HomeMy WebLinkAboutCDP 2022-0008; MARTIN RESIDENCE; Coastal Development Permit (CDP)-------.1?'
(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 (FOR DEPT. USE ONLY) Legislatlye Permits
i:21 Coastal Development Permit
D Conditional Use Permit
D Minor ~~q.1,-CO~ D General Plan Amendment
D Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
□Amendment
□Amendment
D Habitat Management Permit
D Hillside Development Permit
D Mino, \-j!l\f i'ol,1-·il'Ci;, D Zone Change
D Minor 1-----~ 0 Zone Code Amendment
D Nonconforming Construction Permit
D Planned Development Pemlit O Minor
0 Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
0 Site Development Plan 0Minor
D Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Mmor
'--------'
South Carlsbad Coastal Review Area
Permits
D Review Pennit
D Administrative D Minor D Major
VIIJaae Review Areg Permits
D Review Permit
D Administrative D Minor D Major
(FOR DEPT USE ONLY)
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT'. PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 102-2723 TO SCHEDULE AN APPOINTMENT.
•SAME DAY APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL NO(S) 155-221-05-00 --'--=--'---'=-""-CC'-----------------------
L O CAT ION OF PROJECT LOT 5 BUENA VISTA CIRCLE CARLSBAD, CA
(STREET ADDRESS)
NAME OF PROJECT: MARTIN RESIDENCE
BRIEF DESCRIPTION OF
PROJECT: NEW SFD WITH ATTACHED ADU
PROJECT VALUE
{SITE IMPROVEMENTS) 1000000 ESTIMATED COMPLETION DATE 1/1/2023
FOR CITY USE ONLY
Development No. DE::\! 2-Q?..-\-Q\ S 7 Lead Case No. CQ'f 2-D7.2 ;-QCJ!:J't,
P-1 Page 1 of6 Revised 03/17
' I
',
OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT)
!NDIVIDUAL NAME JOHN AND PAMELLA MARTIN INDIVIDUAL NAME STEVE RAGAN (if applicable): (if applicable).
COMPANY NAME COMPANY NAME
(if applicable): (if applicable): NEW MODERN DESIGN
MAILING ADDRESS: 3301 LINCOLN ST, MAILING ADDRESS: 143 $. Cedros Ave, #b203
CITY, STATE, ZIP: CARLSBAD, CA 92008 CITY, STATE, ZIP: Solana Beach, ca 92075
TELEPHONE: 760-402-987 4 TELEPHONE: 858,442,3522
EMAIL ADDRESS: jdmartin999@gmail.com EMAIL ADDRESS: steve@newmoderndesign.com
I CERTIFY THAT I AM THE LEGAL OV'.'NER ANO 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
SIGNATU!: [1~ PURPOSES OF THIS APPLICATION.
~kJ;f.vdz;,, 10,21,2021 10.21.2021
SIGNATURE-DATE DATE .
APPLICANT'S REPRESENTATIVE (Print): STEVE RAGAN
MAILING ADDRESS: 143 S. Cedros Ave, #b203
CITY, STATE, ZIP: Solana Beach, ca 92075
TELEPHONE: 858.442,3522
EMAIL ADDRESS: steve@newmoderndesign.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT All THE ABOVE
INFORMATIONl, TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDG~-, Q-
10,21,2021
SIGNATURE • , 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. lNJE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY lF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
~hr, J;1.vdz;,,
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
FEB O 1 2022
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
P-1 Page2of6 Revised 03117
OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME JOHN AND PAMELLA MARTIN INDIVIDUAL NAME STEVE RAGAN (if applicable): (if applicable):
COMPANY NAME COMPANY NAME NEW MODERN DESIGN (if applicable): (if applicable):
MAILING ADDRESS: 3301 LINCOLN ST. MAILING ADDRESS 143 s. Cedros Ave, #b203
CITY, STATE, ZIP: CARLSBAD, CA 92008 CITY, STATE, ZIP: Solana Beach, ca 92075
TELEPHONE: 760-402-987 4 TELEPHONE: 858.442.3522
EMAIL ADDRESS: jdmartin999@gmail.com EMAIL ADDRESS: steve@newmodemdesign.com
I CERTIFY THAT JAM THE LEGAL CM'NER AND THAT All THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE ANO CORRECT TO THE BEST OF MY AND THAT All THE ABOVE INFORMATION IS TRUE ANO CORRECT TO
KNOWLEDGE. I CERTIFY AS LEGAL ()INNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE.
