ABOVE INFORMATION IS TRUE AND
CORRECT E BEST OF MY KNOWLEDGE.
SIGNA
IN THE O ESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSI RS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATIO , I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RE ICTION: PROPERTY OWNER ACKNOWLEOOES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED O E TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT, NOTICE OF RESffilCTIONS RUN WITH
THE LAND AN BIN SUCCESSORS IN INTEREST.
PR OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Page 2 of8
AUG 2 I 2015
CITY c,: C1\l,LS8AD
PL/\i\~,\J!:'·-1
;·, ~-lJ1\/JS'.ON
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 12/13
-, .....
..,.. __________ _,,,,_,.,"---------------':,,,,-' ------------..
Ccityof
Carlsbad
PROJECT DESCRIPTION
P-1(B)
PROJECT NAME: Quarry Creek -Planning Area R-4
APPLICANT NAME: Cornerstone Communities
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary,
Description/Explanation:
Quarry Creek Planning Area (PA) R-4 is comprised of two areas: R-4A, which is the easterly
parcel; and R-4B, which is the westerly parcel.
Quarry Creek PA R-4 is seeking approval for a Tentative Map and a Planned Development
Permit for the following:
R-4A Parcel /East) -150 Condominiums
-48 condominium units comprised of 24 2-story duplex buildings
-102 condominium units comprised of 34 2-story tri-plex buildings
R-4B Parcel (West) -56 Single-Family Lots
-56 single-family detached, fee simple lots. Each lot will have a minimum of 3,120 square feet
with a 2-story building.
Total number of proposed dwelling units: 206
The proposed project is designed in accordance with the approved Quarry Creek Master Plan,
Master Vesting Tentative Map CTl 1-04, and pending Master Plan Amendment.
P-1(8) Page 1 of 1 Revised 07/10
Indemnification and Insurance Requirement for Village Area Administrative Permit
Certification Statement:
I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true
and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject
project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of
Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or
caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or
the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability
was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a
Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which
has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class
VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City.
I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The
notice shall be delivered to:
City Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad
The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business
is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for
the subject of this ermit on the public sidewalk. I understand that an approved administrative permit shall
remain in effect fo s Ion outdoor displays are permitted within the Village Review Area and the permittee
remains in compli LLLUO<ti'Ubject approved permit.
Date: __ 8........_\\_e,_~1~S ___ _
Certification Statement:
I Certify that I am the Legal Property Owner for the subject business location and that all of the above
information is true and correct to the best of my knowledge. I support the applicant's request for a permit to
place the subject property on the public sidewalk. I understand that an approved administrative permit shall
remain in effect for long as outdoor displays are permitted within the Village Review Area and the permittee
remains in complian e wit·la'1Ja,ci'lsubject approved permit.
Date: _ _,e;;...._.\...:-'ei:=:.\4,-'-IS,,__ ___ _
P-1 Page 3of6 Revised 12/13
{'cicyo f
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
I
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
P-1(A)
APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corpo~ate officers. (A
separate page may be attached if necessary.)
Person Ure R. Kretowicz Corp/Part Cornerstone Communities Corp.
Title CEO Title --------------
Address 4365 Executive Dr., #600 Address 4365 Executive Dr., #600
San Diego, CA 92121 San Diego, CA 92121
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 publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person. __________ _
Title ___________ _
Address _________ _
corp/Part Presidio Cornerstone QC, LLC
Title Owner
Address 4365 Executive Dr., #600
San Diego, CA 92121
Page 1 of 2 Revised 07/10
.. ,;..._..::..... _____________________ _
.i ~···--c· .... iih:r·· t:· ···:l:L.J O .
C: · :~-'.t~1-~½as: · ·d• · · .. -· .-CJJ __ ]Jo.U -.. -_ .. _.
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
To address post-development pollutants that may be generated from development projects, the City requires that new development and
significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project
design per. the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards
(Volume 4, Chapter 2).
Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision,
discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that
must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to
'Standard Stormwater Requirements' or be subject to additional crite ria called 'Priority Development Project Requirements'. Many
aspects of project site design are dependent upon the storm water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has
responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire
was Incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, .this will result in the return
of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please
seek assistance from Land Development Engineering staff.
A separate completed and signed questionnaire must be submitted for each new development application submission. Only one
completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently.
In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits
for the project.
