HomeMy WebLinkAboutCDP 2020-0026; BEGONIA COURT RETAINING WALL; Coastal Development Permit (CDP)('city of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Nole:
Person is defined as "Any indiVidual, finn, 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-pl"Ovided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of 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 Valerie Licthman corp/Part, ___________ _
Title Trustee of Valerie Licthman Trust Title, ____________ _
Address 660 Bernard Way, San Bernardino, CA 92404 Address, ___________ _
2. OWNER (Not the owner's agent)
P-1{A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Rene Lichtman Corp/Part. ___________ _
Title Agent of owner and Beneficiary of Trust Title. _____________ _
Address 860 Bernard Way Address, ___________ _
San Bernardino, CA 92404
Page 1 of 2 Revised 07110
·April E·. ROberts, ·Es().
LAW OFFICE OF ALEC HARSHEY
901 S. State St., Suite 400
Hemet, CA 92543
Addendum to Project Description P~l (B)
To support the basis for our Variance Application, Applicant would like to direct the City's attention to
several examples of retaining walls within the City's limits that do not comport with CMC 21.95.140.
They are as follows:
• The Karl Strauss complex with hotel near the Carlsbad Flower Fields. The combined wall heights
are approximately 14 feet, perhaps higher. There are several areas of two walls staggered in a
terrace fashion, similar to the walls constructed on my client's premises, each over 6 feet in height
at the Karl Strauss complex.
• 4901 El Camino Real, Carlsbad (our closest approximation of address). The walls here are
approximately 6 feet in height in areas, perhaps higher, and do not begin at the base of the hill.
Here the hillside is quite steep, steeper even than the hill at my client's premises at issue.
• On the corner of Salk A venue and El Camino Real in Carlsbad at the Scripps Coastal Medical
Center is a wall that may be as high as 40 feet.
• At the corner of Kelly Drive and El Camino Real in Carlsbad (across the street from the Oasis
Nursery at 4901 El Camino Real, Carlsbad) are walls that are as long as approximately l000feet.
They are terraced and also do not begin at the base of the hill. The highest wall is approximately
20 feet in height.
• The Robertson Ranch housing development at the beginning of the Robertson Ranch trail head,
these load bearing walls are over six feet.
• The Montecito Apartments at Carlsbad also exhibits walls in excess of6 feet, including a single
wall and two staggered terraced retaining walls.
• Across the street from the Montecito Apts. at the El Camino Estates also exhibits a long wall over
6 feet in height, which is load bearing.
• The Crossings at Carlsbad off of Palomar Airport Road contains a wall that may be up to 30 feet
in height and is perhaps 500 feet in length.
• 7214 Azalea Place, which is only one block from 939 Begonia Ct., the subject premises. On this
wall are stairs following the side of a similar sized hillside as the existing wall of the subject
premises. There is also a wooden deck approximately 20 feet up the side of the hill, above the
wall.
• 907 Poppy Ln, two blocks from 939 Begonia Ct. At this address, according to its owner, permits
were granted for additions to the house and an expansion of the driveway, wherein the hillside
was cut away to make room for RV parking. The graded hillside has been cut almost vertically
to over 8 ft to 10 ft.
These ten separate examples of hillside development retaining walls within the City of Carlsbad, which
do not comport with the municipal code bear evidence to the City's allowance of variances of its Code
and its selective enforcement.
April E. Roberts, Esq.
LAW OFFICE OF ALEC HARSIIEY
901 S. State St., Suite 400
Hemet, CA 92543
Exhibit 1
A.Pi-fl E: Roberts~-Esq. '·
LAW OFFICE OF ALEC IIARSHEY
901 S. State St., Suite 400
Hemet, CA 92543
Exhibit 2
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number{s): ________________________ _
General Information
1. Name of project Begonia Court Retaining Wall
2. Name of developer or project sponsor: _R_e_n_e_L_ic_h_t_m_a_n __________ _
3.
Address: 860 Bernard Way
City, state, Zip code: San Bernardino, CA
Phone Number (951) 658-2168
Name of person to be contacted concerning this project: _A~p_r_i_l _R_o_b_e_rt_s_,_E_s_q~, ___ _
Address 901 S. State St., Suite 400
City, state, Zip Code: Hemet, CA 92543
Phone Number: (951) 658-2168
4. Address of Project 939 Begonia Court, Carlsbad, CA
5.
6.
7.
8.
9.
Assessor's Parcel Number: 214-290-23-00 --------------------
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:
Coastal Development Permit and Variance from the City of Carlsbad
Residential Existing General Plan Land Use Designation: _______________ _
Existing zoning district ______________________ _
Existing land use(s): _R_e_s_i_d_e_n_t_ia_l ________________ _
Residential Proposed use of site {Project for which this form is filed): ___________ _
Project Description
10.
11.
12:
13.
14.
P-1(D)
Site size Retaining wall 100 ft. long; 21 ft. high
Proposed Building square footage: Reinforce existing wall, no building to be constructed
Number of floors of construction: _0 __________________ _
Amount of off-street parking provided: _0 _________________ _
Associated projects: _N_o_n_e ____________________ _
Page 2 of 4 Revised 07110
15. If residential, include the number of units and schedule of unit sizes: Retaining wall;
no units.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
17.