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
SIGNATJC)-
PURPOSES OF THIS APPLICATION.
fJ~ ~ 10.21.2021 10.21.2021
SIGNATURE DATE DATE
-
APPLICANT'S REPRESENTATIVE (Print): STEVE RAGAN
MAILING ADDRESS: 143 S. Cedros Ave, #b203
CITY, STATE, ZIP: Solana Beach, ca 92075
TELEPHONE: 858.442.3522
EMAIL ADDRESS: steve@newmoderndesign.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATIO~I TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. /)_
10.21.2021 t::c ..
SIGNATURE '(, 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 BEING
RECORDED ON THE TITLE TO HIS PROPERTY lF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
fJ~~
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
P-1 Page 2 of6 Revised 03/17
(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.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit"
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 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 STEVE RAGAN Corp/Part NEW MODERN DESIGN
Title DESIGNER Title. ____________ _
Address 143 S. CEDROS AVE #B203 Address SOLANA BEACH, CA 92075
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 (NIA) IN THE
SPACE BELOW. If a publicly~owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person JOHN AND PAMELLA MARTIN
Title OWNER
Address 3301 LINCOLN ST
CARLSBAD, CA 92008
Corp/Part. ___________ _
Title. _____________ _
Address ___________ _
Page 1 of2 Revised 07110
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 l ✓JNo 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.
4 i,(,,, 711ad/4,
Signa 7e of owner/date Signature of
JOHN MARTIN STEVE RAGAN
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P·1(A) Page 2 of2 Revised 07110
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 [KJ No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that au the above information is true and correct to the best of my knowledge.
~--~w,0, -I~ . ~•,""1!J,-~~1 At= ---4"-1------------S i gnat u re of owner/date Signature 'appucanVdate
PAMELLA MARTIN STEVE RAGAN
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
Page 2 of2 Revised 3/22
\.._ City of
Carlsbad
PROJECT DESCRIPTION
P-1 (8)
PROJECT NAME: MARTIN RESIDENCE
APPLICANT NAME: STEVE RAGAN
De v1::/oµr.nen t Setvlces
Planning Division
1635 Faraday Avenue
{760) 602-4610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation: NEW SINGLE FAMILY RESIDENCE WITH A TT ACHED ADU
Page 1 of 1 Revised 07/10
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: __________ _ (To be completed by City)
Application Number(s): ________________________ _
General Information
1. Name ot project: _M_A_R_T_IN_R_E_S_ID_E_N_C_E ___________ _
2. Name of developer or project sponsor: _________________ _
3.
Address LOT 5 BUENA VISTA CIRCLE
City, State, Zip Code CARLSBAD, CA 92008
Phone Number: ________________________ _
Name of person to be contacted concerning this project: _S_T_E_V_E_RA __ G_A_N ____ _
Address 143 S CEDROS AVE #B203
City, State, Zip Code: SOLANA BEACH CA 92075
Phone Number: 8584423522
4. Addressot Project: LOT 5 BUENA VISTA CIRCLE
Assessor's Parcel Number: 155-221-05-00 --------------------
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:
6.
7.
8.
9.
R-4 Existing General Plan Land Use Designation: _______________ _
Existing zoning district: _R_-_1_-_1_0_0_0_0 _________________ _
Existing land use(s): _V_A_C_A_N_T _________________ _
NEW SINGLE FAMILY RESIDENCE Proposed use of site (Project for which this form is filed): ___________ _
WITH ATTACHED ADU
Project Description
10.
11.
12:
13.
14.
P-1(0)
Site size: 0.620 AC
Proposed Building square footage: _8_9_3_6 ________________ _
Number of fioors of construction: _2 __________________ _
Amount of off.street parking provided: _2 _________________ _
Associated projects: ______________________ _
Page 2 of4 Revised 07110
..
15. If residential, include the number of units and schedule of unit sizes: ,2~U=N_,_1'-'T'-'S"------
16.
17.
ADU -1200
MAIN HOUSE -7736
If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ,"::"'-------------------
NI A
If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
N/A
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: __________________ _
N/A
P-1(0) Page3of4 Revised 07/10
Are the folfowing items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or
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 1 o 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:
Yes No □ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 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
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 knowI1ge and belief.
Date: 10.21.2021 Signature: _A_ttc~{)'-""i-. ________ _
For: STEVE RAGAN
P-1(O) Page 4 of 4 Revised 07110
"'
PROJECT NAME:
MARTIN RESIDENCE
PROJECT ADDRESS:
LOT 5 BUANA VISTA CIRCLE
CARLSBAD, CA
APN: 155-221-05-00
..
PHOlO SURVEY
EAST
~ECFH/FO
FEB O I 2022
Cr TY u -•J, \ ._uJ3AO
P .ANN NG 81VIS,O\
-
NORTH
-.
