HomeMy WebLinkAboutCT 2018-0003; MAGNOLIA BRADY; Tentative Map (CT).. (_ City of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
D Coastal Development Permit D Minor
0 Conditional Use Permit
0 Minor D Extension
0 Day Care (Large)
I)?;! Environmental Impact Assessment
0 Habitat Management Permit 0 Minor
0 Hillside Development Permit D Minor
0 Nonconforming Construction Permit
□ Planned Development Permit D Minor
0 Residential 0 Non-Residential
□ Planning Commission Determination
□ Reasonable Accommodation
□ Site Development Plan 0 Minor
□ Special Use Permit
□ Tentative Parcel Map (Minor Subdivision)
lZ} Tentative Tract Map (Major Subdivision)
□ Variance 0 Minor
(FOR DEPT. USE ONLY) Legislative Permits
C,T'Z...ult-
('}0/) 3
D General Plan Amendment
D Local Coastal Program Amendment
0 Master Plan
D Specific Plan
0 Zone Change
□Amendment
□Amendment
0 Zone Code Amendment
South Carlsbad Coastal ReviewArea
Permits
0 Review Permit
0 Administrative O Minor O Major
Village Review Area Permits
0 Review Permit
D Administrative O Minor O Major
(FOR DEPT. USE ONLY)
B
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBIIITTAL MUST BE SUBMITTED BY APPOINTMENr. PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
Development No. ,D£:_ J 1.)) \ ~ -0 0 I 0
P-1
•SAME DAY APPOINTMENTS ARE NOT AVAILABLE
(STREET ADDRESS)
ESTIMATED COMPLETION DATE
Lead Case No.
Page 1 of 6 Revised 03/17
...
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OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME 7A-YLoR. As-;troAJ INDIVIDUAL NAME .)AMg (if applicable): (if applicable):
COMPANY NAME fr),=t (ituOL.I~ )ti 3 l_LC.1 COMPANY NAME
(if applicable): ,A C?AL.. LJ/11 J rt~ l. l6. • Co. (if applicable):
MAILING ADDRESS: ~ tf. o y A cy: qu., '14-MAILING ADDRESS:
CITY, STATE, ZIP: ~-P>t5'5l!JN vfEiD CA. CITY, STATE, ZIP:
0
TELEPHONE: 949-584-2041 TELEPHONE:
EMAIL ADDRESS: T ,,4.'( L.a ,e,a .JG ,-J.7 t, /J "S • C D """-EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE.
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
~RPOSES OF ~~PLICATION.
)\ ~, ... u~ . x1/8/2018
SIGNAQYRE DATE SIGNATURE DATE
APPLICANrS REPRESENTATIVE (Print): /2.oei_eJL.I. 0. l.Af;J.W(. ~ -LA-/)_l..vl ~ IJlz.SJ~IO~kJv~, /A/<:.,
MAILING ADDRESS: f_o. 6c:>4. 7.--Z.~8
CITY, STATE, ZIP: C A~SM: D CA. 07..o/~
I
TELEPHONE: 16 0 .4-3g -5 /257.-
EMAIL ADDRESS: L~ ed w, Is Q ~ e.dJ.G.. = cc) AA...
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE ANO CORRECT TO THE BEST OF MY
KNOWLEDGE. ~trE-~ 1/g/jg-
SIGNATUR-' DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BBNG
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND .tN1 SUCCESSORS IN INTEREST.
X ~~~.
PE TY OWNER SIGNATURE
FOR CITY USE ONLY
JAN 2 2 2018
CITY er= 1_~'.,:\,~(LS:.~.~ .. J
DATE fNNIW1~~8d W6i ~EtEIVED
RECEIVED BY:
P-1 Page 2of6 Revised 03f17
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( Cicyof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
!)_evelopment Se_rvices
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as NAny indMdual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit"
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of & persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person 1'AYU>f.. A5,;f/[)AJ Corp/Part __________ _
Title fJ A NA(te Title ___________ _
~ H-o'IA ?I· Address {2.t,,{&) r".)l::5$"ta P {1t!iD Ct::f. 'l-z.6'14--Address
j ------------
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of & 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.)
Corp/Part ____________ _
Title ____________ _
Address ____________ _
Page 1 of 2 Revised 07/10
-1
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust.________ Non Profit/Trust _________ _
Title Title ___________ _ --------------Address, _________ _ Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve {12)
months?
D Yes 0' No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
'>-~~ · 1/8/2018
iureot owner/date Signature of applicant/date
Y.... Taylor Ashton
Print or type name of owner Print or type name of applicant
(Kofje fl, T {?_ LA-t> v..dq' _ tt)/2.. LAO tv J~ /Jtt' St C '-l (;_1<.d v'°f I AJ C.
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 07/10
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I.CIOl1 Desl1• Group. Ir·'-
"""--,-.....
MAGNOLIA-BRADY PROJECT DESCRIPTION
Site Address: 1534 Magnolia A venue, Carlsbad, CA 92008
Assessor Parcels -205-220-15 & 16
Gross area: 2.00 acres per vesting deeds. Net area 1.74 acres .
