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HomeMy WebLinkAboutCompleteness Review Documents (3) Completeness Review #1 Project Address 200 Paso Robles Dr Project Name Application Number SBDV-0156-2025 Review of Request for certificate of compliance for APN 052-271-010 Engineering Steve LaChaine (805) 781-7201 | slachaine@slocity.org ☐ Complete ☒ Incomplete (see below) The following information is needed in order to complete this application (list and describe): 1. Submit title report , missing from application items. City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org April 29, 2025 Linda Stimson, Stimson Family Trust (sent via email) c/o Kerry Margason and Andrew Darrell MBS Land Surveys 3559 S Higuera St San Luis Obispo CA 93401 Subject: Application SBDV-0156-2025 (200 Paso Robles) Determination of application completeness Dear Kerry and Andrew: I write to inform you that after review of the materials submitted with your client’s application regarding a Certificate of Compliance (SBDV-0156-2025), the application was determined to be incomplete on April 25th, pending receipt of additional information or materials needed to complete the application: 1. Preliminary Title Report. Provide a current (w/in 3 months) Preliminary Title Report, for all properties proposed for Certificate of Compliance. Also include an Abstract of Title or Deed history in support of conveyance or division in compliance with the Subdivision Map Act (i.e., where such event occurring prior to March 4, 1972 may have created the parcel(s)). 2. Supplementary Statement. The Supplementary Statement provided with this application describes a July 1948 annexation as an event which separated the subject property from adjacent property (to the north of the annexation boundary), and issuance of permits as “severing” the property into separate parcels. Provide additional information about these events, including an explanation, including citations to relevant codes and statutes, of the manner in which the 1948 annexation created separate parcels, and information about the date of issuance, scope of work, and permit reference (i.e., permit number) for the building permits described in this statement. Preliminary review is intended to ensure that staff has adequate information to evaluate your project and identify any conflicts with City standards or guidelines. The above list of “completeness items” includes all of the items identified as necessary to complete your application, and the application will remain in an incomplete status until they are received. On resubmittal, please provide a narrative response indicating where the items can be found in plans or application materials. Please also note that the application will be determined to be in an inactive status and deemed to be withdrawn if the above items are not received within 180 days, as provided by Section 17.104.060 of the City’s Zoning Regulations. When the application is determined to be complete, formal evaluation of the project will begin, and action on the application will be tentatively scheduled. The City may ask for further clarification or amplification of information after an application accepted as complete. Feel free to contact me anytime at (805) 781-7593 (or by email at woetzell@slocity.org) if you have any questions regarding this letter, or about the status or processing of your applications. Sincerely, Walter Oetzell, Assistant Planner Development Review cc: (Property Owner) Linda Stimson, Stimson Family Trust April 29, 2025 June 17, 2025 RESPONSE TO COMMENTS Linda Stimson, Stimson Family Trust (sent via email) c/o Cit1Kerry Margason-ity.org MBS Land Surveys 3559 S Higuera St San Luis Obispo CA 93401 Subject: Application SBDV-0156-2025 (200 Paso Robles) Determination of application completeness Dear Kerry and Andrew: I write to inform you that after review of the materials submitted with your client’s application regarding a Certificate of Compliance (SBDV-0156-2025), the application was determined to be incomplete on April 25th, pending receipt of additional information or materials needed to complete the application: 1. Preliminary Title Report. Provide a current (w/in 3 months) Preliminary Title Report, for all properties proposed for Certificate of Compliance. Also include an Abstract of Title or Deed history in support of conveyance or division in compliance with the Subdivision Map Act (i.e., where such event occurring prior to March 4, 1972 may have created the parcel(s)). Included herewith. 2. Supplementary Statement. The Supplementary Statement provided with this application describes a July 1948 annexation as an event which separated the subject property from adjacent property (to the north of the annexation boundary), and issuance of permits as “severing” the property into separate parcels. Provide additional information about these events, including an explanation, including citations to relevant codes and statutes, of the manner in which the 1948 annexation created separate parcels, and information about the date of issuance, scope of work, and permit reference (i.e., permit number) for the building permits described in this statement. The annexation reference was to be researched prior to submitting the request for the certificate. We are requesting this certificate for a remainder parcel, not based on the annexation. Preliminary review is intended to ensure that staff has adequate information to evaluate