( City of
Carlsbad
MINOR
COASTAL DEVELOPMENT PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov P-6
A proposed project requiring application submittal must be submitted by appolntmenr.
Please contact the appointment specialist at (760) 602-2723 to schedule an appointment.
•SAME DAY APPOINTMENTS ARE NOT AVAILABLE
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared
at the same scale. (Use a scale no smaller than 1" = 40'.)
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit.
The City Planner shall make the final determination regarding a project's cost of development.
The primary basis for determining cost of development will be the application of dollar costs per
square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost of
development (Contractor proposals may a/so be submitted for consideration by the City
Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate.
⇒ New Residential Square Footage:
______ squarefeetx$. ____ /sq.ft. =$, ________ _
⇒ Residential Addition Square Footage:
⇒
-,---=---=---square feet x $. ____ /sq. ft. = $, ________ _
Any Garage Square Footage:
~---,--,-,,--square feet x $. ____ /sq. ft. = $, ________ _
Residential Conversion Square Footage: ⇒
______ square feet x $. ____ /sq. ft. = $, ________ _
⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non~
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
uses.)
______ square feet x $ __ /sq. ft.=$, __________ _
COST OF DEVELOPMENT ESTIMATE:$, __________ _
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60.000 cost estimate) D
2. A Coastal Development Permit ($60,000 or more cost estimate) li2]
C. Street address of proposed development
LOT 5 BUENA VISTA CIRCLE CARLSBAD, CA
P-6 Page1of7 Revised 08119
D. Assessor's Parcel Number of proposed development
155-221-05-00
E. Development Description:
Briefly describe project: NEW SFD WITH ATTACHED ADU
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices,
etc.) that surround the proposed development to the:
North: LAGOON
South:..:S::.F.=Dc__ _____________________ _
East: SFD
West:..=S.:..F::D ______________________ _
G. Is project located within a 100-year flood plain? liZI Yes D No
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? D Yes liZI No
If yes, please describe.
B. WIii any existing structure be removed/demolished? 0 Yes liZI No
If yes to either question, describe the extent of the demolition or removal, including the relocation
site, if applicable (also show on plans).
Ill. LOT COVERAGE
A. Existing and Proposed
Existing Proposed Total
Building Coverage 0 sq. ft. 5580 sq. ft. sq. ft. 20.1
Landscaped Area 0 sq. ft. 2162 sq. ft. sq. ft. 8
Hardscape Area 0 sq. ft. 6647 sq. ft. sq. ft. 24.6
Unimproved Area (Left Natural) 27,007 sq. ft. 12618 sq. ft. sq. ft. 46.7
P-6 Page 2 of7 Revised 08/19
%
%
%
%
P-6
B. Parking: Number of existing spaces _0 ______ _
Number of new spaces proposed _3 _____ _
Existing/Proposed TOTAL: _3 ______ _
Number of total spaces required 03:_ ____ _
Number of covered spaces 2
Number of uncovered spaces _1 ______ _
Number of standard spaces _3 ______ _
Number of compact spaces _0 ______ _
Is tandem parking existing?
Is tandem parking proposed?
D Yes # __ liZI No
D Yes#_ liZI No
C. Grade Alteration:
Is any grading proposed? liZI Yes D No
If yes, please complete the following:
1. Amount of cut _1_0 _________________ cu. yds.
2. Amount of fill 1000 cu. yds.
3.
4.
5.
6.
Maximum height of fill slope 02:_ ___________ feet
Maximum height of cut slope .5 feet
Amount of import or export 900 import cu. yds.
Location of borrow or disposal site _______________ _
Page 3 of7 Revised 06/19
Development Services
Planning Division
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
PURPOSE
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
('cityof
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 check1lst 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 checkllst 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 Page1 of7 Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 1: LAND USE CONSISTENCY
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. Projects found not to be consistent with the
CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric
tons of CO2 equivalent (MTCO2e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the
environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may
result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance
with the CAP ordinance requirements identified in Step 2 of this checklist.
Checklist Item
(Check the appropriate box and provide an explanation and supporting documentation for your answer)
A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or 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 specific plan, master plan or zoning designation amendment that would result in an equivalent or less
GHG-intensive project when compared to the existing designations?
Yes No
□
If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and
proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of carlsbad Guidance to Demonstrating Consistency with the
dimate Action Plan.
If "No", proceed to Question B.
B. The 00 established a screening threshold of900 MTC02e/year for new development projects to assist in determining
consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the 00
screening threshold. Will the proposed land use change result in the construction of less than any one of the following?