18.
19.
P-1(D)
of sales area, and loading facilities: _,o_,_eo_m_m,_o_;a1 ________________ _
If industrial, indicate type, estimated employment per shift, and loading facilities:
Not industrial
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _______ _
Not institutional
If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
See Project Description -P-1 (B) with addendum and attachments.
Page 3 of 4 Revised 07110
Are the following items app/icabla to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yos
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 D
roads.
22. Change in pattern, scale or character of general area of project
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
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,
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage.
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
□
0
0
□
0
0
□
□
□
□
fzJ If permit is
granted
0 If permit is
granted
0 If permit is
granted D If permit is
denied D If permit is
0 denied
D If permit iS
D denied
0
0
IZl
0
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
cuJtural, historical or scenic aspects. llldicale 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 wiil 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, 3/9/2020
P-1{0)
Signatu~ J/ a.6ua ~
Fo, Valeria Lichtman, Owner
Pa9e4of4 Revtsl!d 07 /1 o
Ccityof
Carlsbad
• Minor Variances
• Variances
VARIANCES
P-4
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Variances granted by the City Planner are termed Minor Variances. Minor variances shall be limited
to:
1. Modification of distance or area regulations, provided such modifications does not exceed
seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot
coverage regulation:
2. Modification of the minimum lot width regulation, provided such modification does not result in a
lot width less than fifty (50) feet:
3. Walls or fences to exceed heights permitted by the zoning regulations:
4. Modifications to the sign area regulations, provided such modification does not exceed ten
percent of the maximum allowed sign area;
5. Modifications to the sign height regulations, provided such modification does not exceed ten
percent of the maximum allowed sign height.
All other variances will be heard by the Planning Commission and processed pursuant to Chapter
21.50 of the Carlsbad Municipal Code.
NOTE: A proposed project requiring application submittal must be submitted by
appointment". Please contact the appointment specialist at (760) 602-2723 to schedule an
appointment.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
The following materials shall be submitted for each variance application.
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) 602-4610.
I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled
together, then folded to 9" x 12" with lower right hand corner of plan visible.)
A. SITE PLAN
P-4
Required copies on 24" x 36" sheet(s):
Minor permits: Four (4) copies
Major permits: Seven (7) copies
Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project
planner when the project is scheduled for review by the Planning Commission or City Council.
Each site plan shall contain the following information:
1. GENERAL INFORMATION
[Xia. Name and address of applicant, engineer and/or architect, etc.
lx]b. Location, size and use of all easements.
rlla]c. Dimensions and locations of: access (pedestrian and vehicular), service areas and
points of ingress and egress, off~street parking and loading areas showing location,
Page 1 of4 Revised 03/17
number and typical dimension of spaces, and wheel stops.
IX]d. Distance between buildings and/or structures.
IX]e. Building setbacks (front, rear and sides).
oc]f. Location, height and materials of walls and fences.
r{Lfa. Location of freestanding signs.
rmh. All applicable Fire Suppression Zones, as required by the City's Landscape manual.
tK]i. A summary table of the following (if applicable):
1Kl(1) Site acreage.
~(2) Existing Zone and General Plan Land Use Designation.
lxl(3) Proposed land use.
~(4) Total building coverage.
lx](5) Building square footage.
lx](6) Percent landscaping
[il(7) Number of parking spaces
lx1(8) Square footage of open/recreational space (if applicable).
@(9) Cubic footage of storage space (if applicable).
B. BUILDING ELEVATIONS AND FLOOR PLANS
Required copies on 24" x 36" sheet(s):
Minor permits: Four (4) copies
Major permtis: Seven (7) copies
Ten (10) copies of the site plan shalt be submitted by the applicant upon request of the project
planner when the project is scheduled for review by the Planning Commission or City Council.
Each building elevation and floor plan shall include the following information:
1. GENERAL INFORMATION
NLJa. Location and size of storage areas (if applicable). Indicate ceiling height or the
height of the underside of the roof for all storage areas.
:t-{llb. AH buildings, structures, walls and/or fences, signs and exterior lights.
Nilc. Indicate the Uniform Building Code occupancy classes at all building areas.
Nt)p. Include the type of construction per the Uniform Building Code.
C. COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the
Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored
elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning
Commission meeting. Do not mount exhibits.
II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS
lx]A. A completed Land Use Review Application Form.
lx]B. Completed Variance Justification Form (attached). N!mc. Disclosure Statement. (Not required for tentative parcel maps.)
[Xlo. Two (2) copies of the Preliminary Title Report (current within the last six (6) months).
[x]E. Biological resource, cultural resource, and/or other environmental studies that are necessary
to make an environmental determination (i.e. EIR, Negative Declaration or Exemption).
IXIF. Signed "Hazardous Waste and Substance Statement" form.
lx]G. Property Owners List and Addressed Labels
P-4
1. A typewritten list of the names and addresses of all property owners within a 300 foot radius
for a Minor Variance and 600 foot radius for a Variance of subject property (including the
applicant and/or owner). The list shall include the San Diego County Assessor's parcel
number from the latest assessment rolls.