Existing and proposed land use= R-4 (0 to 4 DU's per acre)
Existing and proposed zoning = R-1 single family
Proposed lots to be single-family residential
Proposed number of lots = 7
Proposed density= 3.5 DU/acre (7 divided by 2 = 3.5 DU/acre)
Minimum lot size is 10,726 square feet
L-1132
January 16, 2018
R r.:-:,:~·-.~ ·,v4•o 't.-: ~. ,/ ~' ' ,;. :,. ' ·:~.,
JAN 2 2 2018
CffY 0:--(J\: ::: ... SBAD
PLANN:i"-.JG u,v;s10N
No buildings are proposed with this application. Home construction will take place after
the final map has recorded and the site has been graded. In addition to the 7 homes, 1
accessory dwelling unit is proposed to satisfy our affordable housing requirement.
The growth management control point for R-4 is 3.2. The vesting deeds for the
ownership include 2 13/foot-wide easements for public street dedicated on July 13, 2001,
and make up the easterly 13 feet of Brady Circle and total 0.13 acres. In addition, the
vesting deeds include the northerly 30 feet of Magnolia Ave., which is also another 0.13
acres. Using the vesting deed boundaries, our gross area is 2.00 acres. With 7 units
proposed, our density is 3.5 DU/AC (7 + 2 = 3.5), so we are asking for a 9.4% density
bonus to achieve 3.5 DU/AC. In addition, the Carlsbad General Plan has 2 sections that
allow exceeding the maximum densities in the R 1-5 or R-4 designations. Paragraph 2, p.
16, has 4 findings that need to be made to allow a slightly higher dwelling unit yield, and
we can meet the 4 findings. General Plan section 2, p. 8, has 3 necessary findings, and
we can meet them also.
Grading proposed: 1440 CY of cut/1440 CY of fill .
Maximum cut depth= 3.0 feet .
Maximum fill depth= 3.7 feet .
Graded slopes are 2:1 .
Each graded lot will construct a bio-filtration basin mostly within the proposed front yard
setback. Basin will be connected with a private storm drain and discharge into an
existing public storm drain in Brady Circle.
A new l" water service will be constructed for each (7) lot. Precise location of each
water service, driveway, and bio-basin may change depending on final design.
The existing home built in 1939 is falling apart and will be removed .
A Phase 1 environmental site assessment report was prepared by Geocon on October 17,
2017, and there was no evidence ofREC's in connection with the site, and no additional
environmental assessment appears warranted. (See attached report.)
There currently is a wall encroachment into the property from the adjacent single-family
home at 1671 Brady Circle (assessor's parcel 205-440-08). We are proposing to grant to
the adjacent owner a 3-foot-wide wall maintenance easement. The existing wall
encroaches 0.2 feet maximum, and several columns encroach from 0.4 to 0.6 feet.
Robert C. Ladwig
Ladwig Design Group, Inc.
P.O. Box 1118. Cerlslted. ca 91118
(761) 418-1181 -FAX (761) 418-1171 -ld9@dwllsone119-com
1.a(.19 Desl9n Group. O.
Carlsbad Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
L-1132
January 22, 2018
Subject: 1st submittal for tentative subdivision map for "Magnolia-Grady" -located at
1534 Magnolia Avenue on Assessor's Parcels 205-220-15 and 16 -2.00 acres.
Please find attached:
1. Completed/signed Land Use Review application form (P-1)
2. Completed EIA form signed with attached answers to questions 32 and 33.
3. Climate Action Plan (P-30) -Check list #1 answered "No" -the project is less than 50
dwelling units.
4. Disclosure Statement (P-1 A).
5. Two copies of Preliminary Title Report dated 12/8/17.
6. Circulation Impact Analysis -not required. New ADT generation for 7 lots is 70 ADT -
well under 500 per day minimum requirement.
7. Two copies of a preliminary soils/geology report: Geocon report dated January 17, 2018.
8. Two copies of preliminary hydrology study.
9. Completed and signed form E-36 standard project check list.
10. Completed and signed form E-35.
11. Completed project description.
12. Signed notice of time limits on discretionary applications.
13. Signed hazardous waste and substance statement form.
14. Color photographs of the property.
15. Seven folded copies of the tentative map.
16. Seven folded copies of the conceptual landscape plan and water conservation plan.
17. Constraints map not required -previously graded site, existing old home and out-buildings
to be removed.
18. Early public notice package which includes a 600-foot radius owners list, 2 sets of mailing
labels, a radius map, and $47.53 for postage for 1 mailing (97 labels at 49¢ = $47.53).
19. Notice fee of$334.
20. Tentative map fee for 7 lots -$8,976. ($8,756 + $110 + $110 = $8,976).
21. Total fees submitted (lines 18, 19, & 20) = $9,357.53 (Magnolia A3, LLC, check #1005).
Please accept the above as our application for a tentative subdivision map on property at
1534 Magnolia Avenue, Carlsbad.
~
Robert C. Ladwig, President
Ladwig Design Group, Inc.
cc: Taylor Ashton
Dave Lother
P.O. 8oz 1118, Carlsbad, CA 91018
)
JAN 2 2 2013
(760) 418-1181 -FAX (761) 411-1171 -•dto••••• .. coa
r ~ Cicyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Develooment Services --·-·-------··------·
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
~ The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
0 The development project and any alternatives proposed in this application I!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT f<.tJI¾ flT t!_ LAt:>c...uJC,
Name:LApu.,,t;_ 0€'>1h.lll ~ll.cJvf,t}(.)<:-
Address: I°-~. BoK -Z"Z.~
t!/¼L-"51hl.), C;d. '9"2.017
Phone Number: 1 o o-4-S? · "3 I f}'L.