• Single-Family Housing: SO 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: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to
determine whether it is below the 900 MTCOie/year screening threshold.
If "YK', proceed to Step 2 of the checklist.
□ □
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions
reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset
the increase in emissions over the exlsting designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with califomia Environmental Quality Act Guidelines Section
15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed
and complete a project-specific Self-developed GHG emissions reduction program and~ of the Checklist.
P-30 Page2 of 7 Revised 02120
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate
consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply
to development projects that require a building permit. All other development projects shall implement all
emissions-related mitigation measures from the General Plan Update EIR.
Project No./Name: MARTIN RESIDENCE
Property
Address/APN: 155-221-05-00 ----------------------------------
App I ic ant Name/Co.: STEVE RAGAN NEW MODERN DESIGN
Applicant Address: 143 S. Cedros Ave, #b203
Contact Phone: 858.442.3522 Contact Email: steve@newmoderndesign.com
Contact information of person completing this checklist (if different than above):
Name:
Company
name/address:
Contact Phone:
Contact Email:
Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If
your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for
assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at byilding@carlsbadca.gov.
Estimated Building Permit Valuation (BPV): $_1_0_0_0_0_0_0 ______ _
□ Alterations:
□ BPV ~ $60,000
□ BPV ~ $60,000
□ Electrical service panel upgrade
□ BPV ~ $200,000
□ New construction
□ Alterations:
P-30
lA
lA and 4A
4A
1A and4A
Page 3 of 7
All residential alterations
1-2 family dwellings and townhouses with attached
garages only
Multi-family dwellings only where interior finishes are
removed and significant site work and upgrades to
structural and mechanical, electrical, and/or plumbing
systems are proposed
Revised 02120
City of Carlsbad Climate Action Plan Consistency Checklist
□ BPV ~ $200,000 or additions ~ 1B, 5
1,000 square feet
□ BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area
□ ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000
Please refer to Carlsbad Ordinance No. CS-347 and the Calfomia Green Building Standards Code (CALGreen) for more information when completing this section.
A. 0 Residential addition or alteration~ $60,000 buikllng permit valuation. 0 N/A NEW CONSTRUCTION
See Ord. CS-347, Section 8. D Exception: Home energy score.! 7
Year Built Single-family Requirements
D Before 1978 Select one:
D Duct sealing D Attic insulation □Cool roof
D 1978 and later Select one:
D Lighting package D Water heating package
D Between 1978 and 1990
D 1991 and later
B. 0 Nonresidential• new construction or alterations i! $200,000 building permit valuation,
or additions i! 1,000 square feet.
See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3.
AS.203.ll.l
D Outdoor lighting: .90 Allowed Outdoor Lighting Power
AS.203.1.1.2
D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended)
AS.203.1.2.1
Choose one as applicable: D .95 Energy budget D .90 Energy budget
AS.211.1.0
D On-site renewable energy
A5.211.3 ..
D Green power (if offered by local utility provider, 50% minimum renewable sources)
AS.212.1
D Elevators and escalators
AS.213.1
D Steel framin
P-30 Page 4 of 7
(attach certification)
Multi-family Requirements
D Attic insulation
Select one:
D Attic insulation D Duct Sea ling D Cool roof
Select one:
D Lighting package D Water heating package
i;a N/A RESIDENTIAL
0 N/A
0 N/A
0 N/A
0 N/A
0 N/A
0 N/A
Revised 02/20
City of Carlsbad Climate Act ion Plan Consistency Checklist
D N/A
* Includes hotels/motels and high-rise residential buildings ° For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with california
Energy Code section 120.10 instead.
A. f2J Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 caHfomia Energy Code section 150.l(c) 14 for
requirements, Note: If project lndudes installation of an electric heat pump water heater pursuant to carlsbad ordinance CS-348, lnaease system size by
.3kWdc if PV offset option is selected.
Floor Plan ID (use additional CFA #d.u. calculated kWdc•
sheets if necessary)
A-2.0 6376 S.F. 1 4.8
Total System Size: 4.8
kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.)
*Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type
If proposed system size is less than calculated size, please explain.
Exception
D
D
D
D
kWdc
8. 0 Nonresidential new construction or alterations ~1,000,000 BPV and affecting ~7S% existing floor area, or addition that lnaeases roof area by ~2,000
square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completq this section.
Choose one of the following methods:
0 Gross Floor Area (GFA) Method
GFA:
0 If< 10,000s.f. Enter: 5 kW de
Min. System Size: ___ kWdc
0 If ce 10,000s.f. calculate: 15 kWdc x (GFA/10,000) **
**Round building size factor to nearest tenth, and round system size to nearest whole number.
D Time-Dependent Valuation Method
Annual TDV Energy use:u• x .80= Min. system size: ____ kWdc
•••Attach calculation documentation using modeling software approved by the California Energy Commission.
