HomeMy WebLinkAboutMS 09-04x1; DOS COLINAS; Minor Subdivision (MS)APPLICATIONS APPLIED FOR: (CHECK BOXES}
LAND USE REVIEW
APPLICATION
P-1
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
0 Coastal Development Permit (*) [] Minor
0 Conditional Use Permit (*)
0 Minor 0 Extension
0 Day Care (Large)
0 Environmental Impact Assessment
0 Habitat Management Permit [] Minor
0 Hillside Development Permit (*) [] Minor
0 Nonconforming Construction Permit
0 Planned Development Permit [] Minor
0 Residential 0 Non-Residential
0 Planning Commission Determinaticm
0 Reasonable Accommodation
0 Site Development Plan
0 Special Use Permit
[J Minor
[i] Tentative Parcel Map (Minor Subdivision)
0 Tentative Tract Map (Major Subdivhsion)
0 Variance 0 Minor
\-·-··----1
0 General Plan Amendment
0 Local Coastal Program Amendment (*)
0 Master Plan
0 Specific Plan
D Zone Change n
0 Amendment
0 Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area Permits
0 Review Permit
0 Administrative 0 Minor 0 Major
Village Review Area Permits
0 Review Permit
0 Administrative 0 Minor 0 Major
(*) = eligible for 25% discount
'-··----'
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).: 209-060-70 ------·-----------------------------------------PROJECT NAME Dos Gelinas Senior Living Site
BRIEF DESCRIPTION OF PROJECT: Request for a Tentative Parcel Map Extension of time for a 46 acre project
with 305 Commercial Dwelling units on 3 parcels.
BRIEF LEGAL DESCRIPTION: Portion of Lot "B" in Rancho Agua Hedionda, in City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 823
LOCATION oF PROJECT: West of Fut. College Blvd.
ON THE:
BETWEEN
P-1
North
(NORTH, SOUTH, EAST, WEST)
South of
(NAME OF STREET)
SIDE OF
AND
STREET ADDRESS
Sunny Creek Road
{NAME OF STREET)
Cannon Road
(NAME OF STREET)
PaQe ·1 of6 Revised 07115
OWNER NAME
(Print): WSL Dos Gelinas R/E LLC
MAILING ADDRESS: 5796 Armada Dr. # 300 ----------·---------------CITY, STATE, ZIP: Carlsbad, CA 92008
TELEPHONE: (760) 602-5850
EMAIL ADDRESS: jrimbach@westliving. net
I CERTIFY THAT I AM THE LEGAL OWNEH AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
APPLICANT NAME (Print): WSL Dos Colinas R/E LLC
MAILING ADDRESS: 5796 Armada Dr. # 300
CITY, STATE, ZIP: Carlsbad, CA 92008
TELEPHONE: (760) 602-5850
EMAIL ADDRESS: jrimbach@westliving.net
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
PURPOSES APP.LI{ TION ~J(J 7.. ~ l~:_-t--L........_,~--·-· 0 m~ 2 L L
DATE
APPLICANT'S REPRESENTATIVE (Print): Hunsaker & Associates San Diego, Inc., Dan Rehm
MAILING ADDRESS: 9707 Waples Street
CITY, STATE, ZIP: San Diego, CA 92121
TELEPHONE: (858) 558-4500
EMAIL ADDRESS: DRehm@HunsakerSD.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE "~·
SIG
{ ..,..,#
I, ~·
IN THl:1'1!iOCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. IM/E CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND A D A Y SUCCESSORS IN INTEREST.
L -w.I:!!M'if:," "
FOR CITY USE ONLY
JAN 0 6 2016
DIVISION. DATE STAMP APPLICATION RECEIVED
P-1 Page 2 of6 Revised 07115
HUNSAKER &ASSOCIATES SAN DIEGO, INC.
9707 Waples Street
San Diego, CA 92121
(858)558-4500
Transmittal LE!tter
Carlsbad, City of
attn: Shannon Werneke
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Date: January 5, 2016
From: Natisha Williams
W.O. #: 2580-0016T Project: Dos Colinas Senior Site, Carlsbad, CA
CC:
We are forwarding by:
~Messenger D Overnight D Pick-up
This material is forwarded for:
D Your Files
D Checking
Copies
1
2
Description
D Per Your Request
~Your Review
Form P-1 TPM/MS Extension Application
Title Report
0Mail
~Approval D Other
1 Approved Dos Colinas Minor Subdivision Plan MS-09-04
1 Check for TPM/MS Extension Fee
2 Form E-34 Storm Water Standards Questionnaire
1 Revised Decision Letter of Tentative Parcel Map
1 Final Decision Letter of Tentative Parcel Map
Comments:
Please contact Marybeth Murray if you have any questions.
MMurray@HunsakerSD.com
. Cityof
Carlsbad
[)ISCLOSURE 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.
1. APPLICANT (Not the applicant's agent)
Provide the £QMPLETE, 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 1 0% 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 John Rimbach Corp/Part West Living, LLC
Title Manager Title ----------------------------Address 5796 Armada Drive, Suite 300, Carlsbad, CA 92008 Address 5796 Armada Drive, Suite 300, Carlsbad, CA 92008
2. OWNER (Not the owner's agent)
P-1 {A)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A} IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person WSL Dos Colinas R/E, LLC Corp/Part West Living, LLC
Title Owner Title Sole Member & Manager
Address 5796 Armada Drive. Suite 300, Carlsbad, CA 92008 Address 5796 Armada Drive. Suite 300, Carlsbad, CA 92008
Page 1 of2 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?
0 Yes II' I No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above irnformation is true and correct to the best of my knowledge.
L_ 8
~~ ~w.hc.A-k.J ·-\1k~tk\
Print or type name of owm~r 0 L 1<\~L-f
Signature of owner/applic~mt's agent if applicable/date
Print or type name of ownE~r/applicant's agent
P·1(A) Page 2 of 2 Revised 07/10
CITY OF
CARLSBAD
Community & Economic Development www.carlsbadca.gov
March 27,2012
Ladwig Design Group, Inc.
2234 Faraday Ave
Carlsbad CA 92008
REVISED DECISION LETTER OF TENTATIVE PARCEL MAP
Project ID: MS 09-04
Project Name: DOS COUNAS SENIOR
APN: 209-060-70
Ladwig Design Gr
MAR 2 9 2012
Received
The city engineer has completed a review of the application for a tentative parcel map located along
future College Boulevard between Cannon Road and Sunny Creek Road. The city engineer has made a
preliminary decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code to approve
this tentative parcel map based on the findings and subject to the conditions listed below.
