HomeMy WebLinkAboutSDP 92-07; SHULTZ/LESLIE ADDITION; Site Development Plan (SDP)• •
D 2. One (1) copy of 8 1/2" x 11" reduced site plan and building elevations.
. ~-One (1) copy of 8 1/2" x 11" location map (suggested scale 200" -vicinity maps on the
'----/ site plan are not acceptable).
~ /4. Environmental Impact Assessment Form (Separate Fee Required).
~S. Public Facility Agreement: Two (2) copies: One (!) notarized original and one (!)
V j reproduced copy. (Separate fee required).
~ 6. Disclosure Statement.
7. Property Owners' List and Addressed Labels
NOTE: WHEN THE APPLICATION IS TENTATNELY SCHEDULED TO BE HEARD BY THE
DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT
AND ADVISE HIM TO SUBMIT THE RADIUS MAP, lWO SETS OF nm PROPER1Y
OWNERS UST, LABEI.S AND POSTAGE. nm APPLICANT SHAU BE REQUIRED TO SIGN
A STATEMENT CERTIFYING TIIAT nm INFORMATION PROVIDED REPRESENTS nm
IATESTEQUAUZED ASSESSMENT ROU.S FROM nm SAN DIEGO COUN1Y ASSESSOR'S
OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS
RECENED.
-A typewritten list of names and addresses of all property owners within a 600 foot
radius of subject property (including the applicant and/or owner). The list shall include
the San Diego County Assessor's parcel number from the latest assessment rolls.
-Two (2) separate sets of mailing labels of the property owners within a 600 foot radius
of subject property. For any address other than single family residence, apartment or
suite number must be included. DO NOT TYPE ASSESSOR'S PARCE~ NUMBER ON
LABELS. Applicant must submit separate check to cover cost of postage.
8. 600 Foot Radius Map
A map to scale not less than 1" = 200' showing each lot within 600 feet of the
exterior boundaries of the subject property. Each of these lots shall be consecutively
numbered and correspond with the property owner's list. The scale of the map may
be reduced to a scale acceptable to the Planning Director if the required scale is
impractical.
d 9. Three (3) copies of the Preliminary Title Report (current within the last six [6]
months).
FRMOOOl 12/91 Page 4 of 7
• -
D 17. Ten (10) copies of the building elevations and floor plans on a 24" x 36" sheets(s) folded
to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations and floor plans shall
be submitted by the applicant upon request of the project planner prior to project
approval. Each building elevation and floor plan shall include the following information:
D a. Floor plans with square footage included.
D b. Location and size of storage areas.
D c. All buildings, structures, walls and/or fences, signs and exterior lights.
D d. Include a scale on all floor plans and building elevations.
D e. Indicate on all building elevations, compliance with Carlsbad Height Ordinance
21.04.065.
D 18. For Master Plan and Specific Plans Only
a. It is strongly recommended that the applicant meet with staff before submitting text
and maps for a master plan or specific plan.
b. After staff and the applicant have worked out the details of the specific plan or
master plan a minimum of 20 bound copies of the master plan will be required prior
to scheduling the project for a public hearing
c. Generally the following information must be included in a Master Plan or Specific
Plan document:
1. Introduction.
2. Environmental Constraints.
3. Land Use and Development Standards.
4. Open Space.
5. Public Facilities and Phasing.
6. Signage •
~hotographs of the property taken from the north, south, east and west
~Construction materials board and color samples (i.e., roofing, exterior walls, textured
pavement, glass, wood etc.)
D 21. Roof plans showing location of roof apertanances and mechanical equipment.
~ompleted "Project Description/Explanation" sheet. -~ Signed "Notice of Time Limits on Discretionary Applications".
FRMOOOl 12/91 Page 7 of 7
• •
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of Cit'/ staff, Boards,
Commissions, Committees and Council within the past twelve months?
Yes _ No _ If yes, please indicate person(s) __________________ _
Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal .organization, corporation, estate, trust, receive ,
syndicate, this and any 0th.er county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as
unit.'
(NOTE: Attach additional pages as necessary.)
Signature of Owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
FRM0001 4/91
•
PARKING -OVERRANG
•
POLICY NO. 20
EFFECTIVE DATE:
PLANNING DEPARTMENT
ADMINISTRATIVE POLICY
9/5/89
Administrative Policy No. 11 made the standard prov1s1on for non-compact car
spaces to have a minimal paved area of 8-1/2' x 17-1/2' with 2-1/2' overhang into
adjacent landscaped area. The widespread application of this policy has led to
a general deterioration of landscaped setback areas in most projects. As a
result, the following policy shall be applied:
1. No parking overhang will be allowed into any required setback area.
2. Parking overhang will be allowed only in special, specific situations as
reviewed and approved by the Planning Director on a case by case basis.