14~~~ER~~~ER
Name: Jf? A.:, ..u.c.1u4 ,4 3 L'-. c.
Address: S" /-fa; YA 'S].
/1..Ha /14'5S /OI\J l/l~Jo ,C-"1. ~lZh'7<'/-,
Phone Number: 949-584-2041
Address of Site: IS-$4--.,nA-~N~I,'-\ -eAl2.G56~. c.,.g. 42.oo 8
Local Agency (City and County): C.A/4.l.s-~ 54 IU l>1€~a _c:Jc}..Jt':,Jf-Y
Assessor's book, page, and parcel number..___,Z __ o_S""_-_"Z_"Z_o_._/_S-___,f_1_G _________ _
Specify list(s}: -KC[.Ac.N('b
Regulatory Identification Number:. _____________________ _
Date of list. ____________________________ _
The Haza OLIS • • • ca
agencies and developers to comply with the California Environmental Quality Act requirements
in providing infonnation about the location of hazardous materials release sites.
P-1(C) Page 1 of2 JAN 2 2R-02/13
Ctl-·'( ();:. '~.::~\; .~--:~·,,~.·=1
i:,;._p,.~\-J:\ lG C>,'..i:~ .. : . (__-/ I Jv
. .._
Per the California Environmental Protection Agency's website, 'While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
VJWW.calepa.ca.gov/sitecleanup/CorteseList/default.htm
www.calepa.ca.gov/database/calsites
W',WJ.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://geotracker.waterboards.ca.gov/
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ea.us/deh
Hazardous Materials Division
www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax)
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCLIS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
IA'WW.epa.gov/superfund/sites/npl/npl.htm
P-1(C) Page2 of2 Revised 02/13
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant) JAN 2 2 2018
Date Filed: ___________ (To be completed by City) CITY OF C,t•S<.:-~~~ . .:.:=i
P!...P.NNINS :)U:s.=..; Application Number(s): ________________________ _
General Information
1. Name of project: /PAullJD (,,.I .4. -6 f!..AP '(
2. Name of developer or project sponsor: -LJm=M~c.r..:IU~O .... L.~La.-~L.-..... tfc..;....aJ':.....f-/ ...l:L.....:L:..::L=-------
Address: 2 HO YA 5-f •
City, State, Zip Code: ~HO rt1 I 55'"/0 J..J Vi.€,} o , CA . q 2..~'9¢. I
Phone Number: q 4-4 -.>~ 4--7 o 4-1
3. Name of person to be contacted concerning this project: &e LADw/tq
Address: f. tJ • {;)CJ K -Z.. Z 5 g,
City, State, Zip Code: CA tL Lcr/3,,J-Q ' C.,.e.) . ~ 2cx:J9
Phone Number: 1 b tJ ✓ 4-3? -'3' I g-'L
4. Address of Project: /5 J ¢-/11,4 /4 ,I(} L>w A ~ C4&0:;M;1J C ~ . '0 2c>o fl I
Assessor's Parcel Number: 2 tJ $" -22 0 -I J Z. I &1 I
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Tt:v7AT/UE tfl-4.GT ynAP
6. Existing General Plan Land Use Designation: /?-4-{ b -4-"DU ·:, /;Jc)
7. Existing zoning district: /2 -[ -Q /lJ G if PAJ,1,1 IL '['
8. Existing land use(s): _L-...._ ___________________ _
9. Proposed use of site (Project for which this form is filed): ~/<~"_,_/ _________ _
Project Description
10. Sitesize: ,z..o Ac,/2.rt5·6MSS ; J. 71: Aae~ NR7
11. Proposed Building square footage: tjJolJIL. (?t?:c>Pose;D u 1 11+! APf'L/ ~ f'lc?JJ
12: Number of floors of construction: -~-A..:._ _______________ _
13. Amount of off-street parking provided: ---:./v_A ________________ _
14. Associated projects: -'-'/U::;.<,.. _____________________ _
P-1(0) Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: 1 l) IJ I T S
f fl.o Pos1z-c> ~ JD, 'looi Ml AJ . Lt:> t ~ t ?..€.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _,L;:;...;_A-_,__ _________________ _
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _.lu--=-=A-........, __ _
18.
19.
P-1(0)
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: __.N'-'-"A-______ _
If the project involves a variance, conditionaJ use or rezoning applications, state this and indicate
clearly why the application is required: ...:./V.-~-------------------
Page 3 of4 Revised 07/10
.,...
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes ~ 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or □ lZI
roads.