P-30 Page 5 of 7 Revised 02/20
Cit y of Carlsbad Climate Action Plan Consistency Checklist
A. QI Residential and hotel/motel new construdlon
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
lid For systems serving Individual dwelling units choose one:
D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential
only)
lid Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise
residential hotel/motel) or 150.l(c) 14 (for low-rise residential)
D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heat ing Specification
D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors
D Exception:
D For systems serving multiple dwelling units, install a central water-heating system with all of the following:
D Gas or propane water heating system
D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
D Solar water heating system t hat is either:
D .60 solar savings fraction or 40 s.f. solar collectors
D .40 solar savings fraction, plus drain water heat recovery
D Exception:
B. D Nonresidential new construction
Please refer to Carlsbad Ordinance CS-347 when completing this section.
D Water heating system derives at least 40% of its energy from one of the following (attach documentation):
D Solar-thermal D Photovoltaics D Recovered energy
D Water heating system is (choose one):
D Heat pump water heater
D Electric resistance water heater(s)
D Solar water heating system with .40 solar savings fraction
D Exception:
A. QI Residential New construction and major alterations•
Please refer to Carlsbad Ordinance CS-349 when completing this section.
lid One and two-family residential dwelling or townhouse with attached garage:
ca One EVSE ready parking space required D Exception :
□ Multi family residential· . D Exception •
Total Parking Spaces EVSE Soaces
Proposed Caoable I Ready
I
Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed =Total EVSE Spaces x .SO (rounded up to nearest whole number)
EVSE other= Total EVSE spaces -EVSE Installed
(EVSE other may be "Capable,• "Ready" or "Installed.")
I
I
Installed I
l
Total
P-30 Page 6 of 7 Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
•Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or
include an electrical service panel upgrade; {2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit
valuation ~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems
are proposed.
B. 0 Nonresidential new oonstrudion (Includes hotels/motels) D Exception •
Total Parking Spaces EVSE Spaces
Proposed Capable Readv Installed Total
Calculation: Refer to the table below:
Total Number of Parkinl! Soaces provided Number of reaulred EV Soaces Number of reauired EVSE Installed Soaces
D 0-9 1 1
D 10-25 2 1
D 26-50 4 2
D 51-75 6 3
D 76-100 9 5
D 101-150 12 6
D 151-200 17 9
D 201 and over 10 percent of total 50 percent of Required EV Spaces
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
B. Employee AOT /1,000 square feet is selected from the Qty of carlsbad Employee ADT Table.
Use GFA Employee ADT /1,000 S.F. Total EmployeeADT
Total
If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required.
'NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.ll requires new development that adds vehicle traffic
to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of cartsbad Land Development
Engineering (LOE) staff to determine whether this policy applies to your project.
TOM plan required: Yes D No □
LOE Staff Verification: □, _____ (staff Initials)
P-30 Page 7 of 7 Revised 02/20
RECORDING REQUESTED •
Ticor Tltle -San Diego Branch
,I, ~ -Urder No. 007924S2-995-ND
Mail Tax Statements to
AND WHEN RECORDED MAIL TO:
PAMELA SULLIVAN MARTIN
3301 LINCOLN STREET.
CARLSBAD CA 92008
Parcel No. I 55-221-05-00
DOC# 2021-0271533
1111111011 HIii iHi HI 1111111111 Hll 111111111111m111111111
Apr 08, 2021 08:00 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $1,725.00 (SB2 Atkins: $0.00)
PCOR:YES
PAGES:3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Escrow No.: CB-1040-BH
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENT ARY TRANSFER TAX IS 51,705.00 and CITY S0.00
[8J computed on full value of property conveyed, or
0 computed on full value less liens or encumbrances remaining at th.e time of sale.
D unii;icorporated area: D Carlsbad, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cathy Scholl, Trustee of the Cathy Scholl
Trust dated April 26, 1991
hereby GRANT(S) to Pamela Kaye Sullivan Martin, Trustee of The Pamela Kaye Sullivan Martin Uving Trust dated
January 101 2019
the real property in the City of Carlsbad, County of San Diego, State of California described as:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A".
Commonly known as: Vacant Land On Buena Vista Circle, Carlsbad, CA 92008
Parcel No.: 155-221-05-00
Date March 12, 2021
I
FEB O 1 2022
Signature page attached hereto
and made a part of
,.Title Ofder No: 00792452-995-ND Escrow No,: CB-1040-BH APN: lSS-221--05-00
Title of Document: Grant Deed
Date of Document: March 12, 2021
Cathy Scholl Trust dated April 26, 1991
SIGNATURE PAGE
ACKNOWLEDGMENT
A no1ary public or other officer completing this certificate verifies only !be identity of the individual who signed the document to
which this certificate is attach and not the tru 11Ccu or validi of that document.