3. In no case shall parking overhang be allowed for compact car spaces.
4. This Administrative Policy repeals Administrative Policy No. 11.
APPROVED BY:
!l;v • '_ oa
MICHAEL J. HO ZMILL
Planning Director
MJH: ENM/1 h
•
PLANNING DEPARTMENT
ADMINISTRATIVE POLICY
renccs
• Poli<..)' No. _IL
EITcctivc Date 3 I 1 2 f 9 0
DEFINITIONS
I.
s.
FL·r1cc -.-\ ,crtical barrier or enclosure constructed of any material which supports
no other load other than its O'-" n weight.
W,111 - A solid fence.
Rdaining Wall - A wall Jesigned lo resist the lateral displacement of soil or other
materials; said materials being substantia.lly equal to the height of the wall. The term
"""all" in Section 21A<l.!30 of the Zone Code and other applicable sections of the
coJe shall be interpreted to mean retaining walls in addition to solid fences.
S,11"ctv Railing -An open fence not to exceed 36" in height. The said openings.
bcl\H.:en thl.! materials of ""hich the fence is constructed must not represent less than
70 percent of the total surface of each five foot linear section when viewed
perpendicular to the face of the fence.
The total height of all walls. fences, retaining walls, and combination fence/retaining
walls in a required setback shall not exceed the following limits:
A. In a required front yard setback. the total height shall not exceed 42 inches.
( Example -Two 42 inch retaining walls would not be permitted nor a 42 inch
retaining wall and another 42 inch fence).
B: In a required siJc and rear yard setback, the total height shall not exceed
6 feet, ( Example - A 4 ft. retaining wall and a 5 ft. fence would not be
permitted because the total cxceeJs 6 ft).
C. Upon approval of the Planning Director, the total height shall not exceed
6 feet in a required street side yard. Otherwise, the total height shall not
exceed 42 inches in a street side yard. (This includes all combinations of
fences and retaining walls).
D. A 36 inch safety railing is required on top of all retaining walls that exceed
a height of 3 feel. The maximum height of the railing shall be 36 inches and
must conform lo the definition of a safety railing.
APPROVED BY:
~~-
Planning Director
JG:af
l.
SCHEDULE "A" •
ORDER NO. 127065-6
PAGE NO. 2
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
1 S:
TO BE DETERMINED IF APPLICABLE.
THE ESTATE OR JN'T'P.REST TN THF. LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY nus REPORT IS:
A Fee ronaominium as defined in Section 783 of the California
Civil Code.
TITLE TO SAID ESTATE OR IHTEREST AT THE DATE HEREOF IS VESTED IN:
F.J\RfJ H. SHUT,'T'Z AND KAREN L. SHULTZ, CO-'T'RUSTEES U/D/T DATED
JUNE 20, 1974 OF EARL H. SHULTZ AND KAREN L. SHULTZ
'I'HE [,AND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALlFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
SEE ATTACHED DESCRIPTION
DESCRIPTION
A CONDOMINIUM COMPRISED OF:
PARCEL A:
•
ORDER NO.: 127065-6
PAGE NO.: 3
An 11ndivided 40% interest jn and to Parcel 1 of Parcel Map No.
14585, in the City of Carlsbad, County of San Diego, State of
California, filed in the office of the County Recorder of San
Diego Cou11ty December 12, 1986 as File No. 86-583859.
Excepting Therefrom any portion thereof heretofore lying below
said ordinary high tide of the waters of the Pacific Ocean.
Also Excepting the following:
1) J,jving Units 1 and 2, shown upon that certain Condominium
Plan recorded in the office of the County Recorder on December
24, 1986 as File No. 86-609892 of Official Records.
2) Tl1e riqht to possession of all those areas designated as
exclt1sive use areas shown upon the Condominium Plan referred to
above.
PARCEL B:
Living Unit 2 as shown upon the Condominium Plan referred to
above.
PARCEL C:
The exclusive right to use, possession and occupancy of those
portions of Parcel 1 of Parcel Map No. 14585, described above,
being Deck, Patio, Balcony, Garage, Storage Area and Reserved
Parking, designated as Exclusive Use Areas on the Condominium
Plan referred to above, which bear the same number as the Living
Unit described in Parcel B above, which right is appurtenant to
Parcels A and B above described.
• Order No. 127065-6
Page No.: 4
SCHEDULE B
AT TflF. f\7\'T'E HRRF.!OF', EX(:EPTTONS TO COVERAGE IN ADDITION TO THE
P.XC'!i!P'l' IONS AND EXCLUSlONS lN SAlD PULlCY FORM WOULD BE AS
FOLLOWS:
1. rroperty taxeR, jncludtng any assess~ents coJ.lected with
taxes, to be Jevied for the fiscal year 1992-1993 which is a
lien not yet payable.
2. 'T'he I ,i en of S11ppl ementa] taxes, j f any, assessed pursuant to
the pr·ovislons of Sectlon 75, et. seq. of the Revenue and
Taxation Code of the State of California.