2. Mailing Labels~ two (2) separate sets of mailing labels of the property owners within a 300
Page 2 of4 Revised 03117
foot radius for a Minor Variance or 600 foot radius for a Variance of subject property and
the applicable Homeowners Association (HOA). For any address other than a single-family
residence, an apartment or suite number must be included. DO NOT provide addressed
envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded
MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels
are as follows:
ACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt#3
Carlsbad, CA 92008
3. 300 Foot Radius Map for a Minor Variance
600 Foot Radius Map for Variance
ACCEPTABLE (with APN)
209-060-34-00
MRS. JANE SMITH
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
A map to scale not less than 1" = 200' showing each lot within a 300 foot radius for a
Minor Variance or 600 feet for a Variance of exterior boundaries of the subject property.
Each of these lots shalt be consecutively numbered and correspond with the property
owners list. The scale of the map may be reduced to a scale acceptable to the City
Planner if the required scale is impractical.
NOTE: When the application is tentatively scheduled to be heard by the decision making body, the
project planner will contact the applicant and advise him to submit the radius map, two
sets of the property owners list and labels. The applicant shall be required to sign a
statement certifying that the information provided represents the latest equalized
assessment rolls from the San Diego County Assessor's Office. The project will not
go forward until this information is received.
P-4 Page3of4 Revised 03117
JUSTIFICATION FOR VARIANCE
By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully
and explain how the proposed project meets each of these facts. Use additional sheets if necessary.
1. Explain what special circumstances are applicable to the subject property, including size, shape, topography,
location or surroundings, whereby the strict application of the zoning ordinance deprives such property of
privileges enjoyed by other property in the vicinity and under identical zoning classification:
Please see attached page.
2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is located and is subject
to any conditions necessary to assure compliance with lhis finding:
Please see attached.
3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property:
Please see attached.
4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan
and any applicable specific or Master Plans:
Please see attached.
5. If located within the coastal zone, explain why the variance is consistent with and implements the requirements
of the certified local coastal program and that the variance does not reduce or in any manner adversely affect
the protection of coastal resources.
Please see attached
P-4 Page4of4 Revised 03/17
April E. Roberts, Esq.
LAW OFFICE OF ALEC HARSHEY
901 S. State St., Suite 400
Hemet, CA 92543
Addendum to Variances P-4 Justification for Variance:
1. Explain what special circumstances are applicable to the subject property, including size,
shape, topography, location or surroundings, whereby the strict application of the zoning
ordinance deprives such property of privileges enjoyed by other property in the vicinity and
under identical zoning classification:
Special Circumstances: Location and size of the existing wall, topography of the area and accessability
make approving the variance and issuing a pennit of the current retaining wall with approved
retrofitting the optimal alternative in remedying the code violation.
Due to the location of the existing retaining wall as constructed, removing it would not only pose a
threat of danger of destabilizing the slope/hill, removing the wall, which spans close to 100 feet long
and 21 feet in height also poses extreme challenges regarding access to the wall.
Such challenges would not only cause substantial nuisance to the neighborhood, but would also require
considerable use and intrusion of and onto neighboring lots. Attached hereto is a petition with some 67
signatures of property owners in the neighborhood that not only support pennitting the existing wall
and allowing it to remain with retro-fitting, but that clearly shows that requiring the wall be removed
will cause serious concerns of neighboring residents, and could possibly result in litigation.
2. Explain why the granting of the variance does not constitute a grant of ~pecial privileges
inconsistent with the limitations upon other properties in the vicinity and zone in which the
subject property is located and is subject to any conditions necessary to assure compliance with
this finding:
Granting of the variance would not constitute a grant of special privilege inconsistent any limitation
upon other properties in the vicinity. On the contrary, granting of the variance would be absolutely
consistent with the City's explicit or implicit approval of extremely similar retaining walls not only
within the City of Carlsbad, but within the very neighborhood of the subject premises.
To follow are several examples of retaining walls within the City's limits that do not comport with
CMC 21.95.140.
They are as follows:
• The Karl Strauss complex with hotel near the Carlsbad Flower Fields. The combined wall
heights are approximately 14 feet, perhaps higher. There are several areas of two walls
staggered in a terrace fashion, similar to the walls constructed on my client's premises, each
over 6 feet in height at the Karl Strauss complex.
• 4901 El Camino Real, Carlsbad (our closest approximation of address). The walls here are
approximately 6 feet in height in areas, perhaps higher, and do not begin at the base of the hill.
Here the hillside is quite steep, steeper even than the hill at my client's premises at issue.
• On the comer of Salk Avenue and El Camino Real in Carlsbad at the Scripps Coastal Medical
Center is a wall that may be as high as 40 feet.
• At the comer of Kelly Drive and El Camino Real in Carlsbad (across the street from the Oasis
Nursery at 4901 El Camino Real, Carlsbad) are walls that are as long as approximately 1000
feet. They are terraced and also do not begin at the base of the hill. The highest wall is
approximately 20 feet in height.
• The Robertson Ranch housing development at the beginning of the Robertson Ranch trail head,
these load bearing walls are over six feet.