your project and identify any conflicts with City standards or guidelines. The above list of “completeness items” includes all of the items identified as necessary to complete your application, and the application will remain in an incomplete status until they are received. On resubmittal, please provide a narrative response indicating where the items can be found in plans or application Completeness Review #2 Project Address 200 Paso Robles Dr Project Name Application Number SBDV-0156-2025 Review of Request for certificate of compliance for APN 052-271-010 Engineering Gabriel Munoz-Morris (805) 781-7592 | gmunoz@slocity.org ☐ Complete ☒ Incomplete (see below) The following information is needed in order to complete this application (list and describe): 1. Abstract / chain of title was not provided 2. The Engineering division has reviewed the submitted application and deemed that the current application is not complete. The application does not demonstrate a creation event for the parcel for which a Certificate of Compliance is requested, as required by the Subdivision Map Act. Applicant is instructed to submit proof of a creation event as required by the Subdivision Map Act. 3. Informational Note: In the first submittal, applicant indicated that issuance of building permits for the property resulted in a creation event. Staff requested documentation for the subject permits in prior reviews but none has been submitted to date. No creation event has been demonstrated via the issuance of building permits. Furthermore, revised statement describes designation of the subject portion of the property as a “remainder parcel” resulting from issuance of a Certificate of Compliance by the County. Likewise, this is not considered to be a creation event. City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org July 17, 2025 Linda Stimson, Stimson Family Trust (sent via email) c/o Kerry Margason MBS Land Surveys 3559 S Higuera St San Luis Obispo CA 93401 Subject: Application SBDV-0156-2025 (200 Paso Robles) Determination of application completeness Dear Ms. Margason: I write to inform you that after review of the materials submitted for your client’s application regarding a Certificate of Compliance (SBDV-0156-2025), in response to the Incomplete Letter dated April 29th, 2025, the application has been determined to remain in an incomplete state, pending receipt of requested additional information or materials needed to complete the application: 1. Preliminary Title Report. Provide a current (w/in 3 months) Preliminary Title Report, for all properties proposed for Certificate of Compliance. Also include an Abstract of Title or Deed history in support of conveyance or division in compliance with the Subdivision Map Act (i.e., where such event occurring prior to March 4, 1972 may have created the parcel(s)). It is noted that a Preliminary Title Report was provided with your resubmittal. However, no Abstract of Title or Deed History was provided. 2. Supplementary Statement. The Supplementary Statement initially provided with this application described a July 1948 annexation as an event which separated the subject property from adjacent property, and issuance of permits as “severing” the property into separate parcels. It is noted that your response to the request for further details about these actions acknowledges that the annexation did not create the subject parcel, and no further details were provided about the issued permits noted in your statement. Please note that, in conjunction with the Abstract of Title or Deed History requested above, the supplementary statement you have provided will need to clearly describe the date that the subject parcel was created, and the action which created the parcel. Preliminary review is intended to ensure that staff has adequate information to evaluate your request. We cannot accept this application as complete without a clear, supported description of the date and manner of the creation of the parcel for which a Certificate of Compliance is requested. The application will remain in an incomplete status until the above items are received. Please also note that the application will be determined to be in an inactive status and deemed to be withdrawn if the above items are not received within 180 days, as provided by Section 17.104.060 of the City’s Zoning Regulations. When the application is determined to be complete, formal evaluation of the request will begin, and action on the application will be tentatively scheduled. The City may ask for further clarification or amplification of information after an application accepted as complete. Feel free to contact me anytime at (805) 781-7593 (or by email at woetzell@slocity.org) if you have any questions regarding this letter, or about the status or processing of your applications. Sincerely, Walter Oetzell, Assistant Planner Development Review cc: (Property Owner) Linda Stimson, Stimson Family Trust July 17, 2025 Response to Comments Linda Stimson, Stimson Family Trust (sent via email) c/o City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401Kerry Margason-3218, 805.781.7170, slocity.org MBS Land Surveys 3559 S Higuera St San Luis Obispo CA 93401 Subject: Application SBDV-0156-2025 (200 Paso Robles) Determination of application completeness MBS 17-253 Dear Ms. Margason: I write to inform you that after review of the materials submitted for your client’s application regarding a Certificate of