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HomeMy WebLinkAboutCDP 10-18; 1369 Magnolia Avenue; Coastal Development Permit (CDP)City of Carlsbad Faraday Center- Faraday Cashiering 001 1023801-2 08/26/2010 96 Thu, Aug 26, 2010 03:42 PM Receipt Ref Nbr: R1023801-2/0025 PERMITS - PERMITS Tran Ref Nbr; 102380102 0025 0053 Trans/Rcpt#: R0080832 SET #: CDPIOOiB Amount: 1 8 $74.36 Item Subtotal; $74.36 Item Total; $74.36 1 ITEM(S) TOTAL; $74.36 Credit Card (Auth# 326697) $74.36 Total Received: $74.36 Have a nice day! ******m*****CUSTOMER COPY************* City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 Applicant: T&M CONSTRUCTION TODD KESSELER Description Amount CDPIOOIB 74.36 13 6 9 MAGNOLIA AV CBAD Receipt Number: R0080832 Transaction ID: R0080832 Transaction Date: 08/26/2010 Pay Type Method Description Amount Payment Credit Crd VISA 74.3 6 Transaction Amount: 74.36 City of Carlsbad Faraday Center Faraday Cashiering 001 1021801-2 08/06/2010 96 Fri, Aug 06, 2010 12:54 PH Receipt Ref Nbr: R1021801-2/0029 PERMITS - PERMITS Tran Ref Nbr; 102180102 0029 0032 Trans/Rcpt#; R0080542 SET #; CDP10018 Amount: 1 @ $6.60 Item Subtotal; $6.60 Item Total: $6.60 1 ITEM(S) TOTAL: $6.60 Credit Card (Auth# R03992) $6.60 Total Received: $6.60 Have a nice day! **************CUSTOMER COPY************* city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: T&M CONSTRUCTION TODD KESSELER Description Amount CDP10018 6.60 136 9 MAGNOLIA AV CBAD Receipt Number: R0080542 Transaction ID: R0080542 Transaction Date: 08/06/2010 Pay Type Method Description Amount Payment Credit Crd VISA 6.60 Transaction Amount: 6.60 DISCLOSURE Development Services STATEMENT Planning Department ^CITYOF PI^A) 1635 Faraday Avenue PARI ^RAH (760)602^610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownersliip interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person Is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person W.V\:ctM>s ^c^^^anttvyt^ Corp/Part ig^^L vVv'^^^^fW^ Title Title H. fig-U^ fN«Tt«<p.-vf Address PoC^ a3r''?0*1 Address /Q / 1^ • f ^. Ir 2. OWNER (Not the owner's agent) 7 '^f Id- Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part ^<K^\<^ (Z^\cy^~I^^r^tr\l^A^ ^t^a^u Title Title &v^\V»r-t^c; lA. I-W-U [ jt-^x^^*^^^ Address Address /r. | P-1 (A) Page 1 of 2 Revised 04/09 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes I^4^0 If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to the best of my knowledge. ire of(ap Signature of(applicaht/d^e Print or type name of owner Print or type name of applicant | Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1 (A) Page 2 of 2 Revised 04/09 SANTA RITA INVESTMENT COMPANY, INC. August 2, 2010 City of Cartsbad 1635 Faraday Avenue Carlsbad, Ca 92008 Re: Single Family Home - Coastal Development Permit Application Minor Subdivision / Tentative Parcel Map Application 1369 Magnolia Avenue. Carlsbad, Ca APN: 205-280-16 Santa Rita Investment Company, a California corporation, is the owner of the at)Ove referenced real property located In tlie City of Carlsbad, Ca. The Company hereby authorizes William J. Cavanaugh to act for, appear for and on behalf of the Company to perfonn any and all acts and to to execute, acknowledge and deliver applications, engineering documents and maps, agreements, and other instmments in writing of whatever kind and nature, all upon such terms and conditions as Cavanaugh shall approve, and as are reasonably required for the filing and processing of the following entitlements with respect to the real property a. Single Family Home - Coastal Development Pennit Application, and, b. Minor Subdivision / Tentative Parcel Map The real property is legally described as follows: THAT PORTION OF TRACT 241 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE WHICH IS SOUTH ai»2r00" WEST, A DISTANCE OF 138.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF MAGNOLIA AVENUE WITH THE CENTER LINE OF HIGHLAND STREET, SAID POINT BEING ALSO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO RENHOLD BARTHEL AND GERTRUDE F, BARTHEL BY DEED DATED APRIL 24, 1926 AND RECORDED IN BOOK 1180, PAGE 305 OF DEEDS; THENCE SOUTH ^39'00" EAST ALONG THE WESTERLY UNE OF SAID BARTHEL'S LAND, A DISTANCE OF 318.55 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND CONVEYED TO CARL QUSTAVE SCHLEGEL AND MARION B. SCHLEGEL BY DEED DATED DECEMBER 24,1925 AND RECORDED IN BOOK 1121, PAGE 465 OF DEEDS; THENCE SOUTH SI-^IW WEST ALONG THE NORTHERLY LINE OF SAID SCHLEGEL'S LAND, A DISTANCE OF 126.53 FEET; THENCE NORTH 27"'27'30" WEST, A DISTANCE OF 318.62 FEET TO THE POINT IN THE CENTER LINE OF MAGNOLIA AVENUE; THENCE NORTH 61»2r00" EAST ALONG THE CENTERLINE OF MAGNOLIA AVENUE, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. Ttlis auttiorization shall be valid until revoked in writing by ttie Company. Santa Rita Investments Company A Califomia corporation By: Cartos Ezquerro Its Vice-President 1001 'B" Avenue, Suite 207 / Coronado, Ca. 92118 619.437.0349 8antarita1@8i)cgiob8l.net Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department; Customer: ^ 0^ Chicago Title Company Sanbury, Inc. Attn: Tom Votel/Ken Cyr Attn: Bill Cavanaugh Email: votelt@ctt.com & ken.cvr@ctt.com P.O. Box 235709 Phone: (619) 521-3553 & (619) 521-3555 Encinitas, Ca. 92023 Fax: (619) 521-3608 Order No.: 930020721-U50 PRELIMINARY REPORT Property Address: 1369 Magnolia Avenue Carlsbad, Ca. Dated as of: AUGUST 5, 2010 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that se forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminary Report Form - Modified (11-17-06) Page 1 W W Order No.: 930020721-U50 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: Santa Rita Investment Company, a Califomia corporation 3. The land referred to in this report is situated in the State of Califomia, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form - Modified (11-17-06) Page 2 W Order No.: 930020721-U50 LEGAL DESCRIPTION THAT PORTION OF TRACT 241 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE WHICH IS SOUTH 61°21'00" WEST, A DISTANCE OF 136.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF MAGNOLIA AVENUE WITH THE CENTER LINE OF HIGHLAND STREET, SAID POINT BEING ALSO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO RENHOLD BARTHEL AND GERTRUDE F. BARTHEL BY DEED DATED APRIL 24, 1926 AND RECORDED IN BOOK 1180. PAGE 305 OF DEEDS; THENCE SOUTH 28°39'00" EAST ALONG THE WESTERLY LINE OF SAID BARTHEL'S LAND, A DISTANCE OF 318.55 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND CONVEYED TO CARL GUSTAVE SCHLEGEL AND MARION B. SCHLEGEL BY DEED DATED DECEMBER 24, 1925 AND RECORDED IN BOOK 1121. PAGE 465 OF DEEDS; THENCE SOUTH 6r2r00" WEST ALONG THE NORTHERLY LINE OF SAID SCHLEGEL'S LAND, A DISTANCE OF 126.53 FEET; THENCE NORTH 27°27'30" WEST, A DISTANCE OF 318.62 FEET TO THE POINT IN THE CENTER LINE OF MAGNOLIA AVENUE; THENCE NORTH 61°2r00" EAST ALONG THE CENTERLINE OF MAGNOLIA AVENUE, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. APN: 205-280-16 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Page 3 W Order No.: 930020721-U50 SCHEDULE B At the date hereof, items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2010 - 2011 that are a lien not yet due. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of Califomia 3. Right of the public to use that portion of said land lying within the hereinafter named street as it now exists Street Name: Magnolia Avenue 4. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 5. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a ftill copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Report Form - Modified (11-17-06) Page 4 Order No.: 930020721-U50 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No. 3: This Company will require the following in order to insure title in, or a conveyance from, the entity named below. Name: Santa Rita Investment Company, a California corporation (A) A copy of the By-Laws or Articles of Association (sometimes known as the "agreement" or "charter"). (B) A copy of a Resolution of the Association approving the present transaction and identifying the subject land. The resolution should also state that the transaction is necessary for the business purposes of the association and should name the parties who are authorized to execute documents for the association. Note No. 4: Property taxes, for the fiscal year 2009 - 2010 are paid. For information purposes the amounts are: r'Installment: $5,665.11 Paid 2"''Installment: $5,665.11 Paid Exemption: $none Code Area: 09000 Assessors Parcel Number: 205-280-16 MLM. CLTA Preliminary Report Form - Modified (11-17-06) Page I Order No.: 930020721-U50 INFORMATIONAL NOTES (continued) ATTACHMENT ONE PRIVACY STATEMENT IMPORTANT INFORMATION; For those of vou receiving this report by electronic deliverv the Privacv Statement and Exclusions From Coverage are linked to this report. Please review this information bv selecting the link. For those of vou who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLTA Preliminary Report Form - Modified (11-17-06) Page 6 CHre^CcO TITLE INSURANCE COMPAM Fidelity National Financial Group of Companies' Privacv Statement July 1,2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we wiil disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services: If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (10-21 -03) 'W ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICV (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks 2, The right to take the land by condemning il, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to Ihe Policy Date and is binding on you If you bought Ihe land withoul know ing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • lhal are known to you, but not to us, on Ihe Policy Date - unless they appeared in the public records • that result in no loss to you • that first atTect your title after the Policy Date - this does not limit Ihe labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • m 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 agamsl loss, costs, attorneys" fees, and Ihe expenses resulting from: 1. Any right, interests, or claims of parties in possession of the land nol shown by the public records. 2. Any easements or liens not shown by the public records This does nol limit the lien coverage in Hem 8 of Covered Title Risks. 3. Any facts about the land which a correc! survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvemeni now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or Ihe effect of any violation of these laws, ordinances or governmental regulations, except to the extent thai a nonce of Ihe enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of Ihe exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting Ihe land has been recorded in Ihe public records at Dale 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 not excluding from coverage any taking which has occurred prior to Dale of Policy which would be bmding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other mailers: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed lo by the insured claimant; (b) not known to the Company, not recorded in the public records al Date of Policy, but Icnown to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to 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 mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, lo comply with the applicable doing business laws of the state in which the land is situated Invalidity or unenforceability of Ihe lien of the insured mortgage, or claim thereof, which arises oul of Ihe transaction evidenced by the insured mortgage and is based upon usury or any consumer credit prolectjon or truth in lending law. Any claim, which arises out of the transacfion vesting in the insured Ihe estate of interest insured by this policy or the transaction creating the interest of Ihe insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments 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 nol shown by the records of such agency or by Ihe 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 of Ihe land or which may be asserted by persons m possession thereof Easements, liens or encumbrances, or claims thereof which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or nol the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11 -17-06) Page 8 ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICV (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, anomeys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating lo (i) Ihe occupancy, use, or enjoymeni of Ihe land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or Ihe etTect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records al Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent thai a notice of Ihe exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in Ihe public 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 not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value withoul knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed lo by Ihe insured claimant; (b) nol known to Ihe Company, not recorded in the public records at Date of Policy, but known lo Ihe insured claimant and not disclosed in writing lo Ihe Company by Ihe insured claimani prior to the dale the insured claimant became an insured under this policy, (c) resulting in no loss or damage to Ihe insured claimant; (d) attaching or created subsequent lo Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or malerial or to Ihe extent insurance is afforded herein as lo assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if Ihe insured claimant had paid value for the insured mortgage. Unenforceability of the lien of the insured mortgage because of the inabilily or failure of Ihe insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services, labor or materials (or the claim of pnority of any statutory lien for services, labor or materials over the lien of Ihe insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is nol financed in whole or in part by proceeds of the indebtedness secured by Ihe insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating Ihe interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (il) the subordination of Ihe interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (ill) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) lo timely record Ihe instrument of transfer; or (b) of such recordation to impart notice lo a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by Ihe records of any taxing authority that levies taxes or assessmenis 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 by 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 of the iand or which may be asserted by persons in possession thereof Easements, liens or encumbrances, or claims thereof, which are nol shown by Ihe public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICV (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from Ihe coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1. (a) Any law, ordinance, permit, or govemmenlal regulation (including those relating lo building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use. or enjoyment of the Land; (ii) Ihe character, dimensions, or location of any improvement erected on Ihe Land, (iii) Ihe subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5 Attachment One (11-17-06) (b) Any governmental police power. This Exclusion 1(b) does nol modify or limil the coverage provided under Covered Risk 6. 2 Rights of eminenl domain This Exclusion does not modify or limil the coverage provided under Covered Risk 7 or 8. 