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AMEND 2024-0007; YEOMANS TPM; Minor Subdivision (MS)
Ccicyof Carlsbad LAND USE REVIEW APPLICATION P-1 " D Services Planning Division (le-VI 5( 6JJ, iv f1J lO l3-boo{' 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov §) SUBMITTAL INFORMATION -ALL APPLICATIONS NAME oF PROJECT: t/-3 7 8 Tv D Lu ~ ;u 6 f'LA cc -~ &0 fJlli!>AJI ltJf ~pt-rr BRIEF SUMMARY OF PROJECT: S ls °} U rz_. & AN Lt; f" Sf L 1 T APPLICATIONS APPLIED FOR: Check the appropriate boxes for the application types for which you are applying. (CHECK ALL APPLICABLE BOXES) Development Permits (FOR DEPT. usE oNL vi Legislative Permits (FOR DEPT. USE ONLY) D Coastal Development Permit D Major D Minor D Conditional Use Permit 0 Major O Minor O Amend/Ext. 0 Day Care (Large) D New D Amend/Ext. D Environmental Impact Assessment D Habitat Management Permit D Major D Minor D Hillside Development Permit 0 Major D Minor D Amend/Ext. D Nonconforming Construction Permit D Planned Development Permit D Residential D Non-Residential D Major D Minor D Amend D Precise Development Plan D Site Development Plan 0 Major O Minor D Special Use Permit ~ Tentative Parcel Map (Minor Subdivision) lit A\'V\t~W\lV\-t D Tentative Tract Map (Major Subdivision) D Variance D Major D Minor PrM'E.N O ~1,1-t -1","-,.-, vvv i NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE MADE BY APPOINTMENT OR THROUGH THE CSS ONLINE PORTAL. P-1 Paae 1 of 5 D General Plan Amendment D Map D Text D Local Coastal Program Amendment D Map D Text D Master Plan D New Plan □Amend D Specific Plan 0 New Plan D Amend D Zoning Change D Map D Text Misc. Permits (FOR DEPT. USE ONLY) D Planning Determination D City Planner D PC Appeal D Historic Preservation D Register D Mills Act D Reasonable Accommodation FOR CITY USE ONLY: DEV CASE NO.: 1.\:ii..1"0i'?{6 REC. BY: "'1\\,\ DATE STAMP APPLICATION RECEIVED CITY OF C/\HU~L3/\D AUG O 6 2024 PLANNING DIVIS/0/\J Revised 07/23 ... Application for an Urban Lot Split of 4378 Tuolumne Pl 92010 Carlsbad New revised application to superseded MS 2023 -0006 Submitted J.ul ~6, 29.2(: Please note that the only change in this application from the approved MS 2023 ) -0006 is the rotation of the southwest line of parcel 2 by about 20 degrees. No change in area has occurred. No change in setbacks has occurred. No change in any other items on the tentative map have been made. This is an application for an Urban Lot Split per California Government Code Section 66411.7 Subdividers statement: No improvements are planned at this time. The existing parcel is used as a single family residence with a large unused yard. The proposed use of parcel 1 is to remain unchanged as a single family residence with no planned improvements. The proposed use for parcel 2 is the use as a residential lot in accordance with 66411. 7. No residential development of any kind is proposed as part of this application. The application meets all of the requirements listed in 66411. 7 as follows: 66411. 7 (a) The local agency shall approve the requested lot split ministerially. 66411.7 (a) (1) The application is to divide one legal lot into two. The area of the original parcel is 27,128 sf. The new parcels will be 16,277 square feet and 10,851 square feet respectively. The smaller parcel consists of 40% of the original parcel, satisfying the requirement that one parcel shall not be less than 40% of the lot area of the original parcel. f 66411. 7 (a) (2) Neither of the two parcels will have an area of less than 1,200 square feet. 66411.7 (a) (3) (A) The original parcel is zoned R1 Single Family Residential. CITY OF CARLSBAD AUG D 6 2024 PLAi'✓-NING DIVISION I 66411.7 (a) (3) (B) The subject property is located within the City of Carlsbad which includes an urbanized area as designated by the United States Census Bureau 66411. 7 (a) (3) (C) The parcel satisfies the requirement specified in subparagraph(B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4: The parcel is not located on a site that has the following: (B) Prime Farmland: per CA Department of Conservation Farmland Mapping & Monitoring Program (FMMP) classification (image attached) (C) Wetlands: per "California Wetlands (Feature Server)" ArcGIS Layer (image attached) (D) Very High Fire Hazard Severity Zone: per ArcGIS layer: Department of Forestry and Fire Protection (image attached) (E) Hazardous Waste: per Envirostor Hazard Waste Map and CalEPA Cortese List sites: https://calepa.ca.gov/sitecleanup/corteselist/ (image attached) (F) Earthquake Fault Zone: per CA Department of Conservation interactive Earthquake Zone map: https://maps.conservation.ca.gov/cgs/EQZApp/app/ (image attached) (G) Flood Hazard Zone (100 year flood zone): per FEMA Flood Hazard Zones ArcGIS layer by "orgData" (Image attached) (H) Floodway: per FEMA Flood Hazard Zones ArcGIS layer by "orgData" (Image attached, same image as Flood Hazard Zone) (I) Natural Community Conservation Plan: Non-existent in this jurisdiction (J) Habitat for protected species: per ArcGIS layer "FWS HQ ES Critical Habitat" by U.S. Fish & Wildlife Service (Image attached) (K) Conservation easement (per National Conservation Easement Database) (Image attached) 66411.7 (a) (3) (D) The proposed Urban Lot Split does not require any kind of demolition or alteration of housing. 66411. 7 (a) (3) (E) The parcel is not located within a historic district. 66411. 7 (a) (3) (F) The parcel has not been established through a prior exercise of an urban lot split. 66411. 7 (a) (3) (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban not split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements: (1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. (3) Notwithstanding Section 66411.1, a local agency shall .D.o1 impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. We respectfully request approval of the Tentative Parcel Map submitted in accordance with these standards. Very Truly Yours, Peter Riechers, P.E. Ccityof Carlsbad PROJECT DESCRIPTION p,,,1(B) §] APPLICATIO•N INFORMATION • ' Development Services Planning Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov This submittal form {Part A and Part B) is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until this information is completed. Submittal of a detailed project description is important to ensure the timely review of your land Use Review Application and to reduce repetitive review cycles: The following instructions detail the types of information to include in your written project description. These instructions are not exhaustive. More complex entitlement requests typically require more comprehensive information while less complex requests might require less information. The intent of this form_ is to provide guidance on what type of information to include in the written project description. Prior to submitting an entitlement application, review the entitlement-specific filing instructions for each application type, as well as instructions for preparing a complete site plan or tentative map, etc. A complete project description should include the following elements: ✓ Project name: Fill in the field with the name of the project, such as "Red Oak Homes" or "Benson Commercial." If no name is proposed, write the last name of the Applicant or Property Owner, plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." ✓ Applications applied for: List the various application types for which you are applying. Consult with the Planning Division to determine required application types needed to process your specific project. ✓ Assessor parcel no(s).: Include all assessor parcel numbers included that are within the project boundary. Planning staff can assist you in determining the appropriate assessor parcel number(s}. ✓ Describe the complete project scope: Provide a narrative description of the proposed project including, but not limited to: project area by square footage or acreage, proposed land use(s), number of developable lots or units proposed, number of common area or open space lots, open space acreage, site access and proposed roadway and circulation improvements, parking location, design and number of spaces, existing utilities by . type and location, proposed utilities by type and location, project grading with estimated quantities for cuts and fills, pro.posed drainage and storm water treatment improvements, project phasing, proposed square footage of amenities buildings such as recreation centers and clubhouses, proposed square footage of commercial or industrial buildings, noise barriers, proposed parks and trails, landscaping improvements and other relevant information. Project descriptions for commercial land uses should also include days cind hours of operation, number patrons or customers, number of employees, typical daily traffic, proposed outdoor uses or use areas, food or alcohol sales, descriptions of promotional events including uses with outdoor amplified speech or music. • CITY OF C/,F-;i_ :' AUG O 6 wn PL!\Ni·:n:\JG D n Page 1 of4 ·P-l(B) Form Rev 6/2023 PARTA. ProjectSummaryinformat~on rievtJlo., -re, NJ 70 -ZJ-(jtJ()C NAME OF PROJECT: 4s 7 s TrJ oLu 111J r: ·... 5es °I D Vl6AA.J ~T ~ PL, r APPLICATION PERMIT TYPES REQUESTED: s g °I . u itL .BA-)..) . ~ T ~ p (_ IT ACCESSOR PARCEL NUMBERS: [ & ) -S"" C '1 -Z.. C PROPERTY ADDRESS: 4 '] I 8 '\ U D L, t.) f1 /J t;; f' L A C-€ CONTACT: □ Applicant Fully describe the proposed project by application type. lnclud~ 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. T\~1 .s A, ff (JC 4 Tl O }.I I) -ro o, VI() e 17(-E; cz. 7, 1'2. .B Sf 17 f\ rt.. l,.