Compliance (SBDV-0156-2025), in response to the Incomplete Letter dated April 29th, 2025, the application has been determined to remain in an incomplete state, pending receipt of requested additional information or materials needed to complete the application: 1. Preliminary Title Report. Provide a current (w/in 3 months) Preliminary Title Report, for all properties proposed for Certificate of Compliance. Also include an Abstract of Title or Deed history in support of conveyance or division in compliance with the Subdivision Map Act (i.e., where such event occurring prior to March 4, 1972 may have created the parcel(s)). The update is on order and will be forwarded as soon as it is received. It is noted that a Preliminary Title Report was provided with your resubmittal. However, no Abstract of Title or Deed History was provided. A chain of title is included with this submittal. 2. Supplementary Statement. The Supplementary Statement initially provided with this application described a July 1948 annexation as an event which separated the subject property from adjacent property, and issuance of permits as “severing” the property into separate parcels. It is noted that your response to the request for further details about these actions acknowledges that the annexation did not create the subject parcel, and no further details were provided about the issued permits noted in your statement. As was previously explained, it was intended that further research would be conducted before relying on the annexation. Please note that, in conjunction with the Abstract of Title or Deed History requested above, the supplementary statement you have provided will need to clearly describe the date that the subject parcel was created, and the action which created the parcel. As stated in the attached Parcel History document, our request is based on the issuance of the County Certificate of Compliance. The deed history on the SW ¼ of the SW ¼ of Section 24, Township 30 South, Range 12 East, MDBM does not show any independent transfers of the north and south portions of the property. There are several deeds and a lot line adjustment pertaining to the southern portion of the property, but there is no clear split of the north portion from the southern portion. The County has issued a certificate on the north portion based on the building permit history and provisions of the Subdivision Map Act. As such, this leaves the southern portion as a remainder. We are requesting a straight certificate of compliance as explained in the Parcel History document previously submitted and included herein. However, we understand that a conditional certificate may be required as per the City’s municipal code. Please let us know if additional information is needed. Thank you, Kerry Margason 3559 S. Higuera Street San Luis Obispo, CA 93401 Phone: (805) 594-1960 kmargason@mbslandsurveys.com Completeness Review #3 Project Address 200 Paso Robles Dr Project Name Application Number SBDV-0156-2025 Review of Request for certificate of compliance for APN 052-271-010 Engineering Gabriel Munoz-Morris (805) 781-7592 | gmunoz@slocity.org ☐ Complete ☒ Incomplete (see below) The following information is needed in order to complete this application (list and describe): 1. In this third submittal, the applicant indicates that the County’s issuance of a certificate of compliance over the portion of the property in County jurisdiction created a remainder in City jurisdiction. A Certificate of compliance does not create a remainder. A certificate of compliance is a document that states that a parcel complies with the Subdivision Map Act. A Certificate of compliance does not create a parcel. A map or a deed does. The applicant has not submitted any documentation (map or deed) that demonstrates a creation event for the purported parcel. Informational Note to Applicant: 1. The City believes that a “joint certificate of compliance” with coordination and approval between the City and County of San Luis Obispo is the correct mechanism. The joint certificate would be for the entire parcel, not just the portion within County or City jurisdiction. There is precedence for issuance of a joint certificate in this area (see returned example). City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org September 23, 2025 Linda Stimson, Stimson Family Trust (sent via email) c/o Kerry Margason MBS Land Surveys 3559 S Higuera St San Luis Obispo CA 93401 Subject: Application SBDV-0156-2025 (200 Paso Robles) Determination of application completeness Dear Ms. Margason: I write to inform you that after review of the materials submitted for your client’s application regarding a Certificate of Compliance (SBDV-0156-2025), in response to the Incomplete Letter dated July 17th, 2025, the application has been determined to remain in an incomplete state, pending receipt of requested additional information or materials needed to complete the application: 1. Preliminary Title Report. A current (w/in 3 months) Preliminary Title Report is required, for all properties proposed for Certificate of Compliance, along with an Abstract of Title or Deed history in support of conveyance or division in compliance with the Subdivision Map Act (i.e., where such event occurring prior to March 4, 1972 may have created the parcel(s)). It is noted that a Preliminary Title Report and Abstract of Title or Deed History was provided with your resubmittal. However, the information provided does not demonstrate that the described property was created as a parcel in compliance with the Subdivision Map Act or local ordinance (see Informational Note from Engineering, below). 