3 Defects, liens, encumbrances, adverse claims, or other mailers (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 disclosed in writing to the Company by the Insured Claimant prior to Ihe dale the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does nol modify or limit the coverage provided under Covered Risk 11, 13, or 14); or Page 9 ATTACHMENT ONE (CONTINUED) (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of Ihe lien of the Insured Mortgage because of Ihe inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. Invalidity or unenforceability m whole or in part of the lien of the Insured Mortgage that arises oul of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Any lien on the Title for real estate taxes or assessments imposed by govemmenlal authority and created or attaching between Date of Policy and the dale of recording of the Insured Mortgage in the Public Records This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued lo afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include Ihe following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and Ihe Company will nol pay cosls, attorneys' fees or expenses) that arise by reason of (a) (b) Taxes or assessmenis that are nol shown as existing liens by the records of any taxing authonly thai levies taxes or assessmenis on real property or by the Public Records; Proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or nol shown by Ihe records of such agency or by the Public Records Any facts, rights, interests, or claims thai are not shown by the Public Records but thai could be ascertained by an inspection of Ihe Land or lhal may be asserted by persons in possession of" the Land. Easements, liens or encumbrances, or claims thereof, nol shown by the Public Records Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting Ihe Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or nol the matters excepted under (a), (b) , or (c) are shown by the Public Records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICV (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of Ihis policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including bul not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of Ihe land, (ii) Ihe character, dimensions or location of any improvement now or hereafter erected on Ihe land; (lii) a separation in ownership or a change in Ihe dimensions or area of Ihe land or any parcel of which Ihe land is or was a part; or (iv) environinenlal proleclion, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of Ihe enforcemeni thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting Ihe land has been recorded in Ihe 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 thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy 2. Rights of eminenl domain unless notice of Ihe exercise thereof has been recorded in Ihe public records at Date of Policy, but nol excluding from coverage any taking which has occurted prior lo Dale of Policy which would be binding on Ihe rights of a purchaser for value without knowledge Defects, liens, encumbrances, adverse claims or other mailers: (a) created, suffered, assumed or agreed to by the insured claimant; (b) nol known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed m writing to the Company by the insured claimant prior lo Ihe date Ihe insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimani; (d) aftaching or created subsequent lo Date of Policy; or (e) resulting in loss or damage which would nol have been sustained if Ihe insured claimani had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, stale insolvency, or similar creditors' rights laws, that is based on: (i) Ihe transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (li) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from Ihe failure (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include Ihe following Exceptions from Coverage EXCEPTIONS FROM COVERAGE This policy does nol insure against loss or damage (and the Company will nol pay cosls, 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessmenis 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 by Ihe records of such agency or by Ihe public records. 2. Any facts, rights, interests or claims which are nol shown by Ihe public records but which could be ascertained by an inspection of the land or which may be asserted by persons m possession ihereof atlomeys' fees or expenses) which arise by reason of: 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 coned survey would disclose, and which are not shown by the public records. 5 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing Ihe issuance thereof; (c) water rights, claims or title to water, whether or not the malters excepted under (a), (b) or ic) are .shown by Ihe public records. Attachment One (11 - 17-06) 10 ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICV (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will nol pay loss or damage, costs, attorneys' fees, or expenses lhal arise by reason of^: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating lo building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of Ihe Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govemmenlal regulations This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion Kb) does not modify or limil the coverage provided under Covered Risk 6 2. Rights of eminent domain. This Exclusion does nol modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by Ihe Insured Claimani: (b) not Known to Ihe Company, not recorded in the Public Records at Date of Policy, but Known lo the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to Ihe dale Ihe Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Dale of Policy (however, this does not modify or limil the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would nol have been sustained if Ihe Insured Claimani had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent fransfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and Ihe dale of recording of the deed or other instrument of transfer in the Public Records lhal vests Title as shown in Schedule A The above policy form may be issued lo afford either Standard Coverage or Extended Coverage In addilion lo the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EX( EPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will nol pay cosls. 1. (a) Taxes or assessmenis lhal are nol shown as exisling liens by the records of any taxing authority thai levies taxes or assessmenis on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or nol shown by the records of such agency or by the Public Records 2. Any facts, rights, interests, or claims that are not shown in the Public Records bul lhal could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. attorneys' fees or expenses) that arise by reason of: 3 Easements, liens or encumbrances, or claims Ihereof, nol shown by the Public Records. 4 Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title thai would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance Ihereof; (c) water rights, claims or title to water, whether or not Ihe matters excepted under (a), (b), or (c) are shown by the Public Records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition lo the Exceptions in Schedule B, You are not insured against loss, costs 1. Govemmenlal police power, and Ihe existence or violation of any law or government regulation. This includes ordinances, laws and regulations conceming a. building b zoning c. Land use d. improvements on the Land e. Land division f environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcemeni appears in the Public Records at the Policy Date This Exclusion does not limit Ihe coverage described in Covered Risk 14. 15, 16, 17 or 24 2. The failure of Your exisling structures, or any part of Ihem. to be constructed in accordance with applicable building codes This Exclusion does not apply lo violalions of building codes if notice of the violation appears in the Public Records at Ihe Policy Date 3. The right to take the Land by condemning it, unless: attorneys' fees, and expenses resulting from: a a notice of exercising the right appears in the Public Records at the Policy Date; or b the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a thai are created, allowed, or agreed lo by You, whether or not they appear in the Public Records; b that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at Ihe Policy Date; c that result in no loss to You; or d that first occur after the Policy Date - this does not limil the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure lo pay value for Your Title 6 Lack of a nght: a. to any Land outside the area specifically described and referted to in paragraph 3 of Schedule A; and b. m streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18 Attachment One (11-17-06) Page 11 W ATTACHMENT ONE (CONTINUED) w LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on Ihe Owner s Coverage Statement as follows: • ForCovered Risk 14. 15. 16 and 18. Your Deductible Ainounl and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Your Deductible Amount 1.00% of Policy Amount or $ 2.500.00 (whichever is less) Our Maximum Dollar Limil of Liabilitv $ 10,000.00 Covered Risk 15: 1.00% of Policy Amount or $ 5,000.00 (whichever is less) S 25,000.00 Covered Risk 16: 1.00% of Policy Amount or $ 5.000.00 (whichever is less) $ 25.000.00 Covered Risk 18 1.00% of Policy Amount or $ 2.500.00 (whichever is less) % 5.000.00 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from Ihe coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but nol limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land, (li) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in Ihe dimensions or areas of Ihe Land or any parcel of which Ihe Land is or was a part; or (iv) environmental protection, or Ihe effect of any violation of these laws, ordinances or governmental regulations, except to the extent that s notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecling the Land has been recorded in the Public Records at Date of Policy. This exclusion does no! limit Ihe coverage provided under Covered Risks 12, 13. 14, and 16 of this policy (b) Any governmental police power not excluded by (a) above, except lo Ihe extent lhal a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecling the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limil the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of Ihe exercise thereof has been recorded in Ihe Public Records at Date of Policy, but not excluding from coverage any taking which has occurted prior lo Date of Policy which would be binding on the rights of a purchaser for value withoul Knowledge 3. 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 Ihe Insured Claimani and nol disclosed in wriling lo the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting In no loss or damage to Ihe Insured Claimant: (d) (e) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of Ihe slate in which the Land is situated Invalidity or unenforceability of the lien of the Insured Mortgage, or claim Ihereof. which arises oul of Ihe transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does nol limit the coverage provided under Covered Risks 7, 8(e) and 26. Any claim of invalidity, unenforceability or lack of priority of the lien of Ihe Insured Mortgage as lo advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy This exclusion does not limil the coverage provided in Covered Risk 8. Lack of priorily of the lien of the Insured Mortgage as lo each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: The time of the advance, or The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than il would have been before Ihe modificalion. This exclusion does nol limil the coverage provided in Covered Risk 8, The failure of Ihe residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violalions of building codes if notice of the violation appears in the Public Records at Date of Policy (a) (b) Attachment One (11-17-06) Page 12 (continued) NOTICE You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in Califomia between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must - prior to the close of the current transaction - inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information conceming a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One (11-17-06) Page 13 lllllllll m-i I 11 IT lllllllll lllllllll lllllllll lllllllll 1 2 3 4 5 6 SIMLE Ml/10 OF AM INCH 2 • -<i - 205 — 23 100' CHA isroES HI on'M •O 75* 76 77-7f n ST tJP 470^ MAP 5608-GRECOURT TERRACE MAP 5157- GLENVIEW ESTATES MAP 1681-THUM LAI\)DS APR 0 31996 o O o 3 <—K I—* • t3 C fD a. City of Qsirlsbad Faraijay Center Faraday Cashiering 001 1020801-2 07/27/2010 96 Tue, Jul 27, 2010 10:20 AM Receipt Ref Nbr: Rl020801-2/0003 PERMITS - PERMITS Tran Ref Nbr: 102080102 0003 0004 Trans/Rcpt#: R0080371 SET #: CDPIOOIS Amount: 1 @ $61.16 Item Subtotal: $61.16 Item Total: $61.16 1 ITEM(S) TOTAL: $61.16 Credit Card (Auth# 884734) $61.16 Total Received: $61.16 Have a nice day! **************CUSTOMER COPY************* city of Carlsbad 1635 Faraday Avenue Carlsbad CA 92 0 08 Applicant: T&M CONSTRUCTION TODD KESSELER Description Amount CDPIOOIS 61.16 1369 MAGNOLIA AV CBAD Receipt Number: R0080371 Transaction ID: R0080371 Transaction Date: 07/27/2010 Pay Type Method Description Amount Payment Credit Crd VISA 61.16 Transaction Amount: 61.16 City of Carlsbad Faraday Center Faraday Cashiering 001 1020001-2 07/19/2010 96 Mon, Jul 19, 2010 02:23 PM Receipt Ref Nbr: R1020001-2/0037 PERMITS - PERMITS Tran Ref Nbr; 102000102 0037 0038 Trans/Rcpt#: R0080266 SET #: CDP10018 Amount: 1 @ $1,291.00 Item Subtotal: $1,291.00 Item Total: $1,291.00 1 ITEM(S) TOTAL: $1,291.00 Check (Chk# 7003180) $1,291.00 Total Received: $1,291.00 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 •illlllllllllllil Applicant: T&M CONSTRUCTION TODD KESSELER Description Amount CDP10018 1,291.00 13 69 MAGNOLIA AV CBAD Receipt Number: R0080266 Transaction ID: R0080266 Transaction Date: 07/19/2010 Pay Type Method Description Amount Payment Check 1,291.00 Transaction Amount: 1,291.00 "^1 DISCLOSURE Development Services STATEMENT planning Department ^ CITY OF P- 1^A^ 1635 Faraday Avenue r^ARI ^RAD (760)602 4610 \l—www.carlsbadca.gov Applicant's statement or (disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointecJ Boarci, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Pereon is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) T&M Construction Inc. Person Corp/Part Todd Kesseler Title Title President Address Address 14 0 E. Stetson Ave. #301 Hemet, CA 9254 3 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Sanbury Inc. Tjtlg J\^\Q William Cavanaugh Address Address Member P.O. Box 235709 Encinitas, CA 92024 P-1 (A) Page 1 of 2 Revised 04/09 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Title Non Profit/Trust_ Title Address Address Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes X No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. certify that all the above infponation is true and correct to the best of my knowledge. Signature ownenraate Sanbury Inc. By: William Cavanaugh, Member Print or type name of owner Signature of applicant/date TScM Construction Inc. By: Todd Kesseler, President Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 04/09 ^ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(B) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 tf/ww.carlsbadca.gov PROJECT NAME: ^369 Magnolia Avenue APPLICANT NAME: T&M Construction Inc Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: ' Construction of a new 3,430 sq-ft 2- Story 4 bedroom, 2 bathroom manufactured single family residence with 4 05 sq-ft 2 car garage, 205 sq-ft covered porch, and 233 sq-ft attic. Demolition of existing 2 bedroom, 1 bath home. The property is in an existing Rl zone residential area. All of the neighbors properties are also Rl residences. The site is a previously developed site. No environmental constraints exist on the site. The proposed house construction is a raised floor manufactured home. The grading required for this home is very modest. The proposed slopes are less than 3 feet high. The grading quantity proposed is 83 cubic yards. The proposed project is exempt from a grading permit requirement due to the minimal impacts. No environmental impacts are proposed other than the normal single family use which is existing. P-1(B) Page 1 of 1 Revised 04/09 CITY OF CARLSBAD HAZARDOUS WASTE Development Services CITY OF CARLSBAD AND SUBSTANCES Planning Department CITY OF CARLSBAD STATEMENT P-1(C) 1635 Faraday Avenue (760) 602-4610 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 65962.5,1 have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): X 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. I I 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 T&M Construction Inc. Sanbury Inc. Name: Todd Kesseler Name: William Cavanaugh Address: 14 0 E. Stetson Ave. Suite 3 01 Address: ^-Q- 235709 Hemet, CA 9254 3 Encinitas, CA 92024 Phone Number: (951) 679-9907 Rhone Number: (619) 507-2727 1 Address of Site: 1369 Magnolia Avenue Local Agency (City and County): ^^^V of Carlsbad, County of San Diego Assessor's book, page, and parcel number: 205-280-16-00 Specify list(s): Regulatory Identification Number: Date of List: Applicant Signature/Date Property Owner Signafure/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 04/09 CiTY OF CARLSBAD \m0' LAND USE REVIEW APPUCATION P-1 Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Leaislative Permits (FOR DEPT. USE ONLY) 1 1 Administrative Permit 1 1 General Plan Amendment [/] Coastal Development Permit (*) QMinor 1 1 Local Coastal Program Amendment (*) 1 1 Conditional Use Permit (*) O Minor O Extension 1 1 Master Plan Q Amendment 1 1 Environmental impact Assessment 1 1 Specific Plan Q Amendment 1 1 Habitat Management Permit 0 Minor I 1 Zone Ctiange (*) 1 1 Hillside Development Permit (*) 1 1 Zone Code Amendment 1 1 Planned Development Permit O Residential O Non-Residential 1 1 Planned Industrial Permit List other applications not specified 1 1 Planning Commission Determination [7| BUILDING PERMIT FOR NEW 1 1 Site Development Plan • SINGLE FAMILY RESIDENCE 1 1 Special Use Permit • 1 1 Tentative Tract Map (*) = eligible for 25% discount I 1 Variance [^Administrative NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. , ASSESSOR PARCEL NO(S). PROJECT NAME: 205-280-16-00 1369 Magnolia Avenue BRIEF DESCRIPTION OF PROJECT: Construction of a new 3,430 sq-ft 2- Story 4 bedroom, 2 bathroom manufactured single family residence with 405 sq-ft 2 car garage,205 sq-ft covered porch, and 233 sq-ft attic. Demolition of existing 2 bedroom, 1 bath home. BRIEF LEGAL DESCRIPTION: Portion of Tract 241 of the Thum Lands according to Map 1681 in the City of Carlsbad, County of San Diego, State of California recorded on December 9, 1915. LOCATION OF PROJECT: 1369 Magnolia Avenue ON THE: ^OUth STREET ADDRESS SIDE OF Magnolia Avenue (NORTH, SOUTH, EAST, WEST) BETWEEN Highland Drive (NAME OF STREET) (NAME OF STREET) AND Adams Street (NAME OF STREET) P-1 Paqe 1 of 5 Revised 01/10 OWNER NAME (Print): Sanbury Inc. MAILING ADDRESS: Contact William Cavanaugh CITY, STATE, ZIP: P.O. Box 235709 TELEPHONE: Encinitas, CA 32024 EMAIL ADDRESS: PH: (619) 507-2727 sanburv@aol.com APPLICANT NAME (Print): Todd Kesseler MAILING ADDRESS: T&M Construction, Inc. CITY, STATE, ZIP: 140 E. Stetson Ave. Suite 301 TELEPHONE; Hemet, CA 92543 EMAIL ADDRESS: PH: (951) 679-9907 toddk@tmconstructions.