STATE OF CALJ!',Q~c er,,,r-, } COUNTY OF ~V\ J>I <-<V S.S. .
-
;:;,ra~~~ eo, fa~ <.xh'ol J-\.J CAP~~1 , Ultli\'@/4 PJb Ii c.
who proved to me on the basisofsdtisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and
acknowledged to me that be/she/they executed the same in bis/her/their ou1horized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and 1 seal.
(Seal)
F-~EUMINARY REPORT
YOUR REFERENCE:
EXHIBIT "A"
LEGAL DESCRIPTION
Tlcor Title Company of California
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Lot 5 of Buena Vista Gardens, in the City of Garlsbad, County of San Diego, State of California, according to Map
thereof No. 2492, filed in the Office of the County Recorder of San Diego County, August 4, 1948.
APN: 155-221:05-00
CL TA Preliminary Tilt& Repor1
IPrelm (OSI Rev. B/15/16) Page3 Order No.: 00792452-995-SOT-ND
ff.I TICOR TITLE™
MAIL TO:
=addressee=
Attn:
Your Ref:
TITLE OFFICER: Cindy Youngers
ORDER NO.: 00909970-995-SDT-CY
DATE: June 22, 2022 3:29 PM
TRANSMITTAL
2275 Rio Bonito Way, Suite 160
San Diego. CA 92108
Phone: (619) 260-0015
PHONE: (619) 260-0015 Ext. 5218
EMAIL: cindy.youngers@ticortitle.com
FAX: (619) 692-9465
PROPERTY ADDRESS: VACANT LAND ON BUENA VISTA CIRCLE, CARLSBAD, CA 92008
BUYER/BORROWER:
Enclosed please find your Policy of lit!e Insurance.
Thank you -we appreciate your business!
JUN 2 7 2022
C\T'r' 0---~;A1-·<LSBJ-\O
o~ __ t_'\!J\!'"·',...... r;i\_/''.2''::--: j
• •
@Chicago Title Insurance Company
GUARANTEE NO.: CA-FASD-IMP-72G28-1-22-00909970
Cl TA GUARANTEE FACE PAGE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE
CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE,
CHICAGO TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A of this Guarantee
against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained
by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A.
Ticor Title Company of California
2275 Rio Bonito Way, Suite 160
San Diego, CA 92108
Phone: (619) 260-0015 • Fax: (619) 692-9465
Email: cindy.youngers@ticortitle.com
Countersigned:
By, {lk{ JJ /,?;,JtL/c-----
Authorized Signature
Chicago Title Insurance Company
' <Jtlci~
.\\,.h,..tJ,.'-1.,1,n p,...,.;i..,
Cl TA Guarantee Face Page (06-05-14) Page 1
C Callfomla Land Title Association. All rights reserved.
The use of this Form is restricted to CL TA subscribers ln good standing as of the date of use. AH other uses are prohibited. Reprinted under
license or express permission from the California Land Title Association.
Order No, 00909970-995-SDT-CY Guarantee No. CA-FASD-IMP-72828-1-22-00909970
GUARANTEE EXCLUSIONS AND CONDITIONS (06-05-14)
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 affecting 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 the Assureds; or (2) that result in no loss to the Assured.
(c) Defects, liens, encumbrarices, adverse claims or other matters not shown by the Public Records.
(d) The identity of any party shown or referred to in 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.
(I) (1) Taxes or assessments of any taxing authority that levies 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 followirig 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) "Land~: the Land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
tenn "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": mortgage, deed of trust, trust deed, or other
security instrument.
(d} "Public Records': those records established under Calitornia
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 ol 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 the 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 Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall tenninate with regard to
the matter or matters for which prompt notice is required; provided,
however, that faWure to notify the Company shall in no case prejudice the
rights of the Assured under this Guarantee unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
3. No Duty to De1end or Prosecute.
The Company shall have no duty to defend Of prosecute any action
or proceeding to which the Assured is a party, notwithstanding the nature
of any allegation in such action or proceeding.
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. ti 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)
10 represent the Assured and shall not be liable for and wHI not pay the
tees of any other counsel, nor will the Company pay any lees, 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 pennils 1he 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
pennit the Company to use, at its option, the name of the Assured for this
purpose. Whenever requested by 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 or 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 tenninate.