22. Change in pattern, scale or character of general area of project. □ rR'.]
23. Significant amounts of solid waste or litter. □ 181
24. Change in dust, ash, smoke, fumes or odors in vicinity. □ IZI
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ IZ)
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. □ ~
27. Site on filled land or on slope of 10 percent or more. □ ~
28. Use of disposal of potentially hazardous materials, such as toxic substances, □ igJ
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D l8I
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D ~
31. Relationship to a larger project or series of projects. D lgj
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Date: ~-IO , -Z CJ /,J'-SignabJre: ~~
() I
For: ~~~,J»c.
P-1(0) Page4of4 Revised 07/10
1.c10.i1 De1i9n Group. I~.
EIA INFORMATION FOR MAGNOLIA-BRADY
Environmental setting-Question 32:
L-1132
January 10, 2018
The existing site is flat and mostly void of vegetation. An existing home constructed in
193 9 has been occupied (Storm Family) from 1941 until late in 2017. The existing home is
completely falling apart and will be removed. See attached photographs.
Environmental setting-Question 33:
The surrounding properties include a middle school to the east and single-family homes
to the north, west, and south.
The property is mostly clear of vegetation except for non-native plants near the existing
home. See attached photographs.
Sincerely,
~
Robert C. Ladwig
Ladwig Design Group, Inc.
RCL/bl
P.O. Box 1158, Carlsbad., CR 91018
(760) 418-1181 -FAX (760) 411-0171 -ld9@dwll1oa•n9.com
( City of
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
_D__ev_~/2..P_ment Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application Is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (760) 602~
Applicant Signature: ...;.~ .... --~--1--... ~-----------------
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1
rur... -,,-., ' -~~--r
,;'(_ .::: '-•-' :: .. : __ ,,
JAN 2 2 2018
Ci-r'{ OF c:,~\,~L..S,:~~:~:'t
~:.,_l~U\~'.,\2 =/\},;':,_ :..--~
Revised 07/10
l--//>L
( City of
Carlsbad
INTRODUCTION
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that
the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions
reductions. The purpose of the CAP Consistency Checklist (Checklist) is to, in conjunction with the CAP,
provide a streamlined review process for proposed new development projects that are subject to
discretionary review and trigger environmental review pursuant to the California Environmental Quality
Act (CEQA).
Analysis of GHG emissions and potential climate change impacts from new development is required
under CEQA. The CAP is a plan for the reduction of GHG emissions in accordance with CEQA Guidelines
Section 15183.5. Pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b), a
project's incremental contribution to a cumulative GHG emissions effect may be determined not to be
cumulatively considerable if it complies with the requirements of the CAP.
This Checklist contains measures that are required to be implemented on a project-by-project basis to
ensure that the specified emissions targets identified in the CAP are achieved. Implementation of these
measures would ensure that new development is consistent with the CAP's assumption for relevant CAP
strategies toward achieving the identified GHG reduction targets. Projects that are consistent with the
CAP as determined through the use of this Checklist may rely on the CAP for the cumulative impacts
analysis of GHG emissions. Projects that are not consistent with the CAP must prepare a comprehensive
project-specific analysis of GHG emissions, including quantification of existing and projected GHG
emissions and incorporation of the measures in this Checklist to the extent feasible. Cumulative GHG
impacts would be significant for any project that is not consistent with the CAP.
The Checklist may be updated from time to time to incorporate new GHG reduction techniques or to
comply with later amendments to the CAP or local, state, or federal law.
JAN 2 2 201B
P-30 Page 1 of 13 Revised 02/17
City of Carlsbad Climate Action Plan Consistency Checklist
Contact Information
Project No./Name:
Property
Address/APN:
Applicant Name/Co.:
Contact Phone:
Was a consultant retained to complete this checklist?
Consultant Name:
Company Name:
Project Information
1. What is the size of the project (acres)?
2. Identify all applicable proposed land uses:
Contact Email: 7a.vlor& A5./,-r,JN l· a -,....n-,
□Yes ~ If Yes, complete the following
Contact Phone:
Contact Email:
2.o
@'Residential (indicate# of one-and two-family units): / -'-------------------
□ Residential (indicate# of multi-family units):
D Commercial (indicate total square footage):
□ Hotel (indicate# of rooms):
□ Industrial {indicate total square footage):
D Other (describe):
3. Provide a brief description of the project proposed:
P-30 Page 3 of 13 Revised 02/17
..
City of Carlsbad Climate Action Plan Consistency Checklist
CAP CONSISTENCY CHECKLIST QUESTIONS
STEP 1: LAND USE CONSISTENCY
The first step in this section evaluates a project's GHG emissions consistent with guidance provided by
the California Air Pollution Control Officers Association (CAPCOA). New non-exempt (i.e., subject to
CEQA review) discretionary development projects that emit fewer than 900 metric tons of carbon dioxide
equivalent (MTC02e) would not contribute considerably to cumulative climate change impacts as stated
in the CAP, and therefore, do not need to demonstrate consistency with the CAP.
For projects that are subject to the CAP consistency evaluation, the first step in determining CAP
consistency for discretionary development is to assess the project's consistency with the growth
projections used in the development of the CAP. This section allows the city to determine a project's
consistency with the land use assumptions used in the CAP.