• The Montecito Apartments at Carlsbad also exhibits walls in excess of 6 feet, including a single
wall and two staggered terraced retaining walls.
• Across the street from the Montecito Apts. at the El Camino Estates also exhibits a long wall
over 6 feet in height, which is load bearing.
• The Crossings at Carlsbad off of Palomar Airport Road contains a wall that may be up to 30 feet
in height and is perhaps 500 feet in length.
• 7214 Azalea Place, which is only one block from 939 Begonia Ct., the subject premises. On this
wall are stairs following the side of a similar sized hillside as the existing wall of the subject
premises. There is also a wooden deck approximately 20 feet up the side of the hill, above the
wall.
• 907 Poppy Ln, two blocks from 939 Begonia Ct. At this address, according to its owner, permits
were granted for additions to the house and an expansion of the driveway, wherein the hillside
was cut away to make room for RV parking. The graded hillside has been cut almost vertically
to over 8 ft to IO ft.
These ten separate examples of hillside development retaining walls within the City of Carlsbad, which
do not comport with the municipal code bear evidence to the City's allowance of variances ofits Code
and its selective enforcement thereof. As such, denying the permit would be inconsistent with the
City's enforcement of its Code.
In addition, granting the permit would not prejudice or hann any surrounding homeowners. Some such
owners currently have hillside retaining walls of their own. In addition, the retaining wall, as
constructed not only beautifies the subject property and substantially raises its property value, it does
so for the neighborhood as a whole.
2
What is more, construction of the wall began sometime in 2016, and the wall was completed some time
ago. Applicant is unaware of any complaints to the City regarding the wall, other than one specific
disgruntled neighbor, with a history of making false claims, whose unfounded complaint had to do with
noise rather than the existence of the wall itself.
The wall, as constructed, does not impede any view of any surrounding property. It is placed upon an
existing slope, both stabilizing the slope and making the slope attractive.
3. Explain why the granting of the variance does not authorize a use or activity which is not
othenvise expressly authorized by the zone regulation governing the subject property:
Granting of the variance does not authorize any use or activity unauthorized by the Code. Applicant
does not seek a building permit in order to conduct some unauthorized activity, orto construct an object
that is not there, the subject retaining wall has been already been constructed. The variance seeks
permitting the existing wall after retrofitting.
Further, no use or activity unauthorized by the zone regulations governing the subject property shall be
conducted at the subject property if a permit is granted. The wall is to beautify the subject property, it
is not for any other use or activity.
4. Explain why the granting of the variance is consistent with the general purpose and intent of
the General Plan and any applicable specific or Master Plans:
Granting the variance is consistent with the general purpose and intent of the General Plan as it protects
and enhances natural resources. The retrofitted retaining wall will protect the integrity of the slope it
is built upon, which protects the natural topography of the coastline.
Forcing the removal of the retaining wall will do just the opposite, and will not only endanger the
integrity of the slope but may cause the slope to become unreflective of its natural state prior to the wall
being built, it may take away the height, slope, and size of the hillside.
In addition, local vegetation and trees that were not a part of the hillside previously have been placed
in and around the retaining wall. As part of granting the variance, Applicant is open to installing,
introducing and placing additional natural vegetation and trees in and around the existing wall, which
will enhance and restore the overall quality of the Coastal Zone environment and its natural and
man-made resources, pursuant to the Coastal Act.
5. If located within the coastal zone, explain why the variance is consistent with and implements
the requirements of the certified local coastal program and that the variance does not reduce or
in any manner adversely affect the protection of coastal resources.
The City is to take into consideration what will assure balanced utilization and conservation of Coastal
Zone resources taking into account the social and economic needs of the people of the State. Applicant
offers such a balance. By retrofitting the existing wall, it shall work to conserve the coastal zone, add
natural resources, while benefitting both the social and economic needs of the community in that the
wall brings value to surrounding properties.
3
The City must also protect the rights of property owners. The City has allowed similar retaining walls
in size and scope within its limits, giving rise to the argument that such walls are desirable and in
certain circumstances allowed by the City. Property owners should be allowed certain items on their
property within reason. The scope of the wall, once retrofitted is reasonable and consistent with walls
the City has allowed.
If a permit is granted, the City will show its priority for coastal-dependent development over other
development on the coast. The subject wall follows the hillside, it does not reduce or extend it, but was
dependent upon its natural state when constructed. The wall merely covers what was there and stabilizes
the hillside, but is not a development independent of the coast. The current wall also aids in erosion
control.
In addition, permitting the existing wall will further the City's policy regarding Maximum Density of
Development. If the wall is permitted, its placement will disallow other development, which may not
be coastal-dependant, and will create an area where further development cannot occur, minimizing the
density of development.
As stated, Applicant is willing to add further natural vegetation and trees, as well as features to slow
runoff and maximize onsite infiltration of runoff. What is more, the retaining wall works to minimize
the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other
pollutants from entering the storm water conveyance system through the hillside.
In all, granting the variance is consistent with the goals and policies of the City regarding its coastal
zone and with other variances granted for similar retaining walls in the area. In contrast, denying the
variance not only poses a risk to the hillside, but also a logistical nightmare that some 67 local residents
object to. Removal of the wall will be oppressive to the surrounding neighborhood.