€l \ JJ 'tcJ '2.. Lo -r-f V S. I fol C. rt' /Pr; ~ ~ t:J f fl..D C.. E-~ f. 1v o c o,u sr'liu &T< o )J 1s c o;.1 ye--r1 e~A n:P u >1 () (3°(L r-1r ,s ~t=fL-nl'T. NC> hDO/f/C,/1.'troxr ofL C../,t-A/V[E 1» ()Jc a£ S'vc..7 J ;It) IA /V 6 LJ V A C feN T PA Yl C £ L JJ ltt C ld O F f" S ~ Al r= o ri, O f. T Yl ~fy. I\ lC VT{ l I 1(t" S I\ y2., t t.. o &4 ~~ A T1,\-~ 'f (IL. 0;11 A(} ,C OF 'Tl.f-e ,V t'l-b f e:"°Y\-T .., tJ' }J g:J?t.;v Fort-P ~ /.. ~ o C lf-..l\. r.>J .u & DYL Coµ ~T"2. o c.. T"t c,µ I ~ '?~ f o ~ 1=0 .. A OE°lAtL ~ nt Jc u ~i r o /2i' oJJ ~ 0111 ti-en ~ g 4 ftllP1/ll(S I g A-f\ ~ t [-rz:97) 1. ;v T?1"e-~ f? j A ff~I L'..A T7 tJ J./ L e?teri-.. r·1t1I /I//L/(ll170lt/ !~ /11✓ fl' P1!1C//I} !1f1R1TTO M{'?ors,-oor; Page 2 of 4 P-I(B) FonnRev 6/2023 Denote whether the following items are applicable to the project or if any portion of the property located within any of the following? Use an addendum sheet to further describe all items marked "yes" in this list (attach additional sheets as necessary). 1. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code§ 51178 for State Responsibility Areas; or any official local maps published pursuant to Government Code§ 51178 for Local Responsibility Areas. 2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). 3. A hazardous waste site that is listed pursuant to Government Code§ 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code§ 25356 of the Health and Safety Code. NOTE: Certification of compliance required on Form P-l(CJ. 4. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. 5. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist. 6. Any historic or cultural resources known to exist on the property. 7. The project requires any approvals under the Subdivision Map Act, such as a parcel map, a tentative map, or a condominium map. NOTE: If "yes," you may need to complete Form P-l(E) and Form P-l(F). 8. The project require a Density Bonus Approval. NOTE: If "yes," you must complete Forms P-l(H). 9. The project site located within the Coastal Zone. NOTE: If "yes, 11 you may need to complete Form P-6 and/or Form P-7. a. If "yes," does any portion of the property contain wetlands, as defined in Title 14 of the California Code of Regulations§ 13577. Yes □ □ □ □ □ □ igJ □ -□ □ No ~ ~ □ □ JJ/A Page 3 of 4 P-l(B) Form Rev 6/2023 b. If "yes," does any portion of the property contain environmentally sensitive habitat areas, as defined in Public Resources Code § 30240. NOTE: If "yes," you may need to complete Form P-17 or Form P-18. C. If "yes," does any portion of the property contain a' tsunami run~up zone or mapped inundation area. d. If "yes," does any portion of the property contain any public access to or along the coast. 10. The project impacts a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Fish arid Game Code§ 1600. 11. Any portion of the property is subject to any recorded public easement, such as easements for storm drains, water lines, and other public rights of way. Yes No □ □ N/4 □ □ □ IV/i □ [Kl I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information furnished is true and correct. Name: _f_E_~ ~_;_,,.,c:-7--ll~l_c_C_lkt_-_fl_~=-------- Signature: __ ,...~-~~---~------------"----------/ This form must be stapled/attached to· the application and shall be effective until replaced or revoked in writing. NOTE: The Applicant, Property Owner, or Agent should use this form when submitting project revisions to update the information provided in response to issues raised by during the course of the city's review. Page 4 of4 P-l(B) Fonn Rev 6/2023 -----·:, ( ' ------------,, ------------\-l Ccicyof Carlsbad Certificate of Accuracy P-37 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Project Name 4 :378 TV Ol. u th /VO (L. -se. 4 u ,e..,5~ ,A.I c....o 'T s pC,./ r Type of permit(s) applying for s ~ , u tL ~ A:-rl U?T .f 'Pl, rr P-37 CITY OF CARLSBAD -PLANNING DIVISION CERTIFICATE OF ACCURACY I certify all documents and plans clearly and accurately show all existing and all proposed buildings, structures, access roads, and utilities/utility easements. All proposed land use activities, improvements to land, and/or building modifications or additions are clearly labeled on the site plan of the approved plan set. I understand that any potentially existing detail within these plans inconsistent with the site plan are not approved and may be required to be altered or removed. The submitted documents and plans show the correct dimensions of the property, the buildings, and structures and their setbacks from property lines and from one another, access roads/easements, and utilities. The existing and proposed use of land and of each building as stated is true and correct. Further, all improvements existing on the property were completed in accordance with all regulations in existence at the time of their construction, unless otherwise noted. All easements and other encumbrances to development have been accurately shown and labeled as well as all on-site grading/site eparation. Date: Page 1 of 1 ------ CITY OF C/\RlSBAD AUG D 6 2024 PLANN//\/G DIV/S/Oi\J Rev. 2/2022 .. .. Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 {city of Carlsbad 0 06 ( PURPOSE In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its prop.ortional 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 require discretionary review. The specific applicable requirements outlined in the checklist shall be required as conditions of project approval for CAP compliant projects with streamlined GHG emissions assessments. This checklist (i.e. Form P-30) is complementary to the checklist provided in Form B-50, which is specific to building permits and required for building permit applications. 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 of 8 AUG O 6 2024 PLANN1r,.,r-~-., Revised 6/22 0 _,J 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. (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 Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 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 CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: 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 MTC02e/year screening threshold. If ''Yes", 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 existing 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 California 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 Step 2 of the Checklist. P-30 Page 2 of 8 Revised 06/22 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: Property Address/APN: Applicant Name/Co.: Applicant Address: Contact Phone: Contact Email: f<:"'fe"~~ ~t~t-ert fell(Jf »cCt, ~roY'l Contact information of person completing this checklist (if different than above): Name: Company name/address: N ll f A-G-A Contact Phone: Contact Email: ~~/L~ f /[9ft'.11-r E}J Cl ~Eel'-!~ t • Co,-, 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 building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ ____ -e--______ _ {\J) A □ .New construction /I rJ O <J) I Alterations: All residential alterations C,d ~ S'f lv □ BPV < $60,000 N/A ----------------+-------+--------------------□ BPV ~ $60,000 lA and 4A □ Electrical service panel upgrade 4A □ BPV ~ $200,000 lA and 4A BPV ~ $1,000,000 2B D New construction P-30 Page 3 of 8 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 Multi-family dwellings only where ~$1,000,000 BPV AND affecting ~75% existing floor area Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist □ Alterations: □ BPV ~ $200,000 or additions~ 18,5 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 18 also applies if BPV ~ $200,000 Please refer to carlsbad Ordinance No. CS-437 for more information when completing this section. A. D Residential addition or alteration i!: $60,000 building permit valuation. See Ord. cs-437. Year Built Single-family Requirements D Before 1978 Select one: D Duct sealing D Attic insulation D Cool roof D 1978 and later Select one: D Lighting package D Water heating package □ Between 1978 and 1990 D 1991 and later B. D Nonresidential* new construction or alterations i!: $200,000 building permit valuation, or additions i!: 1,000 square feet. See CALGreen Appendix AS, as amended in CS-437. AS.203.1.1.l □ Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 □ Restaurant service water heating (comply with california Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget AS.211.1. ** D On-site renewable energy AS.211.3** D Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.l □ Elevators and escalators f OAI □ N/A ________ _ □ Exception: Home energy score~ 7 (attach certification) Multi-family Requirements D Attic insulation Select one: D Attic insulation D Duct Sealing Select one: D Cool roof D Lighting package D Water heating package D N/A _________ _ □ N/A □ N/A □ N/A □ N/A □ N/A □ N/A P-30 Page 4 of 8 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist AS.213.1 □ Steel framing 0 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. D Residential new construction. Refer to carlsbad Ordinance No. CS-437 for requirements, which amends Section 150.l(c} of the CEC for single-family residential; and Section 170.Z(d) of the CEC for multi-family requirements. Note: if project includes installation of an electric heat pump water heater pursuant to carlsbad ordinance CS-447, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. calculated kWdc* sheets if necessary) Total System Size: 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 □ □ kWdc B. D Nonresidential and hotel/motel new construction; or major alterations to nonresidential, hotel/motels, and multi-family residential ?:$1,000,000 BPV and affecting ?:75% existing floor area, or addition that increases roof area by ?:2,000 square feet. Please refer to carlsbad Ordinance CS-437 when completing this section.• Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □ If< 10,000s.f. Enter: S kWdc Min. System Size: 0 If?: 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** kWdc --- **Round building size factor to nearest tenth, and round system size to nearest whole number. □Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. * New CEC standards also require battery storage systems meeting the requirements if Reference Joint Appendix JA12 of the CEC. P-30 Page 5 of 8 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist A. D Residential new construction Please refer to Carlsbad Ordinance CS-437 when completing this section. D For systems serving individual dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, choose one : D Single 240-volt heat pump water heater AND compact hot water distribution AND Drain water heat recovery (low- rise residential only) D Single 240-volt heat pump water heater AND PV system .3 kWdc larger than required. D Heat pump water heater meeting NEEA Advanced Water Heating Specification Tier 3 or higher. D Solar water heating system with electric backup that is either .60 solar savings fraction of 40 s.f. solar collectors. D Gas or propane system with a solar water heating system and recirculation system D Exception: D For systems serving multiple dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, install a central water-heating system with all of the following: D Recirculation system D Solar water heating system that is either: D .20 solar savings fraction D .15 solar savings fraction, plus drain water heat recovery D Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-437 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 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: P-30 Page 6 of 8 D Recovered energy Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist A. D Residential -New construction and major alterations* Please refer to Carlsbad Ordinance CS-437 when completing this section. D One and two-family residential dwelling alterations with no electrical panel upgrade (No EV space required) □ ADU (no EV space required when no additional parking facilities are added) D One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required D Exception : □ Multi-family residential: □ Exception • Total Parking Spaces EVSE Spaces Proposed for New capable Ready Construction (10% of proposed) (25% of proposed) Total Proposed or Altered Capable -- Spaces (Major (10% of proposed) Alterations)** Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") Installed Total (5% of proposed) --Total *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation :1: $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 :1: $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. **When new parking facilities are added, or electrical systems or lighting to existing parking facilities are added or altered and the work requires a building permit, 10% of the total number of parking spaces or altered shall be EV Capable. This is NOT a CAP checklist requirement, but is included to coordinate CEC compliance early in the planning process B. D Nonresidential new construction (includes hotels/motels) □ Exception • Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces (Capable) Number of required EVSE Installed Spaces D 0-9 1 1 □ 10-25 4 1 □ 26-50 8 2 □ 51-75 13 3 D 76-100 17 5 D 101-150 25 6 □ 151-200 35 9 D 201 and over 20 percent of total 25 percent of EV Capable P-30 Page 7 of 8 Revised 06/22 . , City of Carlsbad Climate Action Plan Consistency Checklist A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT/1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LDE) staff to determine whether this policy applies to your project. TDM plan required: Yes D No D LDE Staff Verification: □ _____ (staff initials) P-30 Page 8 of 8 Revised 06/22 Ccityof Carlsbad TENTATIVE PARCEL MAP TENANT NOTIFICATION STATEMENT (Statement of Compliance with Subdivision Map Act Sect. 66427.1) P-1 (G) ie-vtJ/61/ 1o NS-zc,-z.3-Oa6( Proposed Minor Subdivision No.: ___________ _ Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov I hereby certify that I have read Subdivision Map Act Section 66427 .1 (provided below) and that I will make all notifications to e tenants required therein. '1--~ --2..3' Print Name Date □Property Owner C5Applicant Print Name Date [iaProperty Owner □Applicant Subdivision Map Act Section 66427.1 (a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds as follows: (1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451). (2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each of the following notices: (A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the report will be available on request. (C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate. (D) Written notification within 10 days after approval of a final map for the proposed conversion. (E) One hundred eighty days' written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. (b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mail. (c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium projecC~Tc.6rS:Jmu6ity.!aparfmenl project, or a stock cooperative project shall be issued in that language. • AUG O 6 2024 PLANNING DIVISION P-1(G) Page 1 of 1 Revised 3/22 Ccicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1 (E) t'U" ti/ Jr 6 1,.1 1o H SU>'Z.:~ -aoo C §j ACKNOLWEDGEMENT INFORMATION Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by State law do not start until a project application is determined to be complete by the city. The city has thirty calendar days from the date of application submittal to determine whether an application is complete or incomplete. The State law, called the Permit Streamlining Act (California Government Code §§ 65920 et seq.), applies to "development projects," which include subdivision maps and most discretionary development permit applications. It does not apply to ministerial actions (such as building permits, lot line adjustments, etc.) and does not apply to legislative actions (such as zoning district or map changes). Permit application intake and project review must not begin unless a "duly filed" application package has been submitted and all required elements are accepted by the Planning Division. For the Planning Division to consider a project application duly filed, the application must be accompanied by all forms, documents and other relevant requirements specified in the Minimum Intake Submittal Requirements Checklist. If Planning staff finds that the checklist submittal requirements have been provided, the application must be considered duly filed and accepted for intake. The application is assigned a case number, the customer informed that application has been accepted for processing as of the date of intake, and the application routed to Planning Division management for assignment. Under the Permit Streamlining Act, within thirty days of submittal of a duly filed development permit application, you will receive a letter stating whether the Land Use Review Application is complete or incomplete. The case planner must deem an application "complete" pursuant to Government Code § 65943 if the applicant provides all the required information in the Completeness Determination Requirement Checklist. If it is determined "incomplete," the case planner will transmit a letter to the applicant and will state what is needed to make this application complete. When the application is determined "complete," the processing period will start upon the date of the completion letter. The California Environmental Quality Act (CEQA) works together with the Permit Streamlining Act by commencing its environmental review after project application is complete. Development project applications that are not exempt from CEQA and are subject to environmental review are also subject to environmental review processing time limits pursuant to CEQA Guidelines. The State guidelines establish time limits for the three main components of environmental review: 1) the Initial Study; 2) Negative Declaration completion; and 3) Environmental Impact Report completion. These processes and time limits are separate from the time limit and processes of Planning Department review of development project permit applications although the projects go through both processes unless they are categorically exempt. After CEQA review, the Permit Streamlining Act controls again through project decision. If you have any questions regarding application submittal requirements (i.e., clgirifi.~aJi~r-regarding a specific requirement or whether all requirements are necessary for your particul~i'I f{plication) 'please call please call (442) 339-2600 or email planning@carlsbadca.gov. AUG O 6 20?1~ Page 1 of 2 P-1(A) Form Rev 6/2023 1Afew statuteS,or ordinancesJequire:agenciesto' make,cfecisions 01) perrnits within tlme limits that are roshortl !that review}if the.:project 1:1nder.~EQA\voi.Jld ;be dlffi~ult:.Jo enable: tne·-·ciWfo c6mply.with ·both:the Per'mit; ;streamlinin.g Act statute and CEQA, the cas~ planner: n.,ust de~m an.application for: a:project notreceived for filingl 1under: th~ .st~tute or ordinance until such time as p'rogre~s.tO\,vard .completi.ng the environmental documentation) [requ[Iefd hy✓CEQA is st,1fficientfojnable the5ityJ9ifinish:~i:EOA;P[OCE!3S w.ithinth'eshQ.rt per!!