2. Supplementary Statement. A Supplementary Statement initially provided with this application described a July 1948 annexation as an event which separated the subject property from adjacent property, and issuance of permits as “severing” the property into separate parcels. It is noted that your response to the request for further details about these actions acknowledges that the annexation did not create the subject parcel, and no further details were provided about the issued permits noted in your statement. The Supplementary Statement and information provided, in conjunction with the Abstract of Title or Deed History requested above, does not indicate any date on which the described property was created as a separate parcel, nor the action which created the parcel. It is noted that parcels are not created by issuance of a Certificate of Compliance, but that a Certificate of Compliance simply states that the division of real property complies with the provisions of the Subdivision Map Act or related local ordinances, typically by recorded final map, parcel map, official map, or deed (see also Informational Note from Engineering, below). Informational Note: Engineering (Gabriel Munoz-Morris (805) 783-7592 | gmunoz@slocity.org) The City believes that a “joint certificate of compliance” with coordination and approval between the City and County of San Luis Obispo is the correct mechanism. The joint certificate would be for the entire parcel, not just the portion within County or City jurisdiction. There is precedence for issuance of a joint certificate in this area (see returned example) Preliminary review is intended to ensure that staff has adequate information to evaluate your request. We cannot accept this application as complete without a clear, supported description of the date and manner of the creation of the parcel for which a Certificate of Compliance is requested. The application will remain in an incomplete status until the above items are received. Please also note that the application will be determined to be in an inactive status and deemed to be withdrawn if the above items are not received within 180 days, as provided by Section 17.104.060 of the City’s Zoning Regulations. When the application is determined to be complete, formal evaluation of the request will begin, and action on the application will be tentatively scheduled. The City may ask for further clarification or amplification of information after an application accepted as complete. Feel free to contact me anytime at (805) 781-7593 (or by email at woetzell@slocity.org) if you have any questions regarding this letter, or about the status or processing of your applications. Sincerely, Walter Oetzell, Assistant Planner Development Review cc: (Property Owner) Linda Stimson, Stimson Family Trust att: Example of a Joint Certificate of Compliance City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org September 23, 2025 Linda Stimson, Stimson Family Trust (sent via email) c/o Kerry Margason MBS Land Surveys 3559 S Higuera St San Luis Obispo CA 93401 Subject: Application SBDV-0156-2025 (200 Paso Robles) Determination of application completeness Dear Ms. Margason: I write to inform you that after review of the materials submitted for your client’s application regarding a Certificate of Compliance (SBDV-0156-2025), in response to the Incomplete Letter dated July 17th, 2025, the application has been determined to remain in an incomplete state, pending receipt of requested additional information or materials needed to complete the application: 1.Preliminary Title Report. A current (w/in 3 months) Preliminary Title Report is required, for all properties proposed for Certificate of Compliance, along with an Abstract of Title or Deed history in support of conveyance or division in compliance with the Subdivision Map Act (i.e., where such event occurring prior to March 4, 1972 may have created the parcel(s)). It is noted that a Preliminary Title Report and Abstract of Title or Deed History was provided with your resubmittal. However, the information provided does not demonstrate that the described property was created as a parcel in compliance with the Subdivision Map Act or local ordinance (see Informational Note from Engineering, below). 2.Supplementary Statement. A Supplementary Statement initially provided with this application described a July 1948 annexation as an event which separated the subject property from adjacent property, and issuance of permits as “severing” the property into separate parcels. It is noted that your response to the request for further details about these actions acknowledges that the annexation did not create the subject parcel, and no further details were provided about the issued permits noted in your statement. The Supplementary Statement and information provided, in conjunction with the Abstract of Title or Deed History requested above, does not indicate any date on which the described property was created as a separate parcel, nor the action which created the parcel. It is noted that parcels are not created by issuance of a Certificate of Compliance, This was forwarded to you on Aug. 25, 2025 and is attached hereto. See below. but that a Certificate of Compliance simply states that the