3. Any adverse claim of based upon the assertion that some por-
t I on of said land is Li.de or submerged lands, or has been
created by artificial means or has accreted to such portion
so created.
4. Any rights in favor of the public which may exist on said land
if said land or portions thereof are or were at any time used
by the public.
5. EAsements for, but not necessarily limited to, ingress,
egress, pipelines, drainage or public utilities and inciden-
tAL purposes thereto, as disclosed by various instruments of
record, affecting parcel(s) 1.
6. Covenants, Conditions and Restrictions (deleting therefrom
any rest r j_ctj ans based on race, color or creed) as set forth
in the document
Recorded
File No.
March 6, 1948
23446 of Official Records
SAi~ covenants, conditions and restrictjons provide that a
violation thereof shall not defeat the lien of any mortgage
or Deed of Trust made in good faith and for value.
7. A Record of Survey Map purporting to show various boundaries
and dimensions of said land.
Map No. 2266
8. A Covenant and Agreement re: Payment of a Public Facilities
F'ee
Executed by:
Recorded:
File No.:
EARL H. SCHULTZ AND KAREN L.
SCHULTZ
October 28, 1983
83-390611 of Official Records
llpon and subject to the terms, covenants and provisions contained
therein.
SCHEDULE B CONTINUED:
ORDER NO.: 127065-6
PAGE NO. 5
9. An Trrevocahle Offer to Dedicate Real Property recorded
~Trrnuar.y 17, 1984 as File No. 84-018681 of Official Records,
wherej_n a portion of said land was offered for dedication to
public use for Public Access and Passive Recreational Use
purposes.
Affects: The exact location of said
easement is not disclosed of
record.
10. A Covenant and Agreement "with the California Coastal
Commission"
Executed by:
Recorded:
File No. :
EARL H. S. HOLTZ AND KAREN L.
SHUl,TZ CO-TRUS'fEES U/D/T DATED
June 20, 1974
January 17, 1984
84-018681 of Official Records
IJpon and subject to the terms, covenants and provisions contained
therein.
Reference is made to said document for full particulars.
11. Covennnts, Condjtions and Restrictions (deleting therefrom
any .restrictions based on-race, color or creed) as set forth
in the document
Rerorcled
File No.
January 17, 1984
84-018682 of Official Records
Reference is made to said document for full particulars.
Said document recites in part as follows:
"Owner agrees not to do any future construction without
obtaining Coastal Commission approval.
Should the concrete seawall/rock riprap as approved
urn]er the terms of coastal development permit 6-83-184 fail
to adquately protect the residences during high tides and
storm wave conditions, subsequent approval by the California
Coastal Commission shall be obtained for any further per-
manent shoreline protective works. Further shoreline protec-
tion shall be in the form of a concrete seawall, in line
with the existing seawalls to the North and South, and
des.ignated by an engineer know.J.edgeable in shoreline
processes. The concrete seawall/rock riprap shall be deemed
to have failed to adquately protect the residences if the
IJP.tght of the concrete seawall/rock riprap needs to be
Jncr.eased or the toe extended farther seaward in order to
protect the residence beyond that shown on the plane approved
by the California Coastal Commission for permit 6-83-184.
-• SCHEDULE B CONTINUED:
ORDER NO.: 127065-6
PAGE NO. 6
12. rnvenants, Conditions and Restrictions (deleting therefrom
nny res tr: ic t ions based on race, color or creed) as set forth
in lhe document
HAe:o rned
Flle No.
J a mrn ry 1 7 , 198 4
84-018684 of Official Records
Reference is made to said document for full particulars.
Said document recites in part as follows:
"(a) That applicants understand that the site may be subject to
extraordinary hazard from waves during storms and from ero-
sion, and the applicants assume the liability from those
hazards:
( b) Tile appU.cants uncond i. ti onalJ.y waive any claim of liabi-
1 I. ~-Y on the part of the Commission or any other regula-
tory agency for any damage from such hazards, as a
consequence of approval of the project: and
(c) The applicant underst~nd that construction in the face of
these known bazards may make them ineligible for public disaster
funds of :Loans for repair, replacement, or rehabilitation of the
property in the event of storms."
13. rovenants, Conditions and Restrictions (deleting therefrom
any restrlctions based on race, color or creed) as set forth
iu the document
RPcorded
F.lle No.
April 2, 1985
85-111768 of Official Records
Reference is made to said document for full particulars.
14. The matters set forth ln the document shown below which,
among other things, contains or provide for: certain ease-
ments; liens and the subordination thereof; provisions
relating to partition; restrictions on severability of com-
ponent parts and Covenants, Conditions and Restrictions.
R.Pcorded: December 24, 1986
File No.: 86-609893 of Official Records
The above mentioned Covenants, Conditions and Restrictions
provide that the lien of the assessment provided for therein
js subordinate to the lien of any first mortgage upon any
condominium.