}i:ttim~limit. j BY SIGNING BLEOW, I/We understand that this form must be completed as part of the application and documents that I/we have been informed of process requirements and timelines including: 1) time limits on determining application completeness; 2) notifying applicants in writing if their applications are complete; 3) time limits for environmental review; and, 4) disclosure to applicants about these time limits and certain aspects of the application review process. Each city review letter will include a project processing schedule and estimated decision date that incorporates the time limits for processing projects. I/We also understand that if there are any concerns about the progression on the development application (e.g., the notice, review, or decision schedule) the Applicant, Property Owner, or Agent should immediately contact the case planner to discuss project processing, upcoming milestones, and/or timeline concerns. Time periods may be extended by mutual consent, within limits. NAME oF PROJECT: 417 B ,-v o L-v M ,v r5 ~ B '1 vw.. ~ lt7J u, g I' t..1r BRIEF SUMMARY OF PROJECT: s & 1 1J VL s "J)oJ Lo T ~ r L I r LOCATION: 4 J 12 Tu o LlJ n JJ c CONTACT: □ Applicant □ Property Owner Ct.Agent Signature:-------'--------------------------- Name: ______________________ Date: ________ _ This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. NOTE: Not all discretionary projects are subject to the 30-day review period. And there might be circumstances that dictate a different processing timeline pursuant to state law. fl,G= rJt 15 JJ tJ t;= . I Tit'€ Tl h 6" L/41 6 A }\ Pf Lt C..4TT OIJ Page 2 of 2 P-1(A) Form Rev 6/2023 C Ccityof Carlsbad FINANCIALLY RESPONSIBLE PARTY STATEMENT P-1(J) Development Services Planning Division 1635 Faraday Avenue (442-339-2600 www.carlsbadca.gov ~ ti/ JI 1 /,, 1<> 1"1 J' '&,-() t> -o o o t' §) APPLICATION INFORMATION This submittal form is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until Part A is completed. Part B is to be completed only when there is a change in assignment and there is a new Financially Responsible Party. PART A. Assignment It is the policy of the City of Carlsbad to recover the actual cost of processing Land Use Review Applications, including all time spent by city staff to review, refer, and coordinate land development applications. The fee amounts are set by ordinance or resolution to cover the estimated costs of processing the application package. Actual costs may vary substantially due to project location, environmental issues, planning constraints, appeals or code/ordinance compliance. The Property Owner, Applicant, or Agent is required to submit proof of payment for the required intake fee amount for each application permit type. The amount due and to be received by the city must be based on the Master Fee Schedule in effect at the time of payment, regardless of the original estimate or costs paid to process prior projects. The person named as Financially Responsible Party in this document is person or persons responsible for depositing, transferring, or has previously sent funds to process the following application. PROJECT NAME: 4'37& TUOLo '111v c fL-srs "l u ri.,13 A;J u, ~ ft, Jt BRIEF PROJECT SUMMARY: Sis 4 UVZ-.8 '-\: N L, OT Sf l 1T PROJECT LOCATION: 4-5 7 8 TIJ ()LV "'1 JU t;-?LA~[; Said fees or deposits and any subsequent fees or deposits are made on behalf of the person, corporation or partnership named below as the "Financially Responsible Party." With reference to said application and fees or deposits, the Financially Responsible Party hereby acknowledges and agrees as follows: 1. Said initial payment, deposit, and any subsequent payments or deposits shall be held by the city in an account under the name of the project and/or Financially Responsible Party, and the funds remaining in said account at the completion of work or withdrawal of the application shall be refunded to the Financially Responsible Party at the address below. In the case that the Financially Responsible Party transfers ownership of the subject property and wishes to transfer responsibility of the Deposit Account to the new owner, a Change of Financial Responsibility Form must be completed to authorize transfer of ownership of funds in said account (Section 3 of this document). The Financially Responsible Party may contact the assigned planner to request a new form. CIT'{ O'F C/'.,.".t.::~·., .,:J AUG O 6 2024 . Page 1 of 3 P-1(J) Form Rev 7/2023 i 2. All costs incurred by the city in processing said application, including overhead, whether within or over the is the Financially Responsible Party's personal obligation and shall not be affected by sale or transfer of the property subject to the application, changes in Financially Responsible Party's business organization, or any other reason. "Costs incurred by the city" as identified in this paragraph may include costs for the services of an outside contractor for third party review, including environmental evaluation. Where the City Planner determines it is necessary to engage the services of an outside contractor to assist with application processing, costs for such services are to be paid by the Financially Responsible Party in the same manner identified above. 3. If the Financially Responsible Party withdraws an application, the City Planner will cease processing of the application within one day and will proceed with the case closure process. The Financially Responsible Party is responsible for all case closure costs. Case closure costs will be minimized to the maximum extent practicable. The Financially Responsible Party is a (check one): □ Applicant □ Property Owner l;8[ Agent □ Other: ____________ _ Financially Responsible Party's Legal Name: _?_.__e=_-_-rl;= ___ n-___ ~_l_~_~_tt-_r::-_12.:----'-~- Address: S" CANU\" '1 L N City: _.M ...... 1-'-/\.~f_A'"-______ State: CA Zip Code: j4-'f(71 Phone: 7 D ?~ C 'JO-4 9 2.. 'l Cell Phone: ------------ Email: "'e=-'"T"f; IL © ~ I CC H € \2. _g, C IN t-1 .N (?5(2_} /Vb· CO /<J By signing below, I/We have read this form and agree to all terms and limitations provided for application intake and processing. I understand and agree that as the Financially Responsible Party, I/We are responsible for payment of all fees associated with this project including all hourly or other fees which might accrue during the review and/or post-issuance whether the permit issued or whether the application is canceled or denied before the permit '.ned../7 .. Financially Responsible Party Signature:~~'-'--'"-----+<---=---~--Date: 9 -'7 -2tJ 2. 3 / Print Name: '1?e:T:E:n-£ I <= C.. H c::-~ g The information about the Financially Responsible Party provided above must be 100% accurate. If there is a refund, the check will be mailed to the name and address stated below. If the information stated on this form is inconsistent with our system, the Financially Responsible Party must clarify and correct before the application can be deemed complete. Also, a Letter of Authorization (LOA) is required if the Financially Responsible Party is a "company", stating that the Agent has the authority to complete and sign this form. Page 2 of 3 P-1(J) Form Rev 7/2023 PART B. Change in Assignment (New Responsible Party) This portion of the submittal form is to be completed when the Financially Responsible Person changes during the course of processing the application with the City of Carlsbad. Transferring from (to be completed by current Financially Responsible Party): I, _________________ __, hereby assign and transfer all rights and financial responsibilities for the following application: PROJECT NAME: _________________________ _ BRIEF PROJECT SUMMARY: _____________________ _ PROJECT LOCATION: _______________________ _ PLANNING CASE NOS.: _______________________ _ Current Financially Responsible Party Signature: ________________ _ Print Name: ___________________ Date: _______ _ Acceptance of Transfer (to be completed by the new Financial Responsible Party): I, ____________ _, hereby accept financial responsibility for the above-mentioned project from ___________ (FRP, Part A.), effective date _____ _ New Financially Responsible Party's Legal Name: ---------------- Address: ------------------------------ City: ______________ State: ___ Zip Code: ______ _ Phone: _____________ Cell Phone: ____________ _ Email: _____________________________ _ New Financially Responsible Party Signature: ________________ _ To be stapled/attached with receipt to the application and shall be effective until replaced or revoked in writing. Page 3 of 3 P-1 (J) Form Rev 7/2023 T' Community Development Dept. Planning Division (city of Carlsbad THE HOME ACT (SB-9) ELIGIBILITY CHECKLIST B-74 1/1 / /// J / o ll 1'V f15 'l-6 7."J. -006 ( 1635 Faraday Avenue 442-339-4600 www.carlsbadca.gov Refer to 1B-133 for information Applicants intending to propose a Single Lot Duplex and/or Urban Lot Split pursuant to SB-9 (Gov. Code §§65852.21 and 66411.7] must complete this checklist to demonstrate eligibility. Refer to Informational Bulletin 18-133 for additional information on the state's HOME Act allowances and the city's permit application review processes. SINGLE LOT DUPLEX The following pertains to the property being considered for SB-9 application, Including any existing structures, whether the primary home or accessory dwelling unit (ADU), that are on the site. Applicants answering "YES" to the following statements may be eligible for SB-9 processing. Applicable Government Code ,sections provided. Residential Property. The property is zoned R-1 (One Family Residential), R-A (Residential Agriculture), or R·E (Residential Estate) pursuant to the city's adopted zoning map and no more than two residential units are proposed on a single-family parcel. Agricultural Farmland. The property, in whole or part, is !!Qt listed as prime farmland or farmland of statewide importance as designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned for agricultural preservation or protection by ballot measure. Wetlands. The property, in whole or part, does !!Qt contain any wetlands as defined in the US Fish & Wildlife Services Service Manual, Part 660 FW 2 (June 21, 1993). Fire Hazards. The property Is !!Qt located within a high or very high fire hazard zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code, unless the project complies with the city's fire hazard mitigation measures and ignition resistant construction design standards. Hazardous Waste. The property is nQ! listed as a hazardous waste site pursuant to §65962.5 of designated by the Department of Toxic Substances Control pursuant to §25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use. Earthquake Fault. The property is not within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection code standards adopted by the CA Building Standards Commission under the CA Building Standards Law (part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and CMC §18.04.010 where the city adopted by reference the 2019 California Building Code chapter 16, section 1613 Earthquake Loads which references chapter 18 of the American Society of Civil Engineers ASCE 7-16 manual. Flood Hazards. The property is nQ1 located within a special flood hazard area in any official maps published by the Federal Emergency Management Agency unless the development complies with the city's FEMA floodplain requirements. YES □ □ □ □ □ □ □ □ Demolition of Occupied/Affordable Unit. The project does not involve the demolition or alteration of housing for families of moderate, low or very low-income household or subject to any form of rent or price control, or housing that has been occupied by a tenant in the last three year.s.TY O _ 1...,1 I 1-Ci\:~~ .. :; i.3.l\ D NO □ □ □ □ □ □ □ □ Page 1 of 3 PLANNING D/ViS/01\I r::: Protected Habitat. The property does~ contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game. Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), is filll identified for conservation pursuant to the city's "Habitat Management Plan for Natural Communities in the City of Carlsbad" and, is not under a conservation easement. Percentage of Demolition. The proposed housing development does~ allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions: (A) If a local ordinance so allows. (B) The site has not .been occupied by a tenant in the last three years. Withdraw of Units from Rental Market. The property has not exercised owners' rights under Government Code §7060 to withdraw accommodations from rent or lease within 15 years. Historic Structure. The property is nQ! located within a historic district or property Included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance .. URBAN LOT SPLIT In addition to the questions above, applicants proposing an Urban Lot Split are instructed to answer the questions below. Applicants answering "YES" may be eligible for SB-.9 processing. If applying only for a Single lot Duplex, please respond "N/A" to the questions below. Applicable Government Code sections provided. Prior Split. Is this the first time the subject property will be subdivided under an SB-9 Urban Lot Split application? Neighbor Split. Are the properties immediately contiguous to the subject property (or adjacent if separated by a street) that is proposed for an SB-9 Urban Lot Split are independently owned (do not share ownership interests)? Required Lot.Sizes. The following questions pertain to the new parcels that will be created as a result of the Urban lot Split application. • Are only two new parcels of approximately equal lot size proposed? • Will none of the parcels be smaller than 40% of the original parcel size? • Will each parcel be at least 1,200 square feet in size? • Will each parcel have dedicated access to a public road of at least 20 feet in width? Owner Occupancy. Is the property owner willing to sign an ~ffldavit stating they will occupy one of the housing units as a primary residence for at least three years after splitting the property or the addition of units (exceptions provided for community land trusts and qualified nonprofit corporations)? (See Gov. Code§ 66411.7(g) for additional guidance.) : : • "l YES □ □ □ □ NO □ □ □ □ □ □ □ □ □ □ □ N/A □ □ □ □ □ □ □ Scanned with CamScanner SIGNATURES Under penalty of perjury the following declarations are made: 1. I hereby certify, that all statements contained in this application and any accompanying documents are true and correct, with full knowledge that all statements made In this appllcatlon are subject to Investigation and that any false or dishonest answer may be grounds for denial or subsequent revocation of the deemed complete status. 2. I understand this application is not a development application that authorizes an entitlement and Is strictly for the purposes of Senate Bill 9, the HOME Act of 2021. 3. I understand and agree that any report, study, map or other information submitted to the city in furtherance of this application will be treated by the city as a public record which may be reviewed by any person and if requested, that a copy will be provided by the city. 4. I understand that if this application cannot be submitted and deemed complete by staff at the submittal appointment. 5. If the applicant is not the Property Owner, both the Property Owner and Applicant must sign this affidavit. By signing this affidavit, the Property Owner authorizes the Applicant listed in this application to act as the Property Owner's agent on all matters in connection with this application. 6. I understand and agree to defend, indemnify, and hold harmless, the City of Carlsbad, its officers, agents, employees, and volunteers (collectively ·city"), from any and all legal actions, claims, or proceedings (including administrative or alternative dispute resolution and Public Records Act requests (collectively •actions•), arising out of any city process or approval prompted by this Action, either in whole or in part. Such actions include but are not limited to: actions to attack, set aside, void, or otherwise modify, an entitlement approval, environmental review, or subsequent permit decision; actions for personal or property damage; actions based on an allegation of an unlawful pattern and practice; inverse condemnation actions; and civil rights or an action based on the protected status of the petitioner or claimant under state or federal law (e.g. ADA or Unruh Act). I understand and agree to reimburse the city for any and all costs incurred in defense of such actions. This includes, but it not limited to, the payment of all costs (including litigation costs, administrative record preparation, public records act responses) and attorneys' fees, all judgments or awards, damages, and settlement costs. The Oty will promptly notify a subdivider of any claim, action, or proceeding arising out of any city process or approval prompted by this Action and that the local agency will cooperate fully in the defense. The Indemnity language In this paragraph Is Intended to be Interpreted to the broadest extent permitted by law and shall be in addition to anyother Indemnification language agreed to by the appllcant. The city requires original signatures below-the signatures do not need to be notarized. PROPERTY OWNER Name: Chris Yeomans Email: Add"'"' ~,CA92010 Phone, 760-720-1100 Signature: t--~..,-..;--'--~-. --·--·---Date: rJ~ -Z 8 -1.. J APPLICANT D Same as above Name: Peter Riechers -Riechers Engineering Email: Address: 572 Gateway Drive, Napa, CA 94558 Phone: CJtv staff only App. Vestlns Date: Staff Name: P-74_SB•9 Ellglblllty Ch~ll!!i. Revised 01/22 Staff sI1nature: Peter@RiechersEngineering.com 707-690-4425 08/16/2023 Date: P e 3 of 3 Scanned with CamScanner .,: :i .'.,,i . ' ~.i---------1 Ccicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) q'23-ootJC Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: PElc{L {Z.1 r;-c.u_ et1,! Name: CfHU ~ J C O b AN S Address: S-CA NO I°~ ~/.I Address: 4-~7B TUOL,ul'-7,vc; 'Pl, /,J It PA ~A 4 4-~ Phone Number: 707 .. t 9o-44-2-!"" Phone Number: '7 C, O ~ 7 2. t> - \ \ OD Address of Site: 4-3 '7 d J1J O l.. U th l,J e-f LA l <::: Local Agency (City and County): C.1 t 't O I: C. A 12-L-~ ~ A 0 Assessor's book, page, and parcel number: _ _,_! _b_"7_~ _S--_6_~_-_-z.._(, __________ _ Specify list(s): ___________________________ _ Regulatory Identification Number: _____________________ _ Date of List:, ____________________________ _ ~cantSignature/0 Prope The Hazardous Waste and Substances Sites List (Cortese List) is used by e,he'tState,, local agencies and developers to comply with the California Environmental Quality ~ct1req~ii-~nf~fs=,BJ\,'l in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 3/22 Per the California Environ'mental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous-waste and substances sites. Department of Toxic Substances Control www.caleoa.ca.gov/sitecleanuo/CorteseList/default.htm www.caleoa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/oublic EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board htto://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protecti.on Agency National Priorities Sites ("Superfund" or "CERCUS") www.eoa.gov/suoerfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.eoa.gov/suoerfund/sites/nol/npl. htm P-1(C) Page 2 of 2 Revised 02/13 r,1,;;., .(_Cicyof Carlsbad AUTHORIATION, CONSENT, AND DISCLOSURE STATEMENT , P-1(A) Development Services Planning Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov ;:1\1·i:~ii:>~(1'~At10N~-:AND ·A:c-~N·¢iW~:e~~~;E!M·~~Y:Jr{fp:~™1'ffr~i?:~;.::'._::)}:~j • • , • h ., ,. ., ~ • ~ ~ 0 • -• This submittal form (Part A through Part F) must be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until this information is completed. PART A. Owner Authorization and Consent NOTE: This Consent and Disclosure Form must list the name of the principal owners {10% or greater) and attach a copy of the current corporate articles, partnership agreement, or trust document, as applicable. Provide name(s) of the person(s) aµthorized to sign on behalf of the organization. (A separate page may be attached if necessary.) IF NO INDIVfDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NOT-APPLICABLE (N/A) IN THE SPACE BELOW. This is to certify under penalty of perjury that the undersigned is/are the record owner(s) of the property known as: Assessor's Map Book, Page and Parcel (APN/APNs): l t7-S-63 -2( ------------~------------------;and Street Address (if applicable): J,-3 71 · Id Pl I) fl ii r; 'tl. that I/we (full legal name of all record owners) consent to the filing of the Land Use Review Application on our property for processing by the City of Carlsbad Planning Division. I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information is true and correct. Name:. C~~'.