Applicant has been a resident of the area for some time and is a proponent of coastal protection, and
understands the City's interest in consistency and enforcement ofits Code. However, Applicant hopes
that the Code will not be arbitrarily enforced in a discriminatory and draconian manner that will thwart
the City's efforts of coastal protection. Not only will granting the variance not cause harm, the wall's
retrofitting shall work to protect the hillside. Applicant is willing to do all practicable to enhance and
protect the coast's natural resources. In consideration of the above, allowing the variance shall not only
be consistent with the City's enforcement ofits Code, but also with the spirit and policies ofits Master
Plan.
4
April E. Roberts, Esq.
LAW OFFICE OF ALEC HARSHEY
901 S. State St., Suite 400
Hemet, CA 92543
Addendum to Variances P-41. A. Site Plan attached
April E. Roberts, Esq.
LAW OFFICE OF ALEC HARSHEY
901 S. State St., Suite 400
Hemet, CA 92543
Addendum to Variances P-4 II. G. 2:
List property owners within a 600 foot radius of subject property:
1. Thomas and Cynthia Ward
APN: 214-390-22-00
93 7 Begonia Court
Carlsbad, CA 92011
2. Stuart Roth and Lori Filippo
APN: 214-390-24-00
941 Begonia Court
Carlsbad, CA 92011
3. Oberle Trust
APN: 214-401-03-00
7307 Lily Place
Carlsbad, CA 92011
I
Thomas and Cynthia Ward
93 7 Begonia Court
Carlsbad, CA 92011
Stuart Roth and Lori Filippo
941 Begonia Court
Carlsbad, CA 92011
-
'
Oberle Trust
7307 Lily Place
Carlsbad, CA 92011
April E. Roberts, Esq.
LAW OFFICE OF ALEC HARSHEY
901 S. State St., Suite 400
Hemet, CA 92543
Addendum to Variances P-4 II. G. 3:
Maps to Scale Attached
'
April E. Roberts, Esq.
LAW OFFICE OF ALEC HARSHEY
901 S. State St., Suite 400
Hemet, CA 92543
In re: 939 Begonia Court
Brief Legal Description: Please see attached Deed
Location of Project:
The subject site is located at 939 Begonia Court, City of Carlsbad, California and currently supports
one single-family residence and associated improvements including an in-ground pool and Jacuzzi
in the rear yard. The property is bounded on the west by Begonia Court and on the north, south, and
east by existing single-family residences, not by streets.
APN: 214-390-lJ-00
EXHIBIT"A"
'' '• 7120
Loi 38 of Carlsbad Tract No. 73-39, Spinnaker Hill Unit #3, in !he City of Carlsbad, County o(San Diego, Slate of California, according 10
Map thereof NO. 8453, filed in !he office of the County Recorder of San Diego County on December 29, 1976.
Commonly known as: 939 Begonia Court, Carlsbad, CA
Development Services
Planning Division
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
PURPOSE
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
(city of
Carlsbad
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. 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 Climate Action Plan (CAP) are
achieved. Implementation of these measures will ensure that new development is consistent with the
CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG)
reduction targets. In this manner, 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, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). *
*City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act
projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section
15183.S(b). Please consult with the Planning Department for further guidance. Additional information
may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report.
This checklist is intended to assist project applicants in identifying CAP ordinance requirements and
demonstrate how their project fulfills those requirements. This checklist is to be completed and included
in applications for new development projects that are subject to discretionary review or require a building
permit.
APPLICATION SUBMITTAL REQUIREMENTS
• The completed checklist must be included in the project submittal package or building permit
application. Application submittal procedures can be found on the City of Carlsbad website. This
checklist is designed to assist the applicant in identifying the minimum CAP-related requirements
specific to their project. However, it may be necessary to supplement the completed checklist with
supporting materials, calculations or certifications, to demonstrate full compliance with CAP
requirements. For example, projects that propose or require a performance approach to comply
with energy-related measures will need to attach to this checklist separate calculations and
documentation as specified by the ordinances. •
• If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum
required by ordinance, an explanation must be provided to the satisfaction of the Planning Division
or building official.
• The requirements in the checklist will be included in the project's conditions of approval or issuance
of building permit.
• Details on CAP ordinance requirements are available on the city's website.
P-30 Page 1 of7 Revised 02/20
STEP4 ..
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (POP)
ONLV
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) = sq. ft □ □
Total proposed newly created or replaced impervious area (B) -sq. fl
Percent impervious area created or replaced (B/A)*100 = %
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 statina "Mv project is a PDP ... • and comolete annlicant information.
STI:P 5 o<· " .,
CHECK THE APPROPRIATE BOX AND COMPL:.ETE APPU:CANT INFORMATION
0 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 PROJECr OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
As part of these requirements, I will submit a • Standard Projecl stormwater requirements of the BMP Manual.
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.