• SCHEDULE B CONTINUED:
ORDER NO.: 127065-6
PAGE NO. 7
15 .. If ti.tle is to be Jnsured .in the trustee(s) of a trust, (or
.if their act is to be Jnsured), this Company w.ill require a
copy of the trust instrument creating such trust, and all
arm=:inclrnents thereto, together with a V!ri tten verification by
all present trustees that the copy is a true and correct copy
of the trust, as it may have been amended, that it is in full
fnr.r::e and effect and that it has not been revoked or ter-
mlnated.
16. MAt.ters whJch may be disclosed by an inspection of said land
or by inquiry of the parties in possession thereof.
An inspection of said J.and has been ordered; upon its comple-
tion, we will advise you of our findings.
17. MAl·ters of recora whir::h do not speclfically describe said
land, but which, if any do exist, may affect the title or
impose liens or encumbrances thereon. The name search
necessary to determine the existence of such matters has not
l1een macJe because no Statement of Identity has been received
from:
BUYER WHEN KNOWN
'l'AX INFORMATION:
r·I :=;cal Year:
Code Area:
PAt eel No.:
1,;md:
Jrnprovements:
First lnstalLment:
SEcond Installment:
* * * * * *
1991-1992
09000
203-251-09-02
$55,203.00
$ 3 3 I 7 0 9 ·• 0 0
$482,09 PAID
$482.09 PAID
• SCHEDULE B CONTINUED:
ORDER NO.: 127065-6
PAGE NO. 8
NOTICE
RPF'ECTfVE JANUARY l, 1990, ASSEMBLY BILL 512, ENACTED AS CHAPTER 598,
JIAS ADDED SECTlON 12413.1 TO THE CALIFORNIA INSURANCE CODE DEALING
WJ.TH THE "GOOD FUNDS" ISSUE. FUNDS DEPOSITED BY:
: Cl\Sfl l\ND BY ET,EC'T'RONIC TRANSFER ( "WIRED FUNDS") WILL BE AVAILABLE FOR
SAME DAY DlSBURSEMENT.
: Cl\Slf I ER'S CHF.f'KS, CE:RTTFJED C:I·IECKS, AND TELLER'S CHECKS WILL BE
AVAlLABLE FOR NEX'r DAY DlSBURSEMENT.
: Af,f", O'T'HF!R 'T'YPES OF CHECKS wn,r, NOT BE: AVATLAB[,E FOR DISBURSEMENT
UN'l'J I:, THE DAY PROVIDED IN REGULATION CC ADOPTED BY THE FEDERAL RESERVE
BOARD OF GOVERNORS.
: A DRl\.F'T Wl frf, NO'T' BE AVAJt,ABf,E FOR DISBURSEMENT UNTIL THE DRAFT HAS
BEEN SUBMlTTED FOR COLLECTION AND PAYMENT RECEIVED BY OUR BANK.
l:r_y~~U ANTICIPATE HAVING FUND~ WIRED TO FOUNDERS TITLE COMPANY, OUR
WlRlNG INFORMATION lS AS FOLLOWS:
WELLS FARGO BANK
420 MONTGOMERY STREET
SAN FRANCISCO, CA. 94163
ABA NUMBER 121000248
CREDIT TO FOUNDERS TITLE TRUST ACCOUNT NO. 4652053687
Wflfi!N TM8'T'THJC'I'TNG 'T'HE FTNANCTl\r, TNS'T'J'T'U'J'TON '110 WTRE FUNDS, IT IS VERY
IMPORTANT THAT YOU REFERENCE FOUNDER'S TITLE ORDER NUMBER.
SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD PLEASE CONTACT YOUR TITLE
OFFlCER IMMEDIATELY.
SCHEDULE 1 • CA1.IFORNIA I.AND TITI.E ASSOCIATION
STANDARD COVERAGE POI.ICY -1990
fhe following mdtters are expressly excluded from the coverage of this policy .ind the Company will not p..iy loss or d..1111J~e. , ""
.ittorneys' fees or expenses which arise by reason of:
CJ) .·\ny I..iw. ordinance or·governmental regulation (including but not limited to building or zoning lJws, ordinJn< e-,, ()r r,,~ul<1t1ur·
rt":,lnctrnt\, rp~ulating, prohibiting or relating to (i) the ou.upancy, u,e, or enjoyment of the land; (ii) the chdrauer. d1mt'n,1u
ur lot atIurI of any improvement now ur hereafter erected on the land; (iii) a separation in owner,:,h1p or a chJnge ;,1 the d1nlt'11,:,1un,
ur Jrea ot the l<1nd or Jn,-pMrel of which the land is ur wJs a pdrt; or (iv> environmentdl µrot et tion, or the et tel t of .iny \ 1u!<1t1,
of these IJws, ordinJnu~s or governmental regulations, except to the extent that J notice of enforcement thereot or J ,;olll e ur
defect, lien or encurniJrJnt.e re,ulting from a v1ulJtion or Jlleged violation JtfeLling the land ha, been recorded 111 the publr< rel <Jr•
Jt Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to t_he extent that a notice of the exer< ise thereof or a noti< e
a defeLI, lien or encumbrance resulting from a violation or alleged 1iolation affecting the land has been recorded in the puu
rt->cords at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but 11
excluding from coverage any tJking which has occurred prior to Date of Policy which would be binding on the rights of d purchJser t
vJlue without knowledge.
J. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or ,1greed to by the in,ur,
claim,rnt;
(b) not known to the Comµany, not recorded in the public records at Date of Policy, but known to the insured < l,1in1Jnt Jnd n
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became .in 111,:,ureu under ti
policy.
(c) resulting in no loss or damage to the insured claimant;
(d) allaching or created subsequent to DJte of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage
for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or t:
inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the -,tale in whi,
the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
the insured mortgage and i., based upon usury or any consumer credit protection or truth in lending law,
b. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transadi<
creating the interest of the ir:!">ured lender, b; reas.~:>n of the operation of federal bankruptcy, state insolvency or similar credito
rights laws.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessmer
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclo
and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water righ
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public recorl
AMERICAN I.AND llnE ASSOCIATION OWNER'S POLIC..-Y FORM B -1970 (AMENDED 10-17-70)
:::r"; • SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulatir
or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement nc
or hereafter erected on the land, or prohibiting a separation in ownerships or a reduction in the dimensions of area of the land, or ti
effect of any violation of any such law, ordinance or governmental regulation.
l. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the pub
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimar
(b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or dt ti
the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured •!aima
to the Company prior to the date such insured claimant became ,:in insured ~ereunder; (c) resulting in no loss or damage to the 111surt
claimant; (d) attaching or created subsequent to Date of Policy; or (el resulting in loss or damage which would not have been ~ustamt
if the insured claimant had paid value for the estate or interest insured by this policy.
FTG 3157-F (Rev 04-06-90)
SO I1:DULE 1 (Continued)
AMERICAN lAND TllU ASSOCIATION LOAN POI.ICY -1970 (Rev. 4-6-90) wm I A.LT A ENDORSEMENT rORM 1 COVl:RAGE
SCHEDULE Or EXCLUSIONS rROM COVERAGE
I he following matters are expressly excluded from the cover.;ge of this µoliLy:
3.
).
·\n} I..iw. ordindnce or governmental regulation (including but not limited to building dnd zoning ordin.;nu•,) re,triuing ur rt"l\Ul..1ti,
, ,r proh1b1ting the OLCupancy. use or enjoyment of land, or n:•guldling the< haracter, dimensions or locdtion ,if dny Improvt"ment now
heredfter l:'reued un the land, or prohibiting a sepdrdlion in owner,hip or a reduction in the dimensions or JrL..:. uf the l,rnd, or ti
erfe1 t of dny 1,iol..1tion of ..1ny such IJw, ordindnce or governmental regul..1tion. •
Rights of emlllent dom..1in or governmental rights of police power unle,, notice of the exercise of ,uch right, ..1ppt·..1r, i11 tlw pub,
records at Date of Policy.
Defects, liens, encumbrances, Jdverse claims, or other matters (al uedted, suffered, assumed or agreed to by the in,Lirt>d cld1m..1r
(b) not known tu the Company dnd not shown by the public records but. known to the insured clcJ.imant either ..11 D..1te of Policy ur
the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage .;nd not disclosed
writing by the tnsured claimant to the Company prior to the date such 111sured claimant became an insured hereunder; (c) resulting
no loss or damage to the insured claimant; (d} attaching or created subsequent to Del.le of Policy (except to the extent in,uran, e
afforded herein as to any statutory lien for lcJ.bor or material or to the extent insurance is afforded herein dS to d,,e,sments t
street improvements under construction or et,mpleted at Date of Policy).
Unenforcedbility of the lien of the insured mortgage because of fcJ.ilure of the insured at Date of Policy or of Jny ,ubseljuent own
of the indebtedness to comply with appllcable "doing business laws" of the state in which the land is ,itu..1ted.
Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of tf
operation of federdl bankruptcy, stcJ.te insolvency, or similar creditors' rights laws.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -(4-6-90) WITII A.L.TA. ENDORSEMENT
FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
·r he following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cos:
dltorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances.
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the ldnd; (ii) the ch..irJ<..tt
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in tr
dimensions or area of tht! land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
violation of these laws, ordinances or governmei.tal regulations, except to the extent that a notice of the enforcement thereof or
notice of a defect, lien or encumbrance rPsulting from a violation or alleged violation affecting the land has been recorded in t~
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise therof or a not it e
a defect, lien or encumbrance resulting from a violation or alleged violation Jffecting the land has been recorded in the puul
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but n
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchas
for value without knowledge.
J. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclost
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this puli,
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of t~
insured mortgage a.er any statutory lien for services, labor or material or the extent insurance is Jfforded herein JS 1
assessments for street-improvements under construction or completed di date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgag
.... ,;:1.r---+. ,
4. Unenforceability of the .._, of the insured mortgage because of the inability or failure of the insured at Date of Policy, or tr
inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business laws" of the state in whi(
the land is situated.
5. Invalidity or unenfor.ceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidence
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or claim of priority of any statutory lien for services, I.ibor or materia
over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commence
subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgag
which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of tf-
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
HG 3157-G (Kev 4-6-'JO)
--
SCHEDULE 1 (Continued)
M-\ERICAN LAND nnE ASSOCIATION
RESIDENTIAL nnE INSURANCE POLICY -1979
EXCLUSIONS
In ,.lddition lo the ex<.eptions Iii ~chedule 8, you Jre not insured against loss, <.Osts, attorneys' fees and expenses re~ulting trom:
I. Cu,ernmenldl police power, ,md the existence or violation ut any law or government regulation. fhis tn<.ludes huilding Jnd Lo1111
ordinances Jnd also laws and regulations concerning:
land u~e
improvements on the l,rnc.J
!,ind division
environmental protection
This exclusion does not limit the zoning coverage desuibed in 1rems 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date -unless they appeared in the public records.
that result in no loss to you
that first affect your title aher the Policy Date -this does not limit the labor and material lien coverage in Item 8 uf Cover,
Title Risks.
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the Mea specifically described and referred to in Item 3 of Schedule A
or
in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inqui
of parties in possession of the land. •
2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of covert
Title Risks.
3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this dues not limit It
affirmative coverage in Item 12 of Covered Title R.isks.
4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptior
in patents or in acts authorizing the issuance thereof.
FfG 3157-1 I (Rev 4-6-90)
I -. : ...., • .. TIIE SOUTllE/\STERLY 50 FEET OF TIIE Rf.AL PROPER1Y -"-'Tllti.TED IN THE
• ,. CITY Of CMtLS8Af), .• HE courny OF Sl\!'i DIEGO. ~ .f CALifOP.tlIA
IJESSCIUHED AS FOL!AU,1.::,: . •
THAT PORTION OF· llIE TCJJN OF CAH.LSBAD. IN THE COU~JTY OF SAfl DIEGO ..
STATE OF C/\LIFORtHA. ACCORDING TO t1AP THEREOF NO. 365. FILEO
IN THE OFFICE OF THE COUNTY RECORDER Of SAN DIEGO COUtnY
FEBRUARY 2, 1887 AND THAT PORTION Of OCE/\N STREET AS SHO',lN ON
SAID MAP> AS CLOSED TO PUBLIC USE. DESCRIBED AS FOLL0'.-1S:
BEGXNN.ING AT A POINT AT THE SOUTHWESTERLY LINE OF STATE HIGHWAY
DIVISION VII, ROUTE 2 ... SECIOTN nB" > SHEET 18,. APPROVED OCTOBER •
17, 1912, AS PER·NAP ON FILE IN THE OFFICE OF THE COUNIY SURVEYOR
OF SAN DIEGO COUNTY• DISTANT THEREALONG SOUTH 30r,56'20" EAST
300.60 FEET FRCH A POINT IN-THE sotrrm~ESTERLY' PROLONGATION OF THE
NORTHWESTERLY LINE OF BLOCK ·11• OF SAID TO.-lN OF CARLSBAD. DISTA!lT THEREON
SOUTH 55°27 • WEST '•5.09 FEET FRCJ.1 THE NORTimESTERLY CORNER OF SAID
BLOCK ll~; THENCE ALONG SAID SOUTHWESTERLY LINE OF STATE HIGHWAY SOUTH
30°56 '20" EAST 100. 20 FEET TO AN INTERSECTION WITH THE SOlffllllESTERLY
PROLONGATION OF THE SOITTHEASTERLY LINE OF SAID BLOCK ll1; THEi'!CE
SOUTH 55°27 1 WEST TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN;
THENCE NORTHERLY AT:ONG SAID MEAN HIGH TIDE LINE TO A. LINE 1-ffilCH BEARS
SOUTH 55 .. 27 1 WEST FROi:-1 THE POI~T OF BEGINNING; THENCE NORTH 55°27'
EAST TO THE POINT OF BEGINNING.
EXCEPTING .THEREFROri THAT PORTION. IF ANY• LYING BE11-1EE;N THE
WESTERLY LINE OF STATE-HIGHWAY• DIVISION VI I, ROlITE 2 ~ SECTION
"Bn. SHEET 18, APPROVED OCTOBER 17, 1912 AND THE WESTERLY LUJE ·oF
OCEAN STREET AS SHOWN ON SAID MAP NO. 365.. ,
ALSO: EXCEPTING FRCT1 SAlD ABOVE DESCRIBED PROPERTY AN'l PORTION
THEREOF HERETOFORE LYING BELOW SAID ORDINARY HIGH TIDE OF THE 'HATERS
OF THE PACIFIC OCEAN ..