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CO^iPECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. June^''7, 2010 SIGNATI DATE SIGNATURE June ^,2010 DATE APPLICANT'S REPRESENTATIVE (Print): See above MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND,ANY5UCCESSORg'lN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED JUL 1 9 2010 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 5 Revised 01/10 <^ DEVELOPMENT Development Services PERMITS Planning Department ^CITYOF p 2 1635 Faraday Avenue CARLSBAD (760) 602-4610 13 6 9 MAGNOLIA AVENUE www.carlsbadca.gov Coastal Development Permits (Non-Single Family Regular Only; including Amendments) Conditional Use Permits (including Regular, Minor, Amendments and Extensions) Planned Development Permits (Residential and Non-Residential) Planned Industrial Permits (including Amendments and Extensions) Planning Commission Determinations Precise Development Plans Redevelopment Permits (Major, Minor and Amendments) (A Coastal Development Permit Supplemental Application May Also Be Needed) Site Development Plans (including Revisions) Special Use Permits (including Amendments and Floodplain SUPs) Structure Relocation Permits Tentative Tract IVIaps (Residential And Non-Residential Planned Development Permits, and Revisions) A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) The following materials shall be submitted for each application or for combined applications on a single project. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A. SITE PLAN - Seven (7) copies on 24" x 36" sheet(s). Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project planner prior to approval of the project. Each site plan shall contain the following information: 1. GENERAL INFORMATION [x]a. Name and address of owner whose property is proposed to be developed and the name, address, and phone number of the developer. [X]b. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans, [xlc. North arrow and scale. [x]d. Vicinity map showing major cross streets. He. Date of preparation/revisions. [X]f. Project Name and application types submitted. N/A Dg- Tentative Map number in upper right hand corner (City to provide number at time of application). [Xjh. All facilities labeled as "existing" or "proposed." P-2 Page 1 of 9 Revised 05/09 ry^ Qi- A summaryiable of the following: 0(1) H(2) [1(3) [3(4) [^(5) 111(7) 11(8) 11(9) Street address and assessor's parcel number. Site acreage. Existing Zone and General Plan Land Use Designation. Existing and Proposed land use. Classification of lots as to intended residential, commercial, industrial or other uses. N/A 0(6) Number of units to be constructed when a condominium or community apartment project is involved. Total number of lots proposed. Proposed density in dwelling units per acre. Total building coverage. [X](10) Building square footage. [3(11) Percent of site to be landscaped. [X](12) Number of parking spaces required/provided. •(13) Square Footage of required employee eating areas. provided (interior and exterior eating area, if applicable). H(14) Square Footage of open or recreational space (if applicable), for each unit andjtotal common open space tor tne project. | N/A FOR SFR •(15) Area of the site which is undevelopable per Zoning Ordinance Section 21.53.230 (include the acreage in each category). If not applicable, state on the plans. •(16) Cubic footage of storage space (if applicable). Show location. •(17) Average Daily Traffic generated by the project, broken down by separate uses. [X](18) Name of sewer, water and school district providing service to the project. Square footage N/A 2. SITE INFORMATION a. N/A N/A N/A N/A N/A N/A N/A GENERAL , . ^ N/A along north,west as there are no impacts. [1(1) Approximate location of existing and proposed building and permanent structures onsite and within 100 feet of site. •(2) Location of all major vegetation, showing size and type, both within the project and offsite for a distance of 150 feet. Existing onsite trees; those to be removed and those to be saved. SITE IS PREVIOUSLY GRADED •(3) Location of railroads. (1(4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data). •(5) Lot lines and approximate dimensions and number of each lot. (1(6) Lot area for each proposed lot. [x](7) Setback dimensions for the required front, rear and side yard setbacks for all structures. |x](8) Distance between buildings and/or structures. DISTANCE TO P/L FOR SFR •(9) Indicate top and bottom elevations for all fences, walls, and retaining walls. Show these elevations at each end of the wall and in the middle. Also show the worst condition elevation. NONE PROPOSED •(10) Indicate on site plan improvements and amenities for the interior and/or exterior employee eating areas, i.e. benches, tables, trash cans, etc. •(11) Show site details for all recreation lots or areas (when applicable). •(12) Location and dimensions of all accessways and pathways as required for compliance with Title 24 - State Accessibility Requirements. P-2 Page 2 of 9 Revised 05/09 Q Q b. GRADING AND DRAINAGE SFR IS EXEMPT FROM PERMIT REQUIREMENT [1(1) Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). [x](2) Earthwork volumes: cut, fill, remedial, import and export. [3(3) Spotelevationsatthecornersof each pad. PAD IS CONFINED TO HOUSE SIZE H(4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. N/A ^(5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. ^/•^ ^(6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. N/A ^(7) Show all Best Management Practices (BMPs) to be used to reduce storm water discharge during the "use" or existing development phase. 11(8) Indicate proposed elevation in relation to sea level of the lowest floor (including basement) of all structures. [For Floodplain Special Use Permit (SUP)]. RAISED FLOOR N/-^ •(9) In FEMA Zone AO or VO show elevation of highest adjacent grade and proposed elevation of lowest floor of all structures. [For Floodplain Special Use Permit (SUP)]. NOT IN FLOOD PLAIN N/A •(IO) Show proposed elevation in relation to mean sea level to which any structure will be floodproofed. [For Floodplain Special Use Permit (SUP)]., c. STREETS AND UTILITIES 11(1) The location, width and proposed name of all streets within and adjacent to the proposed project. Show street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. NONE ARE PROPOSED lx](2) Name, location and width of existing adjacent streets and alleys. Include medians and adjacent driveway locations. [1(3) Typical street cross sections for all streets within and adjacent to the project. N/A ^(4) Width, location and use of all existing and/or proposed public or private easements, THERE ARE NONE [1(5) Public and private streets and utilities clearly identified. N/A ^(6) Show distance between all intersections and medium and high use driveways. [1(7) Clearly show parking stall and aisle dimensions and truck turning radii for all parking areas. N/A •(S) Show access points to adjacent undeveloped lands. [x](9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. ' [1(10) Show all existing and proposed fire hydrants associated with the project, and all existing, off-site fire hydrants within 300 feet of the project boundary. Fire hydrants on commercial, industrial and multi-family residential sites should be installed at 300 feet intervals. Fire hydrants serving single-family residential projects should be installed at no more than 500-foot intervals. When possible, fire hydrants should be installed at street intersections on P-2 Page 3 of 9 Revised 05/09 Q Q developed side of street if single loaded. Avoid cul-de-sac installations. For installation requirements on public roadways, contact the Carlsbad Fire Department at (760) 602-4666. d. WATER FACILITIES WATER METER IS EXISTING FOR SFR [x](1) Show average and peak potable water demand in gallons per minute (gpm). ^/•^ •(2) Provide fire flow demand in gallons per minute (gpm); calculate using table attached to Land Use Review Application. EXISTING FIRE HYDRANT N/A ^(3) Provide a map or diagram showing existing and proposed on-site and off-site water pipelines, services, pressure reducing stations, fire hydrants, reservoirs and pumping stations. (These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City.). ^/•^ ^(4) Show a looped potable water distribution pipeline (when more than 19 residences are proposed). •(5) Show a public fire flow system (constructed as a looped pipelin'e system for all industrial or commercial development). •(6) Show a private fire sprinkler system, if required or proposed; state on exhibit. •(7) Provide a water phasing plan, if proposed. NOTE: San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. e. RECYCLED WATER FACILITIES ^/•^ •(I) Colored recycled water use area map (all areas proposed to be irrigated with recycled water must be clearly indicated on the map in color). •(2) Peak irrigation or industrial water demand in gallons per minute (gpm). •(3) Existing and proposed recycled water pipelines, services, pressure reducing stations, booster pump stations, reservoirs and pumping stations. (These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City.). f. SEWER FACILITIES STANDARD HOUSE SERVICE FOR SFR N/A [1(1) •(2) •(3) Average sewer generation in million gallons per day (mgd). Existing and proposed sewer pipelines, laterals, and sewage lift stations. These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City. Indicate sewer facility phasing, if proposed. NOTE: No sewer lift stations or sewer siphons may be proposed unless othenwise agreed to in writing by the appropriate District Engineer. B. LANDSCAPE PLAN - Seven (7) copies prepared on 24" x 36" sheet(s) at the same scale as the project plans. Ten (10) copies of the plans shall be submitted by the applicant upon request of the project planner prior to project approval. The preliminary landscape plan shall contain the following information: 1. GENERAL INFORMATION •a. Landscape zones per the City of Carlsbad Landscape Manual. •b. Typical plant species, quantity of each species and their size for each planting zone in a legend. (Use symbols), •c. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone, •d. Landscape maintenance responsibility (private or common) for all areas. p-2 Page 4 of 9 Revised 05/09 N/A ^^^^ •e. Percent of site used for landscaping, •f. Water Conservation Plan. •g. All applicable Fire Suppression Zones, as required by the City's Landscape Manual, are minimums. Additional requirements may apply. C. BUILDING ELEVATIONS AND FLOOR PLANS - Seven (7) copies prepared ,on 24" x 36" sheet(s). Ten (10) copies of the plans shall be submitted by the applicant upon request of the project planner prior to the project approval. Each building elevation and floor plan shall include the following information: 1. GENERAL INFORMATION lx]a. Floor plans with square footage included. db. All elevations of existing and proposed buildings, including signs and exterior lights. N/A •c. Location and size of storage areas. [x]d. Include a scale on all floor plans and building elevations, de. Indicate the height on all building elevations. [If. Indicate on all building elevations, compliance with Carlsbad Height Ordinance 21.04.065. THIS INFORMATION IS SHOWN ON THE SITE PLAN/PLOT PLAN N/A •g. Indicate ceiling height or the height of the underside of the roof in any building areas intended for storage uses. dh. Indicate the California Building Code occupancy classifications of all building areas. [li. Indicate type of construction per California Building Code. N/A •]. Disclose any building uses that will result in the presence of Acutely Hazardous Materials, Compressed Flammable Gases in excess of 1,500 pounds. Flammable Liquids in excess of 10,000 gallons. Hazardous Materials in excess of 500 pounds or 55 gallons, or compressed gas in excess of 200 cubic feet. N/A •k. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). [X]|. ROOF PLAN: One (1) copy (plan view). Show roof design to include ridges, hips, slope direction, etc. Show location of roof appurtenances, mechanical equipment and screening. Show all roof top equipment, appurtenances, stairways or other access provisions, including those required by the applicable building, plumbing, electrical and mechanical codes. All roof mounted equipment shall be installed in accordance with Building Department Policy 80-6. D. CONSTRAINTS MAP - One (1) 24" x 36" sheet folded to 9" x 12" shall include the following information: (NOTE: This information is not required for previously graded sites and the conversion of existing structures.) If the constraint does not apply to the property, list it on the map as not applicable. Constraint map should be the same scale as other exhibits, i.e. Site Plan, etc. 1. GENERAL INFORMATION •a. Major ridge lines, •b. Distant views, •c. Internal views. •d. Riparian or woodlands. ' •e. Intermittent drainage course. •f. 25 - 40% slopes. •g. Greater than 40% slopes. •h. Major rock outcroppings. •i. Easements. •j. Floodplains. P-2 Page 5 of 9 Revised 05/09 Q Q •k. Archaeological sites. (Do not identify location. List in map legend if present.), •l. Special Planning Areas - Type of special planning area. •m. Biological Habitats. Indicate the location of all vegetation communities existing on the project site. (Use Modified Holland System as described in the Multiple Habitat Conservation Plan.). •n. Beaches. •o. Permanent bodies of water, •p. Wetlands. •q. Land subject to major power transmission easements, •r. Railroad track beds. E. COLORED SITE PLAN AND ELEVATION PLAN - Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS [1A. Completed Land Use Review Application Form. [^B. Coastal Development Permit Supplemental Application (if applicable). N/A •C. Environmental Impact Assessment Form (Fee not required with initial submittal. Fee to be determined after review of project and environmental impact assessment form.) Required for tentative parcel maps only where a significant grading is proposed. Check with Planning staff to determine if required for your application. [ID. Disclosure Statement. (Not required for tentative parcel maps.). [lE. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). N/A •F. Proof of availability of sewer if located in the Leucadia Waste Water District or the Vallecitos Water District. • •G. Statement of agreement to waive tentative parcel map time limits. Required only when project (tentative parcel map) requires concurrent processing of planning application or environmental review. ^ •H. All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts, as required by the SANDAG Congestion Management Program (CMP). THERE ARE NO IMPACTS For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day or 200 or more peak-hour vehicle trips. Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff. The following minimum information should be included with the study: 1. 8 %" X 11" or 8 x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. 2. Project traffic generation rates and traffic assignment. 3. Necessary calculations and/or analysis to determine intersection and road segment levels of service. 4. Any proposed mitigation requirements to maintain the public facility standards. 5. On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects: Any project which, upon its completion will be expected to generate either P-2 Page 6 of 9 Revised 05/09 Q an equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions, is defined as a "large project" under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carlsbad reserves the right to require a traffic study on any project. N/A •l. Two copies of preliminary soils/geologic report for all projects with cut or fill depths exceeding 5 feet. SLOPES ARE LESS THAN 3' HIGH. PROJECT IS EXEMPT. •J. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. •K. For all condominium conversions, a letter from San Diego Gas and Electric stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. •L. For all condominium conversions, one (1) copy of a compliance inspection performed by the Building Department. (Separate fee required.). •M. For projects larger than 1-acre, a Preliminary Hydrology Study including map and calculations to demonstrate capacity/sizing of proposed and existing storm drain infrastructure. Show before and after discharges to each included drainage basin. Depending upon the complexity of the project, a Preliminary Hydrology Study may be required on any project. UN. TWO copies of a completed and signed "Storm Water Standards Questionnaire". This form can be found on the City's website: http://www.carlsbadca.gov/business/buildinq/Documents/E-34.pdf (Distribute copy to Engineering). do. If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Project," submit a preliminary Storm Water Management Plan (SWMP) prepared in accordance with the City Standard Urban Storm Water Mitigation Plan (SUSMP) per the City of Carlsbad Engineering Standards, STANDARD SUSMP REQUIREMENTS dP. Completed "Project Description/Explanation" sheet. [iQ. Signed "Notice of Time Limits on Discretionary Applications." N/A •R. Noise study consistent with City of Carlsbad Noise Guidelines Manual. NO IMPACTS ^ •S. Biological resource, cultural resource, and/or other environmental studies that are necessary to make an environmental determination (i.e. EIR, Negative Declaration or Exemption) and to determine compliance with the HMP. lx]T. Signed "Hazardous Waste and Substance Statement" form. •U. Provide color board(s) (no larger than 9" x 12"), showing building materials and color samples of glass, reveals, aggregate, wood, etc. DEFERRED SUBMITTAL •V. Photographs of the property from the north, south, east and west. N/A •w. Digital copy of Tentative Map along with required number of hard copy maps, [xlx. Fees: See Fee Schedule for amount. [x]Y. Early Public Notice Package. III. SPECIFIC PROJECT REQUIREMENTS N/A •A. For Density Bonus Projects: 1. A letter signed by the present owner stating what specific incentives are being requested from the City. For any development standards modification or other additional incentive requested, the applicant shall submit a project pro-forma to demonstrate that the standards modification or other requested incentive is necessary to make the project economically feasible. P-2 Page 7 of 9 Revised 05/09 2. A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities. 