Step 1: I.Md Uea Conslatency
Checklist Item
(Check the appropriate box and provide explanation and supporting documentation for your answer)
1. The size and type of projects listed below would emit fewer than 900 MTC<ne per year. Based on this threshold,
does the proposed project equal or exceed these characteristics?
• Single-Family Housing: 50 dwelling units
• Multi-Family Housing: 70 dwelling units
• Office: 35,000 square feet
• Retail Store: 11 ,000 square feet
• Grocery Store: 6,300 square feet
• Other: For project types not listed in this section, induding changes in use of, or enlargement of an
existing building that results in a net increase in GHG emissions, the need for GHG analysis and
mitigation will be made on a project-specific basis, considering the 900 MTCCne saeening threshold.
If "Yes", proceed to Question 2.
Yes No
□
If "No", in accordance with the City's CAP screening criteria, the project's GHG impact is less than significant and not subject to the measures of the
CAf.
2. Is the proposed project consistent with the existing General Plan land use and zoning designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project
include a land use plan and/or zoning designation amendment that would result in an equivalent or less GHG-
intensive project when compared to the existing designations?
□ □
If ''Yes", proceed to Step 2 of the Checklist. For the second option under question 2 above, provide estimated project emissions under both existing
and proposed designation(s) for comparison. Emissions must be estimated in accordance with the City's Guidance to Demonstrating Consistency
with the Climate Action Plan.
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. The project must prepare a GHG analysis
in accordance with the City of Carlsbad's Guidance to Demonstrating Consistency with the Oimate Action Plan to demonstrate how it would offset
the increase in emissions over the existing designations. The project must incorporate each of the measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. Proceed
and complete a project-specific GHG analysis and Step 2 of the Checklist.
P-30 Page 4 of 13 Revised 02/17
I
(._ City of
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
E-34
I INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual ,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME: Magnolia-Brady PROJECT ID:
ADDRESS: Brady Circle APN: 205-220-15 and 205-220-16
The project is (check one): D New Development ~ Redevelopment
The total proposed disturbed area is: 75,786 ft2 ( ) acres
The total proposed newly created and/or replaced impervious area is: 30,316 ft2 ( } acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID
Then, go to Step 1 and follow the instructions.
application to the city.
E-34
SWQMP#:
When completed, sign the form at the end and submit this with your
Page 1 of 4
RECE D
JAN 2 2 2018
CITY OF CARLSBAD
PLANNING DIVISION REV 02/16
(',✓ L---,, I
STEP1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project'', please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ ~ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads;
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets guidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ ~ accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ ~
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP .. ." and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If vou answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 02/16
STEP3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ ~
and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or ~ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 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 (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ ~
development project includes development on any natural slooe that is twenty-five percent or qreater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ ~ a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a street, road, highway □ 0 freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface
used for the transportation of automobiles, trucks, motorcycles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? uDischarging Directly to n includes flow that is conveyed overland a distance of □ ~
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ ~ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ ~ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per dav.
1 O. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land 0 □ and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
□ 0 impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC
21 .203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box statinq "My project is a 'ST AND ARD PROJECT' ... " and complete applicant information.
E-34 Page 3 of 4 REV 02/16
..
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP}
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A)= S,031 sq. ft. □ ~
Total proposed newly created or replaced impervious area (B) = 30,316 sq. ft.
Percent impervious area created or replaced (B/A)*100 = 602 %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the
check the first box statino "Mv oroiect is a PDP ... " and complete aoolicant information.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
I!(! My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'ST ANOARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
/2 c)f:,< /L -r C'. L A-Dw1({"
Applicant Name: i,.Al)w/4 ()_L'~ I(,_ ~ ~ t(!_IL.{3. I Xi c.... Applicant Title: fizrs1P~AJ1
Applicant Signature: ~~ Date: 1(Le/1<?
.. . . • Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentaUy sensitive areas which have been identified by the City.
This Box for Citv Use Only
YES NO
City Concurrence: □ □
By:
Date;
Project ID:
E-34 Page 4 of 4 REV 02/16
( City of
Carlsbad
Project Name: Magnolia-Brady
Project ID:
DWG No. or Building Pennit No.:
STANDARD PROJECT
REQUIREMENT
CHECKLIST
E-36
Project Information
Source Control BMPs
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See
Chapter 4 and Appendix E.1 of the BMP Design Manual for infonnation to implement source control BMPs shown in this
checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the
Model BMP Design Manual. Discussion/justification is not required.
• "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is
addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussionfjustification may be
provided.
Source Control Requirement Applied?
SC-1 Prevention of Illicit Discharges into the MS4 0Yes □No ON/A
Discussion/justification if SC-1 not implemented:
SC-2 Storm Drain Stenciling or Signage i2)Yes □No ON/A
Discussion/justification if SC-2 not implemented:
SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind □Yes ONo i21 N/A Dispersal
Discussion/justification if SC-3 not implemented:
No outdoor materials storage areas on proposed project.
E-36 Page 1 of 4 Revised 03/16
. Source Control Reauirement (continued} Aoolied?
SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and □Yes ONo 0N/A Wind Disoersal
Discussion/justification if SC-4 not implemented:
No materials stored in outdoor work areas on project.
SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal □Yes ONo 0N/A
Discussion/justification if SC-5 not implemented:
No outdoor trash storage areas on project.
SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and
identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for guidance).
□ On-site storm drain inlets 0Yes 0 No 0 N/A
□ Interior floor drains and elevator shaft sump pumps □Yes ONo 0 N/A
D Interior parking garages 0Yes ONo ON/A
D Need for future indoor & structural pest control □Yes ONo 0N/A
□ Landscape/Outdoor Pesticide Use 0Yes □No ON/A
□ Pools, spas, ponds, decorative fountains, and other water features □Yes ONo 0N/A
D Food service □Yes ONo 0N/A
D Refuse areas □Yes □No 0N/A
D Industrial processes □Yes □No 0N/A
□ Outdoor storage of equipment or materials □Yes ONo 0N/A
D Vehicle and Equipment Cleaning □Yes 0 No 0N/A
□ Vehicle/Equipment Repair and Maintenance □Yes □No 0N/A
D Fuel Dispensing Areas □Yes □No 0N/A
D Loading Docks □Yes □No 0N/A
D Fire Sprinkler Test Water □Yes ONo 0N/A
□ Miscellaneous Drain or Wash Water □Yes □No 0N/A
□ Plazas, sidewalks, and oarkina lots □Yes □No 0N/A
For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers.
E-36 Page 2 of 4 Revised 03/16
Site Design BMPs
All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See
Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual for information to implement site design BMPs shown in
this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of
the Model BMP Design Manual. Discussion / justification is not required.
• "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "NIA" means the BMPs is not applicable at the project site because the project does not include the feature that is
addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be
provided.
Source Control Requirement I Applied?
SD-1 Maintain Natural Drainaqe Pathways and Hydrologic Features I i21Yes I O No ION/A
Discussion/justification if S0-1 not implemented:
SD-2 Conserve Natural Areas, Soils, and Vegetation I 0Yes I □No l □ N/A
Discussion(justification if SD-2 not implemented:
SD-3 Minimize Impervious Area I i2'1 Yes I □ No ID NIA
Discussion/justification if SD-3 not implemented:
SD-4 Minimize Soil Compaction I i21Yes I □No I ON/A
Discussion/justification if SD-4 not implemented:
SD-5 Impervious Area Dispersion I i21Yes I D No ID N/A
Discussion/justification if SD-5 not implemented:
E-36 Page 3 of 4 Revised 03/16
..
Source Control Requirement (continued) I Applied?
SD-6 Runoff Collection I 0Yes I ONo I ON/A
Discussion/justification if SD-6 not implemented:
SD-7 LandscapinA with Native or Drought Tolerant Species I i!)Yes I □No I ON/A
Discussion/justification if SD-7 not implemented:
SD-8 Harvesting and Using Precipitation I □Yes I 0No I ON/A
Discussion/justification if SD-8 not implemented:
Harvest and use is considered to be infeasible.
See Appendix 1c for additional info.
E-36 Page 4 of 4 Revised 03/16
CLTA Preliminary Report Form
(Rev. 11/06)
t A flll IE It I ~~ First American Title
Order Number: NHSC-5603630 (RD)
Page Number: 1
Amended
First American Title Company
1250 Corona Pointe Court, Suite 200
Corinne Velez
Farmers and Merchants Bank
255 East Santa Clara Street, Suite 210
Arcadia, CA 91006
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
Corona, CA 92879
NHSC-5603630 (RD)
Richard Dominick
(951)256-5812
rdominick@firstam.com
Magnolia A3 LLC
1534 Magnolia
carlsbad, CA
PREUMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not exduded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration dause, all arbitrable matters shall be arbitrated at the opuon of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CL TA and AL TA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth In Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exdusions set forth In Exhibit A of this
report carefully. The exceptions and exdusions are meant to provide you with notice of matters which are not covered
under the terms of the title Insurance policy and should be carefully considered.
It Is Important to note that this preliminary report Is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
First Ameriean Title
Dated as of December 08, 2017 at 7:30 A.M.
Order Number: NHSC-5603630 (RD)
Page Number: 2
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:
MAGNOLIA A3 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes for the fiscal year 2017-2018, are unsegregated at this time.
Affects: Parcels 1 and 3
2. General and special taxes and assessments for the fiscal year 2017-2018.
First Installment: $386.68, PAID
Penalty: $0.00
second Installment: $386.68, OPEN
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 205-220-15-00
Affects: Parcels 1 and 3
A"rst American Title
Order Number: NHSC-5603630 (RD)
Page Number: 3
3. General and special taxes and assessments for the fiscal year 2017-2018.
First Installment: $247.76, PAID
Penalty: $0.00
Second Installment: $247.76, OPEN
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 205-220-16-00
Affects: Parcel 2
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 recital contained on the map of said land relinquishing jurisdiction and control over all pipes,
poles or other structures, or work, trees and anything of whatever nature that may be upon,
across or over the highways offered for dedication.