THE NORTHWESTERLY 20 FEET Of '.THAT PORTION OF CARLSBAD. IN THE
COUNTY bF SAN DIEGO. STATE OF CALIFORNIA,. ACCORDING TO .HAP THEREOF
365, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY
FEBRUARY 2, 1887, BOUNDED ON THE NORTHWEST BY THE SOUTHWESTERLY
EXTENSION OF THE SOlITHEASTERL Y. LINE OF BLOCK }Ip Of SAID CARLSBAD;
ON THE SOUTHEAST BY THE SOlJTHWESETERLY EXTENSION OF THE NORTHWESTERLY
L XNE OF BLOCK 19 OF SAID CARLSBAD ON THE SOUTHWEST BY THE LINE
01-· ORDINARY HIGH TIDE OF THE WATERS OP THE PACIFIC OCE/\N; ON THE
NORTHEAST BY THE SOUTHWESTERLY LINE OF OCEAN STREET• SAID SOITTHWESTERLY
LINE BEING DESCRIBED AS F0LLOJS:
BEGiNNING AT A POINT IN THE SOlffHWESTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF BLOCK ll• OF CARLSBAD DISTANT THEREqN SOUTH
55°27 1 WEST 69.56 FEET FROM THE NOST SOlITHERLY CORNER OF SAID BLOCK
1 l• HE ING THE MOST EASTERLY CORNER OF THf\T PORTION OF OCEAN STREET
VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF BOARD OF SUPERVISORS
OF SAN DIEGO COUNTY> A COPY OF WHICH WAS FILED IN THE OFFICE Of THE
COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 1'•, 1948 AS FILE· NO. 4076
l N nOOK 261'• ~ PA~E 255; THENCE ALONG THE SOUTHEASTERLY PROLONGATIO~
OF THE NORTHEASTERLY LINE OF SAID CLOSED PORTION OF OCEAN STREET SOUTH
~Oc56~20" El1ST TO .. T}iC ~CUTil~JES .. fERLY PROLO~?CATION OF 1'!IE CE~JTER .!.~!NE DF
OAK STREET AS SHO\-lN ON SAID M/\P NO. 365.
F.XCEPT ING Tl1£REFR0:1 SAID ABOVE DESCRIBED PROPERTY ANY PORTION THEREOF
HERETOFORE LYING BELC.f.-l SAID ORDIN!iitY iiIGii TIDC OF
PACIFIC OCEAN
EXHIBIT • .,A,.
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: I
(Please be Specifi, Attach Additional Pages or Ex.its, if necessary)
Please describe the project site, including distinguishing natural and
manmade characteristics. Also provide precise slope analysis when a slope
of 15' or higher and 15% grade or greater is present on the site.
The existing site contains an existing 2 unit condominium with
a two car garage and existing wood deck. the site slopes from
Ocean Street towards the beach and ocean.
2. Please describe energy conservation measures incorporated into the design
and/or operation of the project.
The garage co~struction will include thermal insulation
between the proposed garage and existing residence.
3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING:
a. If a residential project identify the number of units, type of units,
schedule of unit sizes, range of sale prices or rents, and type of
household size expected, average daily traffic generation (latest SANDAG
rates).
The project consists of a proposed 451 two-car garage and
a 240 sq. ft. wood deck. The site presently contains a
2 unit condominium. No increase in daily traffic generation
b. If a commercial project, indicate the exact type, activity(ies),
square footage of sales area, average daily traffic generation
(latest SANDAG rates), parking provided, and loading facilities.
c. If an industrial project, indicate the exact type or industry(ies),
average daily traffic generation (latest SANDAG rates), estimated
employment per shift, time of shifts, and loading facilities.
d. If an institutional project, indicate the major project/site
function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the
project.
3
I.
1)
2)
3)
4)
• •
ENVIRONMENTAL IMPACT ANALYSIS
Please Answer each of the following questions by placing a check in the
appropriate space. Then, fully discuss and explain why each item was
checked yes or no. Pro vi de supporting data if app 1 i cab 1 e. Attach
additional sheets as necessary.
Could the project significantly impact or change
present or future land uses in the vicinity of the
activity?
EXPLANATION: The use will remain a 2-uni t
condominium.
Could the activity affect the use of a recreational
area, or area of aesthetic value?
EXPLANATION: The proposed 2-car garage and
wood deck will not affect the use of a
recreational area or aesthetic value,
Could the activity affect the functioning of an
established community or neighborhood?
EXPLANATION: Additional off street parking
will be provided by the proposed 2-car
garage,
Could the activity'result in the displacement of
community residents?
EXPLANATION: The proposed project will not
displace any community residents. It will
remain a two unit condominium.
4
YES NO
X
X
X
x
• •
5)
6)
7)
8)
9)
• •
Could the activity increase the number of low and
moderate cost housing units in the city?