Please start by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
To determine if your project is a priority development project, please answer the following questions:
1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet
the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or
other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from
paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in
accordance with USEPA Green Streets uidance?
2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are
designed and constructed in accordance with the USEPA Green Streets guidance?
YES NO
X
X
If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is
NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my
project does not meet PDP requirements" and complete applicant information.
If you answered "no· to both uestions, then o to Ste 2.
E-34 Page 1 of 3 Effective 6/27 /13
. Ci~iu nf arhiliad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Developm ent Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
To determine if your project is a priority development proj ect, please answer the following questions:
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively
over the entire project site? This includes commercial, industrial, residential, mixed-use, and public
develo ment ro ·ects on ublic or rivate land.
2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire
project site on an existing site of 10,000 square feet or more of impeNious surface? This includes commercial,
industrial, residential, mixed-use, and ub!ic develo ment ro ·eels on ublic or rivate land.
3. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared
foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared
foods and drinks for immediate consum lion.
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of Impervious surface
collectively over the entire project site and supports a hillside development project? A hillside development
project includes development on any natural slope that is twenty-five percent or greater.
5. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a parking lot. A parking lot is a land area or facility for the
fem ora arkin or stora e of motor vehicles used ersona/1 for business or for commerce.
6. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a street, road, highway freeway or driveway? A street,
road, highway, freeway or driveway is any paved impervious surface used for the transportation of
automobiles, trucks, motorc c!es, and other vehicles.
7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of
impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive
Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less
from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the
ro ·ect to the ESA i.e. not com min /es with flows from ad'acent lands . *
8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a
facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013,
5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development that supports a retall gasoline outlet (RGO)? This category includes RGO's
that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of
100 or more vehicles er da .
10.1s your project a new or redevelopment project that results in the disturbance of one or more acres of land and
are expected to generate pollutants post construction?
YES
X
X
X
NO
X
X
X
X
X
X
X
11. ls your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of X
impervious surface or (2) increases impervious surface on the property by more than 10%?
If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to
implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such
as source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with your
application(s) for development. Go to step 3 for redevelopment projects .. For new projects, go to step 4 at the end of this
questionnaire, check the "my project meets PDP requirements" box and complete applicant information.
If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to
implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all
development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to step
4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant
information.
E-34 Page 2 of 3 Effective 6/27 /13
0 STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than
50% of the surface area of the reviousl existln deve!o ment?
If you answered "yes," the structural BMP's required for Priority Development Projects apply only to the creation or replacement of
impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and
complete applicant information.
If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development. Go to step 4,
check t he "m ro·ect meets PDP re uirements" box and com lete a licant informat ion.
IB] My project meets PRIORITY DEVELOPMENT PROJECT (PDP} requirements and must comply with additional stormwater
criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application.
I understand flow control (hydromodification} requirements may apply to my project. Refer to SUSMP for details.
0 My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per
the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project.
Applicant Information and Signature Box
Address: End of existing Marron Road. Accessor's Parcel Number(s): l67_O40_11 _21
'
Applicant Name: Cornerstone Communities App. llcan~le: l , J, Ce,ve.J .t if P La.NL P CJ\i\.t~ ~,
Date: 1 · i :f · I 5
This Box for City Use Only
City Concurrence: YES NO
By:
Date:
Project ID:
* Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d} impaired water bodies; areas
designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the
San Diego Basin (1994} and amendments}; water bodies designated with the RARE beneficial use by the State Water Resources
Control Board (Water Quality Control Plan for the San Diego Basin (1 994} and amendments}; areas designated as preserves or their
quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copermittees.
E-34 Page 3 of 3 Effective 6/27/13
{'city of
Carlsbad
EIA INFORMATION
FORM
P-1 (D)
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbad ca .gov
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e., Environmental Impact Report, Mitigated Negative
Declaration, Negative Declaration or Exemption) will be required to be prepared for your
application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's
Municipal Code. The clarity and accuracy of the information you provide is critical for purposes
of quickly determining the specific environmental effects of your project.
Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are
necessary to substantiate a "no impact" or "yes impact" determination should be
submitted as an attachment to this Environmental Information Form. This is especially
important when a Negative Declaration is being sought. The more information provided in this
form, the easier and quicker it will be for staff to complete the Environmental Impact
Assessment Form -Initial Study.