5. Proof of Loss or Damage.
(a) In the event the Company is unable to detennine the amount of
loss or damage, the Company may, at its option, require as a condition ol
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 Of damage.
(b) ln addition, the Assured may reasonably be required to submit
to examination under oath by any authorized representative of tha
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, !edgers,
checks, correspondence and memoranda, whether bearing a date before
or after Date of Guarantee, which reasonably pertain to the loss or
damage. Further, ii requested by any authorized representative of the
Company, the Assured shall grant its pennission, 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 inlonnation designated as confidential by the Assured
provided to the Company pursuant to this paragraph shall not be
CL TA Guarantee Exclusions and Conditions (06-05-14) Page 2
@calltornla Land Tida Association. All rights reserved.
The use of this Form is restricted to CL TA subscribers in good standing as o1 the date of use. All other uses are prohibited. Reprinted under license or
express permission from the CalWornla Land Title Association.
•
Order No. 00909970-995-SDT-CY
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 reasonably 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: Tennlnauon of
Llablllty.
In case of a claim under this Guarantee, the Company shall have the
following additional options:
(a) To pay or tender payment al 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
ol payment and that the Company is obligated to pay.
(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' lees, and expenses incurred by the Assured that were
authorized by the Company up to the time ol payment or tender of
payment and that 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 of Llablllty.
(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 obliga~ons 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 ot
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 ol Llablltty or Termination of Llablllty.
All payments under this Guarantee, except payments made for
costs, attorneys' fees and expenses pursuant lo Paragraph 4 shall reduce
the Amount of Uabillty 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 de$truction 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.
10. Subrogat!On 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.
Gu&.,-,i!ee No. CA-FASD-IMP·72G28·1·22-00909970
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 fu!ly 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 Title
Insurance Arbitration Rules of the American Land Title Association
l"Rules1-Except as provided in the Rules, there shall be no joil'Kier or
consolidation with claims or controversies of other persons. Arbitrable
matters may illClude, 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
1he 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 binding upon the parties. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court of competent jurisdiction.
12. Llablllty Limited to This Guarantee; Guarantee EnUre Contract
(a) This Guarantee together with all endorsements, ii 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 claim 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 oflicer or authorized signatory of the Company.
13. Severablllly
In the event any provision of this Guarantee, in whole or in part, is
held invalid or unenforoeable under applicable law, the Guarantee shall
be deemed not to include that provision 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: The Assured acknowledges the Company has
underwritten the risks covered by this Guarantee and determined the
;iremium 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 1s localed 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 litigation or other proceeding brought by
the Assured against the Company must be filed only in a state or federal
court within the United States 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 Chicago Title
Insurance Company, Attn: Claims Department, P.O. Box 45023,
Jacksonville, FL 32232-5o23.
CL TA Guarantee Exclusions and Conditions (06-05-14) Page 3
@Callfornla Land Title Association. All rights rttserved.
The use of this Form is restricted to CL TA subscribers in good standing as of t'le date of use. All other uses are prohibited. ReprintEJd under license or
express permission from the California Land Title Association.
•
Order No.: 00909970·995-SDT-CY Guarantee No.: CA-FASO-IMP-72G28-1-22-00909970
CONDITION OF TITLE GUARANTEE
SCHEDULE A
Order No.: 00909970-995-SDT-CY
Guarantee No.: CA-FASD-IMP-72G28-1-22-00909970
Date of Guarantee: June 16, 2022 at 07:30 AM
1. Name of Assured:
Amount of Liability: $5,000.00
Fee: $500.00
Pamela Kaye Sullivan Martin, Trustee of The Pamela Kaye Sullivan Martin Living Trust, dated
January 10, 2019 as to an undivided 50% interest and John Dean Martin, Trustee of The John D
Martin Living Trust, dated January 10,2019, as to an undivided 50% interest as tenants in common
2. The estate or interest in the Land which is covered by this Guarantee is:
A FEE
3. The Land referred to in this Guarantee is described as follows:
See Exhibit A attached hereto and made a part hereof.
4. ASSURANCES:
According to the Public Records as of the Date of Guarantee,
a. Title to the estate or interest in the Land is vested in.
Pamela Kaye Sullivan Martin, Trustee of The Pamela Kaye Sullivan Martin Living Trust,
dated January 10, 2019 as to an undivided 50% Interest and John Dean Martin, Trustee of
The John D Martin Living Trust, dated January 10,2019, as to an undivided 50% interest as
tenants in common
b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B
which are not necessarily shown in the order of their priority.
72G28 CLTA Guarantee Form No. 28 (06-05-14) Page 4
Condition of Title Guarantee
Cl Callfornla Land TIiie Association. All rights reserved.