3. For condominium conversion requests, a report documenting the following information for each unit proposed to be converted: the monthly income of tenants of each unit throughout the prior year, the monthly rent for each unit throughout the prior year and vacancy information for each unit throughout the prior year. 4. Identify the number and location of lower income dwelling units. N/A •B. For Senior Citizen Housing Projects: 1. A letter signed by the present owner stating what specific incentives are being requested from the City. For any development standards modification or other additional incentive requested, the applicant shall submit a project pro-forma to demonstrate that the standards modification or other requested incentive Is necessary to make the project economically feasible. 2. A detailed vicinity map showing the project location and such details as the nearest market, transit stop, park or recreation area, medical facilities or other related uses or services likely to be patronized by senior citizens. 3. Five (5) copies of floor plans for each different type of unit indicating a typically furnished apartment, with dimensions of doonways, hallways, closets and cabinets. 4. Five (5) copies of floor plans showing any common areas and accommodations. 5. Identify the number and location of lower income inclusionary dwelling units. 6. A plan for monitoring age restrictions for all units and income restrictions for designated inclusionary units. N/A •C. In-fill Residential Projects: Infill Residential Projects with two or more dwelling units that: (1) require a discretionary permit (i.e. Non-Single Family Regular CDP, Redevelopment Permit or Site Development Plan) and (2) are bordered on a minimum of two sides (property lines) by existing single family residential development shall be required to: 1. Post project notices on the project site pursuant to Planning Department Administrative Policy No. 37. 2. Submit project photo-simulation exhibits to the Planning Department upon determination that the project application is complete. The photo simulation exhibits should be scaled representations of the project, as viewed from adjacent streets and adjacent developed single-family residential properties. N/A Wireless Communication Facilities: Wireless Communication Facilities (WCF) are allowed in all zones with the approval of a conditional use permit (CUP) or minor conditional use permit (MCUP). See the applicable Zone and Zoning Ordinance Section 21. 42.140 B. 165 for details. All proposed WCFs shall follow the City's guidelines (see City Council Policy No. 64, Wireless Communication Facilities) in the review of CUPs and MCUPs for new wireless facilities as well as extensions and amendments to CUPs arid MCUPs for existing installations. This policy applies to all commercial providers of wireless communication services. It does not apply to amateur (HAM) radio antennas and dish and other antennas installed on a residence for an individual's private use. Notes on submitting applications for new or existing WCFs: 1. Submittals for new and amended WCFs shall follow the application requirements outlined elsewhere in this handout plus the specific WCF submittal provisions of City Council Policy 64, including the Application and Review Guidelines. P-2 Page 8 of 9 Revised 05/09 2. For extensions of existing CUPs and MCUPs, or for existing CUPs proposing to convert to MCUPs, only one set of project plans, rather than multiple copies, needs to be submitted. The one set of plans may be copies of those already approved. Applicants are encouraged to talk with staff before submitting an application to convert a CUP to a MCUP. 3. Per Performance Guideline 5 of City Council Policy 64, a report demonstrating compliance with FCC RF Exposure Guidelines must be submitted with each time extension or amendment request and, for new WCFs, within six (6) months after the issuance of occupancy. All WCF applications are evaluated or re-evaluated to assess consistency with City Council Policy 64, including the appropriateness of the existing facility's technology, and the applicant must document that the WCF maintains the technology that is the smallest, most efficient, and least visible and that there are not more appropriate and available locations for the facility, such as the opportunity to collocate or relocate to an existing building. •E. Flood Plain Special Use Permits: 1. Two (2) sets of the hydrology and hydraulic calculations. Include HEC-1 and HEC-2 computer printouts with appropriate annotations to clarify readouts. 2. Two (2) copies of all required certifications listed in Section 21.110.150(4) of the Municipal Code signed and sealed by a registered Civil Engineer or other Appropriately licensed professional. N/A •F. Commercial/Visitor-Serving Overiay Zone: 1. Prior to filing an application for a Conditional Use Permit for a Commercial/Visitor- Serving use within the Overlay zone, the applicant shall make a Preliminary Review (Pre-filing) submittal. 2. Projects within the Commercial/Visitor-Serving Overlay Zone shall submit a proposed sign program as part of this application. The program shall be provided as separate exhibits and should include the following information: proposed sign location, dimensions, area, materials, sign copy and colors. NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE PUBLIC HEARING NOTICE PACKAGE INCLUDING THE RADIUS MAP. TWO SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. P-2 Page 9 of 9 Revised 05/09 COASTAL DEVELOPMENT^ Development Services <£ PERMIT SUPPLEMENTAL Planning Department ^ CITY Of APPLICATION leSS Faraday Avenue CARLSBAD p-14 (760)602 4610 www.carlsbaaca.gov This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. **Application checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout. A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site PIpin should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Planning Director shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). Please refer to the current fee schedule for the appropriate $/square foot fee rate. New Residential Square Footage: 3.430 square feet x $ /sq ft. = $ Residential Addition Square Footage: square feet x $ /sq. ft. = = $ Any Garage Square Footage: 408 square feet x $ /sq. ft. = = $ Residential Conversion Square Footage: square feet x $ /sq. ft. = = $ Please contact the City of Carlsbad Building Department for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) . square feet x $ Isq. ft. = $ COST OF DEVELOPMENT ESTIMATE: $ 369,837 P-14 Page 1 of 7 Revised 04/09 B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) \^ 2. A Regular Coastal Development Permit ($60,000 or more cost estimate) [/] C. Street address of proposed development 1369 Magnolia Avenue ' D. Assessor's Parcel Number of proposed development 205-280-16-00 E. Development Description: Briefly describe project' Construction of a new 3,430 sq-ft 2- Story 4 bedroom, 2 bathroom manufactured single family residence with 405 sq-ft 2 car garage,205 sq-ft covered porch, and 233 sq-ft attic. Demolition of existing 2 bedroom, 1 bath home. Describe the present land uses (i.e. vacant iand, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: residential South:. East:_ West: NT G. Is project located within a 100-year flood plain? | [Yes [^^o II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? If yes, please describe. Existing 2 bedroom, 1 bath home which is to be demolished. 7]Yes I |NO B. Will any existing structure be removed/demolished? ^ Yes | ^o If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). III. LOT COVERAGE A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Unimproved Area (Left Natural) Existinq New Proposed Total 2,000 sq. ft. 1'''57 sa. ft. 3,157 sa. ft. 33,135 sq. ft. (657) sq. ft. 32,478 _ sa. ft. (500) sq. ft. 500 so. ft. 500 sa. ft. - sa. ft. sa. ft. -- sq. ft. p-14 Page 2 of 7 Revised 04/09 Parkinq: Number of existina spaces 2 Number of new spaces proposed 2 Existina/ProDOsed TOTAL: 2 Number of total spaces required 2 Number of covered spaces 2 Number of uncovered spaces none Number of standard spaces 2 Number of compact spaces none Is tandem parking existing? Is tandem parking proposed? Grade Alteration: Is any grading proposed? ^ Yes | |NO If yes, please complete the following: 1. Amount of cut 1 |Yes# OYes# 83 [TINO I cu. yds. 2. Amount of fill 83 cu. yds. 3. Maximum heiqht of fill slope 2 feet 4. Maximum heiqht of cut slope 2 feet 5. Amount of import or export none cu. yds. 6. Location of borrow or disposal site none The following materials shall be submitted for each application or for combined applications on a single project. Building permit application Coastal Development permit application P-14 Page 3 of 7 Revised 04/09 Date Filed: ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) (To be completed by City) Application Number(s): General Information 1. 2. 13 69 Magnolia Avenue Name of project: Name of developer or project sponsor: Sanbury Inc.- William Cavanaugh Address: P.O. Box 235709 City, State, Zip Code: Phone Number: Encinitas, CA 92024 :619) 507-2727 Name of person to be contacted concerning this project: William Cavanaugh Address: See above City, State, Zip Code: Phone Number: 4. Address of Project: 136 9 Magnolia Avenue Assessor's Parcel Number: 205-280-16-00 6. 7. 8. 9. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: building permit, coastal development permit Existing General Plan Land Use Designation: ^-^^ Existing zoning district: R~ 1 Existing land use(s): single family residence Proposed use of site (Project for which this form is filed): single family residence replacement of existing damaged home which is to be demolished, Project Description 10. 11. 12: 13. 14. P-1(D) Site size: Proposed Building square footage: Number of floors of construction: 0.82 acres Amount of off-street parking provided: Associated projects: 2 car garage none Page 2 of 4 Revised 04/09 15. If residential, include the number of units and schedule of unit sizes: Construction of a new 3,430 sq-ft 2- Story 4 bedroom, 2 bathroom manufactured single family residence with 405 sq-ft 2 car garage,^05 sq-ft covered porch, and 233 sq-ft attic. Demolition of existing 2 bedroom, 1 bath home. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A P-1(D) Page 3 of 4 Revised 04/09 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial O [T] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or • [] roads. 22. Change in pattern, scale or character of general area of project. Q [ ] 23. Significant amounts of solid waste or litter. • [] 24. Change in dust, ash, smoke, fumes or odors in vicinity. • [] 1 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • [] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D [] 27. Site on filled land or on slope of 10 percent or more. • [ ] 28. Use of disposal of potentially hazardous materials, such as toxic substances, • [] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, Q [] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • [] Y 31. Relationship to a larger project or series of projects. D D Environmental Settina THIS PROJECT PROPOSES NO IMPACTS. IT IS REPLACING AN EXITING SFR WITH EXISTING GRADED SITE Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. PROJECT IS Rl ZONE SFR 33. Describe the surrounding properties, including information on plants and animals and any cultural, histoncal or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. NEIGHBORING PROPERTIES ARE ALL Rl SFR Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief Date: June/"?, 2010 Signature PQp. Sanb<iry Inc. p-1 (D) Page 4 of 4 Revised 04/09 ]B A (G E JR. ]EN(Gr][N]E]ER][N(Gr CONSULTING CIVIL ENGINEERS 1369 MAGNOLIA AVENUE BUILDING VALUATION 2004-2005 ICBO VALUATION MULTIPLIER DESCRIPTION AREA; Sq-ft 1) FIRST FLOOR 1812 2) SECOND FLOOR 1618 3) GARAGE 408 4) PORCH 205 5) ATTIC 233 Cost; sq-ft $101.99 $101.99 $26.61 $14.41 $26.61 Total Valuation $184,806 $165,020 $10,857 $2,954 $6,200 TOTAL 4276 $369,837 BUILDING PERMIT FEE: 100,001 - 500,000 PLUS SUB-TOTAL FEE AMOUNT 3.64 TIMES $269.84 $1,291.86 TIMES 25.00% $645.93 $982.21 $1,291.86 $322.97 TOTAL BUILDING PERMIT: $322.97 BUILDING PLAN CHECK FEE: 322.97 TIMES 65.00% $209.93 2651 Gianelli Lane Escondido, CA 92025 PH: (760) 743-4217 FAX: (760) 743-4217 ^ CITY OF CARLSBAD ding Permit Application 1635 Faraday Ave., Carlsbad, CA 92008 760-602-2717 / 2718 / 2719 Fax 760-602-8558 www.carlsbadca.gov Check No. Est. Value Plan Ck. Deposit Date JOB ADDRESS 1369 Magnolia Avenue SUITE#/SPACE#/UNIT# 205 280 16 00 CT/PROJECT tt LOT* PHASE # #CF UNITS # BEDROOMS # BATHROOMS TENANT BUSINESS NAME CONSTR. TYPE OCC. GROUP 4 2 DESCRIPTION OF WORK: Include Square Feet of Affected Area(s} New Single Family 2-Story Manufactured Home consisting of: 1,812 sq-ft first floor, 1,618 sq-ft second floor, 408 sq-ft garage, 205 sq-ft porch, 233 sq-ft attic. EXISTING USE PROPOSED USE GARAGE (SF) PATIOS (SF) DECKS (SF) FIREPLACE AIR CONDITIONING FIRE SPRINKLERS Vacant SFR 408 205 YESj |#. NOfTI YEsj jNofTI YESr~|N0[7] CONTACT NAME (If Different Fom Applicant) Todd Kesseler Q APPLICANT NAME T&M Construction, Inc. ADDRESS (See applicant) ADDRESS 105 E. Stetson Ave, Suite 301 CITY STATE ZIP CITY Hemet STATE Ca ZIP 92543 PHONE 951-809-2668 FAX PHONE 951-679-0924 FAX 951-672-0926 EMAIL toddk@tmconstuctions.com EMAIL PROPERTY OWNER NAME ...... ^ . - . William Cavanaugh Sanbury, Inc. CONTRACTOR BUS. NAME ADDRESS P.O. Box 235709 ADDRESS (See applicant) CITY Encinitas STATE ZIP Ca 92023 CITY STATE ZIP PHONE FAX PHONE FAX 619-507-2727 EMAIL sanbury@aol.com EMAIL ARCH/DESIGNER NAME & ADDRESS STATE Lie. # STATE LIC.# CLASS CITY BUS. LIC.# (Sec. 7031.5 Business and Professions Code: Any City or County which requires a permit to construct, alter, innprove, demolish or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provisions of the Contractor's License Law (Chapter 9, commending with Section 7000 of Division 3 of the Business and Professions Code) or tnat he is exempt therefrom, and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars ($500}). 'ORKERS' COMPENSATION Workers' Compensation Declaration: / hereby affirm under penally of perjury one of the folkming declarations: • I have and will maintain a certificate of consent to self-insure for worisers' compensation as provided by Section 3700 of ttie Labor Code, for ttie performance of ttie work for wtiicti ttiis permit is issued. I have and will maintain workers' compensation, as required by Section 3700 of ttie Labor Cade, lot ttie performance of ttie work for which this permit is issued. My workers' compensation insurance carrier and policy number are: Insurance Co Policy No, Expiration Date This section need not be completed if the permit is for one hundred dollars ($100) or less, (__| Certificate of Exemption: I certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of California, WARNING: Failure to secure workers' compensation coverage Is unlawful, and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars (&100,000), in addition to the cost of compensation, damages as provided for in Section 3706 of the Labor code, interest and attomey's fees. ^CONTRACTOR SIGNATURE ^<i>c/«^ ER-BUILDER OBCtARATION • AGENT DATE I hereby affirm that I am exempt from Contractor's License Law for the follomng reason: I [ I, as owner of the property or my employees with wages as their sole compensation, will do the work and the stmcture is not intended or offered for sale (Sec, 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If however, the building or improvement is sold within one year of completion, the owner-builder will have the burden of proving that he did not build or improve for the purpose of sale). I I I, as owner of the property, am exclusively contracting with licensed contractors to constmct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and contracts for such projects with contractor(s) licensed pursuant to the Contractor's License Law). • am exempt under Section _ .Business and Professions Code for this reason: 1.1 personally plan to provide the major labor and materials for construction of the proposed property improvement. QVes I |NO 2.1 (have / have not) signed an application for a building permit for the proposed work. 3.1 have contracted with the following person (firm) to provide the proposed construction (include name address / phone / contractors' license number): 4.1 plan to provide portions of the work, but I have hired the following person to coordinate, supervise and provide the major work (include name / address / phone / contractors' license number): 5,1 will provide some of the work, but I have contracted (hired) the foiiowing persons to provide the work indicated (include name / address / phone / type of work): jgS'pROPERTY OWNER SIGNATURE QAGENT DATE s the applicant or future building occupant required to submit a business plan, acutely hazardous materials registration form or risk management and prevention program under Sectionsi 25605, 25533 or 25534 of the . air dual s the facility to be constructed within 1,000 feet of the outer boundary of a school site? I IVes I/INO F ANY OF THE ANSWERS ARE YES, A FINAL CERTIFICATE OF OCCUPANCY MAY NOT BE ISSUED UNLESS THE APPLICANT HAS MET OR IS MEETING THE REQUIREMENTS OF THE OFFICE OF EMERGENCY SERVICES AND THE AIR POLLUTION CONTROL DISTRICT. 