P-1(0) Page 1 of 4 Revised 07/10
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number(s): _______________________ _
General Information
1. Name of project: Quarry Creek -Planning Area R-4
2. Name of developer or project sponsor: Cornerstone Communities
Address: 4365 Executive Drive, Suite 600
City, state, Zip Code: San Diego, CA 92121
Phone Number: 858-4 58-9700
3. Name of person to be contacted concerning this project: _J_a_c_k_R_o_b_s_o_n _____ _
Address: 4365 Executive Drive, Suite 600
City, State, Zip Code: San Diego, CA 92121
Phone Number: 858-4 58-9700
4_ Address of Project: North of the ultimate westerly terminus of Marron Road
Assessor's Parcel Number: 167-040-21 & 167 -040-11
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:
Master Vesting Tentative Map CT11-04
6. Existing General Plan Land Use Designation: _R_M_H ____________ _
7. Existing zoning district: PC (underlying zone RD-M)
8. Existing land use(s): _Q_u_a_rry ___________________ _
9. Proposed use of site (Project for which this form is filed): Multi-family attached
condominium and single-family detached lot development
Project Description
10. Site size: 18.278 Acres
Proposed Building square footage: Approximately 340,000 SF
Number of floors of construction: 2-story buildings
11.
12:
13.
14.
P-1(0)
-------------------
Amount of off-street parking provided: _4_2_8 _______________ _
Associated projects: Quarry Creek VTM CT 11-04
Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: _2_0_6_u_n_it_s ____ _
SFR Plan 1, 18 units, 1,746 SF; SFR Plan 2, 19 units, 1,815 SF; SFR Plan 3, 19 units, 1,920 SF
Duplex Plan 1, 24 units, 1,385 SF; Duplex Plan 2, 24 units, 1,418 SF
Triplex Plan 1, 34 units, 1,486 SF; Triplex Plan 2, 34 units, 1,616 SF; Triplex Plan 3, 34 units, 1,825 SF
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ____________________ _
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
N/A
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _______ _
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
N/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 D 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D 0
roads.
22. Change in pattern, scale or character of general area of project. D 0
23. Significant amounts of solid waste or litter. D 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D 0
27. Site on filled land or on slope of 10 percent or more. 0 D
See approved Mass Grading Plan DWG 484-SA
D 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, D 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0
31. Relationship to a larger project or series of projects . 0 D One planning area within the overall Master Plan for Quarry Creek
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.
Site exists in a sheet-graded condition, according to Mass Grading Plan DWG 484-SA.
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.
Surrounding property is natural open space.
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 abi y, and that the facts, statements, and
information presented are true and correct to the best of my knowl dge 'ef. ,...
Date:
For: Presidio Cornerstone QC , LLC
P-1(D) Page 4 of 4 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust --------Non Profit/Trust ·----------
Title Title --------------------------
Address Address ------------------------
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes I v"I No If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
I certit that the above information is true and correct to e best of my knowledge. '
' -~o·lS
Signature of owner/date Signature of applicanVdate
Ure R. Kretowicz, Manager Ure R. Kretowicz, CEO
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07110
Cacyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Llsls of Sites Related to Hazardous Wastes
(Cerllfloallon of Compliance with Govemment Code Section 65962.6)
Pursuant to State of Cellfomla Government Code Section 66962.5, I have consulted the
Hazardous Waste and Substances Sites List oomplled by the Cellfomla Environmental
Protection Agency and hereby certify that {check one):
'iv'( The development project and any alternatives proposed In this application lllLll2l contained on the ~ lists complied pursuant to Section 65962.6 of the Stale Government Code.
D The development project and any alternatives proposed In this application m contained on the lists
complied pursuant to Section 66862.6 of Iha State Government Code.