[j My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Appr.aotNamec ReneLl~ (7 td:; Appf<aotTdlec Agent for Owner
Applicant Signature:){ .& [ 4,,,:s'---.Jl'l~ 3/9/2020
.. • Env110n111enta1ly Sensiliw Areas include oot are not lmiled to aH Clean Wat.er I'd. Section 303(d) ~,red waler bodies; a.reas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Ouaity Cortrcl Plan for the San Diego Basin (1994) and amencrnents); water bodies
design.ited wilh the RARE beoeficial use by the State Water Resanes Conrol Boaro rNat,:r Quality Conlrol Plan for the San Oiego Basin (1994) and
amendmern); areas designated as preserves or their eql.ivalent undef the Multi Species ConseMllion Program 'Nilhln the Ciies and Cou'lly of San Diego; Habitat
Managemeft Plan; and ar, alher ecpvalenl envinnnentalY sensitive areas "'1k:ll h.Ml beB1 idertified by Ille City.
This Box for crcv Use Ontv
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page4 of 4 REV04/17
,,,,41>®ttlffiw.;S'0trrce Colitrol Raaulrement (contlnuedl Jtfi•~k.PI ffl>..,,~•· ,. ;,y Annlled?
SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and Iii Yes □No □ NIA Wind Disoersal
Discussion[justification if SC-4 not implemented:
SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and W ind Dispersal Iii Yes □No □ NIA
Discussion/justification if SC-5 not implemented:
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 Aooendix E.1 of BMP Manual for i:iuidance).
□ On-site stom, drain inlets □ Yes □No Iii N/A
□ Interior floor drains and elevator shaft sump pumps □ Yes □ No Ill N/A
□ Interior parking garages □ Yes □No Iii NIA
D Need for future indoor & structural pest control □Yes □No lil N/A
D Landscape/Outdoor Pesticide Use □Yes □No Iii N/A
D Pools, spas, ponds, decorative fountains, and other water features □ Yes D No Iii N/A
D Food service □Yes □No Iii N/A
D Refuse areas □Yes □No Ill N/A
D Industrial processes D Yes □No Ill NIA
□ Outdoor storage of equipment or materials □ Yes □No lil NIA
□ Vehicle and Equipment Cleaning D Yes □No Iii N/A
D Vehicle/Equipment Repair and Maintenance □ Yes ONO Iii NIA
D Fuel Dispensing Areas D Yes □No Iii N/A
D Loading Docks D Yes □No Iii N/A
D Fire Sprinkler Test Water D Yes ONo Iii N/A
D Miscellaneous Drain or Wash Water D Yes □No Iii N/A
□ Plazas, sidewalks, and oarkini:i lots D Yes ONo Iii N/A
For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers.
E-36 Page 2 of 4 Revised 09/16
Site DesJan Raouirement (~ontlnued) I Annlled?
SD-6 Runoff Collection l □ Yes I □ No I lil NIA
Discussion/justification if SD-6 not implemented:
SD-7 LandscapinQ with Native or Drouaht Tolerant Species I lil Yes I □No I D NIA
Discussion/justification if SD-7 not implemented:
SD-8 Harvestini:i and Usinci Precipitation I o Yes I D No I ~ N/A
Discussion/justification if SD-8 not implemented:
E-36 Page 4 of 4 Revised 09/16
EXCLUSIONS FROM COVERAGE
Except as expressly provided by the assurances in Schedule A,
the Company assumes no liability for loss or damage by reason
of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title to any property beyond the
lines of the Land.
(b) Defects, liens, encumbrances, adverse claims or other
matters, whether or not shown by the Public Records
(1) that are created, suffered, assumed or agreed to
by one or more of th~ Assureds; or, (2) that result in
no loss to the Assured.
(c) Defects, liens, encumbrances, adverse claims or other
matters not shown by the Public Records.
(d) The identity of any party shown or referred to 1n any
of the schedules of this Guarantee.
(e) The validity, legal effect or priority of any matter shown
or referred to in any of the schedules of this Guarantee.
(f) (1) Taxes or assessments of any taxing authority that
levie!'; taxes or assessments on real property; or, (2)
proceedings by a public agency which may result in
taxes or assessments, or notices of such proceedings,
whether or not the matters excluded under (1) or (2)
are shown by the records of the taxing authority or by
the Public Records.
(g) (1) Unpatented mining claims; (2) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (3) water rights, claims or title to water,
whether or not the matters excluded under (1), (2) or
(3) are shown by the Public Records.
GUARANTEE CONDITIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
a. the "Assured": the party or parties named as the
Assured in Schedule A, or on a supplemental writing
executed by the Company.
b. "Landtt: the Land described or referred to in Schedule
A, and improvements affixed thereto which by law
constitute real property. The term "Land" does not
include any property beyond the lines of the area
described or referred to in Schedule A, nor any right,
title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways.
c. "Mortgage": mortga9e, deed of trust, trust deed, or
other security instrument.
d. "Public Records": those records established under
california statutes at Date of Guarantee for the
purpose of imparting constructive notice of matters
relating to real property to purchasers for value and
without knowledge.
e. "Date of Guarantee": the Date of Guarantee set forth
in Schedule A.
f. ~Amount of liability": the Amount of Liability as stated
in Schedule A.