Please review the following findings and conditions for this tentative parcel map. If you have concerns
or comments, you may request a review of this preliminary decision in writing. Such request must be
received by the city enginE!er within 10 calendar days of the date of this preliminary approval. Upon
receiving such written request, the city engineer will arrange a time and place for such review. If after 10
days no request is made, or following a requested review of this preliminary approval, the city engineer
will issue a final approval letter for this tentative parcel map.
Findings:
1. The city engineer h.as determined that:
a) The proposed map and the proposed design and improvement of the subdivision, as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State
Subdivision Map Act, in that the lots being created satisfy all minimum requirements
of Title 20 regarding lot sizes and configuration and have been designed to comply
with all other applicable regulations, including the General Plan; and,
b) The site is !Physically suitable for the type and density of the development proposed, in
that the proposed subdivision meets all development standards for the creation of a
standard lc)t in terms of access, minimum lot size, lot width and setbacks and the
surrounding properties have a compatible General Plan land Use designation; and,
Land Development Engineering Division Om: 0R.(J6-23
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ®
Dos Colinas Senior
March 27, 2012
Page 2
c) The design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their
habitat, in that the project will implement all required mitigation measures pursuant
to EIR 09-01 and the Mitigation Monitoring and Reporting Program for the Dos Colinas
project; and,
d) The design of the subdivision and improvements are not likely to cause serious public
health problems, and the discharge of storm water from the subdivision complies with
current Callifornia Regional Water Quality Control Board requirements and the City of
Carlsbad Standard Urban Stormwater Mitigation Plan {SUSMP) requirements, in that the
project will satisfy construction-related pollutants by preparing and implementing a
Storm Water Pollution Prevention Plan (SWPPP). The developer has also prepared a
preliminar'1f Storm Water Management Plan (SWMP) to identify post-development
pollutants of concern and select post-development best management practices to
avoid contact with storm water or filter pollutants to the maximum extent
practicablE!. The applicant has incorporated permanent water quality features into
the subdivision such as Low Impact Design (LID) techniques. These features include:
vegetated swales, pervious ribbon gutters, bio retention areas and hydromodification
basins that will slow down, retain and filter stormwater runoff leading to percolation,
adsorption, evapotranspiration of runoff, and ground water recharge; and,
e) The design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the dE~veloper shall delineate, preserve, relocate or seek quitclaim on the parcel
map, all existing easements of record, subject to easement holder approval; and,
f) The property is not subject to a contract entered into pursuant to the Land Conservation
Act of 196S (Williamson Act);
CONDITIONS:
Unless specifically stated in the condition, all of the following conditions, upon the approval of this
tentative parcel map, must be met prior to approval of a parcel map, building permit, or grading permit,
whichever is first.
General
1. This approval is granted subject to the approval of EIR 09-01, Mitigation Monitoring and
Reporting Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96-01(0), CUP 09-02, SUP 09-02,
HOP 09-02, HMP 09-02, and SUP 09-02 and is subject to all conditions contained in Planning
Commission Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6832, 6833, and 6834
for those other approvals incorporated herein by reference.
2. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from the city engineer for the
proposed haul route.
Doc DR-06·13
01/18/2011
Dos Colinas Senior
March 27, 2012
Page3
3. The project is approved with the express condition that building permits will not be issued for
the development of the subject property unless the city/district engineer determines that
sewer/water facilities are available at the time of permit issuance and will continue to be
available until time of occupancy.
4. Developer shall submit to the city engineer a reproducible 24" x 36" photo mylar of the
tentative parcel map reflecting the conditions approved by the final decision-making body. The
reproducible shall be submitted to the city engineer, reviewed, and, if acceptable, signed by the
city's project engineer and project planner prior to submittal of the building plans, parcel map,
improvement plans, or grading plans, whichever occurs first.
5. Unless a standards variance has been issued, no variance from city standards is authorized by
virtue of approval Clf this tentative parcel map.
6. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time building permits are issued.
7. If any condition for construction of any public facilities, or payment of any fees in-lieu thereof,
imposed by this approval or imposed by law on this project are challenged, this approval shall be
suspended as provided in Government Code Section 66020. ·If any such condition is determined
to be invalid, this approval shall be invalid unless the city engineer determines that this project
without this condition complies with the requirements of the law.
8. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City
of Carlsbad, its Council members, agents, officers, and representatives, from and against any
and all liabilities, losses, damages, demands, claim and costs, including court costs and
attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and
issuance of this tentative parcel map, (b) city's approval or issuance of any permit or action,
whether discretionary or non-discretionary, in connection with the use contemplated herein,
including an action filed within the time period specified in Government Code Section 66499.37
and (c) developer's installation and operation of the facility permitted hereby, including without
limitation any and all liabilities arising from the emission by the facility of electromagnetic fields
or other energy waves or emissions.
9. Developer shall submit to the city engineer proof of a recorded document addressing the private
maintenance, repaiir, and replacement of the offsite storm drain that serves this subdivision as
shown on the tentattive parcel map.
10. This project is approved for up to 2 parcel maps for the purposes of recordation in the order of
phasing shown on the tentative parcel map. Developer shall pay processing fees per the city's
latest fee schedule.
11. If developer desires to record a parcel map out of the phase approved on the tentative parcel
map, the new phasing may be approved or conditionally approved by the city engineer and city
planner via substantial conformance exhibit.
Doc DR.06-23
01/18/2011
Dos Colinas Senior
March 27, 2012
Page4
12. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with city engineering standards. The property owner shall maintain this condition.
13. Developer shall submit to the city engineer written approval from North County Transit District
(NCTD} demonstrating mass-transit improvement requirements for this project have been
satisfied.
Planning
14. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09-01
Mitigation Monito1·ing and Reporting Program.
Fees/Agreements
15. Prior to approval 10f phase 1 of the parcel map, Developer shall provide evidence that the
relocation site of the existing Rancho Carlsbad RV storage/garden site for the westerly
adjacent property owner of APN 168-050-43 (Rancho Carlsbad Partners) has been selected as
described in EIR !~8-02. Developer shall provide evidence that a secured agreement is
provided to the c:ity guaranteeing rough grading and drainage improvements of the RV
storage/garden sit•:! in a form acceptable to the city engineer and city attorney.
16. Prior to approval c1f phase 2 of the parcel map or construction of Basin BJ, whichever comes
first, Developer !;hall provide evidence that the Rancho Carlsbad RV storage/garden
replacement site improvements have been constructed as required per EIR 98-02 and RMHP
96-01{D), to the sa1tisfaction of the city planner and the city engineer.