The use of this Form is restricted to CL TA subscribers in good standing ~ of the date of use. AH other uses are prohibited. Reprinted under
license or express permission from the California Land Title Association.
Order No. 00909970-995-SDT-CY
EXHIBIT A
LEGAL DESCRIPTION
Policy No. CA-FASD-IMP-72G28-1-22-00909970
THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS,
Lot 5 of Buena Vista Gardens, in the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 2492. filed in the Office of the County Recorder of San Diego County, August 4, 1948.
APN. 1 55-221-05-00
72G28 CLTA Guarantee Form No. 28 (06-05•14) Page 5
Condition of Title Guarantee
Cl Cellfornla Land TIUe Anoelatlon. All rlghb reserved.
The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. AH other uses are prohibited. Reprinted under
license or express permission from the California Land Title Association.
Order No. 00909970-995-SDT-CY Policy No. CA FASD-IMP-72G28-1-22-00909970
SCHEDULE B
1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes
to be levied for the fiscal year 2022 -2023.
2. Property taxes, including any personal property taxes and any assessments collected with taxes, are
paid. For proration purposes the amounts were:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Exemption:
Code Area:
155-221-05-00
2021-2022
$2,228.49
$2,228.49
None
09000
3. Supplemental taxes, including any personal property taxes and any assessments collected with taxes,
assessed pursuant to the provisions of Chapter 3.5 {commencing with Section 75) of the Revenue and
Taxation Code of the State of California, are as follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Code Area:
Supplemental Bill No.:
155-221 -05-00
2020
$1,080.12, Paid
$1,080.12, Paid
09000
809-149-93-40
4. Supplemental taxes. including any personal property taxes and any assessments collected with taxes,
assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and
Taxation Code of the State of California. are as follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Code Area:
Supplemental Bill No.:
155-221-05-00
2021
$6,308.89, Paid
$6,308.89, Paid
09000
819-149-93-31
5. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Chapter 3.5 {commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4,
respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title
to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring
prior to Date of Policy.
6. Any liens or other assessments, bonds, or special district liens including without limitation, Community
Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District.
72G28 CLTA Guarantee Form No. 28 (06-05-14) Page 6
Condition of Tille Guarantee
@California Land TIiie Aaaoclatlon. All rights reserved.
The use of this Form is restricted to CL TA subsclibers in good standing as of the date of use. All other uses are prohibited. Reprinted under
license or express permission from the California Land Title Association.
Order No. 00909970-995-SDT-CY
SCHEDULE B
(Continued)
Policy No. CA-FASD-!MP-72G28-1-22-00909970
7. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
In favor of:
Purpose:
Recording Date:
Recording No:
Affects:
and Recording Date:
and Recording No:
San Diego Consolidated Gas and Electric Company
either or both pole lines. underground conduits and together with the right of
ingress and egress
July 14, 1921
!3ook 853, Page 310. of Deeds
said land more particularly described therein
December 15, 1998
98-0817412, of Official Records
8. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
In favor of:
Purpose:
Recording Date:
Recording No:
Affects:
and Recording Date:
and Recording No:
Pacific Telephone and Telegraph Company
either or both pole lines, underground conduits and together with the right of
ingress and egress
September 29, 1948
Book 2963, Page 373, of Official Records
said land more particularly described therein
December 17, 1998
98-0823979, of Official Records
9. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document;
Reserved by:
Purpose:
Recording Date:
Recording No:
Affects.
Ray N. Halsey and Esther H. Halsey, husband and wife
water. gas and electricity, and for any necessary future extension of these
services
May 15, 1952
Book 4468, Page 465, of Official Records
said land more particularly described therein
The exact location and extent of said easement is not disclosed of record.
10. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Dated:
Trustor/Grantor
Trustee:
Beneficiary:
Loan No.:
Recording Date·
!3_ecording No:
$4,095,000.00
May 2, 2022
Pamela Kaye Sullivan Martin, Trustee of The Pamela Kaye Sullivan Martin Living
Trust, dated January 10, 2019 and John Dean Martin, Trustee of The John D
Martin Living Trust, dated January 10. 2019
Fidelity National Title Insurance Company
First Republic Bank
24-08192783
May 13, 2022
2022-0206600, of Official Records
72G28 CLTA Guarantee Form No. 28 (06-05-14) Page 7
Condition of Title Guarantee
C C&Hlornla Land Title Association. All rights reserved.
The use of this Form is restricted to CL TA subscnbers in good standing as ol the date of use. Al\ other uses are prohibited. Reprinted u11der
license or express permission from the California Land Title Association.