APPLICANT
Name· Cornerstone Communities
Address:4365 Executive Drive, Suite 600
San Diego, CA 92121
Phone Number: 858-458-9700
PROPERTY OWNER
Name: Presidio Cornerstone QC, LLC
Address: 4386 Executive Drive, Suite 600
San Diego, CA 92121
Phone Number: 858-458-9700
Address 01 Site: North of the ultimate westerly terminus of Marron Road
Local Agency (City and County): City of Carlsbad, County of San Diego
Assessor's book, page, andparoel number: 167-040-21 & 167-040-11
Speolfylist(s):. ________________________ _
Regulatory Identification Number:. ___________________ _
DateofUst:. ____ ---:::::;:=a-------it2_7 ~----------
\~ :=-.J\•s
The rdous Waste and Substances Sites List (Cortese List) Is used by the State, local
agencies and developers to oomply with the Callfomla Environmental Quality Act requirements
In providing Information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revlaod 02/13
Ccityof
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
-
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirem t or whether all requirements are necessary for your particular
application) please call (760) 6 2-46 ~-s.___
'
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/1 O
CLTA Preliminary Report Form
(Rev. 11/06)
Order Number: U-4768557 (06)
Page Number: 1
Update #3 (amended
8-3-2015)
First American Title
First American Title Company
Customer Reference:
Order Number:
1itle Officer:
Phone:
Fax No.:
E-Mail:
Escrow Officer:
Phone:
Fax No.:
E-Mail:
E-Mail Loan Documents to:
Buyer:
Borrower:
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
Quarry Creek
U-4768557 (06)
Dianne Livingston
(858)410-1303
(714)913-6750
dslivingston@firstam.com
Karen Hagen
(858)202-5675
(888)302-8627
khagen@firstam.com
Ivyedocs2.ca@firstam.com
Presidio Cornerstone QC, LLC
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be Issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
Rrst American 77tle
..
Order Number: LJ-4768557 (06)
Page Number: 2
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.
Hrst Amen'can Title
Dated as of 7-16-2015 at 7:30 A.M.
Order Number: LJ-4768557 (06)
Page Number: 3
The form of Policy of title insurance contemplated by this report is:
TO BE DETERMINED
A specific request should be made if another form or additional coverage is desired.
1itle to said estate or interest at the date hereof is vested in:
PRESIDIO CORNERSTONE QC, LLC, A DELAWARE LIMITED LIABILITY COMPANY
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or
payable.
2. The land lies within the boundaries of proposed community facilities District No. 1, as disclosed
by a map filed June 24, 2013 in Instrument No. 2013-0394404 of maps of assessment and
community facilities districts.
Document(s) declaring modifications thereof recorded June 24, 2013 as Instrument No. 2013-
0394405 of Official Records.
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
4. An easement for public road and incidental purposes, recorded February 17, 1897 in Book 257,
Page 247 of Deeds.
In Favor of: The County of San Diego
Affects: As described therein
The location of the easement cannot be determined from record formation.
5. An easement for either or both pole lines, underground conduits and incidental purposes,
recorded February 11, 1911 in Book 511, Page 235 of Deeds.
In Favor of: Pacific Telephone and Telegraph Company
Rrst American Title
Affects: As described therein
Order Number: LI-4768557 (06)
Page Number: 4
The location of the easement cannot be determined from record information.
6. An easement for poles and incidental purposes, recorded March 4, 1911 in Book 509, Page 267
of Deeds.
In Favor of: The Pacific Telephone and Telegraph Company
Affects: As described therein
The location of the easement cannot be determined from record information.
7. An easement for either or both pole lines, underground conduits and incidental purposes,
recorded May 11, 1949 as Book 3200 Page 449 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: Portions of Lot 2 and 13
8. An easement for a line of poles with wires and all necessary and proper guys, anchorage,
crossarms, braces and other fixtures for use in connection therewith and incidental purposes,
recorded July 18, 1960 as Instrument No. 144668 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: Portion of Lot 2
A portion of the above easement was quitclaimed by instrument recorded April 20, 2015
as Instrument No. 2015-0188099 of Official Records.
9. An easement for sewer pipe line and incidental purposes, recorded April 20, 1961 as Instrument
No. 68841 of Official Records.
In Favor of: The City of Oceanside
Affects: Portion of Lot 1 and 13
10. Abutter's rights of ingress and egress to or from the highway, adjacent thereto have been
relinquished in the document recorded November 13, 1964 as Instrument No. 206558 of Official
Records.
Affects a portion of Lot 6
11. Abutter's rights of ingress and egress to or from the highway, adjacent thereto have been
relinquished in the document recorded March 29, 1968 as Instrument No. 53001 of Official
Records.
12. An easement for landscape and drainage maintenance and for slope stabilization, including but
not limited to erosion control and incidental purposes, recorded March 7, 1986 as Instrument No.
86-090570 of Official Records.
In Favor of: Treetops Unlimited, a joint venture
Affects: Portion of Lot 13
Rrst American Title
Order Number: U-4768557 (06)
Page Number: 5
13. An easement for street and incidental purposes, recorded March 25, 1986 as Instrument No. 86-
114088 of Official Records.