5S plan, =resley-Tanner Hazardous Substance Account Act? j j Yes I / iNo s the applicant or future building occupant required to obtain a permit from the air pollution control district or air quality management district? •YOS FTINO UCTION LE l« AGENCY hereby affirm that there is a construction lending agency for the performance of the work this pennit is issued (Sec, 3097 (i) Civil Code), .ender's Name Lender's Address • certify that I have read the application and state that the above infonnation Is conect and that the infomiation on the plans Is accurate. I agree to comply with all City ordinances and State laws relating to building constnictlon. hereby authorize representative of the City of Cartsbad to enter upon the ab«e mentioned property for inspection purposes. I ALSO AGREE TO SAVE, INDEMNIFY AND KEEP HARIVILESS THE CITY OF CARLSBAD \GAINST ALL LIABILITIES, JUDGMENffS, COSTS AND EXPENSES WHICH MAY IN ANY WAY ACCRUE AGAINST SAID CITY IN CONSEQUENCE OF THE GRANTING OF THIS PERMIT, )SHA: An OSHA pemiit is required fbr excavations over 5'0' deep and demolition or construction of stntctunes over 3 stories in height EXPIRATION: Every pemiit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void ifthe building or work authorized by such pemiit Is not commenced within 80 days from the date of such pemiit or if the building or work authorized by such permit is suspended or abandoned at any time alter the work is commenced for a period of 180 days (Section 106.4.4 Unifbmi Building Code). ^APPLICANT'S SIGNATURE T^C^ >^<>aA«j3^<_^ DATE C^/yy/io c CARLSBAD TV OF STORM WATER COMPLIANCE ASSESSMENT B-24 Development Services Building Department 1635 Faraday Avenue 760-602-2719 ww/w.carlsbadca.gov I am applying to the City of Carlsbad for the following type(s) of construction permit: ^ Building Permit • Right-of-Way Permit • My project is categorically EXEMPT from the requirement to prepare a storm water pollution prevention plan (SWPPP) because it only requires issuance of one or more of the following permit types: Electrical Fire Additional Fire Alarm Fixed Systems Mechanical Mobile Home Plumbing Patib/Deck Re-Roofing Sign Spa-Factory Sprinkler Water Discharge Project Storm Water Threat Assessment Criteria* Wo Threat Assessment Criteria • My project qualifies as NO THREAT and is exempt from the requirement to prepare a storm water pollution prevention plan (SWPPP) because it meets the "no threat" assessment criteria on the City's Project Threat Assessment Worksheet for Determination of Construction SWPPP Tier Level. My project does not meet any of the High, Moderate or Low Threat criteria described below. Tier1 • • Tier! • Low Threat Assessment Criteria My project does not meet any of the Significant or Moderate Threat criteria, is not an exempt permit type (See list above) and the project meets one or more of the following criteria: • Results in some soil disturbance; and/or • Includes outdoor construction activities (such as roofing, saw cutting, equipment washing, material stockpiling, vehicle fueling, waste stockpiling). Moderate Threat Assessment Criteria My project does not meet any of the Significant Threat assessment Criteria described below and meets one or more of the following criteria: • Project requires a grading plan pursuant to the Carisbad Grading Ordinance (Chapter 15.16 of the Carlsbad Municipal Code); or, • Project will result in 2,500 square feet or more of soils disturbance including any associated constmction staging, stockpiling, pavement removal, equipment storage, refueling and maintenance areas and project meets one or more of the additional following criteria: • Located within 200 feet of an environmentally sensitive area or the Pacific Ocean, and/or • Disturbed area is located on a slope with a grade at or exceeding 5 horizontal to 1 vertical, and/or »Disturbed area is located along or within 30 feet of a storm drain inlet, an open drainage channel or watercourse, and/or • Construction will be initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). | Yes Tier 3 - • Significant Threat Assessment Criteria My project includes clearing, grading or other disturbances to the ground resulting in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, stockpiling, pavement removal, refueling and maintenance areas: and/or My project is part of a phased development plan that will cumulatively result in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, refueling and maintenance areas: or, My project is located inside or within 200 feet of an environmentally sensitive area (see City ESA Proximity map) and has a significant potential for contributing pollutants to nearby receiving waters by way of storm water runoff or non-storm water discharge(s). / certify to the best of my knowledge that the above checked statements are true and conect I understand and acknowledge tfiaf even tfioug/i 0i/s project does not require preparation of a construction SWPP, I must still adhere to, and at all times during construction activities for the permit type(s) check above comply with the storm water best management practices pursuant to Title 15 of the Carlsbad Municipal Code and to C 'ltv Standards. The City Engineer may authorize minor variances fi'om the Stonn Water Threat Assessment Criteria in special circumstances where it can be shown that a lesser or higher Construction SWPPP Tier Level is warranted. Project Address: Assessor Parcel No. 1369 Magnolia Ave. 205-280-16-00 Owner/Owner's Authorized Agent Name: Todd Kesseler Title: Contractor Owner/Owner's Authorized Agent Signature: Date: June/7, 2 010 city Concurrence: By: Date: • YES QNO Project ID: 1 B-24 Page 1 of 1 Rev.03/09 ^ CITY OF CARLSBAD PLUMBING, ELECTRICAL, MECHANICAL WORKSHEET B-18 Development Services Building Department 1635 Faraday Avenue 760-602-2719 www.carlsbadca.gov Project Address: Permit No.: Information provided below refers to vworb being done on the abov^e mentioned permit only. This form must be completed and returned to the Building Department before the permit can be issued. Building Dept. Fax: (760) 602-8558 Number of new or relocated fixtures, traps, or floor drains New building sewer line? Ves No Number of new roof drains? Install/alter water line? Number of new water heaters? Number of new, relocated or replaced gas outlets? Number of new hose bibs? Upgrade existing panel? Ves No From ^Amps to ^Amps Number of new panels or subpanels? Single Phase Number of new amperes Three Phase Number of new amperes Three Phase 480 Number of new amperes Remodel (relocate existing outlets/switches or add outlets/switches)? Ves No Number of new furnaces, A/C, or heat pumps? New or relocated duct worb? Ves No Number of new fireplaces? Number of new exhaust fans? Relocate/install vent? Number of new exhaust hoods? Number of new boilers or compressors? Number of HP B-18 Page 1 of 1 Rev. 03/09 ^ STORMWATER ^ . ^ f^is QTAUnARnQ Development Services o I f\n uf\i\u<9 Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov ^ CiTY OF QUESTIONNAIRE CARLSBAD £-34 INSTRUCTIONS: 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 (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). Initially 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 Stormwater Requirements' or be subject additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Applicant 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 that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by the applicant, 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 applicants are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, they are advised to seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications,for the same project are submitted concurrently. In addition to this questionnaire, applicants for construction permits must also complete, sign and submit a Project Threat Assessment Form to address construction aspects of the project. Please answer the questions below, follow the instructions and sign the fonv at the end. 1. Is your project a significant redevelopment? No DEFINITION: Significant redevelopment is defined as the creation, addition or replacement of at least 5,000 square feet of impervious surface on an already existing developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction remodeling; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. If your project IS considered significant redevelopment, then please skip Section 1 and proceed with Section 2. If your project IS NOT considered significant redevelopment, then please proceed to Section 1. E-34 Page 1 of 3 REV 3/23/10 ^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov SECTION 1 NEW DEVELOPMENT PRIORITY PROJECT TYPE Does you project meet one or more of the following criteria: YES NO 1. Housina subdh/isions of 10 or more dwellina units. Examples: sinale familv homes, multl-famiiv homes, condominium and apartments 2. Commercial- areater than 1-acre. Anv development other than heavy Industrv or residential. Examples: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light industrial facilities. 3. Heavv Industrial / Industrv- areater ttian 1 acre. Examples: manufacturing plants, food processing plants, metal working facilities, printing plants, and fleet storage areas (bus, truck, etc.). 4. Automotive repair shoo. A facilitv categorized in anv one of Standard Industrial Classification (SIC) codes 5013, 5014, 5541, 7532-7534, and 7536-7539 5. Restaurants. Anv facilitv that sells oreoared foods and drinks for consumption, including stationarv lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 sguare feet. Restaurants where land development is less than 5,000 sguare feet shall meet all SUSMP reguirements except for structural treatment BMP and numeric sizing criteria reguirements and hydromodification reguirements. 6. Hillside development Anv develooment that creates 5.000 sguare feet of impervious surface and is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five percent (25%) or greater. 7. Environmentallv Sensithie Area fESA)\ All development located within or directly adiacent^ to or discharging directly^ to an ESA (where discharges from the development or redevelopment will enter receiving waters within the ESA), which either creates 2,500 sguare feet of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site to 10% or more of its naturally occurring condition. 8. Parkina lot Area of 5.000 souare feet or more, or with 15 or more parking spaces, and ootentiallv exposed to urban runoff 9. Sfrsefs. roads, hiahwavs. and freewavs. Anv paved surface that is 5,000 sguare feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles 10. Retail Gasoline Outlets. Serving more than 100 vehicles oer dav and greater than 5.000 souare feet 11. Coastal Develooment Zone, Anv oroiect located within 200 feet of the Pacific Ocean and (1) creates more than 2500 sguare feet of impermeable surface or (2) increases impermeable surface on property by more than 10%. 12. More than 1-acre of disturbance, Proiect results in the disturbance of more than 1-acre or more of land and is considered a Pollutant-generating Development Project^. N / 1 Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by tfie State Water Resources Control Board (Water Quality Control Plan fbr 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; and any other equivalent environmentally sensitive areas v^ich have been identified by the Copermittees. 2 "Directly adjacent' means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flovire from the subject development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these Include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are fbr infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. Section 1 Results: .If you answered YES to ANY of the questions above your project is subject to Priority Development Project requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at time of application. If you answered NO to ALL of the questions above, then your project Is subjecj to Standard Stormwater Requirements, (please check the "does not meet PDP requirements" box in Section 3. Yes E-34 Page 2 of 3 REV 3/23/10 CITY OF CARLSBAD PROJECT THREAT O ASSESSMENT WORKSHEET FOR DETERMINATION OF CONSTRUCTION SWPPP TIER LEVEL E-32 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov 1369 Magnolia Avenue Project Storm Water Threat Assessment Criteria* Construction SWPPP Tier Level Significant Threat Assessment Criteria • My project includes clearing, grading or other disturbances to the ground resulting in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, stockpiling, pavement removal, refueling and maintenance areas; or, • My project is part of a phased development plan that will cumulatively result in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, refueling and maintenance areas; or, • My project is located inside or within 200 feet of an environmentally sensitive area (see city ESA proximity map) and has a significant potential for contributing pollutants to nearby receiving waters by way of storm water runoff or non-storm water discharge(s). 2 Moderate Threat Assessment Criteria My project does not meet any of the significant threat assessment criteria described above and meets one or more of the following criteria: • Project requires a grading plan pursuant to the Carlsbad Grading Ordinance (Chapter 15.16 of the Carlsbad Municipal Code); or. Project will result in 2,500 square feet or more of soils disturbance including any associated construction staging, stockpiling, pavement removal, equipment storage, refueling and maintenance areas and project meets one or more of the additional following criteria: • located within 200 feet of an environmentally sensitive area or the Pacific Ocean; and/or, • disturbed area is located on a slope with a grade at or exceeding 5 horizontal to 1 vertical; and/or • disturbed area is located along or within 30 feet of a stonn drain inlet, an open drainage channel or watercourse: and/or construction will be initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). Tier 2 Low Threat Assessment Criteria • My project does not meet any of the significant or moderate threat criteria, is not an exempt permit type (see city's list of permit types exempt from construction SWPPP requirements) and project meets one or more of the following criteria: • results in some soil disturbance; and/or • includes outdoor construction activities (such as roofing, saw cutting, equipment washing, material stockpiling, vehicle fueling, waste stockpiling) Tierl No Threat Proiect Assessment Criteria • My project is in a category of permit types exempt from city construction SWPPP requirements (see city's list of permit types exempt from construction SWPPP requirements) and/or does not meet any of the high, moderate or low threat criteria described above. Exempt *The city engineer may authorize minor variances from the storm water threat assessment criteria in special circumstances where it can be shown that a lesser or higher construction SWPPP tier level is warranted in the opinion of the city engineer E-32 Page 1 of 1 REV 4/30/10 ^ CITY CARLSBAD O F G CONSTRUCTION THREAT Q ASSESSMENT WORKSHEET FOR DETERMINATION OF PROJECT'S PERCEIVED THREAT TO STORM WATER QUALITY E-33 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov 1369 Magnolia Avenue Construction SWPPP Tier Level Construction Threat Assessment Criteria* Perceived Threat to Storm Water Quality Tiers Tier 3 - Hiah Construction Threat Assessment Criteria O Project site is 50 acres or more and grading will occur during the rainy season • Project site is 1 acre or more in size and is located within the Buena Vista or Agua Hedionda Lagoon watershed, inside or within 200 feet of an environmentally sensitive area (ESA) or discharges directly to an ESA • Soil at site is moderately to highly erosive (defined as having a predominance of soils with USDA-NRCS Erosion factors kt greater than or equal to 0.4) • Site slope is 5 tol or steeper • Construction is initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). • Owner/contractor received a Storm Water Notice of Violation within past two years High Tiers Tier 3 - Medium Construction Threat Assessment Criteria Medium Tiers • All projects not meeting Tier 3 High Construction Threat Assessment Criteria Medium Tier 2 Tier 2 Hiah Construction Threat Assessment Criteria • Project is located within the Buena Vista or Agua Hedionda Lagoon watershed, inside or within 200 feet of an environmentally sensitive area (ESA) or discharges directly to an ESA • Soil at site is moderately to highly erosive (defined as having a predominance of soils with USDA-NRCS Erosion factors kf greater than or equal to 0.4) • Site slope is 5 to 1 or steeper • Construction is initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). • Owner/contractor received a Storm Water Notice of Violation within past two years • Site results in one half acre or more of soil disturbance High Tier 2 Tier 2 - Medium Construction Threat Assessment Criteria Medium Tier 2 • All projects not meeting Tier 2 High Construction Threat Assessment Criteria Medium Tierl Tier 1 - Medium Insoection Threat Assessment Criteria Medium Tierl • Project is located within the Buena Vista or Agua Hedionda Lagoon watershed, within or directly adjacent to an environmentally sensitive area (ESA) or discharges directly to an ESA • Soil at site is moderately to highly erosive (defined as having a predominance of soils with USDA-NRCS Erosion factors kf greater than or equal to 0.4) • Site slope is 5 to 1 or steeper IS Construction is initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). • Owner/contractor received a Storm Water Notice of Violation within past two years • Site results in one half acre or more of soil disturbance Medium Tierl Tier 1 - Low Insoection Threat Assessment Criteria Low Tierl • All projects not meeting Tier 1 Medium Construction Threat Assessment Criteria Low Exempt - Not Applicable - | Exempt *The city engineer may authorize minor variances from the construction threat assessment criteria in special circumstances where it can be shown that a lesser or higher amount of stomi water compliance inspection is warranted in the opinion of the city engineer E-33 Page 1 of 1 REV 4/30/10 ^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov SECTION 2 SIGNIFICANT REDEVELOPMENT Complete the questions below regarding your redevelopment project: YES NO 1. Project results in the disturbance of more than 1 -acre or more of land and is considered a Pollutant-generating Development Project (see definition in Section 1). If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) If you answered YES, please proceed to question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 3. Is the project solelv limited to just one of the following: a. Trenching and resurfacing associated with utility work? b. Resurfacing and reconfiguring existing surface parking lots? c. New sidewalk construction, pedestrian ramps, or bike lane on public and/or private existing roads? d. Replacement of existing damaged pavement? If you answered NO to ALL of the questions, then proceed to question 4. If you answered YES to ANY of the questions then you ARE NOT a significant redevelopment and your project is subject to Standard Stormwater Requirements. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on an exis|ing development or, be located within 200 feet of the Pacific Ocean and (l)create more than 2500 square feet of impermeable surface or (2) increases impermeable surface on the property by more than 10%? If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. SECTION 3 Questionnaire Results • My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and must prepare a Storm Water Management Plan for submittal at time of application. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. Applicant Information and Signature Box This Box lor City Use Only Address: Assessor's Parcel Number(s): 1369 Magnolia Ave 205-280-16-00 Applicant Name: Applicant Title: T&M Constuction Inc. Contractor Applicant Signature: Date: June ,2010 By: Toad Kesseler E-34 Page 3 of 3 city Concurrence: YES NO By: Date: Project ID: REV 3/23/10 CITY OF CARLSBAD STANDARD FORM - TIER 1 STORM WATER POLLUTION PREVENTION PLAN STORM WATER COMPLIANCE CERTIFICATE My project Is not in a category ot permit types exempt from tlie Construction SWPPP requirements ^ My project Is not located Inside or within 2(X) feet of an environmentally sensitive area with a significant potential for contributing pollutants to neartjy receiving waters by way of storm water ninoff or non-storm water dlscharge(s). My project does not requires a grading plan pursuant to the Carlsbad Grading Ordinance (Chapter 15.16 of the Carlsbad Municipal Code) <^ My project will not result in 2,500 square feet or more of soils disturtiance including any associated construction staging, stockpiling, pavement removal, equipment storage, refueling and maintenance areas that meets one or more of the additional following criteria: • located within ZOO feet of an environmentally sensitive area or the Pacific Ocean; and/or, • dlsturt>ed area is located on a slope with a grade al or exceeding 5 horizontal to 1 vertical; andtor • disturbed area is located along or within 30 feet of a storm drain Inlet, an open drainage channel or watercourse; and/or • construction will be initiated during the rainy season or will extend Into the rainy season (Oct. 1 through April 30). I CERTIFY TO THE BEST OF MY KNOWLEDGE THAT ALL OF THE ABOVE CHECKED STATEMENTS ARE TRUE AND CORRECT. I AM SUBMITTING FOR CITY APPROVAL A TIER 1 CONSTRUCTION SWPPP PREPARED IN ACCORDANCE WITH THE REQUIREMENTS OF CITY STANDARDS. I UNDERSTAND AND ACKNOWLEDGE THAT I MUST: (1) IMPLEMENT BEST MANAGEMENT PRACTICES (BMPS) DURING CONSTRUCTION ACTIVITIES TO THE MAXIMUM EXTENT PRACTICABLE TO MINIMIZE THE MOBILIZATION OF POLLUTANTS SUCH AS SEDIMENT AND TO MINIMIZE THE EXPOSURE OF STORM WATER TO CONSTRUCTION RELATED POLLUTANTS; AND, (2) ADHERE TO, AND AT ALL TIMES, COMPLY WITH THIS CITY APPROVED TIER 1 CONSTRUCTION SWPPP THROUGHTOUT THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL THE CONSTRUCTION WORK IS COMPLETE AND APPROVED BY THE CITY OF CARLSBAD. Todd Kesseler; T&M Construction Inc. Jime^, 2010 0WNERCS>OWNF.R S AGENT NAME (PRMT) OftWRtSl/OWNER S AGENTNAME (SlGNATUREl STORM WATER POLLUTION PREVENTION NOTES 1. ALL NECESSARY EQUIPMENT AND MATERIALS SHALL BE AVAILABLE ON SITE TO FACILITATE RAPID INSTALLATION OF EROSION AND SEDIMENT CONTROL BMPS WHEN RAIN IS EMINENT. 2. THE OWNER/CONTRACTOR SHALL RESTORE ALL EROSION CONTROL DEVICES TO WORKING ORDER TO THE SATISFACTION OF THE CITY ENGINEER AFTER EACH RUN- OFF PRODUCING RAINFALL. 3. THE OWNER/CONTRACTOR SHALL INSTALL ADDITIONAL EROSION CONTROL MEASURES AS MAY BE REQUIRED BY THE CITY ENGINEERING OR BUILDING INSPECTOR DUE TO UNCOMPLETED GRADING OPERATIONS OR UNFORESEEN CIRCUMSTANCES WHICH MAY ARISE. 4. ALL REMOVABLE PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN THE FIVE (5) DAY RAIN PROBABILITY FORECAST EXCEEDS FORTY PERCENT (40%). SILT AND OTHER DEBRIS SHALL BE REMOVED AFTER EACH RAINFALL 5. ALL GRAVEL BAGS SHALL BE BURLAP TYPE WITH 3/4 INCH MINIMUM AGGREGATE. 6. ADEQUATE EROSION AND SEDIMENT CONTROL AND PERIMETER PROTECTION BEST MANAGEMENT PRACTICE MEASURES MUST BE INSTALLED AND MAINTAINED. SPECIAL NOTES PROJECT INFORMATION Site Address: 1369 Magnolia Ave Assessor's Parcel Number: 205-280-16-00 Project ID: Construction Permit No : Estimated Construction Start Date 11/1/2010 Project Duration 6 Months Emergency Contact: TScM Construction Inc. Name: Todd Kesseler 24 hour Phone: 951-679-9907 Perceived Tiireat to Storm Water Quality ^ Medium ! ^ Ixw If medium box is checked, must attach a site plan sheet showing proposed work area and location of proposed structural BMPs o For City Use Only u CITY OF CARLSBAD STANDARD TIER I SWPPP Approved By; Date: Page 1 of Eros on Co BMPs ntro Sediment Control BMPs Tracking Control BMPs Non-Stonn ater Management BMPs Waste Management and Materials Pollution Control BMPs Best Management Practice (BMP) Description -» Geotextiles & Mats Wood Mulching Earth Dikes and Drainage Swales Slope Drains Silt Fence Sediment Trap Check Dam Fiber Rolls Gravel Bag Benn Street Sweeping and Vacuuming Sandbag Banler Stonn Drain Inlet Protection Stabilized Constmction Ingress/Egress Stabilized Constnxaon Roadway .i 1 l§ s •§ II Paving and Grinding Operatons Potable Water/lirigatkm Vehicle and Equipment Cleaning Material Delivery and Storage Material Use Stockpile Management Spill Prevention and Control Solid waste Management Hazanjous Waste Management Concrete Waste Management CASQA Designation -> Construction Activity EC-7 EC-8 EC-9 EC-11 SE-1 SE-3 2 eo SE-5 SE-6 SE-7 SE-8 SE-10 TR-1 TR-2 NS-1 NS-3 NS-7 NS-8 WM-1 WM-2 m WM-5 WM-6 1 Grading/Soll Disturbance X X X Trenching/Excavation Stockpiling Drilling/Boring Concrete/Asphalt Sawcutting Concreteflatwork (driveway) X Paving Conduit/Pipe Installation Stucco/Mortar V\tori< Waste Disposal Staging/Lay Down Area Equipment Maintenance and Fueling hiazardous Substance Use/Storage Dewatering Site Access Across Dirt Other (list): house construction X X X sanitary »raste WM-9 X o Instructions; Begin by reviewing the list of constmction activities and checking the box to the left of any activity that will occur during the proposed constmction. Add any other activity descriptions in the blank activity description boxes provided for that purpose and place a check in the box immediately to the left of the added activity description For each activity descrribed. pick one or more best management practices (BMPs) from the list located alon the top of the form. Then place an X in the box at the place where the activity row intersects with the BMP column. Do this for each activity that was checked off and for each of the selected BMPs selected from the list. For Example - If the project includes site access across dirt, then check the box to the left of "Site Access Across Dirt". Then review the list for something that applies such as "Stabilized Constmcion Ingress/Egress" under Tracking Control. Follow along the "Site Access Across Dirt" row until you got to the "Stabilized Construction Ingress/Egress" column and place an X in the box where the two meet. As another example say the project included a stockpile that you intend to cover with a plastic sheet. Since plastic sheeting is not on the list of BMPs. then write in "Cover with Plastic" in the blank column under the heading Erosion Conhol BMPs Then place an X in the box where "Stockpiling" row intersects the new "Cover with Plastic" column. To leam more about what each BMP description means, you may wish to review the BMP Reference Handout prepared to assist applicants in the selection of appropriate Best Management Practice measures The reference also explains the Califomia Stormwater Quality Association (CASQA) designation and how to apply the various selected BMPs to a project. Page 2 of_ Chicago Title Company BuiWers Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department; Escrow Department; Chicago Title Company Chicago Title Company Attn: Tom Votel/Ken Cyr Attn: Janine Hudson Email: votelt(g),ctt.com & ken.cvr(a)ctt.com Email: janine.hudson@ctt.com Phone: (619) 521-3553 & (619) 521-3555 Fax: (619)521-3608 Order No.: 930016540-U50 PRELIMINARY REPORT Property Address: 1369 Magnolia Avenue Carlsbad, Ca.92008 Dated as of; FEBRUARY 10,2010 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herem or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that se forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title msurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances ejecting title to the land. CALIFORNL\ LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminaiy Report Fonn - Modified (11-17-06) Page 1 W Order No.: 930016540-U50 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: Anthony G. Cassolato, a married man, as his sole and separate property, subject to exception no. 9 of Schedule B herein. 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form - Modified (11-17-06) W Order No.: 930016540-U50 LEGAL DESCRIPTION THAT PORTION OF TRACT 241 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE WHICH IS SOUTH 61°21'00" WEST, A DISTANCE OF 136.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF MAGNOLL\ AVENUE WITH THE CENTER LINE OF HIGHLAND STREET, SAID POINT BEING ALSO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO RENHOLD BARTHEL AND GERTRUDE F. BARTHEL BY DEED DATED APRIL 24, 1926 AND RECORDED IN BOOK 1180. PAGE 305 OF DEEDS; THENCE SOUTH 28°39'00" EAST ALONG THE WESTERLY LINE OF SAID BARTHEL'S LAND, A DISTANCE OF 318.55 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND CONVEYED TO CARL GUSTAVE SCHLEGEL AND MARION B. SCHLEGEL BY DEED DATED DECEMBER 24, 1925 AND RECORDED IN BOOK 1121. PAGE 465 OF DEEDS; THENCE SOUTH 6r2r00" WEST ALONG THE NORTHERLY LINE OF SAID SCHLEGEL'S LAND, A DISTANCE OF 126.53 FEET; THENCE NORTH 27°27'30" WEST, A DISTANCE OF 318.62 FEET TO THE POINT IN THE CENTER LINE OF MAGNOLIA AVENUE; THENCE NORTH 61°21'00" EAST ALONG THE CENTERLINE OF MAGNOLIA AVENUE, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. APN: 205-280-16 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) ^ Order No.: 930016540-U50 SCHEDULE B At the date hereof, items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2010 - 2011 that are a lien not yet due. 2. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 - 2010 l"* histalhnent: $5,665.11, paid 2°^ Installment: $5,665.11 Penalty and Cost: $576.51 (Due after April 10) Homeowners Exemption: $none Code Area: 09000 Assessors Parcel Number: 205-280-16 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of Califomia 4. Right of the public to use that portion of said land lying within the hereinafter named street as it now exists Street Name: Magnolia Avenue 5. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: $1,000,000.00 Dated: April 20, 2006 Trustor: Anthony G. Cassolato Trustee: Fidelity National Title Insurance Company Beneficiary: Wells Fargo Bank, N. A., a National Association, its successors and/or assigns Loan Number: Cassolato Recorded: April 24. 2006 as Instrument No. 2006-283385 of Official Records 6. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: $205,000.00 Dated: April 20, 2006 Trustor: Anthony G. Cassolato Trustee: American Securities Company Beneficiary: Wells Fargo Bank, N. A. Loan Number: Cassolato Recorded: April 24. 2006 as Instrument No. 2006-283386 of Official Records CLTA Preliminary Report Form - Modified (11-17-06) P^e4 Order No.: 930016540-U50 SCHEDULE B (continued) 7. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: $31,000.00 Dated: April 11, 2008 Trustor: AJ Pacific Homes LLC, a Califomia limited liability company Tmstee: Foreclosure Consultants, Inc., a Califomia corporation Beneficiary: Hoosiers Unlimited, Inc., a Califomia corporation Loan Number: Not shown Recorded: Mav 1. 2008 as Instrument No. 2008-234960 of Official Records An assignment of the beneficial interest under said Deed of Tmst which names: As Assignee: Frank Schaefer, Administrator of Frank Schaefer Constmction, Inc., Pension Plan Recorded: January 22. 2009 as Instrument No. 2009-29269 of Official Records A Notice of Default under the terms of the Deed of Trust Executed By: Action Foreclosure Services, Inc. Recorded: Mav 6. 2009 as Instrument No. 2009-237420 of Official Records A Substitution of Tmstee under said Deed of Tmst which names the substituted Tmstee, the following Tmstee: Action Foreclosure Services, Inc. Recorded: June 15. 2009 as Instrument No. 2009-322315 of Official Records 8. A Tax Lien for the amoimt shown and any other amounts due, in favor of the State of Califomia Amount: $1,383.38 Filed By: Franchise Tax Board Taxpayer: AJ Pacific Homes LLC Certificate No.: 09153607675 Recorded: June 10. 2009 as Instrument No. 2009-314953 of Official Records 9. The Community Interest of the Spouse of the Vestee named below: Vestee: Anthony G. Cassolato 10. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. CLTA Preliminary Report Form - Modified (11-17-06) !5 w W Order No.: 930016540-U50 SCHEDULE B (continued) 11. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a fiill copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Report Form - Modified (11-17-06) Page 6 Order No.: 930016540-U50 INFORMATIONAL NOTES Note No. T. The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in coimection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No. 3: This Company will require the following in order to insure title in, or a conveyance from, the entity named below. Name: Santa Rita Investments Company (Buyer) (A) A copy of the By-Laws or Articles of Association (sometimes known as the "agreement" or "charter"). (B) A copy of a Resolution of the Association approving the present transaction and identifying the subject land. The resolution should also state that the transaction is necessary for the business purposes of the association and should name the parties who are authorized to execute documents for the association. MLM. CLTA Preliminary Report Form - Modified (11-17-06) Order No.: 930016540-U50 INFORMATIONAL NOTES (continued) ATTACHMENT ONE PRIVACY STATEMENT IMPORTANT INFORMATION; For those of vou receiving this report bv electronic deliverv the Privacv Statement and Exclusions From Coverage are linked to this report. Please review this information bv selecting the link. For those of vou who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLTA Preliminary Report Form - Modified (11-17-06) Pages CAGO TITLE INSURANCE COMRfNY Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our aftiliates or others; • From our Intemet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consimier or other reportmg agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, elecfronic and procedural safeguards to protect your Personal Information from imauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiUates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketmg agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otiierwise permitted by ^plicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services: If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (10-21-03) *' ATTACHMENT ONE ^ AMEMCAN LAND TITLE ASSOCIATION RESIDENTIAL TTFLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * improvements on the land * land division * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the pubUc records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking h^ipened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 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 pubtic records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area 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 the expenses resulting from: 1. Any right, interests, os claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the pubUc records. This does not Umit the lien coverage in Item 8 of Covered Title Risks. 