2. Notice of Claim to be Given by Assured.
The Assured shall notify the Company promptly in writing
in case knowledge shall come to an Assured of any
assertion of facts, or claim of title or interest that is
contrary to the assurances set forth in Schedule A and that
might cause loss or damage for which the Company may
be liable under this Guararitee. If prompt notice shall not
be given to the Company, then all liability of the Company
shall terminate with regard to the matter or matters for
which prompt notice is required; provided, however, that
failure to notify the Company shall in no case prejudice by
the failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosea.ite.
The Company shall have no duty to defend or prosecute
any action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action
or proceeding.
fonn 5026900 (1-29-15) fage 2 of 7
4. Company's Option to Defend or Prosecute Actions;
Duty of Assured to Cooperate.
Even though the Company has no duty to defend or
prosecute as set forth in Paragraph 3 above:
a. The Company shall have the right, at its sole option and
cost, to institute and prosecute any action or
proceeding, interpose a defense, as limited in Paragraph
4 (b), or to do any other act which in its opinion may be
necessary or desirable to establish the correctness of
the assurances set forth in Schedule A or to prevent or
reduce loss or damage to the Assured. The Company
may take any appropriate action under the terms of this
Guarantee, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any
provision of this Guarantee. If the Company shall
exercise its rights under this paragraph, it shall do so
diligently.
b. If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to
select counsel of its choice (subject to the right of the
Assured to object for reasonable cause) to represent the
Assured and shall not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any
fees, costs or expenses incurred by an Assured in the
defense of those causes of action which allege matters
not covered by this Guarantee.
c. Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of
this Guarantee, the Company may pursue any litigation
to final determination by a court of competent
jurisdiction and expressly reserves the right, in its sole
discretion, to appeal from an adverse judgment or
order.
d. In all cases where this Guarantee permits the Company
to prosecute or provide for the defense of any action or
proceeding, the Assured shall secure to the Company
the right to so prosecute or provide for the defense of
any action or proceeding, and all appeals therein, and
permit the Company to use, at its option, the name of
such Assured for this purpose. Whenever requested by
CL TA Guarantee Form No. 28 -Condition of Title (Rev. 6-5-14j
GUARANTEE CONDMONS (Continued)
the Company, the Assured, at the Company's expense,
shall give the Company all reasonable aid in any action or
proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in
the opinion of the Company may be necessary or desirable
to establish the correctness of the assurances set forth in
Schedule A to prevent or reduce loss or damage to the
Assured. If the Company is prejudiced by the failure of the
Assured to furnish the required cooperation, the Company's
obligations to the Assured under the Guarantee shall
terminate.
5. Proof of Loss or Damage.
a. In the event the Company is unable to determine the
amount of loss or damage, the Company may, at its
option, require as a condition of payment that the
Assured furnish a signed proof of loss. The proof of
loss must describe the defect, lien, encumbrance, or
other matter that constitutes the basis of loss or
damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
b. In addition, the Assured may reasonably be required
to submit to examination under oath by any
authorized representative of the Company and shall
produce for examination, inspection and copying, at
such reasonable times and places as may be
designated by any authorized representative of the
Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a
date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the
Company, the Assured shall grant its permission, in
writing, for any authorized representative of the
Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
provided to the Company pursuant to this paragraph
shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary
in the administration of the claim. Failure of the
Assured to submit for examination under oath,
produce other reasonably requested information or
grant permission to secure reasonable necessary
information from third parties, as required in the
above paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability
of the Company under this Guarantee to the Assured
for that claim.
6. Options to Pay or Otherwise Settle Claims:
Termination of Llablllty,
In case of a claim under this Guarantee, the
Company shall have the following additional
options:
a. To pay or tender payment of the Amount of Liability
together with any costs, attorneys' fees, and expenses
incurred by the Assured that were authorized by the
Company up to the time of payment or tender of
payment and that the Company is obligated to pay.
IFonn 5026900 o-29-15) !Page 3 of 7
b. To pay or otherwise settle with the Assured any claim
assured against under this Guarantee. In addition, the
Company will pay any costs, attorneys' fees, and
expenses incurred by the Assured that where authorized
by the Company up to the time of payment or tender of
payment and that the Company is obligated to pay; or
c. To pay or otherwise settle with other parties for the loss
or damage provided for under this Guarantee, together
with any costs, attorneys' fees, and expenses incurred
by the Assured that were authorized by the Company up
to the time of payment and that the Company is
obligated to pay.
Upon the exercise by the Company of either of the options
provided for In 6 (a), (b) or (c) of this paragraph the
Company's obligations to the Assured under this Guarantee
for the claimed loss or damage, other than the payments
required to be made, shall terminate, including any duty to
continue any and all litigation initiated by the Company
pursuant to Paragraph 4.
7. Limitation Liability.
a. This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incurred by the
Assured claimant who has suffered loss or damage by
reason of reliance upon the assurances set forth in
Schedule A and only to the extent herein described, and
subject to the Exclusions From Coverage of This
Guarantee.
b. If the Company, or the Assured under the direction of
the Company at the Company's expense, removes the
alleged defect, lien, or encumbrance or cures any other
matter assured against by this Guarantee in a
reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom,
it shall have fully performed its obligations with respect
to that matter and shall not be liable for any loss or
damage caused thereby.
c. In the event of any litigation by the Company or with
the Company's consent, the Company shall have no
liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom.
d. The Company shall not be liable for loss or damage to
the Assured for liability voluntarily assumed by the
Assured in settling any claim or suit without the prior
written consent of the Company.