In Favor of: City of Carlsbad
Affects: Portion of Lot 15
14. Toe terms and provisions contained in the document entitled "Grant of Perpetual Slope Easement
and Temporary Construction Easement" recorded June 23, 2003 as Instrument No. 2003-
0739971 of Official Records.
Toe location of the easement cannot be determined from record information.
15. Covenants, conditions, restrictions and easements in the document recorded March 14, 2011
as Instrument No. 2011-0135700 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in California Government Code§ 12955 (p)) or ancestry, to the extent such
covenants, conditions or restrictions violate 42 U.S.C. § 3604(c), or california Government Code§
12955. Lawful restrictions under state and federal law on the age of occupants in senior housing
or housing for older persons shall not be construed as restrictions based on familial status.
16. Toe terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded April 4, 2011 as Instrument No. 2011-0172077 of Official Records.
17. Toe terms and provisions contained in the document entitled "Permanent Stormwater Quality
Best Management Practice Maintenance Agreement" recorded July 7, 2011 as Instrument No.
2011-0344518 of Official Records.
18. Toe terms and provisions contained in the document entitled "Hold Harmless Agreement
(Geological Failure)" recorded July 21, 2011 as Instrument No. 2011-0371076 of Official Records.
19. Toe terms and provisions contained in the document entitled "Hold Harmless Agreement
(Drainage)" recorded July 21, 2011 as Instrument No. 2011-0371077 of Official Records.
20. Toe terms and provisions contained in the document entitled "Levee Maintenance Agreement"
recorded July 21, 2011 as Instrument No. 2011-0371083 of Official Records.
21. Toe terms and provisions contained in the document entitled "Encroachment Removal Agreement
(Proposed Encroachment on Right-of-Way)" recorded July 27, 2011 as Instrument No. 2011-
0382141 of Official Records.
Toe location of the easement cannot be determined from record information.
Rrst American Title
Order Number: LJ-4768557 (06)
Page Number: 6
22. Covenants, conditions, restrictions and easements in the document recorded August 25, 2011
as Instrument No. 2011-0439455 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in California Government Code§ 12955 (p)) or ancestry, to the extent such
covenants, conditions or restrictions violate 42 U.S.C. § 3604(c), or California Government Code§
12955. Lawful restrictions under state and federal law on the age of occupants in senior housing
or housing for older persons shall not be construed as restrictions based on familial status.
23. A Deed of Trust to secure an original indebtedness of $28,000,000.00 recorded March 30,
2015 as Instrument No. 2015-0150823 of Official Records.
Dated:
Trustor:
Trustee:
Beneficiary:
March 24, 2015
Presidio Cornerstone QC, LLC, a Delaware limited liability
company
Farmers and Merchants Trust Company of Long Beach
Farmers & Merchants Bank of Long Beach, a California
corporation
The above deed of trust states that it is a construction deed of trust.
A document entitled "Absolute Assignment of Leases, Lease Guaranties, Rents, Issues and
Profits" recorded March 30, 2015 as Instrument No. 2015-0150824 of Official Records, as
additional security for the payment of the indebtedness secured by the deed of trust
recorded March 30, 2015 as Instrument No. 2015-0150823 of Official Records.
24. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed
by a document recorded March 30, 2015 as Instrument No. 2015-0150823 of Official Records.
25. A financing statement recorded March 30, 2015 as Instrument No. 2015-0150825 of Official
Records.
Debtor: Presidio Cornerstone QC, LLC
Secured party: Farmers & Merchants Bank of Long Beach
26. The terms and provisions contained in the document entitled Affordable Housing Agreement
Imposing Restrictions on Real Property recorded May 11, 2015 as Instrument No. 2015-0233607
of Official Records.
27. Covenants, conditions, restrictions and easements in the document recorded April 17,
2015 as Instrument No. 2015-0185520 of Official Records, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, sexual orientation, familial status, disability, handicap, national origin, genetic information,
gender, gender identity, gender expression, source of income (as defined in California
Government Code§ 12955 (p)) or ancestry, to the extent such covenants, conditions or
restrictions violate 42 U.S.C. § 3604(c), or California Government Code§ 12955. Lawful
restrictions under state and federal law on the age of occupants in senior housing or housing for
older persons shall not be construed as restrictions based on familial status.