3. Any &cts about the land which a correct survey would disclose and which are not shown by the public recor<ls. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCUTION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees tx expenses which arise by reason oi: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the pubhc 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 thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public 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 not excluding from coverage any taking which has occurred prior to Date of PoUcy which woidd be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the pubhc records at Date of Policy, but 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 disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to 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 mortgage or for the estate or interest insured by this policy. UnenforceabiUty of the lien of the insiued mortgage because of the inability or failure of the insured at Date of Policy, or the inability or &ilure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the msured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptey, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. I^oceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rigbts, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof attorneys' fees or expenses) which arise by reason of: 3. Easements, liens or encumbrances, or claims thereof which are not shown by the public records. Discrepancies, conflicts in botmdary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water ri^ts, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11-17-06) Page 10 W ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occiqiancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to die extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the 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 thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the pubHc records at Date of PoUcy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser fi)r value without knowledge. 3. 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 disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured imder this poUcy; (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 the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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 mortgage. Unenforceability of the hen of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or &ilure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the hen of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the hen of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of PoUcy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this poUcy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fi:audulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) die transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the Mure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coveiage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage poUcy will also include the following Exceptions from Coveiage: EXCEPTIONS FROM COVERAGE This policy does not insure against toss or damage (and the Company will not pay costs, 1. Taxes or assessments which are not shown as existing liens by the records of any taxmg authority that levies taxes or assessments on real property or by the pubUc records. Proceedings by a pubhc agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims wliich are not shown by the public records but which could he ascertained by an inspection of the land or which may be asserted by persons in possession thereof attorneys' fees or expenses) which arise by reason of 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, confUcts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the pubhc records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this poUcy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (includmg those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the characto', dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or Umit the coverage provided under Covered Risk 5. Attachment One (11-17-06) (b) Any govertmiental police power. This Exclusion 1(b) does not modify or Umit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit die coverage provided under Covered Risk 7 or 8. Defects, Uens, 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 PubUc Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insived Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,13, or 14); or Page 11 ATTACHMENT ONE (CONTINUED) (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceabilify of the lien of the Insured Mortgage because of the inability or ftiilure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. Invalidify or imenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authorify and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or Umit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy wiU also include the foUowing Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay 1. (a) Taxes or assessments that are not shown as existing Uens by the records of any taxing authorify that levies taxes or assessments on real property or by the Public Records; (b) Proceedings by a pubUc agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the PubUc Records. 2. Any facts, rights, interests, oi claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. costs, attorneys' fees or expenses) that arise by reason of: 3. Easements, liens or encumbrances, or claims thereof; not shown by the PubUc Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title lliat would be disclosed by an accurate and complete land survey of the Land and not shown by the PubUc Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or m Acts authorizing the issuance thereof; (c) water rig^, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. AMERICAN LAND TITLE ASSOCUTION OVTNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded 6om the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occvpaacy, use, or enjoyment of the land; (u) the character, dimensions or location of any improvement now or hereafter erected on the land; (ui) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of PoUcy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubUc records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of PoUcy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encmnbrances, 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 pubUc records at Date of PoUcy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to 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 estate or interest insured by this policy. Any claim, which arises out of the transaction vesting m the insured the estate or mterest insured by this policy, by reason of the operation of federal bankruptey, state insolvency, OT similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fi^udulent conveyance or fi^dulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the friilure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy wiU also mclude the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company wiil not pay costs, 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authorify that levies taxes or assessments on real properfy or by the public records. Proceedmgs by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any &cts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons m possession thereof attorneys' fees or expenses) which arise by reason of 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 &cts which a correct survey would disclose, and which are not shown by the pubUc records. 5. (a) Unpatented nuning claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11-17-06) Page 12 ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company wiU not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regidation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit die coverage provided under Covered Risk 7 or 8. 3. Defects, Uens, 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 PubUc RecOTds at Date of Policy, but Known to the Insured Qaimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimani had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Tifle as shown in Schedule A is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential tt^nsfer fbr any reason not stated in Covered Risk 9 of this policy. Any Uen on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above poUcy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Excq>tions from Coverage: EXCEPTIONS FROM COVERAGE This poUcy does not insure against loss or damage (and the Company will not pay costs, 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authorify that levies taxes or assessments on real properfy or by the PubUc Records; (b) proceedings by a public agency diat may result in taxes or assessments, or notices of such proceedings, whetha or not shown by the records of such agency or by the PubUc Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. attorneys' fees or expenses) that arise by reason of: 3. Easements, Uens or encumbrances, or claims thereof, not shown by die Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Tifle that would be disclosed by an accurate and complete land survey of the Land and that 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 rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions m Schedule B, You are not insured against loss, costs, 1. Governmental poUce power, and die existence or violation of any law or government regulation. This includes oixUnances, laws and regulations conceming: a. building b. zmiing c. Land use d. improvements on the Land e. Land division f environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation OT etiforcement appean in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15,16,17 OT 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemnmg it, unless: attorneys' fees, and expenses resulting from: a. a notice of exercising the right appears in the Public Records at Ihe PoUcy Date; or b. the taking happened before the PoUcy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, OT agreed to by You, whether or not they appear ia the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the PubUc RecOTds at the Policy Date; c. that result in no loss to You; or d. that first occur after the PoUcy Date - this does not limit the coverage described in Covered Risk 7,8.d, 22,23,24 or 25. 5. Failtue to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. Attachment One (11-17-06) 13 ATTACHMENT ONE (CONTINUED) LIMTFATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as foUows: • For Covered Risk 14,15,16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as foUows: Covered Risk 14: Your Deductible Amount 1.00% of Policv Amount or S 2.500.00 (whichever is less) Our Maximum Dollar Limit of Liabilitv $ 10.000.00 Covered Risk 15: 1.00% of Policv Amount or $ 5.000.00 (whichever is less) S 25.000.00 Covered Risk 16: 1.00% of PoUcv Amount or $ 5.000.00 (whichever is less) S 25.000.00 Covered Risk 18: L00%ofPoUcy Amount or $ 2.500.00 (whichever is less) $ 5.000.00 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this poUcy and the Company will not pay loss or damage, costs, attorneys fees or expenses Vfbicb arise by reason of: 1. (a) Any law, OTdinance or governmental regulation (including but not Umited to building and zoning laws, ordinances, OT regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, OT enjoyment of frie Land; (ii) the characto', dimensions or location of any improvement now or hereafter erected on the Land; (iii) a sqiaration in ownership or a change m the dimensions OT areas of the Land OT any parcel of which the Land is or was a pait; or (iv) enviromnental protection, or the effect of any viohition of these laws, ordinances OT governmental regulations, except to the extent that s notice of the enforcement thereof OT a notice of a defect, lien or encumbrance resulting from a violation OT alleged violation affecting the Land has been recOTded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12,13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting firom a violation or aUeged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13,14, and 16 of this policy. 2. Ri^ts of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of PoUcy, but not excluding from coverage any taking which has occurred priOT to Date of Policy which would be binding on the ri^ts of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adv«se claims or other matters: (a) created, su£rere4 assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded m the Public RecOTds at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss OT damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not lunit the coverage provided under Covered Risks 8, 16, 18, 19,20,21,22,23,24,25 and 26); OT (e) resultmg in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. UnenforceabiUty of the Uen of the Insured Mortgage because of the inabilify OT friilure of the Insured at Date of Policy, ot the mabilify OT fiiilure of any subsequent owner of the indebtedness, to comply with applicable doing busmess laws of the state in which the Land is situated. InvaUdify OT unenforceabilify of the lien of die Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, OT any consumer credit protection OT fruth in lending law. Real prc^ierty taxes or assessments of any govorunental authorify which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7,8(e) and 26. Any claim of invalidity, UnenforceabiUty or lack of priority of the lien of the Insured Mortgage as to advances OT modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate OT interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. Lack of priority of the Uen of the Insured Mortgage as to each and every advance made after Date of PoUcy, and all interest charged thereon, over Uens, encumbrances and other matters affecting the tifle, the existence of which are Known to the Insured at: (a) The time of the advance; OT (b) The time a modification is made to the terms of the Insured Mortgage which changes die rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. The feilure of the residential structure, or any portion thereof to have been constructed before, on OT after Date of Policy in accOTdance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public RecOTds at Date of PoUcy. Attachment One (11-17-06) Page 14 (continued) NOTICE You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in Califomia between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must - prior to the close of the current transaction - inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information conceming a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One (11-17-06) Page 15 lllllllll 11 1 11 n rrr llllll! 1 1 •rri 1 Mill lllllllll 1 1 1 1 1 I'M 1 1 .2 ? .4 S a HMUMiniOFMIROI SAN OEco oMirr ASSESSOR'S MAP 205 — 28 II 1" = 100' c HA NC' 751 76 77-7» ft »T OR • MAP 5608-GRECOURT TERRACE MAP 5157-GLENVIEW ESTATES MAP 1681 - THUM LANDS APR 0 3096 o o o CD ATTACHMENT"!" I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER ^7 U \ y^Cjv^oljc^ 4^Ni^uu^ : APPLICANTS HIEF APPLICANT OR APPLICANTS REPRESENTATIVE BY: DATE: 9-^^-10 RECEIVED BY DATE: Kj^J/Xl FILE COPY NOTICE OF EXEMPTION tc rrv r LP' ij li:. iJI jL); To: SD County Clerk t)avidButler,Recorder/CoumyCi.From: CITY OF CARLSBAD Attn: Linda Kesian -^p.- n ,^ ^n-p. Planning Division Mail Stop A-33 ULlZDZUlU^ 1635 Faraday Avenue 1600 Pacific Highway m L. KSSlSfi Carlsbad, CA 92008 San Diego, CA 92101 DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Number and Title: CDP 10-18- 1369 Magnolia Avenue Project Location - Specific: 1369 Magnolia Avenue Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Coastal Development Permit to allow for the demolition of the existing single family home and accessory structure and the construction of a 4.083 square foot, two-story, single family home. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: William Cavanaugh Name of Applicant: Same As Above Applicant's Address: PO Box 235709. Encinitas. CA 92024 Applicant's Telephone Number: (619)507-2727 Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Eineigcncy Project (Section 21080(b)(4); 15269 (b)(c)); lEl Categorical Exemption - State type and section number: Existing Facilities, Section 15301 (1). New Construction or Conversion of Small Structures, 15303(a). • Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: The project is categorically exempt in that it involves the demolition of an existing single family residence and accessory structure and the construction of a new single-family residence in an urbanized area in which all public services are available. Lead Agency Contact Person: Shannon Werneke Telephone: (760) 602-4621 ^HE OFFICE OF THE COUNTY CLERK /O DON NEU, Planning Director , .^^ vounty on fln 1 ^'^f Date . ,y r.ou -'ostecl.Ml.e?^ Rpmnv.H NOV ? 