EXPLANATION: The project will not have any
affect on the low and moderate cost housing
units in the city.
Could the activity significantly affect existing
housing or create a demand for additional housing?
EXPLANATION: The project will not affect
existing housing other than create better
offstreet parking for the existing condo.
Are any of the natural or man-made features in the
activity area unique, that is, not found in other
parts of the county, state or nation?
EXPLANATION: The Pacific Ocean is located to
the west of the existing 2-unit condominium.
Could the activity significantly affect an
historical or archaeological site or its settings?
EXPLANATION: The proposed 2 car garage and
wood deck will not have any significant
YES
X
affect on an historical or archaeological site.
Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
EXPLANATION: The proposed garage and deck
will not have a significant affect on the
scarce natural resource.
5
NO
x
x
X
X
•
10) Could the activity significantly affect fish,
wildlife or plant resources?
EXPLANATION: The project will not affect
fish, wildlife or plant resources.
11) Are there any. rare or endangered plant or animal
species in the activity area?
•
EXPLANATION: There are no rare or endangered
plant or animal species in the area.
12) Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands
or beaches?
EXPLANATJON: The project will not change any
of the city's stream, lagoons, bays,
tidelands or beaches.
13) Could the activity result in the erosion or elimin-
ation of agricultural lands?
EXPLANATION: The project does not affect any
agricultural lands. None exist in the area.
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
ment of-already developed areas?
EXPLANATION: The project will not have any
affect as all surrounding areas have been
previously developed.
6
YES
X
X
X
X
X
• • YES
15) Will the activity require a variance from estab-
lished environmental standards (air, water, noise,
etc.)?
EXPLANATION: The project will not require a
variance from established environmental
standards
16) Is the activity carried out as part of a larger
project or series of projects?
EXPLANATION: The garage and deck are being
added to an existing condominium which was
recently fire damaged ~nd is being remodeled.
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state
or federal environmental control agency?
EXPLANATION: A Coastal Permit will be obtained.
18) Will the activity require issuance of a variance or
conditional use permit by the City?
EXPLANATION: The project will reguire a variance
from the City,
19) Will the activity involve the application, use, or
disposal of potentially hazardous materials?
EXPLANATION: The project will not involve
hazardous materials.
7
X
X·
X
X
X
20) • • Will the activity involve construction of facilities
in a_flood plain?
EXPLANATION: The project is not located in
a flood plain.
21) Will the activity involve construction of facilities
in the area of an active fault?
EXPLANATION: The project is not located on
any known active fault.
22) Could the activity result in the generation of
significant amounts of dust?
EXPLANATION: The project will not result
in the generation of significant amounts
of dust.
23) Will the activity involve the burning of brush,
trees, or other materials?
24)
EXPLANATION: The proi ect will not involve the
burning of brush, trees, or other materials.
Could the activity result in a significant change
in the quality of any portion of the region's air
or w~ter resources? (Should note surface, ground
water, off-shore.)
YES
EXPLANATION: The project will not result in a
significant change in the quality of any
portion of the region's air or water resources.
8
NO
X
X
X
X
X
' r • • • •
25) Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)?
EXPLANATION: The project will not significantly
increase fuel consumption (electricity, oil,
natural gas}
26) Will the activity involve construction of facilities
on a slope of 25 percent or greater?
EXPLANATION: The wood deck will be built on
the existing rear slope. No grading will
be performed.
27) Will there be a significant change to existing
land form?
(a) Indicate estimated grading to be done in
cubic yards: None .
(b) Percentage of alteration to the present
1 and form: . None •
(c) Maximum height of cut or fill slopes:
None
EXPLANATION: The project does not require any
grading. The wood deck will be constructed
on individual footings.
28) Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
EXPLANATION: The project will not result in
the increase use of utilities, sewers, drains
or streets.
9
YES NO
x
X
X
X
• •
29) Will the project significantly increase wind or
water erosion of soils?
• YES
EXPLANATION: The project will not significantly
increase wind or water erosion of soils.
30) Could the project significantly affect existing
fish or wildlife habitat?
EXPLANATION: The project will have no affect
on existing fish or wildlife habitat.
31) Will the project significantly produce new light
or glare?
EXPLANATION: The project will not produce new
light or glare.
NO
X
X
X
-I I. STATEMENT OF NO.IGNIFICANT ENVIRONMENTAL EFFEC'
If you have answered yes to any of the questions in Section I but think
the activity will have no significant environmental effects, indicate your
reasons below:
The proposed 2-car garage is to be located in the front of
the existing residence at Ocean Street. No grading will be
required for the garage as the site is level. The proposed
wooden deck will be constructed behind the residence on
isolated footings so that no grading is required.
Ill. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
Signature __ e_~__,_--'-l--~-~-"""')4-<--__,_ _________ _
(Person Completing Report)
Date Signed __ 9----=-/ _1._,-'{ ____ q._-i. _______________ _
11