First American Title
-
Order Number: U-4768557 (06)
Page Number: 7
28. The terms and provisions contained in the document entitled Hold Harmless Agreement Drainage
recorded May 20, 2015 as Instrument No. 2015-0257114 of Official Records.
29. The terms and provisions contained in the document entitled Permanent Stormwater Quality Best
Management Practice Maintenance Agreement recorded May 20, 2015 as Instrument No. 2015-
0257115 of Official Records.
30. The terms and provisions contained in the document entitled Hold Harmless Agreement
Geological Failure recorded May 20, 2015 as Instrument No. 2015-0257116 of Official Records.
31. The terms and provisions contained in the document entitled Local Improvement District
Agreement recorded May 20, 2015 as Instrument No. 2015-0257117 of Official Records.
32. Any and all offers of dedication, conditions, restrictions, easements, fenceline/boundary
discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred
to in the legal description.
33. An easement shown or dedicated on the Map as referred to in the legal description
For: Cross-Lot drainage of Lot 2 for the benefit of Lot 1 and
incidental purposes.
34. A Private easement shown or dedicated on the Map as referred to in the legal description
For: Tribal Access and incidental purposes.
35. An easement shown or dedicated on the Map as referred to in the legal description
For: Levee Maintenance over portions of Lots 1, 2 and 12 for the
benefit of the HOA and incidental purposes.
36. An easement shown or dedicated on the Map as referred to in the legal description
For: Maintenance of landscaping, storm water BMP facilities over
portions of Lot 1, 2 and 7 for the benefit of the HOA and
incidental purposes.
37. An easement shown or dedicated on the Map as referred to in the legal description
For: General Utitlity and access over portions of Lots 1, 2, 14 and
15 and incidental purposes.
38. An easement shown or dedicated on the Map as referred to in the legal description
For: General Utility and emergency access over a portion of Lot
4 and incidental purposes.
39. An easement shown or dedicated on the Map as referred to in the legal description
For: Maintenance Easement of portions of Lots 12 and 13 and
incidental purposes.
40. An easement shown or dedicated on the Map as referred to in the legal description
For: Storm drain easements over portion of Lots 6, 8, 9 and 14 and
incidental purposes.
A'rst American Title
-
Order Number: LJ-4768557 (06)
Page Number: 8
41. An easement shown or dedicated on the Map as referred to in the legal description
For: Sewer easement over a portion of Lot 5 and incidental purposes.
42. An easement shown or dedicated on the Map as referred to in the legal description
For: to the Carlsbad Municipal Water District, water easements over
portions of Lot 1 and 14 and incidental purposes.
43. An easement shown or dedicated on the Map as referred to in the legal description
For: Sight Visability over portions of Lots 2, 5, 8 and 9 and incidental
purposes.
44. An easement shown or dedicated on the Map as referred to in the legal description
For: Pedestrian Trail over portions of Lots 1, 2, 3, 9, 11, 14 and
15 and incidental purposes.
45. An easement shown or dedicated on the Map as referred to in the legal description
For: Pedestrian and vehicular access over a portion of Lot 10 to the
City of Carlsbad and incidental purposes.
46. An easement shown or dedicated on the Map as referred to in the legal description
For: Open Space over, upon, across and under all of Lots 5, 8, 9, 10,
11, 12, 13 and 14 and a portion of Lot 15 in favor of the City of
Carlsbad and incidental purposes.
47. An easement for Flood control and levee access and incidental purposes, recorded July 7, 2015
as Instrument No. 20150354040 of Official Records.
In Favor of: City of Carlsbad, a municipal Corporation
Affects: as shown therein
48. The terms and provisions contained in the document entitled Street Maintenance Agreement
executed by and between Presidio Cornerstone QC, LLC, a Delaware Limited Liability
company and City of Carlsbad recorded July 7, 2015 as 20150354041 of Official Records.
49. Rights of parties in possession.
Prior to the issuance of any policy of title insurance, the Company will require:
Rrst American Title
Order Number: U-4768557 (06)
Page Number: 9
50. With respect to Presidio Cornerstone QC, LLC, a Delaware limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or
restatement of articles of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, that such document or instrument be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed by at
least two duly elected or appointed officers, as follows: the chairman of the board, the president
or any vice president, and any secretary, assistant secretary, the chief financial officer or any
assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one manager
if the limited liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require
Arst American Title
Order Number: Ll-4768557 (06)
Page Number: 10
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. No known matters otherwise appropriate to be shown have been deleted from this report, which
is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance.