17. Prior to approval of phase 2 of the parcel map, Developer shall design and secure street
improvements to College Boulevard approximately 4200-feet from its existing northerly
terminus near El Cie~mino Real to the intersection of Cannon Road. These improvements shall
consist of 'core' improvements'. 'Core' improvements include full-width grading for College
Boulevard (major atrterial standards), two 18-wide paved lanes (one in each direction), median
curb, road drainag•e crossings and environmental mitigation. The Developer has proposed the
design and construction costs for the 'core' improvements be funded by a private financing
program with participating property owners within LFMP Zone 15. Prior to parcel map
approval, Develop•er shall submit evidence of a private financing program, for the design and
construction of the 'core' improvements, executed by all participating property owners,
subject to review by the city engineer and finance director and approval by City Council.
18. Prior to approval of phase 2 of the parcel map, if Developer is unable to obtain property
owner approval ,of a private financing program necessary to construct those street
improvements idetntified in the condition above, the 'core' improvements shall be funded by
Public Financing F'rogram (Public Program). This Public Program shall be processed and
initiated to the satisfaction of the city engineer and approved by City Council prior to parcel
map approval. If funded by a Public Program, Developer may be eligible for reimbursement
for constructing the 'core' improvements. If a Public Program is required, Developer shall
Doc DR-D6·23
01/13/2011
Dos Colinas Senior
March 27, 2012
PageS
enter into a Reimbursement Agreement prior to parcel map approval. The Reimbursement
Agreement shall b•! prepared to the satisfaction of the city engineer, finance director and city
attorney.
19. Prior to approvall)f phase 2 of the parcel map, if a Public Program is required to fund the
1core' improveme111ts for College Boulevard, Developer shall cause property owner to execute
a prepayment agreement that requires the Developer secure its fair-share costs toward the
Public Program. The Prepayment Agreement shall be prepared, processed and approved to
the satisfaction of the city engineer, finance director, and city attorney.
20. Prior to approval ()f phase 2 of the parcel map, Developer shall design and post security for
the bridge improVE!ments supporting College Boulevard as shown on the tentative parcel map.
The Developer, by constructing the bridge, may be eligible for reimbursement by the Drainage
Fee Program (Drainage Area B) for funds allocated to that facility. Prior to parcel map
approval, Develop1er shall enter into a reimbursement agreement to the satisfaction of the
city engineer, finance director and city attorney.
21. Prior to approval of phase 2 of the parcel map, Developer shall design and post security for
detention basin 'BJ' just east of the intersection of College Boulevard and Cannon Road as
shown on the tent;;~tive parcel map. The Developer, by constructing the basin, may be eligible
for reimbursement by the Drainage Fee Program (drainage area B) for funds allocated to that
facility. Developer· shall enter into a reimbursement agreement to the satisfaction of the city
engineer, finance cilirector, and city attorney.
22. Prior to approval Cltf phase 2 of the parcel map, Developer shall design and post security for a
36" potable waterline in College Boulevard from its existing northerly terminus near El
Camino Real to thle intersection of private street "D" as shown on the tentative parcel map.
Developer shall also install a 16-inch potable waterline in College Boulevard from the
intersection with IJrivate street 'D' to Cannon Road as shown on the tentative parcel map.
The Developer, by constructing these improvements, may be eligible for reimbursement by
the District for fur~ds allocated to this facility. Developer shall enter into a reimbursement
agreement to the s;atisfaction of the district engineer, finance director, and city attorney.
23. Prior to approval of phase 2 of the parcel map, Developer shall install a 12" recycled waterline
in College Bouleva1rd from its existing northerly terminus near El Camino Real to Cannon Road
as shown on the tentative parcel map.
24. Regarding the sound wall along the west side of College Boulevard just south of Cannon Road,
no reimbursement shall be available for Developer from any Public Financing Program on this
item.
25. Developer is required to pay all required fees and deposits prior to approval of the parcel map.
26. Developer shall pa~r the Planned Local Drainage Area Fee prior to approval of the parcel map.
27. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
Doc DR-<J0-23
01/18/2011
Dos Colinas Senior
March 27, 2012
Page 6
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable) subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 15, pursuant to Chapter 21.9. All such taxes/fees shall be paid at issuance of building
permits. If the taxe!s/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
28. Developer shall c;:~use property owner to execute and submit to the city engineer for
recordation the citv's standard form Geologic Failure Hold Harmless Agreement.
29. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement regarding drainage
across the adjacent property.
30. Developer shall cause property owner to process, execute, and submit an executed copy to the
city engineer for recordation the city's standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all treatment
control, applicabll~ site design and source control, post-construction permanent Best
Management Practices prior to the issuance of a grading permit or building permit, or the
recordation of a parcel map, whichever occurs first for this project.
31. Developer shall cause property owner to apply for, execute, and submit to the city engineer for
recordation an Encroachment Agreement covering private enhanced paving located over
proposed public right-of-way or easements as shown on the tentative parcel map. Developer
shall pay processing fees per the city's latest fee schedule.
32. This project shall b1e annexed into City of Carlsbad Street Lighting and Landscaping District No.2
(SL&LD #2). Prior to approval of any grading, building permits or parcel map for this project,
developer shall cause owner to execute an Agreement to annex the subject property into SL&LD
#2. The Agreement shall be in a form approved by the assistant city finance director.
Developer shall pav all fees necessary to annex the property into SL&LD #2.
33. Developer shall cause property owner to execute and submit to the city engineer for
recordation the citv's standard form Street Tree Maintenance Agreement.
Grading
34. Based upon a review of the proposed grading and the grading quantities shown on the tentative
parcel map, a grading permit for this project is required. Developer shall prepare and submit
plans and technical studies/reports for city engineer review and shall pay all applicable grading
plan review fees per the city's latest fee schedule. Due to the proposed parcel map phasing, 2
grading plans will be required.
35. Prior to approval Cllf phase 1 of the parcel map, Developer shall submit grading plans for phase
1 grading and drainage improvements as shown on the tentative parcel map subject to
approval by the city engineer and city planner.
Doc DR..06-23
01/18/1011
Dos Colinas Senior
March 27,2012
Page 7
36. Prior to approval of phase 2 of the parcel map, Developer shall submit grading plans for
remaining (phase 2) grading and drainage improvements as shown on the tentative parcel
map subject to apJ»roval by the city engineer and city planner.
37. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall
pay all applicable grading permit fees per the city's latest fee schedule and shall post security
per city code requirements.
38. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare and submit for approval grading plans for the precise grading as shown
on the tentative parcel map, all subject to city engineer approval.
39. Upon completion of grading, developer shall file an "as-graded" geologic plan with the city
engineer. The plan shall clearly show all the geology as exposed by the grading operation, shall
clearly show all gej:>Jogic corrective measures as actually constructed, and must be based on a
contour map which represents both the pre-and post-site grading. The plan shall be signed by
both the soils engineer and the engineering geologist and shall be submitted on a 24" x 36"
mylar or similar drafting film format suitable for a permanent record.