6. An easement for telephone and/or electric poles and lines, and for sewer, water and/or mains
and pipe lines and incidental purposes, recorded December 27, 1939 in Book 983, Page 129 of
Official Records.
In Favor of:
Affects:
WM. C. Kerckhoff Company, a corporation
As described therein
The location of the easement cannot be determined from record information.
7. The effect of a map purporting to show the land and other property, filed as Map No. 14226 of
Record of Surveys.
8. An easement for public street and public utility purposes and incidental purposes, recorded July
13, 2001 as Instrument No. 2001-0483136 of Official Records.
In Favor of: City of Carlsbad, a municipal corporation
Affects: Parcel2
9. An easement for public street and public utility and incidental purposes, recorded July 13, 2001
as Instrument No. 2001-0483137 of Official Records.
In Favor of:
Affects:
City of Carlsbad, a municipal corporation
Parcel 1
10. Any lien, or right to a lien for services, labor or material not shown by the public records.
11. Water rights, claims or title to water, whether or not shown by the public records.
12. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or
Highway.
13. Rights of parties in possession.
First American Title
Affects: Parcel 2
Order Number: NHSC-5603630 (RD)
Page Number: 4
Prior to the issuance of any policy of title insurance, the Company will require:
14. With respect to Magnolia A3 LLC, a California limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or
restatement of articles of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, that such document or instrument be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed by at
least two duly elected or appointed officers, as follows: the chairman of the board, the president
or any vice president, and any secretary, assistant secretary, the chief financial officer or any
assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one manager
if the limited liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require
First American Title
Order Number: NHSC-5603630 (RD)
Page Number: 5
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. According to the latest available equalized assessment roll in the office of the county tax
assessor, there is located on the land a(n) Single Family Residence known as 1534 Magnolia
Avenue, Carlsbad, California.
Affects: Parcels 1 and 3
2. The property covered by this report is vacant land.
Affects: Parcel 2
3. 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:
A document recorded December 14, 2016 as Instrument No. 2016-0683982 of Official Records.
From:
To:
Affects:
Joyce A. Swafford, as a tenant in common
Joyce A. Swafford, a married woman as her sole and separate property,
as trustee of the Swafford Living Trust, executed on April 10, 1990
Parcel 3
Document re-recorded February 1, 2017 as Instrument No. 2017-0054093 of Official Records.
A document recorded December 14, 2016 as Instrument No. 2016-0683985 of Official Records.
From: Joyce A. Swafford, as a tenant in common
To: Joyce A. Swafford, a married woman as her sole and separate property,
as trustee of the Swafford Living Trust, executed on April 10, 1990
Affects: Parcel 2
Document re-recorded February 14, 2017 as Instrument No. 2017-0074801 of Official Records.
First American Title
Order Number: NHSC-5603630 (RD)
Page Number: 6
A document recorded June 28, 2017 as Instrument No. 2017-0292282 of Official Records.
From: Helen Kay Storm, Successor Trustee of the Gary M. Storm Living Trust
dated October 2, 2004
To: Helen Kay Storm, Trustee of the Helen Kay Storm Living Trust dated
October 2, 2004
Affects: Parcels 2 and 3
A document recorded December 8, 2017 as Instrument No. 2017-0573451 of Official Records.
From: Helen Kay Storm, a married woman, spouse of the grantee
To: Gary Michael Storm, a married man
A document recorded December 8, 2017 as Instrument No. 2017-0573453 of Official Records.
From: Edwin 0. Swafford, a married man, spouse of the grantee
To: Joyce A. Swafford, a married woman
A document recorded December 8, 2017 as Instrument No. 2017-0573455 of Official Records.
From: Larry Storm and Wilda Jean Storm, Trustees of the Storm Family Trust
dated August 12, 1997, as to an undivided 33.34% interest and Helen
Kay Storm, Trustee of the Helen Kay Storm Living Trust dated October 2,
2004, as to an undivided 33.33% interest and Joyce A. Swafford, a
married woman as her sole and separate property, as Trustee of the
Swafford Living Trust, executed on April 10, 1990, as to an undivided
33.33% interest
To: Magnolia A3 LLC, a california limited liability company
4. We find no open deeds of trust. Escrow please confirm before closing.
5. We are informed that a work of improvement is contemplated on the land referred to in this
report/commitment. The land will be inspected on the day documents are intended to be
recorded for the purpose of determining whether the commencement of work has occurred.
(Commencement of the work includes but is not limited to grading, staking and delivery of
equipment or materials.)
Should commencement of work occur prior to the close of escrow and recordation of documents,
the Company will require various documents and information, including but not limited to a
completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement,
disbursement information, executed indemnity agreement and current financial information from
proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued.