For purposes of policy issuance, items (none) may be eliminated on the basis of an indemnity
agreement or other agreement satisfactory to the Company as insurer.
2. General and special taxes and assessments for the fiscal year 2014-2015.
First Installment: $3,489.49, PAID WITH PENAL TY
Penalty: $348. 95
Second Installment: $3,489.49, PAID WITH PENALTY
Penalty: $358. 95
Tax Rate Area: 09014
A. P. No.: 167-040-11-00
3. Supplemental taxes for the year 2014-2015 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment: $18,521.58, OPEN
Penalty: $1,852.16
Second Installment: $18,521.58, OPEN
Penalty: $1,852.16
Tax Rate Area: 09014
A. P. No.: 167-040-11-00
4. General and special taxes and assessments for the fiscal year 2014-2015.
First Installment: $9,054.78, PAID WITH PENALTY
Penalty: $905.48
Second Installment: $9,054.78, PAID WITH PENALTY
Penalty: $915.48
Tax Rate Area: 09014
A. P. No.: 167-040-21-00
5. Supplemental taxes for the year 2014-2015 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment: $119,575.60, OPEN
Penalty: $11,957.56
Second Installment: $119,575.60, OPEN
First American Title
Penalty:
Tax Rate Area:
A. P. No.:
$11,957.56
09014
167-040-21-00
6. The property covered by this report is vacant land.
Order Number: U-4768557 (06)
Page Number: 11
7. According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
8. It appears that a work of improvement is in progress or recently completed on the land. The
Company will require various documents and information, including but not limited to a
completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement,
disbursement information, executed indemnity agreement and current financial information from
proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued.
other requirements may be made following the review of such documents and information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
-
Order Number: U-4768557 (06)
Page Number: 12
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOTS 1 THROUGH 15, INCLUSIVE OF THE CARLSBAD TRACT CT 11-04, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCODRDING TO MAP THEREOF
NO. 16038, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY 10,
2015.
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days alter depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
alter deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
Arst American Tltle
EXHIBIT A
Order Number: LI-4768557 (06)
Page Number: 13
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CL TA/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; (d) improvements on the Land;
(b) zoning; (e) land division; and
( c) land use; (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.
Your Deductible Amount
Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1 % 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
ALTA 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 and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
First American Title
Order Number: U-4768557 (06)
Page Number: 14
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Trt:le Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Trt:le Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
( c) that result in no loss to you
( d) that first affect your 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:
{a) to any land outside the area specifically described and referred to in Item 3 of SChedule A OR
{b) in streets, alleys, or wateiways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA 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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
{a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
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 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
First American Title
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Order Number: U-4768557 (06)
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proceedings, whether or not shown by the records of such agency or Dy 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.
2006 ALTA OWNER'S POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. {a) Any law, ordinance, permit, or governmental regulation {including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
{iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3, Defects, liens, encumbrances, adverse claims, or other matters
{a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage {and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
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.
First American 7itle
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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 that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unentorceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Tttle for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date
of Policy. This Exdusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
First American Title
··¥ I FirstAmerican1itle
Privacy Information
We Are Committed to Safeguarding customer Information
In order to better serve your needs now and In the future, we may ask you to provide us with certain Information. We understand that you may be concerned about what we will do with such
information -particularly any personal or financial Information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal Information.
Applicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in whfch we may use Information we have obtained from any other source, such as
infOITTJatlon obtained from a public record or from another person or entity, First American has also adopted broader guklelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nofl)ublic personal information that we may collect Include:
• Information we receive from you on applications, forms and In other communications to us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period
after which any customer relationship has ceased. Such Information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint market1ng agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restn'ct access to nonpublic personal information about you to those inchlcllals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal Information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, of visitors. This information Is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information. Usually, the personal information we collect Is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile Information. If you choose to share any personal information with us, we will only use it ln accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and Its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
Fir:Mm com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy In all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer In our business. We will obey the laws governing the collectiOn, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct Inaccurate Information, we will take all reasonable steps to assist consumers in Identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others In our industry about the Importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible co!lection and use of data. We will encourage others in our industry to collect and use infonnatlon in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial CorporatiOn)