40. This project requires off site grading. No grading for private improvements shall occur outside
the project unless developer obtains, records, and submits a recorded copy to the city engineer
a temporary grading, construction, or slope easement or agreement from the owners of the
affected properties. If developer is unable to obtain the temporary grading or slope easement or
agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the city engineer and city planner.
41. Developer shall comply with the latest version of the city's stormwater regulations and shall
implement best ma1nagement practices at all times. Best management practices include, but are
not limited to, pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollut<mts to stormwater, receiving water, or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
42. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a
Notice of Intent from the State Water Resources Control Board.
43. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall
submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The
TIER 3 SWPPP shall comply with current requirements and provisions established by the San
Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3
SWPPP shall identi1fy and incorporate measures to reduce storm water pollutant runoff during
Doc DR-06-23
01/18/2011
Dos Colinas Senior
March 27, 2012
PageS
construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
44. This project is subjE~ct to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to
new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer
shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule.
45. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, treatment
control BMP, hydromodification measures, and Low Impact Design (LID) facilities.
46. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project compli1es with Hydromodification requirements per the latest version of the city's
SUSMP. Documentation shall be included within the Storm Water Management Plan (SWMP).
Dedications/Improvement!~
47. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other
appropriate entities for public drainage purposes as shown on the tentative parcel map. The
offer shall be made by a certificate on the parcel map. All land so offered shall be free and clear
of all liens and encumbrances and without cost to the city. Additional easements may be
required at final design to the satisfaction of the city engineer.
48. Developer shall cause owner to dedicate easements to the city and/or other appropriate
entities for the general utility and access, drainage, pedestrian, and sewer purposes as shown
on the tentative parcel map. The offer shall be made by a certificate on the parcel map. All land
so offered shall be free and clear of all liens and encumbrances and without cost to the city.
Streets that are alrE!ady public are not required to be rededicated. Additional easements may be
required at final design to the satisfaction of the city engineer.
49. Developer shall design the private streets/driveways as shown on the tentative parcel map to
the satisfaction of the city engineer. The structural section of all private streets/driveways shall
conform to City of Carlsbad Standards based on R-value tests. All private streets/driveways shall
be inspected by the city. Developer shall pay the standard improvement plancheck and
inspection fees for private streets/driveways.
50. Developer shall de!;ign the private drainage systems as shown on the tentative parcel map to
the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plancheck
and inspection fees for private drainage systems.
DceDR-06-23
01/1!1/2011
Dos Colinas Senior
March 27,2012
Page9
51. Prior to approval of phase 2 of the parcel map, Developer shall prepare and process public
improvement plans and, prior to city engineer approval of said plans, shall execute a city-
standard Minor Subdivision Improvement Agreement to install and shall post security in
accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative
parcel map. Said improvements shall be installed to city standards to the satisfaction of the city
engineer. These improvements include, but are not limited to:
A. Construct onsite and offsite surface 'core' improvements for College
Boulevard Reach A from its existing northerly terminus just north of El Camino
Re«!ll extended to Cannon Road. 'Core' Improvements consist of full-width
grading (major arterial standards), two 18-ft lanes (one each direction),
median curbs, road drainage improvements and environmental mitigation as
shctwn on the tentative parcel map.
B. Construct full intersection improvements to the intersection of College
Boulevard and Cannon Road as shown on the tentative parcel map.
C. Complete half-street improvements for College Boulevard (major arterial
standards) along the project frontage per city standards. Complete half-street
imt:»rovements include a 32-ft paved half-street width consisting of two 12-
foolt lanes and an 8-foot bike lane, curb, gutter, street lights, fire hydrants,
median hardscape, median landscaping, parkway irrigation and parkway
irrigation as shown on the tentative parcel map.
D. Construct bridge improvements supporting College Boulevard as shown on the
ten1tative parcel map.
E. Complete traffic signal modifications necessary for a fully actuated traffic
signal at College Boulevard and Sunny Creek Road.
F. Construct 36-inch potable waterline in College Boulevard from its existing
northerly terminus near El Camino Real to the intersection of private street
1'D" and a 16-inch potable waterline in College Boulevard from the
int4i!rsection with private street 'D' to Cannon Road as shown on the tentative
par·cel map.
G. Construct 12-inch recycled waterline in College Boulevard from its existing
northerly terminus near El Camino Real to Cannon Road.
H. Construct utility improvements in College Boulevard Reach A (potable water,
recycled water, storm drain, sewer) as shown on the tentative parcel map.
1. Construct onsite potable waterlines and appurtenances through the project as
shctwn on the tentative parcel map.
J. Construct onsite and offsite sanitary sewer and appurtenances as shown on
the~ tentative parcel map.
K. Construct onsite and offsite storm drains and appurtenances as shown on the
ten1tative parcel map.
Developer shall pa·v the standard improvement plancheck and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the minor subdivision
improvement agreement or such other time as provided in said agreement.
52. Prior to approval of phase 2 of the parcel map, Developer shall prepare and process
improvement plans and, prior to approval, shall execute a city standard Minor Subdivision
Doc DR.OG-23
01/18/2011
Dos Colinas Senior
March 27, 2012
Page 10
Improvement Agre1ement to install and shall post security in accordance with C.M.C. Section
20.16.070 for public signal improvements shown on the tentative parcel map. Said
improvements shalll be installed to city standards to the satisfaction of the city engineer. More
specifically, these signal improvements include but are not limited to constructing a new fully
actuated traffic signal including all appurtenances and traffic signal interconnect conduit and
cable, at the intersection of College Boulevard and Cannon Road. Developer shall install the
traffic signal only with written authorization from the city engineer. Developer shall pay the
standard improvement plan check and inspection fees. Improvements listed above shall be
constructed within 36 months of approval of the subdivision or development improvement
agreement or such other time as provided in said agreement.
53. Prior to approval of phase 2 of the parcel map, Developer shall prepare and process
improvement plans and, prior to approvat shall execute a city standard Minor subdivision
Improvement Agreement to install and shall post security in accordance with C.M.C. Section
20.16.070 for public signal improvements shown on the tentative parcel map. Said
improvements shall be installed to city standards to the satisfaction of the city engineer. More
specifically, these signal improvements include but are not limited to constructing a new fully
actuated traffic signal including all appurtenances and traffic signal interconnect conduit and
cable, at the intersection of College Blvd and private driveway "A". Developer shall install the
traffic signal only with written authorization from the city engineer. Developer shall pay the
standard improvement plan check and inspection fees. Improvements listed above shall be
constructed within 36 months of approval of the subdivision or development improvement
agreement or such other time as provided in said agreement.