division of real property complies with the provisions of the Subdivision Map Act or related local ordinances, typically by recorded final map, parcel map, official map, or deed (see also Informational Note from Engineering, below). Informational Note: Engineering (Gabriel Munoz-Morris (805) 783-7592 | gmunoz@slocity.org) The City believes that a “joint certificate of compliance” with coordination and approval between the City and County of San Luis Obispo is the correct mechanism. The joint certificate would be for the entire parcel, not just the portion within County or City jurisdiction. There is precedence for issuance of a joint certificate in this area (see returned example) Preliminary review is intended to ensure that staff has adequate information to evaluate your request. We cannot accept this application as complete without a clear, supported description of the date and manner of the creation of the parcel for which a Certificate of Compliance is requested. The application will remain in an incomplete status until the above items are received. Please also note that the application will be determined to be in an inactive status and deemed to be withdrawn if the above items are not received within 180 days, as provided by Section 17.104.060 of the City’s Zoning Regulations. When the application is determined to be complete, formal evaluation of the request will begin, and action on the application will be tentatively scheduled. The City may ask for further clarification or amplification of information after an application accepted as complete. Feel free to contact me anytime at (805) 781-7593 (or by email at woetzell@slocity.org) if you have any questions regarding this letter, or about the status or processing of your applications. Sincerely, Walter Oetzell, Assistant Planner Development Review cc: (Property Owner) Linda Stimson, Stimson Family Trust att: Example of a Joint Certificate of Compliance This parcel became a remainder parcel after the issuance of the County's certificate of compliance on the adjacent parcel on 2/24/2025. See attached Statement. Completeness Review #4 Project Address 200 Paso Robles Dr Project Name Application Number SBDV-0156-2025 Review of Request for certificate of compliance for APN 052-271-010 Engineering Gabriel Munoz-Morris (805) 781-7592 | gmunoz@slocity.org ☐ Complete ☒ Incomplete (see below) Application determined to remain in incomplete state, pending receipt of requested additional information or materials needed to complete the application: 1. County building permits. The applicant team has indicated that the County issued building permits for the subject property that included the legal description of the property within County jurisdiction, which the applicant team has stated was the basis of the issuance of a Certificate of Compliance for the portion of the property within County jurisdiction. The City has requested these permits for review in conjunction with this application. Permit records were provided in the most recent resubmittal but no permits list a legal description. The provided records list APN numbers only. Please produce building permits issued by the County that list a legal description for the property, if available. 2. Designation of the portion within City jurisdiction as a remainder. The applicant team has indicated that the County’s issuance of a Certificate of Compliance for the portion of the property within County jurisdiction created a remainder. The term remainder with respect to the Subdivision Map Act and the City’s Municipal Code is used when discussing subdivisions of land. City staff is not aware of any legal precedent that confirms that issuance of a Certificate of Compliance creates a remainder portion of a property. The applicant team is instructed to submit justification for the submitted reasoning if the applicant team disagrees with this interpretation of State law and City code. 3. Proposed next steps. The applicant team and City staff have met to discuss this application. The applicant team has requested that the City consider issuance of a conditional Certificate of Compliance for this application. City staff and the applicant team discussed that the condition of the certificate would be requirement of a subdivision application to formally subdivide the overall property into two properties. City staff have reviewed this request for a conditional certificate and determined that it is not possible to issue for this application. A conditional certificate would require that a parcel exist, which the application materials to date have not confirmed. For this reason, City staff recommends that the applicant withdraw the application for a Certificate of Compliance and re-apply for a subdivision of the Page 2 overall property. This will achieve the owners’ stated goal of subdividing the overall property into two distinct legal parcels. City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org December 23, 2025 Linda Stimson, Stimson Family Trust c/o Kerry Margason MBS Land Surveys 3559 S Higuera St San Luis Obispo CA 93401 Subject: Application SBDV-0156-2025 (200 Paso Robles) Determination of application completeness Dear Ms. Margason: I write to inform you that after review of the materials submitted for your client’s application regarding a Certificate of Compliance (SBDV-0156-2025), in response to the Incomplete Letter dated September 23rd, 2025, the application has been determined to