Other requirements may be made following the review of such documents and information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Order Number: NHSC-5603630 (RD)
Page Number: 7
LEGAL DESCRIPTION
Real property in the City of carlsbad, County of San Diego, State of california, described as
follows:
PARCEL 1: (APN: PORTION 205-220-15-00)
THAT PORTION OF TRACT 245 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE DISTANT THEREON
NORTH 61°21' EAST 432.8 FEET FROM A CONCRETE MONUMENT AT THE INTERSECTION OF
THE CENTER LINES OF MAGNOLIA AVENUE AND HIGHLAND STREET; THENCE NORTH 28°39'
WEST 248.44 FEET TO THE TRUE POINT OF BEGINNING OF THE PROPERTY HEREIN
DESCRIBED; THENCE CONTINUING NORTH 28°39' WEST 218.44 FEET; THENCE NORTH 61°21'
EAST 186.60 FEET TO THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED FROM SOUTH
COAST LAND COMPANY TO ELMER CHARLES PEDLEY ET UX, DATED JUNE 11, 1931 AND
RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF DEEDS, IN THE COUNTY RECORDER'S
OFFICE; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 28°39' EAST 466.88 FEET TO
THE CENTER LINE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 61 °21'
WEST 15 FEET TO A LINE WHICH IS PARALLEL WITH AND 15 FEET SOUTHWESTERLY AT RIGHT
ANGLES FOR SAID PEDLEY'S SOUTHWESTERLY LINE; THENCE ALONG SAID PARALLEL LINE,
NORTH 28°39' WEST 248.44 FEET TO A LINE BEARING NORTH 61 °21' EAST FROM THE TRUE
POINT OF BEGINNING; THENCE SOUTH 61 °21' WEST 171.60 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2: (APN: 205-220-16-00)
THAT PORTION OF TRACT 245 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE DISTANT THEREOF
NORTH 61 °21' EAST 432.8 FEET FROM A CONCRETE MONUMENT AT THE INTERSECTION OF
THE CENTER LINES OF MAGNOLIA AVENUE AND HIGHLAND STREET; THENCE NORTH 28°39'
WEST 248.44 FEET; THENCE NORTH 61 °21' EAST 171.60 FEET TO A LINE WHICH IS PARALLEL
WITH AND 15 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF
LAND DESCRIBED IN DEED FROM SOUTH COAST LAND COMPANY TO ELMER CHARLES PEDLEY,
ET UX, DATED JUNE 11, 1931 AND RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF
DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, THENCE
ALONG SAID PARALLEL LINE SOUTH 28°39' EAST 248.44 FEET TO SAID CENTER LINE OF
MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 61°21' WEST 171.60 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF TRACT 245 THUM LANDS, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA, DISTANT THEREON NORTH
Rrst American ntte
~
"
Order Number: NHSC-5603630 (RD)
Page Number: 8
61°21' EAST 432.8 FEET FROM A CONCRETE MONUMENT AT THE INTERSECTION OF THE
CENTER LINES OF MAGNOLIA AVENUE AND HIGHLAND STREET; THENCE NORTH 28°39' WEST
248.44 FEET; THENCE NORTH 61°21' EAST 171.60 FEET TO A LINE WHICH IS PARALLEL WITH
AND 15 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF LAND
DESCRIBED IN DEED FROM SOUTH COAST LAND COMPANY TO ELMER CHARLES PEDLEY, ET
UX, DATED JUNE 11, 1931 AND RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF DEEDS
IN THE OFACE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY AND THE TRUE
POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 28°39' EAST 248.44 FEET
TO SAID CENTER LINE OF MAGNOLIA AVENUE, THENCE ALONG SAID CENTER LINE SOUTH
61°21' WEST 10 FEET TO A LINE THAT IS PARALLEL WITH AND 25 FEET SOUTHWESTERLY AT
RIGHT ANGLES FROM SAID PEDLEY'S SOUTHWESTERLY LINE; THENCE ALONG SAID PARALLEL
LINE NORTH 28°39' WEST 248.44 FEET TO A LINE BEARING SOUTH 61°21' WEST FROM THE
TRUE POINT OF BEGINNING; THENCE NORTH 61°21' EAST 10 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 3: (APN: PORTION 205-220-15-00)
THAT PORTION OF TRACT 245 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, ALEO IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE, DISTANT THEREOF
NORTH 61 °21' EAST 432.8 FEET FROM A CONCRETE MONUMENT AT THE INTERSECTION OF
THE CENTER LINES OF MAGNOLIA AVENUE AND HIGHLAND STREET; THENCE NORTH 28°39'
WEST 248.44 FEET; THENCE NORTH 61°21' EAST 171.60 FEET TO A LINE WHICH IS PARALLEL
WITH AND 15 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF
LAND DESCRIBED IN DEED FROM SOUTH COAST LAND COMPANY TO ELMER CHARLES PEDLEY,
ET UX, DATED JUNE 11, 1931 AND RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF
DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY AND THE
TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 28°39' EAST 248.44
FEET TO SAID CENTER LINE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE
SOUTH 61°21' WEST 10 FEET TO A LINE THAT IS PARALLEL WITH AND 25 FEET
SOUTHWESTERLY AT RIGHT ANGLES FROM SAID PEDLEY'S SOUTHWESTERLY LINE; THENCE
ALONG SAID PARALLEL LINE NORTH 28°39' WEST 248.44 FEET TO A LINE BEARING SOUTH
61°21' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 61°21' EAST 10 FEET TO
THE TRUE POINT OF BEGINNING.
first American Title
09
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