54. Developer shall pre!pare and process improvement plans and, prior to approval, shall execute a
city standard Minor Subdivision Improvement Agreement to install and shall post security in
accordance with C.M.C. Section 20.16.070 for public signal improvements shown on the
tentative parcel map. Said improvements shall be installed to city standards to the satisfaction
of the city engineer. More specifically, these signal improvements include but are not limited to
constructing a new fully actuated traffic signal including all appurtenances and traffic signal
interconnect conduit and cable, at the intersection of College Boulevard and private driveway
"D". Developer shall install the traffic signal only with written authorization from the city
engineer. Develop1er shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 36 months of approval of the subdivision
or development improvement agreement or such other time as provided in said agreement.
55. Concurrent with phase 2 of the parcel map, Developer shall cause owner to waive direct access
rights on the parcel map for all lots abutting College Boulevard, excepting the access points as
shown on the tentative parcel map.
56. Prior to issuance of building permits for phase 2, developer shall underground all existing
overhead utilities as shown on the tentative parcel map.
57. Developer shall design and obtain approval from the city engineer for the structural section for
the access aisles wiith a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
Doc DR-06-23
01/18/2011
Dos Colinas Senior
March 27,2012
Page 11
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soiil test information, subject to the review and approval of the city engineer.
58. Developer shall provide all-weather maintenance access roads to the public drainage facilities
(e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where
maintenance access roads are not practical and/or permitted, developer shall incorporate low-
maintenance design features to the satisfaction of the city engineer.
Non-Mapping Notes
59. Note(s) to the following effect(s) shall be placed on the parcel map as non-mapping data:
A. Developer has executed a city-standard Minor Subdivision Improvement Agreement and
has posted security in accordance with C.M.C. Section 20.28.070 to install public
improvements shown on the tentative parcel map. These improvements include, but
are not limited to:
1) Cor1struct onsite and offsite surface 'core' improvements for College
Boulevard Reach A from its existing northerly terminus just north of El Camino
Rec:1l extended to Cannon Road. 'Core' Improvements consist of full-width
grading (major arterial standards), two 18-ft lanes (one each direction),
median curbs, road drainage improvements, and environmental mitigation as
shCJ1wn on the tentative parcel map.
2) Construct full intersection improvements to the intersection of College
Boulevard and Cannon Road as shown on the tentative parcel map.
3) Complete half-street improvements for College Boulevard (major arterial
standards) along the project frontage per city standards. Complete half-street
im1,rovements include a 32-ft paved half-street width consisting of two 12-
foo,t lanes and an 8-foot bike lane, curb, gutter, street lights, fire hydrants,
median hardscape, median landscaping, parkway irrigation and parkway
irri1gation as shown on the tentative parcel map.
4) Construct bridge improvements supporting College Boulevard as shown on the
tenttative parcel map.
5) Complete the signal modifications necessary for a fully actuated traffic signal
at College Boulevard and Sunny Creek Road.
6) Co11struct 36-inch potable waterline in College Boulevard from its existing
no1'therly terminus near El Camino Real to the intersection of private street
"D" and a 16-inch potable waterline in College Boulevard from the
int1ersection with private street 'D' to Cannon Road as shown on the tentative
par·cel map.
7) Construct 12-inch recycled waterline in College Boulevard from its existing
no1'therly terminus near El Camino Real to Cannon Road
8) Co1r~struct utility improvements in College Boulevard Reach A (potable water,
rec:ycled water, storm drain, sewer) as shown on the tentative parcel map.
9) ColllStruct onsite potable waterlines and appurtenances through the project as
shown on the tentative parcel map.
10) Construct onsite and offsite sanitary sewer and appurtenances as shown on
thE! tentative parcel map.
Dec DR-()6·23
01/18/2011
Dos Colinas Senior
March 27, 2012
Page 12
11) Construct onsite and offsite storm drains and appurtenances as shown on the
tentative parcel map.
B. Developer has executed a city standard Minor Subdivision Improvement Agreement and
has posted security in accordance with C.M.C. Section 20.16.070 to install public signal
improveme~nts shown on the tentative parcel map. These signal improvements include
but are not limited to constructing a new fully actuated traffic signal including all
appurtenances and traffic signal interconnect conduit and cable, at the intersection of
College Boulevard and Cannon Road.
C. Developer lhas executed a city standard Minor Subdivision Improvement Agreement and
has posted security in accordance with C.M.C. Section 20.16.070 to install public signal
improveme!nts shown on the tentative parcel map. These signal improvements include
but are not limited to constructing a new fully actuated traffic signal including all
appurtenances and traffic signal interconnect conduit and cable, at the intersection of
College Boulevard and private driveway "A".
D. Developer has executed a city standard Minor Subdivision Improvement Agreement and
has posted security in accordance with C.M.C. Section 20.16.070 to install public signal
improveme!nts shown on the tentative parcel map. These signal improvements include
but are not limited to constructing a new fully actuated traffic signal including all
appurtenances and traffic signal interconnect conduit and cable, at the intersection of
College Bo!Uievard and private driveway "D".
E. Building pe!rmits will not be issued for development of the subject property unless the
appropriat~~ agency determines that sewer and water facilities are available.
F. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
G. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the city approved development
plans; or by the design, construction or maintenance of the drainage system or other
improvemEmts identified in the city approved development plans.
H. Geotechni<:al Caution:
1) Th1e owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
Doc 011-06-23
01/15/2011
Dos Colinas Senior
March 27, 2012
Page 13
Utilities
60. Developer shall me1E!t with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains
to the satisfaction of the district engineer.
61. Developer shall de!sign and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access, and/or joint utility purposes.
62. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
63. The developer shall design landscape and irrigation plans utilizing recycled water as a source
and shall prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
64. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
65. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
66. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the tentative parcel map to the satisfaction of the district engineer
and city engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
67. This tentative parcE!I map will expire twenty-four (24) months from the date of the final approval
notice issued by th•~ city engineer.
68. Some improvements shown on the tentative parcel map and/or required by these conditions
are located offsite on property which neither the city nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest. The
developer shall immediately initiate negotiations to acquire such property. The developer shall
use its best efforts to effectuate negotiated acquisition. If unsuccessful, developer shall
demonstrate to the city engineer its best efforts and comply with the requirements of the
Carlsbad Municipal Code Section 20.16.095 to notify and enable the city to successfully acquire
said property by condemnation.