remain in an incomplete state. pending receipt of requested additional information or materials needed to complete the application: 1. Preliminary Title Report. A current (w/in 3 months) Preliminary Title Report is required, for all properties proposed for Certificate of Compliance, along with an Abstract of Title or Deed history in support of conveyance or division in compliance with the Subdivision Map Act (i.e., where such event occurring prior to March 4, 1972 may have created the parcel(s)). It is noted that a Preliminary Title Report and Abstract of Title or Deed History has been provided with your resubmittals. However, the information provided does not demonstrate that the described property was created as a parcel in compliance with the Subdivision Map Act or local ordinance (see Informational Note from Engineering, below). 2. Supplementary Statement. A Supplementary Statement initially provided with this application described a July 1948 annexation as an event which separated the subject property from adjacent property, and issuance of permits as “severing” the property into separate parcels. It is noted that your response to the request for further details about these actions acknowledged that the annexation did not create the subject parcel. Your most recent submittal provided additional detail about the issued permits that were noted in your statement. The Supplementary Statement and information provided, in conjunction with the Abstract of Title or Deed History requested above, does not indicate the date on which the described property was created as a separate parcel, nor the action which created the parcel. It is noted that parcels are not created by issuance of a Certificate of Compliance, but that a Certificate of Compliance simply states that the division of real property complies with the provisions of the Subdivision Map Act or related local ordinances, typically by recorded final map, parcel map, official map, or deed (see also Informational Note from Engineering, below). Informational Note: Engineering (Gabriel Munoz-Morris (805) 783-7592 | gmunoz@slocity.org) County building permits. The applicant team has indicated that the County issued building permits for the subject property that included the legal description of the property within County jurisdiction, which the applicant team has stated was the basis of the issuance of a Certificate of Compliance for the portion of the property within County jurisdiction. The City has requested these permits for review in conjunction with this application. Permit records were provided in the most recent resubmittal but no permits list a legal description. The provided records list APN numbers only. Please produce building permits issued by the County that list a legal description for the property, if available. Designation of the portion within City jurisdiction as a remainder. The applicant team has indicated that the County’s issuance of a Certificate of Compliance for the portion of the property within County jurisdiction created a remainder. The term remainder with respect to the Subdivision Map Act and the City’s Municipal Code is used when discussing subdivisions of land. City staff is not aware of any legal precedent that confirms that issuance of a Certificate of Compliance creates a remainder portion of a property. The applicant team is instructed to submit justification for the submitted reasoning if the applicant team disagrees with this interpretation of State law and City code. Proposed next steps. City staff and the applicant team discussed that the condition of the certificate would be requirement of a subdivision application to formally subdivide the overall property into two properties. City staff have reviewed this request for a conditional certificate and determined that it is not possible to issue for this application. A conditional certificate would require that a parcel exist, which the application materials to date have not confirmed. For this reason, City staff recommends that the applicant withdraw the application for a Certificate of Compliance and re-apply for a subdivision of the overall property. This will achieve the owners’ stated goal of subdividing the overall property into two distinct legal parcels. Preliminary review is intended to ensure that staff has adequate information to evaluate your request. We cannot accept this application as complete without a clear, supported description of the date and manner of the creation of the parcel for which a Certificate of Compliance is requested. The application will remain in an incomplete status until the above items are received. Please also note that the application will be determined to be in an inactive status and deemed to be withdrawn if the above items are not received within 180 days, as provided by Section 17.104.060 of the City’s Zoning Regulations. When the application is determined to be complete, formal evaluation of the request will begin, and action on the application will be tentatively scheduled. The City may ask for further clarification or amplification of information after an application accepted as complete. Feel free to contact me anytime at (805) 781-7593 (or by email at woetzell@slocity.org) if you have any questions regarding this letter, or about the status or processing of your applications. Sincerely, Walter Oetzell, Assistant Planner Development Review cc: (Property Owner) Linda Stimson, Stimson Family Trust