~ s;gnatu,e,~ Name: __ :__ _________________ ~----- Signature:----------------------,----- Narne: _________________________ _ Signature: ________________________ _ (For additional names, please use a separate sheet of paper) CITY OF CARLSB,~.O AUG O 6 2024 PLANNING D~~i~~~~6 P-1(A) Form Reii 6/2023 IMPORTANT: A Grant Deed is required if the ownership does not match city records. Ownership on the deed must correspond exactly with the ownership listed. If the owner noted on the Grant Deed does not match the person signing as Property Owner, provide paperwork documenting the person signing is authorized to sign as a Property Owner. Whenever any excavation, fill, or other project-related improvement requires entry onto adjacent property for any reason, the Land Use Review Application shall include the written consent or legal easements or other property rights of the adjacent property owner or their authorized representative, and shall include such consent with the application package. The application will not be deemed complete unless and until all necessary consent documents are so filed. The consent shall be in a form acceptable to the City Planner. If the proposed improvements on the adjacent property change the J nature of the property's development rights (or implied bundle of rights), the city might require recbrdation of a Covenant and Agreement for Off.site Improvements arid Release of Liability as a condition of project approval. D.oes the project's limits of-disturbance encroach on property not owned by the Property Owner? □ Yes □ No If yes, attach adjacent owner authorization. PART B. Owner Declarations (to be signed by Property Owner) I/We hereby certify under penalty of perjury that I have read the information below and that: 1. I/We understand that it is the responsibility of the Applicant to substantiate the request through t.he requirements of the application. 2. I/We understand that if there is a zoning violation on the property, application review may be delayed. Any unpermitted structures or uses must either be removed or legalized at part of this application. 3. I/We understand that if this application is approved, I/we may be required to record a covenant with the County Recorder's Office, the form and content that is satisfactory to the City and its City Attorney, to notify future owners of the project approval and restrictions. 4. If this Land Use Review Application is approved or conditionally approved, I/we hereby certify that I/we will comply with all conditions attached to the approval action. I/We understand that the failure to comply with any conditions shall constitute grounds for the revocation or modification of the approval, permit, or other authorizations provided. 5. Prior to any use of the project site pursuant to the permit issued, all conditions of approval (if any) will be completed or i t manner as stated or required. Name(s): Cl.f /2-t S f G-t1 H/.f?r/ J D.ate:--- • t;po 2C -2/- Page 2 of 6 P-1(A) Form Rev 6/2023 PARTC. Project Team Information (complete all applicable fields) Applicant: ~ Same as Owner !if Different from Owner Name (if different from Owner): ---------------------~--- Company or Firm:-----------,------------------------ Contact Address: ------------------------------ City: ___________ State: ___________ Zip Code: _____ _ Agent or Representative: □ Same as Applicant ~ Different from Applicant ON/A Name (if different from Applicant): __ P-'--. ~'---. -'--'-----Jl_t_'F_C_t?C_aj----'--"-..,__ __________ _ Contact Address: _.......;_S--__ C-¢r.. __ "7</---=-()_,_P~. +'-----=l--'-------'~'-------,,-------------- City: Al lt,/1 ,t-State: -~-* __________ Zip Code: __ '1:__~_c.___· _ Other (specify Architect, Engineer, CEQA Consultant, etc.): ______________ _ Name:--------------------~------------ Company or Firm: _____________________________ _ Contact Address: ------------------------------ City: ___________ • State: ___________ Zip Code: _____ _ NOTE: A Letter of Authorization (LOA} from the Property Owner empowering a person or persons to act on the behalf of the Property, is required if anyone other than the Property Owner signs the Land Use Review Application as the Applicant or Agent. The authorized person {Applicant or Agent) on the LOA must correspond with the name and signature, above. PART D. Single "Point of Contact" Designation A single "point of contact" is an individual that handles all communications with the city and its review team for the purposes of sending and receh1ing application materials, information, reports, etc. The point of contact is to be the single individual elected on the Land Use Review Application form for all communications and to remain as the primary contact for all status updates relating to the Land Use Review Application. Single Point of Contact: □Applicant. □ Property Owner ~Agent □ Other ________ _ Page 3 of 6 P-1(A) Form Rev 6/2023 ' '. PART E. Contribution Disclosure Has the Property Owner, Applicant, or Agent ha_d more than $900 worth of business transacted with any member of city staff, !3oards, Commissions, Committees and/or Council within the past 12 months? □ Yes M No If yes, indicate person(s}: ___________________ _ NOTE: Attach additional sheets if.necessary. PART F. Applicant Declarations (to be signed by Applicant) I hereby certify under penalty of perjury that I have read the information below and that: 1. I have carefully re~iewed and prepared the application and plans in accordance with the instructions. 2. I understand that the specific information needed to initiate planning case processing corresponds to those items listed in the application form's ;'Minimum Submittc:11 Intake Requirements Checklist." I also understand that even if the application is duly filed and accepted for intake processing, each application submitted to the Planning Division is required to have specified information included in the application packet before it is determined to be complete. The specific information to determine completeness is in "Completeness Determination Requirements Che~klist." 3. The Planning Division has developed policies to help ensure that discretionary permit applications are timely processed. The Permit Streamlining Act shot clock starts on the intake date the Planning staff accepts a duly filed application. 4. I understand that ante an application is determined to be complete, project or design changes that will increase the number of units, add uses that were not previously listed, substantially change the site plan, or other changes that trigger the need for additional discretionary approvals will require a new application, or the filing of other application permit types, which would restart the review "clock" and extend processing timelines. 5. I understand that upon city review, additional information, documents, reports, entitlements and fees might be required, including any referral fees. I u~derstand that all fees and deposits submitted with this application will be refunded only as provided for by the ordinances, regulations, or policies in effect at the time of the application submittal. 6. I understand that it is my responsibility to ensure that statements are true, th_at discrepancies do not exist between the project's description on the application, the architectural plans and the structural plans. If discrepancies exist between the architectural plans and the structural plans, -the architectural plans shall take precedence. Ultimately, the scope of work, as described on the permit that authorizes construction, takes precedence over the plans. If there is a discrepancy between the plans and the description on the permit, the permit governs. Page 4 of 6 P-1(A) Fo~m Rev 6/2023 .l 7. I understand that all materials submitted in connection with this application might become . public record subject to inspection and copying by the public. I acknowledge and understand that the public might inspect and copy these materials and that some or all of the materials might be posted on the city website or elsewhere online, outside ofthe city's control. 8. I understand there are no assurances at any time, implicitly or otherwise, whether provided to me in writing or by oral communications regarding final staff recommendations to the decision- making body about this application or the determination of any decision-making body. 9. If the project is approved or conditionally approved, the approved plan set of project drawings, civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans shall not be altered without express authorization by the City Planner. Once a permit has been issued, the Applicant may requ~st permit modifications. "Minor" modifications might be granted if found by the City Planner to be in substantial conformity with the approved plan set, including all exhibits and permit conditions. Modifications beyond th.e scope described in the approved plan set might require submittal of an amendment to the permit and approval by the authorized review body. 10. Should any proponent of the project fail to file a timely and valid appeal of the permit within the applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of the issued permit or other approval. 11. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an approval of the application or related decision, including environmental documents, or to challenge a denial of the application or related decisions. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the city for all of the city's costs, attorneys' fees, arid damages that the city incurs in enforcing the indemnification provisions set forth herein. The Applicant shall pay to the city upon demand any amount owed to the city pursuant to the indemnification requirements prescribed. Page 5 of 6 P-1 (A) Form Rev 6/2023 By signing below, I hereby agree to defend, indemnify and hold harmless the city and I certify that the application I am submitting, including all additional required information, is complete and accurate to the best of my knowledge. I understand that any mJsstatement or omission of the requested information or of any information subsequently requested might be grounds for rejecting the application, deeming the application incomplete, denying the application, suspending or revoking a permit issued on the basis of these or subsequent representations, or for the seeking of such other and further r~lief a'. deemed b0 7J, ~ AppllcantS1gnature:--1&'--,,..,.~=--"---1~'-~-=---"--'------'"------~-------------- Name: e./ftuJ 7~17 A-»£ Date~ ?-2,-2.., This form must be stapled/attached to the application and shall be effective until replaced or revoked in writif!g. Page 6 of 6 P-1(A) Form Rev 6/2023 Ccityof Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov E-34 ' INS}R~Of[!ON§: ,.. ~ ~}.: .~ Alfi '. ' . f ,;(,j -~~~~~-~~---,--~~~--~ To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements, "PRIORITY DEVELOPMENT PROJECT (PDP) requirements or not considered a development project. This questionnaire will also determine if the project is subject to TRASH CAPTURE REQUIREMENTS. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines t_hat the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently ,•' 'if"'. ., :,J"'i};.; ~ , .• PROUECT 'INfORMA,'JilON.-" '., ,, ' "' ¢",:l; C~tt'J',i'f./i ,, ;::_ ,,, .. , •l~ Rf"; .. ,;: .,t ;j . -.... , .. ,.,._,. .,_, ., PROJECT NAME: Yeomans SB9Urban Lot Split APN: ADDRESS: 4378 Tuolumne Place 167,-563-26 The project is (check one): D New Development ~ Redevelopment The total proposed disturbed area is : 2000 ft2 ( .05 ) acres The total proposed newly created and/or replaced impervious area is: 2000 ft2 ( .05 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. This Box for City Use Only YES NO City Concurrence: □ □ E-34 Date: By: Page 1 of 4 Project ID: Cir YO AUG O 6 2024 PLANNING DIVISIOf\ REV 04/23 STEP 1 TO BE.CQMFLETED FOR ALL PRqJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? □ If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. ... • SJEP-2 • . TQ Bl; ALL DEVELOPM~NT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with US EPA Green Streets uidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ 181 □ 181 If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 04/23 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates andlor replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared food_s and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside develo ment ro·ect includes develo ment on an natural slo e that is twent -five ercent or reater. 5. Is your project a new or redevelopment project that creates andlor replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project site? A street, road, highway, freeway or driveway is any paved impervious surface used for the trans ortation of automobiles, trucks, motorc cles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the foffowing Standard Industrial Classification (SIC) codes: 5013, 5014, 5541 , 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the foffowing criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 1 O. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMG 21.203.040 YES NO □ □ 18'.l □ 181 □ rgJ □ IZJ □ IZJ □ IZJ □ IZJ □ IZJ □ IZJ □ IZJ If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, complete the trash capture question. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the trash capture question. • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies: areas designated as Areas of Spe~ial Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments): water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments): areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. E-34 Page 3 of 4 REV 04/23 ' -~ . . TS (PDP.) Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): 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. ft. Percent impervious area created or replaced (B/A)*100 = _____ % " YES NO □ □ 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, complete the trash capture question. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, complete the trash capture question. . ,, -""" . . N~PR~JE Complete the question below regarding your Project (SDRWQCB Order No. 2017-0077): YES NO Is the Project with in any of the following Priority Land Use (PLU) categories? R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General D !81 Commercial), L (Local Shopping Center), R (Regional Commercial), V-B (Village-Barrio), VC (Visitor Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or Public Trans ortation Station If you answered "yes", the 'PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the first box stating, "My project is subject to TRASH CAPTURE REQUIREMENTS ... " and the second or third box as determined in step 3. If 0 My project is subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE REQUIREMENTS of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP). 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36'' and incorporate low impact development strategies throughout my project. If my project is subject to TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Storm Water Quality Management Plan (TCSWQMP) per E-35A. [81 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) per E-35 template for submittal at time of application. Note: For projects that are close to meeting the PDP threshold , staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Peter Riechers Applicant Signature::P~ 7 E-34 Applicant Title: _E_n_g=-in_e_e_r _________ _ Page 4 of 4 REV04/23 ... C cityof Carlsbad STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project Name:MS 23-023-0006 Yeomans Project ID:MS 223-0006 DWG No. or Building Permit No.: Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov f "ii .... ,""~ --~. ,.. M"-' ,l't~ ,;::..;.; ~. ,...., ,._,,,:, ' ~ .-.. ,.._,~ • ...., f•;: . ,. , .B<!s.elJl,'le~BM~ toi;, E,si.~ting an~,,Rroposed Site 'Features .,.. '" '" . , Complete the Table 1 -Site Design Requirement to document existing and proposed site features and the BMPs to be implemented for them. All BMPs must be implemented where applicable and feasible. Applicability is generally assumed if a feature exists or is proposed. BMPs must be implemented for site design features where feasible. Leaving the box for a BMP unchecked means it will not be implemented (either partially or fully) either because it is inapplicable or infeasible. Explanations must be provided in the area below. The table provides specific instructions on when explanations are required. ,, -.t· -"' "'~."' , , Table 1. • Site ~D~!ilg~ Rf?qulrement "t"'·~,~---., ~ -,., ~ .., .: .,j: J'' ." A. Existing Natural Site Features (see Fact Sheet BL-1) 1. Check the boxes below for each existing feature on 1. Select the BMPs to be implemented for each identified feature. Explain the site. why any BMP not selected is infeasible in the area below. SD-G SD-H Conserve natural Provide buffers around waterbodies features □ Natural waterbodies □ u D Natural storage reservoirs & drainage corridors □ -- D Natural areas, soils, & vegetation (incl. trees) □ -- B. BMPs for Common Impervious Outdoor Site Features (see Fact Sheet BL-2) 1. Check the boxes below for each proposed feature. D Streets and roads □ Sidewalks & walkways □ Parking areas & lots ~ Driveways □ Patios, decks, & courtyards □ Hardcourt recreation areas E-36 2. Select the BMPs to be implemented for each proposed feature. If neither BMP SD-B nor SD-I is selected for a feature, explain why both BMPs are infeasible in the area below. SD-B Direct runoff to pervious areas □ □ □ [!I □ □ Page 1 of 4 SD-I Minimize size of Construct surfaces from impervious areas permeable materials □ □ u u LJ LJ I!] Check this box to confirm that all impervious areas on the site will be minimized where feasible. If this box is not checked, identify the surfaces that cannot be minimized in area below, and explain why it is CITY OF CARLSBAD AUG O 6 2024 PLANNING or I JN Revised 04/23 □ Other: ______ _ □ □ infeasible to do so. C. Iii BMPs for Rooftop Areas: Check this box if rooftop areas are proposed and select at least one BMP below. (see Fact Sheet BL-3) If no BMPs are selected, explain why they are infeasible in the area below. D5D-B Direct runoff to pervious areas D SD-C Install green roofs Iii SD-E Install rain barrels D. □ BMPs for Landscaped Areas: Check this box if landscaping is proposed and select the BMP below □ SD-K Sustainable Landscaping (see Fact Sheet BL-4) If SD-K is not selected, explain why it is infeasible in the area below. Provide discussion/justification for site design BMPs that will not be implemented (either partially or fully): e BMPs for Polll!tant-generating All development projects must complete Table 2 -Source Control Requirement to identify applicable requirements for documenting pollutant-generating sources/ features and source control BMPs. BMPs must be implemented for source control features where feasible . Leaving the box for a BMP unchecked means it will not be implemented (either partially or fully) either because it is inapplicable or