Doc DR-06·23
01/18/2011
Dos Colinas Senior
March 27,2012
Page 14
69. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area shown on the tentative parcel map are for planning purposes only.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
Vou have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must foUow the protest procedure set forth in Government Code Section 66020(a)
and file the protest and any other required information with the city manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
Vou are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges; to planning, zoning, grading, or other
similar application processing or service fees in connection with this project; or to any fees/exactions of
which you have previously been given a NOTICE similar to this, or as to which the statute of limitations
has previously otherwise expired.
If you have any questions regarding the above, please contact the Project Engineer, Jeremy Riddle at
760-602-2737. If you have any planning-related questions, please contact the Project Planner, Shannon
Werneke, at 760-602-4621.
Sincerely,
Glen K. Van Peski, P.E., P.L.S.
City Engineer
cc: Project Engineer, Jeremy Riddle
Project Planner, Shannon Werneke
Fire Department, Gregory Ryan
Senior Office Specialist,. LDE
Associate Analyst, LDE 1[scanned copy to MS File)
Doc DR.06-23
01/18/2011
CITY OF
CARLSBAD
Community & Economic Development www.carlsbadca.gov
March 27, 2012
Ladwig Design Group, Inc.
2234 Faraday Ave
Carlsbad CA 92008
Project 10: MS 09-04
FINAl DECISION LETTER OF TENTATIVE PARCEL MAP
Project Name: DOS COUNAS SENIOR
APN: Project Name: DOS COLINAS SENIOR
APN: 209-060-70
Ladwig Design Gr
MAR 2 9 2012
Received
Whereas the applicant provided comments on the Preliminary Decision letter dated March 12, 2012 within
the required time limit. Based on those comments, revisions were made to the conditions in the Preliminary
Decision letter. The subject tentative parcel map has been approved per the findings and conditions set forth
in the attached Revised Decision letter.
As required by Carlsbad Municipal Code Section 20.24.140(e), notice of this final decision will be sent to all
property owners within 300 feet of the project. Per Carlsbad Municipal Code Section 20.24.140(b} and the
California Subdivision Map Act Section 66452.5, any interested person adversely affected by this decision of
the city engineer may appeal the decision to the City Council. Such appeal must be filed in writing with the
city clerk within 10 calendar days of the date of this notice. At the time of filing the appeal, the appeal fee as
listed in the current Carlsbad Development Fees schedule must be paid. If you have questions regarding the
appeal process, please contact the city clerk's office at (760) 434-2808.
If you have any project-relat1ed questions, please contact the project engineer, Jeremy Riddle, at 760-602-2737
or via email at jeremy.riddle@)carlsbadca.gov. If you have any planning-related questions, please contact the
project planner, Shannon WE~rneke, at 760-602-4621.
Sincerely,
~.ifiiU
City Engineer
Attachment-Revised Decision letter, dated March 27, 2012
cc: Engineer of Work
Project Engineer, then file
Shannon Werneke, Project Planner
Senior Management Analyst, CEO
Senior Office Specialist, LOE
Associate Analyst, LDE (scanned copy to MS file)
Land Development Engineering Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052
OocDR.Q6-27
®
(city of
Carlsbad
INSTRUCTIONS:
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 Sl:ormwater 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 constructicrn 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' c1r be subject to additional criteria 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 n3present an initial assessment of the proposed project conditions and impacts. City staff has
responsibility for making the final asseslsment after submission of the development application. If staff determines that the questionnaire
was incorrectly filled out and is subject t1D 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 qui!Stionnaire 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.
I 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.
STEP1
TO SE COMPLETED FOR ALL PROJECTS
To determine If your project is a priority development project, please answer the following questions:
YES NO
1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet
the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or X other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from
paved streets or roads; OR (3) de1signed and constructed with permeable pavements or surfaces in
accordance with USEPA Green S>treets auidance?
2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are
designed and constructed in accc1rdance with the USEPA Green Streets guidance? X
If you answered "yes" to one or more olf 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.
lfyou answered "no• to both questions, then go to Ste_p_2.
Page 1 of3 Effective 6/27/13
"
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760·602·2750
www.carlsbadca.gov
STEP2 TO' BE CClMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
[To determine if your project is a priority development project, please answer the following questions: YES
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively
over the entire project site? Tl'lis includes commercial, industrial, residential, mixed-use, and public X
development proiects on public or private land.
2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire X project site on an existing site of 1 0,000 square feet or more of impervious surface? This includes commercial,
industrial, residential, mixed-use, and public development projects on public or private 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 consumption.
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 an~v 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 siite and supports a parking lot. A parking lot is a land area or facility for the X
temporarv oarlcing or storage of motor vehicles used personally 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, motorcvcles, and other vehicles.
7. Is your project a new or redevel1opment 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 X 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
oroiect to the ESA fi.e. not comminr,,fes with flows from adjacent 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 7536-75,39.
9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's
that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of
100 or more vehicles oer day.
10.Is 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?
11.1s your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 1 0%7
NO
X
X
X
X
X
X
X
If you answered "yes• to one or more c1f the above questions, you ARE a priority development project and are therefore subject to
implementing structural Best Managem1~nt Practices (BMP's) in addition to implementing Standard Storm Water Requirements such
as source control and low impact devetlopment BMP's. A Storm Water Management Plan (SWMP) must be submitted with your
application(s) for development. Go to l:ttep 3 for redevelopment projects. For new projects, go to step 4 at the end of this
questionnaire, check the ''my project meets POP 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(:;) for development. Go to step
4 at the end of this questionnaire, ~~heck the "my project does not meet POP requirements" box and complete applicant
Information.
E-34 Page2 of3 Effective 6/27113
(City of
yarlsbad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
STEP3
Development Services
land Development Engineering
1635 Faraday Avenue
760-602-2750
www .carlsbadca.gov
TO'BE.COMPLETED·fOR REDE\i.ELofiMENT PROJECTS THAT ARE.PRIORITV DEVE!;.OPEMENT PROJECTS· ONLY
Complete the questions below reQarding vour redevelopment proiect: YES
Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than I J 50% of the surface area of the previouslv existing develooment?
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.
NO
If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development. Go to step 4,
check the "my prolect meets PDP requirements" box and complete applicant Information.
: :: ··~
D 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 (hydro modification) requirements may apply to my project. Refer to SUSMP for details.
My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per
the SUSMP. As part of these re1quirements, I will incorporate low impact development strategies throughout my project.
Applicant Information and Signature Box
Address: 5796 Armada Dr. 1DOO
Carlsbad, CA 92008
Applicant Name: John Riiribach WSL Dos Colinas R/E LLC
Accessor's Parcel Number(s): 209-060-70
This Box for City Use Only
City Concurrence:
By:
II Date:
Project ID:
L YES I NO
I I
* 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 amendment1s); water bodies designated with the RARE beneficial use by the State Water Resources
Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their
quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copermittees.