8. Reduction of Liability or Termination of Liability,
All payments under this Guarantee, except payments made
for costs, attorneys' fees and expenses pursuant to
Paragraph 4 shall reduce the Amount of Liability under this
Guarantee pro tanto.
9. Payment of Loss.
a. No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the
satisfaction of the Company.
b. When liability and the extent of loss or damage has
been definitely fixed in accordance with these
Conditions, the loss or damage shall be payable within
thirty (30) days thereafter.
Cl TA Guarantee Form No. 28 -Condition of TitJe (Rev. 6-5-14j
GUARANTEE CONDmONS (Continued)
10. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim
under this Guarantee, all right of subrogation shall vest in
the Company unaffected by any act of the Assured
claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had
against any person or property in respect to the claim had
this Guarantee not been issued. If requested by the
Company, the Assured shall transfer to the Company all
rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The
Assured shall permit the Company to sue, compromise or
settle in the name of the Assured and to use the name of
the Assured in any transaction or litigation involving these
rights or remedies.
If a payment on account of a claim does not fully cover the
loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall
have recovered its principal, interest, and costs of
collection.
11. Arbitration.
Either the Company or the Assured may demand that the
claim or controversy shall be submitted to arbitration
pursuant to the litle Insurance Arbitration Rules of the
American Land Title Association ("Rules''). Except as
provided in the Rules, there shall be no joinder or
consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the
Assured arising out of or relating to this Guarantee, any
service of the Company in connection with its issuance or
the breach of a Guarantee provision, or to any other
controversy or claim arising out of the transaction giving
rise to this Guarantee. All arbitrable matters when the
amount of liability is $2,000,000 or less shall be arbitrated
at the option of either the Company or the Assured. All
arbitrable matters when the amount of liability is in excess
of $2,000,000 shall be arbitrated only when agreed to by
both the Company and the Assured. Arbitration pursuant to
this Guarantee and under the Rules shall be binging upon
the parties. Judgment upon the aware rendered by the
Arbitrator(s) may be entered in any court of competent
jurisdiction.
12. Llablllty Limited to This Guarantee; Guarantee
Entire Contract.
a. This Guarantee together with all endorsements, if any,
attached hereto by the Company is the entire
Guarantee and contract between the Assured and the
Company. In interpreting any provision of this
Guarantee, this Guarantee shall be construed as a
whole.
b. Any daim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall
be restricted to this Guarantee.
c. No amendment of or endorsement to this Guarantee
can be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the
Company.
fonn 5026900 (1-29-15) fage 4 of 7
13. Severability.
In the event any provision of this Guarantee, in whole or in
part, is held invalid or unenforceable under applicable law,
the Guarantee shall be deemed not to include that provi~on
or such part held to be invalid, but all other provisions shall
remain in full force and effect.
14. Choice of Law; Forum.
a. Choice of Law: Toe Assured acknowledges the Company
has underwntten the risks covered by this Guarantee
and determined the premium charged therefor in
reliance upon the law affecting interests in real property
and applicable to the interpretation, rights, remedies, or
enforcement of Guaranties of the jurisdiction where the
Land IS located.
Therefore, the court or an arbitrator shall apply the law
of the jurisdiction where the Land is located to
determine the validity of claims that are adverse to the
Assured and to interpret and enforce the terms of this
Guarantee. In neither case shall the court or arbitrator
apply its conflicts of law principles to determine the
applicable law.
b. Choice of Forum: Any litigabon or other proceeding
brought by the Assured against the Company must be
filed only in a state or federal court within the United
State of America or its territories having appropriate
jurisdiction.
15. Notices, Where Sent.
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall include the number of this Guarantee and shall be
addressed to the Company at First American Title
Insurance Company, Attn: Claims National Intake
Center, S First American Way, Santa Ana, cantornia
92707, Phone: 888-632-1642
(claims.nic@firstam.com).
Cl TA Guarantee Form No. 28 -Condition of lltle (Rev. 6-5-14j
7. A deed of trust to secure an original Indebtedness of $572,000.00 recorded September 01, 2016 as
INSTRUMENT NO. 16-459035 OF OFFICIAL RECORDS.
Dated: August 23, 2016
Trustor: VALERIE LICHTMAN, TRUSTEE OF THE VALERIE LICHTMAN
REVOCABLE TRUST, DATED JUNE 12, 2003
Trustee: RECONTRUST COMPANY, N.A.
Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
LENDER: BANK OF AMERICA, N.A.
8. Toe new lender, If any, for this transaction may be a Non-Institutional Lender. If so, the Company
will require the Deed of Trust to be signed before a First American approved notary.
Prior to the issuance of any policy of title insurance, the Company will require:
9. With respect to the trust referred to in the vesting:
a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
b. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
c. Other requirements which the Company may Impose following its review of the material required
herein and other information which the Company may require.
Worm 5026900 (1-29-15) faqe 7 of7 Cl TA Guarantee Form No. 28 -Condition of Title (Rev. 6-5-14j