infeasible. Explanations must be provided in the area below. The table provides specific instructions on when explanations are required. A. Management of Storm Water Discharges 1. Identify all proposed outdoor work areas below Iii Check here if none are proposed Iii Trash & Refu E-36 2. Which BMPs will be used to prevent materials from contacting rainfall or runoff? (See Fact Sheet BL-5) Select all feasible BMPs for each work area SC-A SC-B SC-C Overhead Separation Wind covering flows from protection adjacent areas Page 2 of 4 3. Where will runoff from the work area be routed? (See Fact Sheet BL-6) Select one or more option for each work area SC-0 SC-E Other Sanitary sewer Containment system Revised 04/23 .. D Loadinq & Unloadinq □ □ □ □ □ □ D Fuelinq □ □ □ □ □ □ D Maintenance & Repair □ □ □ □ □ □ D Vehicle & Equipment Cleaning □ □ □ □ □ □ D Other: □ □ □ □ □ □ B. Management of Storm Water Discharges (see Fact Sheet BL-7) Select one ootion for each feature below: • Storm drain inlets and catch basins ... lil are not proposed D will be labeled with stenciling or signage to discouraoe dumoino (SC-F) • Interior work surfaces, floor drains & Ii] are not proposed D will not discharge directly or indirectly to the MS4 sumps ... or receiving waters • Drain lines (e.g. air conditioning, boiler, Ii] are not proposed □ will not discharge directly or indirectly to the MS4 etc.) ... or receiving waters • Fire sprinkler test water ... Ii] are not proposed D will not discharge directly or indirectly to the MS4 or receivino waters Provide discussion/justification for source control BMPs that will not be implemented (either partially or fully): E-36 Page 3 of 4 Revised 04/23 ~itf c ."o -~~==Sl!l!!li 1 This E-36 Form is intended to comply with applicable requirements of the city's BMP Design Manual. I certify that it has been completed to the best of my ability and accurately reflects the project being proposed and the applicable BMPs proposed to minimize the potentially negative impacts of this project's land development activities on water quality. I understand and acknowledge that the review of this form by City staff is confined to a review and does not relieve me as the person in charge of overseeing the selection and design of storm water BMPs for this project, of my responsibilities for ro·ect desi n. Date: Print re arer name: E-36 Page 4 of 4 Revised 04/23 .. CLTA Guarantee Form No. 28 - ,FirstAm.er1can, Title-Condition of Title ISSUED BY First American Title Insurance Company Guarantee GUARANTEE NUMBER 5026900-7016865 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE. • FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES 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 • FIRST AMERICAN TITLE INSURANCE COMPANY By: _u)-----'--~-X-=c__f;_,?"'_ft~_ Kenneth D. DeGiorgio, President By: Lisa W. Comehl, Secretary By: Authorized Countersignature This jacket was created electronically and constitutes an original document © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of. use. All other uses prohibited. Reprinted under license or express permission from the California Land Title Association. (Form 5026900 (1-29-15) !Page 1 of 8 • CJTYoFc· ,, ✓l--..f<Lc•, ·, ... • ,)t,; .:._ :.) AUG O 6 2024 PLANNJN • G 0/V/0 10 w. N CLTA Guarantee Form No. 28 -Condition of Title (Rev. 6-5-14~ 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 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 the 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 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. (f) (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 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. "Land": 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": mortgage, 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. N9tice 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 Guarantee. 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 Prosecute. 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. !Form 5026900 (1-29-15) !Page 2 of 8 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 CLTA Guarantee Form No. 28 -Condition ofTitle (Rev. 6-5-14~ . GUARANTEE CONDITIONS (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 ofthe 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 Liability. 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. !Form 5026900 (1-29-15) !Page 3 of 8 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. CLTA Guarantee Form No. 28 -Condition of Title (Rev. 6-5-14» GUARANTEE CONDITIONS (Continued) 10. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right ofsubrogation 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 arb.itration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (''Rules'1, 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. Liability 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 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 officer or authorized signatory of the Company. !Form 5026900 (1-29-15) !Page 4 of 8 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 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 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 litigation 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 arid shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 5 First American Way, Santa Ana, California 92707. Phone: 888-632-1642 (claims.nic@firstam.com). CLTA Guarantee Form No. 28 -Condition ofTitle (Rev. 6-5-14j ~ ,AM ·e ,\-1 ., ... ~ , .. • ,·, ":'-.,. , ' CL TA Guarantee Form No. 28 - First .Ar,Jerican)Title Condition of Title ' ""r ?i#f, Schedule A File No.: 7016865 Guarantee No. 7016865 Date of Guarantee:July 21, 2023 at 7:30 A.M. 1. Name of Assured: Riechers Engineering ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5026900-7016865 Amount of Liability: $2,500.00 Fee: $400.00 2. The estate or interest in the Land which is covered by this Guarantee is: FEE 3. The Land referred to in this Guarantee is described as follows: Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 159 OF CARLSBAD TRACT NO. 84-35 UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11672, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 11, 1986. ' APN: 167-563-26-00 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: Christopher M. Yeomans and Peggy L. Yeomans, Trustees and their successors in Trust of The Yeomans Family Trust Dated December 21, 2006, Subject to Exception No. 5 and 8 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. form 5026900 (1-29-15) !Page 5 of 8 CLTA Guarantee Form No. 28 -Condition of Title (Rev. 6-5-141 CL TA Guarantee Form No. 28 - First American-Title Condition of Title ISSUED BY First American Title Insurance Company Schedule B GUARANTEE NUMBER 5026900-7016865 File No.: 7016865 1. General and special taxes and assessments for the fiscal year 2023-2024, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Covenants, conditions, restrictions and easements in the document recorded NOVEMBER OS, 1987 as INSTRUMENT NO. 87-624017 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction, if any, indicating a preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, handicap, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, to the extent that such covenants, conditions or restrictions violate applicable state or federal laws. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded JANUARY 29, 1988 as INSTRUMENT NO. 88- 44735 of Official Records. 4. Covenants, conditions, restrictions and easements in the document recorded DECEMBER 29, 1987 as INSTRUMENT NO. 87-710932 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction, if any, indicating a preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, handicap, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, to the extent that such covenants, conditions or restrictions violate applicable state or federal laws. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 5. -The effect of a document entitled "AFFIDAVIT OF CHANGE OF TRUSTEE", recorded DECEMBER 14, 2015 as INSTRUMENT NO. 15-636391 of Official Records. 6. The terms and provisions contained in the document entitled "NOTICE OF AN INDEPENDENT SOLAR ENERGY PRODUCER CONTRACT' recorded JANUARY 19, 2016 as INSTRUMENT NO. 16-21444 OF OFFICIAL RECORDS. !Form 5026900 ( 1-29-15) !Page 6 of 8 CLTA Guarantee Form No. 28 -Condition of Title (Rev. 6-5-14~ 7. The Solar Energy System, if any, located oil the Land being owned by an Independent Solar Energy Producer. 8. The effect of a deed dated JUNE 15, 2023, executed by CHRISTOPHER M. YEOMANS, SUCCESSOR TRUSTEE OF THE YEOMANS FAMILY TRUST DATED 12/21/2006 to CHRISTOPHER M. YEOMANS, AN UNMARRIED MAN, recorded JULY 05, 2023 as INSTRUMENT NO. 23-174184 OF OFFICIAL RECORDS. --, 9. A deed of trust to secure an original indebtedness of $2,875,500.00 recorded JULY 05, 2023 as INSTRUMENT NO. 23-174185 OF OFFICIAL RECORDS. Dated: JUNE 15, 2023 Trustor: CHRISTOPHER M. YEOMANS, AN UNMARRIED MAN Trustee: CHICAGO TITLE INSURANCE COMPANY Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. LENDER: NATIONWIDE EQUIDES CORPORATION IS ORGANIZED AND EXISTING UNDER THE LAWS OF NEW YORK j !Form 5026900 (1-29-15) !Page 7 of 8 CLTA Guarantee Form No. 28 -Condition of Title (Rev. 6-5-14~ FirstAmerican TitleTM Illegal Restrictive Covenants First American Title Company 2230 East Bidwell Street, Suite 100 Folsom, CA 95630 Please be advised that any provision contained in this document, or in a document that is attached, linked, or referenced in this document, that under applicable law illegally discriminates against a class of individuals based upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or any other legally protected class, is illegal and unenforceable by law. !Form 5026900 (1-29-15) !Page 8 of 8 CLTA Guarantee Form No. 28 -Condition of Title (Rev. 6-5-14~