Page3 of3 Effective 6/27113
December 18, 2015
Greyson Zehnder
WESTiiving
5796 Armada Dr Ste 300
Carlsbad , CA 92008
Phone:
Fax: (760)602-5851
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
Or'-Number: NCS-768305-SD
Page Number: 1
First American Title Company
National Commercial Services
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
Frank Skip Santy I Trixy Brown
(858)410-2155
(619)330-2564
ssanty@firstam.com
Vacant Land, Carlsbad, CA
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 herE!of, 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. 71Je policy to be issued tnaY contain an arbitration clause. When the Atnount of Insurance is less than that set forth in the
arbitration clause, all arbitrable tnatters shall be arbitrated at the option of either the Cotnpany or the Insured as the eJ«:Iusive retnedy 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 shown1 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 insura1nce 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 encumb1·ances 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.
f:irst American lttle lnsL!rance Company
Q, Number: NCS-768305-SD
Page Number: 2
Dated as of December 08, 2015 at 7:30A.M.
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.
Title to said estate or interest at the date hereof is vested in:
WSL Dos Colinas R/E, LLC, a California limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
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.
First Installment: $27,904.48, PAID
Penalty: $0.00
Second Installment: $27,904.48, OPEN
Penalty: $0.00
Tax Rate Area: 09162
A. P. No.: 209-060-70-00
2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 1, as disclosed by Notice of
Special Tax Lien recorded May 20, 1991 as Instrument No. 91-0236959 of Official Records.
Document(s) declaring modifications thereof recorded June 24, 2013 as Instrument No. 2013-
0394405 of Official Records.
Document(s) declaring modifications thereof recorded September 01, 2015 as Instrument No.
2015-0462492 of Official Records.
3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 2, Carlsbad Unified School
District, as disclosed by Notice of Special Tax Lien recorded October 7, 1992 as Instrument No.
1992-0637693 of Official Records.
First American Iitie Insurance Company
01 Number: NCS-768305-SD
Page Number: 3
4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
5. The right to use all roads and rights of way now existing or traveled over and across any portions
of said Lot "B"; together with an additional right of way Northerly from the existing road across
the land of Alice Morrison to the tract partitioned to RobertS. Kelly, and the right and easement
to install any poles, wires, pipes or similar utility structures over and along any or all of such
rights of way, as granted by numerous parties to the owners of all of Lot "B", recorded July 29,
1936 in Book 541, Page 244 of Official Records.
The location of the easement cannot be determined from record information.
6. An easement for water conduit and incidental purposes, recorded February 27, 1952 as Book
4385, page 532 of Official Records.
In Favor of: W.D. Cannon
Affects: as described therein
The location of the easement cannot be determined from record information.
7. An easement for drainage and incidental purposes, recorded October 1, 1958 in Book 7278, Page
165 of Official Records.
In Favor of: Various parties
Affects: As described therein
The location of the easement cannot be determined from record information.
8. The effect of a map purporting to show the land and other property, filed as Map No. 517 of
Record of Surveys.
9. An easement and riQiht of way for roadway and public utility and incidental purposes as reserved
in instrument recorded September 23, 1963 as instrument no. 169663 of Official Records, and
the right of others to use said easement as conveyed or reserved in various other instruments of
record, over, under, along and across the existing travelled way.
The location of the easement cannot be determined from record information.
10. The effect of a map purporting to show the land and other property, filed as Map No. 6617 of
Record of Surveys.
11. An easement and right of way for roadway and utility and incidental purposes as reserved in
instrument recorded June 30, 1966 as instrument no. 107724 of Official Records, and the right of
others to use said easement as conveyed or reserved in various other instruments of record,
over, under, along and across the existing travelled way.
The location of the easement cannot be determined from record information.
12. An easement for ingress, egress and public utilities and incidental purposes, recorded January 9,
1969 as Instrument INa. 4773 of Official Records.
In Favor of:
Affects:
Joseph L. Cantarini and Lillian G. Cantarini, Cline Cantarini and
Banning T. Cantarini
As described therein
f:irst American Iitie Insurance Company
Or, Number: NCS-768305-SD
Page Number: 4
A document entitled "Easement Notification Agreement", dated September 1, 1995 executed by
Banning T. Cantarini, Trustee of the Banning and Carol Cantarini Trust dated August 13, 1982 as
amended, and Cline V. Cantarini and Dolores Cantarini, Co-Trustees of the C.V. and D.F.
Cantarini Revocable Trust established March 3, 1988, subject to all the terms, provisions and
conditions therein mntained, recorded September 7, 1995 as Instrument No. 95-0398031 of
Official Records.
A portion of said easement was quitclaimed by document recorded September 7, 1995 as
Instrument No. 95-0398032 of Official Records.
The effect of a document entitled "Easement Quitclaim Deed", recorded April13, 2015 as
Instrument No. 201S-0172987 of Official Records.
Said document was not executed by the correct parties of record.
13. An easement for public utilities, ingress and egress and incidental purposes, recorded October 7,
1971 as Instrument No. 71-231011 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company, a corporation
As described therein
The location of the easement cannot be determined from record information.
14. An easement for public utilities and incidental purposes, recorded March 25, 1975 as Instrument
No. 75-067227 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company, a corporation
as described therein
The location of the easement cannot be determined from record information.
15. The effect of a map purporting to show the land and other property, filed as Map No. 13994 of
Record of Surveys.
16. The terms and provisions contained in the document entitled "Protest Waiver Agreement"
recorded September 7, 1995 as Instrument No. 1995-0398034 of Official Records.
17. The terms and provisions contained in the document entitled "Agreement Between Developer-
Owner and the City of Carlsbad for the Payment of a Public Facilities Fee for Inside the
Boundaries of Community Facilities District No. 1" recorded July 12, 1996 as Instrument No. 96-
0351885 of Official Records.
18. The terms and provisions contained in the document entitled "Right of Removal Agreement"
recorded October 30, 1996 as Instrument No. 1996-0548536 of Official Records.
19. An easement for public street and public utility purpose and incidental purposes,
recorded February 4,, 1998 as Instrument No. 98-0055998 of Official Records.
In Favor of:
Affects:
City of Carlsbad, a municipal corporation
As described therein
Said instrument also grants the privilege and right to extend and maintain drainage structures
and excavation and embankment slopes beyond the limits of said right of way where required for
the construction and maintenance thereof.
f:irst American Iitie Insurance Company
OrL 1\lumber: NCS-768305-SD
Page Number: 5
20. The effect of a map purporting to show the land and other property, filed as Map No. 17348 of
Record of Surveys.
21. An easement for public street and public utilities and incidental purposes, recorded March 27,
2007 as Instrument 1\lo. 2007-0205880 of Official Records.
In Favor of:
Affects:
City of Carlsbad, a Municipal Corporation
As described therein
22. An easement for public street and public utility and incidental purposes, recorded March 27, 2007
as Instrument No. 2007-0205882 of Official Records.
In Favor of:
Affects:
City of Carlsbad, a Municipal Corporation
as described therein
23. An easement for public street and public utilities and incidental purposes, recorded March 27,
2007 as Instrument l\lo. 2007-0205884 of Official Records.
In Favor of:
Affects:
City of Carlsbad, a Municipal Corporation
As described therein
24. A temporary non-exclusive easement for ingress and egress to and from one, and only one,
single-family residence as shown in Exhibit "B" and incidental purposes, recorded March 27, 2007
as Instrument No. 2007-205893 of Official Records.
In Favor of:
Affects:
Bepton Investments, LLC, an Arizona limited liability company
and Dartford Investments, LLC, an Arizona limited liability
company
As described therein
The location of the easement cannot be determined from record information.
25. Water rights, claims or title to water, whether or not shown by the public records.
26. Additional matters, if' any, following review by the Company's Waterways and Boundaries
Underwriters.
27. Rights of parties in possession.
First American Iitie Insl!rance Company
INFORMATIONAL NOTES
1. The property covered by this report is vacant land.
OrL ,\lumber: NCS-768305-SD
Page Number: 6
2. 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
3. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land
that is to be described in the policy or policies to be issued.
4. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
t:itst JJ.rnerican Iitie Insurance Cornpqny
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
Ort. .~umber: NCS-768305-SD
Page Number: 7
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and otller information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILilY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, 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) to be recorded in the public records;
3. If it is a forei~1n limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. 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, such document or instrument must 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 documents 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.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company ..
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance
on this map except to the extent coverage for such loss or damage is expressly provided by the terms
and provisions of the title insurance policy, if any, to which this map is attached.
*****lo obtain wire h1structions for deposit of funds to your escrow file please
contact your escrow Officer. *****
f:irst American Iitie Insurance Company
Or, Number: NCS-768305-SD
Page Number: 8
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL B OF ADJUSTMENT PLAT NO. 00-14,
RECORDED MARCH :27, 2007 AS INSTRUMENT NO. 2007-0205873, SAID POINT BEING THE
TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID PARCEL, SOUTH
89°26'55" EAST 782..37 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE ALONG
THE EAST LINE OF SAID PARCEL, SOUTH 46°35'02" EAST 647.81 FEET TO THE BEGINNING OF
A TANGENT 2000.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°19'27" AN ARC
DISTANCE OF 779.26 FEET; THENCE SOUTH 24°15'35" EAST 249.01 FEET TO THE BEGINNING
OF A TANGENT 1400.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 °22'55" AN ARC
DISTANCE OF 522.46 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL B, SAID POINT ALSO
BEING THE NORTHEAST CORNER OF PARCEL A OF ADJUSTMENT PLAT 05-14 RECORDED
MARCH 27, 2007 AS INSTRUMENT NO. 2007-0205887; THENCE CONTINUING SOUTHERLY ON
SAID CURVE ALONG THE EAST LINE OF SAID PARCEL A THROUGH A CENTRAL ANGLE OF
5°36'04" AN ARC DISTANCE OF 136.86 FEET; THENCE LEAVING SAID EAST LINE, NORTH
87°16'37" WEST 51.00 FEET; THENCE SOUTH 85°40'16" WEST 237.25 FEET; THENCE NORTH
33°09'38" WEST 90.:82 FEET; THENCE NORTH 67°35'40" WEST 44.98 FEET TO A POINT ON THE
EAST LINE OF PARCIEL 3 OF THE LAND DESCRIBED IN DEED TO RANCHO CARLSBAD PARTNERS,
RECORDED OCTOBER 21, 2005 AS INSTRUMENT NO. 2005-0911720 OF OFFICIAL RECORDS;
THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 13°32'35" EAST 114.38 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL 3, SAID POINT ALSO BEING ON THE SOUTH LINE OF
SAID PARCEL B OF ADJUSTMENT PLAT NO. 00-14; THENCE WESTERLY ALONG SAID LINE
NORTH 81 °34'45" WEST 582.19 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3, SAID
POINT ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE NORTHERLY
ALONG THE WEST LINE OF SAID PARCEL B, NORTH 13°32'38" EAST 249.90 FEET; THENCE
NORTH 13°34'44" EAST 299.92 FEET; THENCE NORTH 87°25'25" WEST 1132.85 FEET; THENCE
NORTH 00°14'31" EAST 181.08 FEET; THENCE NORTH 69°52'20" EAST 30.95 FEET; THENCE
NORTH 00°09'11" EAST 54.77 FEET; THENCE NORTH 01°25'49" WEST 57.64 FEET; THENCE
NORTH 01°16'49" WEST 52.56 FEET; THENCE NORTH 00°21'46" EAST 413.73 FEET; THENCE
SOUTH 86°20'05" WEST 26.79 FEET; THENCE NORTH 00°14'31" EAST 324.31 FEET TO THE
TRUE POINT OF BEGINNING.
SAID PARCEL BEING DESCRIBED AS PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED
SEPTEMBER 13, 2007 AS INSTRUMENT NO. 2007-0603111 OF OFFICIAL RECORDS.
APN: 209-060-70-00
f:irst Jtrnetican Iitie Insurance Company
Ord, .umber: NCS-768305-SD
Page Number: 9
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguc•rding 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 parent company, The First American
Corporation, 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 which you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of non public 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 non public 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 marketing 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
restrict access to nonpublic personal information about you to those individuals 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.
First American Iitie Insurance Company
Ora, .umber: NCS-768305-SD
Page Number: 10
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
$2S,OOO.OO
$25,000.00
$S,OOO.OO
Al.TA 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 th•e existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title 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
f:irst IVnericc:m Iitie Insurance Company
Ori.. .umber: NCS-768305-SD
Page Number: 11
3. Title 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 waterways 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 Mort(Jage, 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 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:
First American Iitie Insurance Company
OrL .Jumber: NCS-768305-SD
Page Number: 12
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.
2006 ALTA 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 l(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 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 Rislk 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:
f:irst American ?ttle Insurance Company
01 .'.Jumber: NCS-768305-SD
Page Number: 13
L (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) res<ervations 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.
ALTA EXIPANDED COVERAGE RESIDENTIAL LOAN POUCY (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:
L 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 16.
2. Rights of eminent domain. This Excllusion 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, assumed1 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 unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as 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 governmental authority and created or attaching subsequent
to Date of Policy. This Exclusion 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 Mortqage, 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.
f:irst American 71tle Insurance Company