9 7010 Date received tor riling at OPR: Wnv 7 Q onift yoti!rn«cl to aqency on ^ ^ Revised 06/10 CO ru J] J] i-=i CJ ja i-=i a o o • ru a D- o Senf To Street, Apt.'No," or PO Box No. City.'Staie;W+4' PS Form 3800, August 2006 U.S. Postal Service TM XERTIFIED MAILTM RECEIPT j ^^mestic Mail Only; No Insurance Coverage ProM il For delivery information visit our website at www.usDS.com a 1 -* Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees • .Li Y Oli>stmar1<\ \ 22Here . | Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Y Oli>stmar1<\ \ 22Here . | Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees l^b ( Y Oli>stmar1<\ \ 22Here . | Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees \ Y Oli>stmar1<\ \ 22Here . | Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ S,?/ Y Oli>stmar1<\ \ 22Here . | See Reverse for Instructions SENDER: COMPLETEJHIS SECTION ! Complete Items 1,1, . id 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the caixi to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: !i ON DELIVERY A Signature X • Agent • Addressee B. Received by (Printed Name) C. Dale of Del Iwery D. Is pe^^ addifiss^^^^ from hem 1 ? • Ves If YES, enter delivery address below: • No CALIFORNIA COASTAL COMV.'j5ION SAN DIEGO COAST DISTRICT 3. Service Typje >gCertified Mall • Express Mail CJ Registered • Retum Receipt for Maxliandlse • Insured Mail • C.O.D. 4. Restricted Delivery? (Extra Fee) • Ye& 2. Article Number (Transfer from service label) 7Dm DflED DODl bflOl bbSS PS Form 3811, February 2004 Domestic Return Receipt 10259E-02-M-1 5+0 VXARLSBAD Planning Division FILE COPY www.carlsbadca.gov NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON October 22. 2010 Application #: CDP 10-18 Filing Date: October 22. 2010 Decision Date: Case Name: 1369 Magnolia Avenue Applicant: William Cavanaugh. Santa Rita Investment Co. Agent (if different): N/A Address: PO Box 235709. Encinitas. CA 92024 Address: N/A Phone: (619) 507-2727 Phone: N/A October 20. 2010 Project Description: Coastal Development Permit to allow for the demolition of an existing single-family residence and accessory structure and the construction of a 4.083 sguare foot, two-story single family home. Project Location: 1369 Magnolia Avenue ACTION: • APPROVED • APPROVED WITH CONDITIONS DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: ^ NOT APPEALABLE TO THE COASTAL COMMISSION. • APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108-4402, Telephone (619) 767-2370. Attachment: - Location Map to CCC for non-appealable CDPs - Staff Report to CCC for appealable CDPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094 6, which has been made applicable in the City of Carlsbad by Carlsbad l^unicipal Code Chapter 16. Any petition or other paper seething judicial review must be filed in the appropriate court not later than ninety (90) days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad llage Drive, Carlsbad. California 92008. 1535 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4500 F 750-602-8559 .state of California—The Resources Agency DEPARTMENT OF FISH AND GAME 2010 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT* SD2010 1008 STATE CLEARING HOUSE#(ifappi,cabie) LEADAGENCY CITY OF CARLSBAD DATE 10-26-2010 COUNTY/STATE AGENCY OF FILING SAN DIEGO [X)CUMENT NUMBER *20101008* PROJECT TITLE CDP 10-18- 1369 MAGNOLIA AVENUE PROJECT APPLICANT NAME WILLIAM CAVANAUGH PHONENUMBER 619-507-2727 PROJECT APPLICANT ADDRESS P.O. BOX 235709 CITY ENCINITAS STATE CA ZIP CODE 92024 PROJECT APPLICANT (Check appropriate box): Q Local Public Agency Q School District • Other Special District • State Agency IZI Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report Q Negative Declaration Q Application Fee Water Diversion (Sfa(e V\/ater Resources Control Board Only) • Projects Subject to Certified Regulatory Programs CITY OF CARL^' Q County Administrative Fee • Project that is exempt from fees Q Notice of Exemption • DFG No Effect Determination (Form Attached) • Other OCT 2 8 ZOlfl $2,792.25 $2,010.25 $850.00 $949.50 $50.00 $50.00 -ornrnunity & Economic .ibvolojjmenl Departiuen! PAYMENT METHOD: • Cash • Credit • Check • Other 5157 TOTAL RECEIVED $50.00 SIGNATURE X L. Kesian TfTLE Deputy lllllllllllllllllllllllllllllllllllllllllllllll ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY - COUNTY CLERK FG 753.5a (Rev. 7/08) state of Califomia—^The Resources Agency DEPARTMENT OF FISH AND GAME 2010 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT# SD2010 1008 STATE CLEARING HOUSE #(itapplicable) LEAD AGENCY CITY OF CARLSBAD DATE 10-26-2010 COUNTY/STATE AGENCY OF FlUNG SAN DIEGO DOCUMENTNUMBER *20101008* PROJECTTITLE CDP 10-18 - 1369 MAGNOLIA AVENUE PROJECTAPPLICANTNAME WILLIAM CAVANAUGH PHONENUMBER 619-507-2727 PROJECTAPPUCANT ADDRESS P.O. BOX 235709 cnr ENCINITAS STATE CA ZIP CODE 92024 PROJECT APPUCANT (Check appropriate box): Q Local Public /Vgency Q School District Q Other Special District Q State Agency 13 Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report Q Negative Declaration Q Application Fee Water Diversion (State Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs Q County Administrative Fee Q Project that is exempt from fees El Notice of Exemption Q DFG No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit • Checi< • Other 5157 $2,792.25 $2,010.25 $850.00 $949.50 $50.00 $50.00 TOTAL RECEIVED $50.00 SIGNATURE X Kesian TITLE Deputy ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) NOTICE OF EXEMPTION To: SD County Clerk [F D 0= tl ^ From: CITY OF CARLSBAD Attn: Linda Kesian David Butler, Recorder/County cieu-. Planning Division Mall Stop A-33 QPJ 2 o 2AlQ!»\an ^^^^ Faraday Avenue 1600 Pacific Highway Kv^^ Carlsbad, CA 92008 San niegn. CA 97.101 BY_ ^ •~DEPUi'Y Subject: Filing of this Notice of Exemption Is In compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: CDP 10-18- 1369 Magnolia Avenue i f Project Location - Specific: 1369 Magnolia Avenue ' Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Coastal Development Permit to allow for the demolition of the existing single familv home and accessory structure and the construction of a 4,083 square foot, two-story, single family home. ; Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: William Cavanaugh Name of Applicant: Same As Above Applicant's Address: PO Box 235709. Encinitas. CA 92024 Applicant's Telephone Number: (619) 507-2727 Exempt Status: {Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); K Categorical Exemption - State type and section number: Existing Facilities, Section 15301 (1). New Construction or Conversion of Small Structures, 15303(a). • Statutory Exemptions - State code number: • General rule (Section 15061 (b)(3)) Reasons why project is exempt: The project is categorically exempt in that it involves the demolition of an existing single family residence and accessory structure and the construction of a new single-family residence in an urbanized area in which all public services are available. Lead Agency Contact Person: Shannon Werneke Telephone: (760) 602-4621 .^^^ / u^i/ iN THE OFFICE (DF THE COUNTY CLERk/O -^^'/G DON NEU, Planning Director -^n Dieao County nn Ul'' ? 67?lf Date oosted MiJJlL-Removed. Date received for filing at OPR: agency on >Diitv L. KGSl3.n ' Revised 06/10 ^David L. Butler COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 235967120101026 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 26-Oct-2010 13:53 FEES: 50.00 Qty of 1 Fee Notice of Exemption for Ref# NOE: 1008 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com Forms and Applications Frequently Asked Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents FILE COPY NOTICE OF EXEMPTION To: SD County Clerk From: CITY OF CARLSBAD Attn: Linda Kesian Planning Division Mail Stop A-33 1635 Faraday Avenue 1600 Pacific Highway Carlsbad, CA 92008 San Diego, CA 92101 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Number and Title: CDP 10-18- 1369 Magnolia Avenue Project Location - Specific: 1369 Magnolia Avenue ' Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Coastal Development Permit to allow for the demolition of the existing single familv home and accessory structure and the construction of a 4,083 square foot, two-story, single familv home. : > Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: William Cavanaugh Name of Applicant: Same As Above Applicant's Address: PO Box 235709. Encinitas. CA 92024 Applicant's Telephone Number: (619) 507-2727 Exempt Status: {Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); lEl Categorical Exemption - State type and section number: Existing Facilities. Section 15301 (1). New Construction or Conversion of Small Structures. 15303(a). • Statutory Exemptions - State code number: • General rule (Section 15061 (b)(3)) Reasons why project is exempt: The project is categorically exempt in that it involves the demolition of an existing single family residence and accessory structure and the construction of a new single-family residence in an urbanized area in which all public services are available. L^d Agency Contact Person: Shannon Werneke Telephone: (760) 602-4621 DON NEU, Planning Director Date Date received for filing at OPR: Revised 06/10 This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego OCT 15 2010 PLANNING DEPARTMENT I am a citizen of the United States and a resident of the County aforesaid: I ann over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October 08*^ 2010 I certif/ (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California This 08'^ of October 201 e Allshouse NORTH COUNTY TIMES Legal Advertising J PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that ttie Planning Commission of the City ot Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Cal- ifornia, at 6:00 p.m. on Wednesday, October 20, 2010, to consider the following: 1) CDP 10-16:1369 MAGNOLIA AVENUE - Request for approval of a Coastal Development Permit to demolish a single-family residence and detached ac- cessoi> structure and to allow for the construction of a new 4,083 square foot, two-story, single-family residence (including attached garage) on a 0.82-acre lot located at 1369 Magnolia Avenue, within the IVIello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project is exempt from the California Environmental Quality Act. This projact is not located within the appealable area of the California Coastal Commission. ^ 2) PUD 05-13(A1 - LA COSTA OAKS NORTH M & 3J - Request for a de- termination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately de- scribes the activity for the purposes of CEQA; and a recommendation of approval of a Planned Development Permit Amendment for building floor plans, elevations and plotting for the development of 83 single-family detached homes within the Villages of La Costa Oaks North, Neighborhoods 3.4 & 3.5, generally located west of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in Local Facilities Management Zone 11. This project is within the scope of Final Program EIR 98-07 and no further CEQA compliance is required. 3) QUE 10-03 z FLOATIES AQUATIC CENTER - Request for a Conditional Use Permit to allow the Floaties Aquatic Center to operate in a vacant 8,764 square foot office building located within an existing office park on property located at 2704 Gateway Road, in the Planned Industrial (P-M) Zone, in Local Facilities Management Zone 17. The project is exempt from the California Environmental Quality Act. 4) CDP 10-16 : MOORE BEACH RESIDENCE - Request for approval of a Coastal Development Permit to allow for the construction of a new 2,453 square foot single family residence with an attached garage on a . 11 acre lot located at 6485 Surfside Lane within the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 22. The project is exempt from the California Environmental Quality Act. This project is not located within the appealable area of the California Coastal Commission. m \ \ \- to D- IT zr to • • o 1=1 o LH m ru tr o • r- U.S. Postal Service™ CERTIFIED MAIL™ RECEIPT ^ {Domestic Mail Only; No Insurance Coverage P^^ed) For delivery information visit our website at www.usps.comn Postage Certified Fee Return Receipt Fee (Endorsement Required) (.'*• Postmark Here Restricted Delivery Fee (Endorsement Required) California Coastal Commission Attn: Toni Ross Suite 103 Total Postf Sent To Street'ApY} ?:.':°^!'.^. 7575 Metropolitan Drive city.state.2 San Diego, CA 92108-4402 Miiimir-Tii'iiiininiii 1^ 1 SENDER: COMPLETE THIS SECDOW COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. AI& jmplete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. ''^j^ i^^^^f"^^^'^'^^^^ CU Addressee • Complete items 1, 2, and 3. AI& jmplete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. B. Receiifcti b^fflraifed Na/ije) ^ 1 C.,Da1e of Del iueiVv • Complete items 1, 2, and 3. AI& jmplete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1 ? d Ves If YES, enter delivery address below: • No 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 ~7 rz—7 r~ K il ± I'l D. Is delivery address different from item 1 ? d Ves If YES, enter delivery address below: • No 7575 Metropolitan Drive , San Diego, CA 92108-4402 i 3. Service Type ^s.Certified Mail • Express Mail /• Registered lS>Return Receipt forMetcharJise • Insured Mail C.O.D. 7575 Metropolitan Drive , San Diego, CA 92108-4402 i 4. Restricted Delivery? ("Extra Fee.J • Ves 2. Article Number g^^^ ^^^^ (Transfer from seniles label) luui ..JUUU PS Form 3811, February 2004 Domestic Return Receipt 1O2595-02-M-15-*: ^ o o FILE COPY ^wf^ CITY OF /O.fe.yo VXARLSBAD Planning Department www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, October 20,2010, to consider a request for the following: CASE NAME: CDP 10-18 - 1369 Magnolia Avenue PUBLISH DATE: October 8, 2010 DESCRIPTION: Request for approval of a Coastal Development Permit to demolish a single-family residence and detached accessory structure and to allow for the construction of a new 4,083 square foot, two-story, single-family residence (including attached garage) on a 0.82-acre lot located at 1369 Magnolia Avenue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/planning/pcvideo.html on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Shannon Werneke in the Planning Division at (760) 602-4621, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. • Coastal Commission Appealable Project: I I This site is located within the Coastal Zone Appealable Area. 1^ This site is not located within the Coastal Zone Appealable Area. X Application deemed complete: 09/07/2010 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CITY OF CARLSBAD ^^PLANNING DIVISION 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 © SITE IVI AP NOT TO SCALE 1369 Magnolia Avenue CDP 10-18 Ln IT a a a CD m ru ru [T • p- U.S. Postal Service™ CERTIFIED MAIL™ RECEIPT^ ^ (Domestic Mail Only; No Insurance Coverage led) For deliverv information visit our website at www.usps.com® r f' I 1 A Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Hera Total postar caNforTiia Coastal Commission Attn: Toni Ross Suite 103 Sent 7b orPOBQxNc 7575 Metropolitan Dnve Wstetez/ U\ego, CA 92108-4402 PS Form 38Q lasiia rsc tor Instructions^ SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. ,o complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 COMPLETE THIS SECTION ON DEUyERY D. Is delivery address different from ilen 1 ? Q Ves If YES, enter delivery address below: • IN o 3. Service Type iS4:;ertified Mail • Express Mail • Registered Return Receipt for Meichandlse • Insured Mail • C.O.D. 4. Restricted Delivery? (Extra Fee) • Ves 2. Article Number (Transfer from service label) 7D0T SESQ DDDO SMIT %7i5 °S Form 3811, February 2004 Domestic Return Receipt 1C25«i-02-M-1S40 .^x c o FILE COPY CITY OF -S-S/'/O ViCARLSBAD Planning Department www.carlsbadca.gov I EARLY PUBLIC NOTICE I PROJECT NAME: 1369 Magnolia Avenue PROJECT NUMBER: CDP 10-18 This early public notice is to let you know that a development application for a new residence within your neighborhood was submitted to the City of Carlsbad on July 19, 2010. The project application is undergoing its initial review by the City. LOCATION: 1369 Magnolia Avenue PROJECT DESCRIPTION: The applicant is requesting approval of a Coastal Development Permit for the demolition of the existing single story home and detached garage and the construction of a 3,430 square foot, two-story, manufactured single- family home with an attached two-car garage. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Shannon Werneke, Associate Planner at shannon.werneke@carlsbadca.gov, (760) 602-4621, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® SITE IVI AP N NOT TO SCALE 1369 Magnolia Avenue CDP 10-18 SITE PLAN-PLOT PLAN FOR 1369 MAGNOLIA AVENUE CDP-n-w sn i*xiis MOP r xiiei mtBM. PROJECT DESCRIPTION: OEMOuw Eiasmc i BBJROM. f aniwnw MCVSE t ttxessatr snuciuc- KnMX « ww X*JO so-rr. 2-%Tair.4 mumn i WMKKH SO-ft nc CM CMACCJDS SO-fT COmtS NKH. MD ZD SI}-n*TK. LEGAL DTSCRPVON: Mir paRiUN OF mcr ?«t or MT nut UMK; W mr on- or CMUSW axwrr OF SM occa IMIE (T CKUFDW^ AcaxatK ro w DCKEIF «a ram. ns) w nc omcc <r we cotMrr NCCIMO OF SWOFQD cnuHrr orcEMOi s. tps. 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MIE* OSIIKr 10 nor fl McuMc iwr; 1.27 0«UNC UMi; PER tOK ICMtCMACE 2 CM> CMIMX SSO GPO I ESU ^tX 3Z*n 9/ 3S.WS SF tmiS7 SF/J5AJ5 y •MS PBOJECF SIIE I C/E MIB): -Mr 29X AH) Ori OF CMLWO n« FILE •UlSDf K lOO-IEAfI FIOOD POM qui. £waw£Ei;: tWONEER OF 1IOHK: BARGER ENGINEERING ENGINEER or WORK OATE: R.C.E.: J451B Cirr APPROVED CHANGES DESCRimON: SET Z.S" DISK W HQRm CUWB FACE y CARLSBAO VILLACE DR)^. - DATUM: t<AWD B6 PBWATE COWTHACr CITY OF CARLSBAD iPf^ * II ENOIWEERINQ XPftBTt<EWT \\ I _ SnEPLAIHVJrPLAHPOR eniuoMauAAmuE APPROlltO: CLEN K SEMIOB ClWL EWONtER PE 4 om er . CHKO BY _ RWe BY: . DRAMNC It u Ul z e z HI as IU or. 1^ SS UJQ. Pni)»9«: CDP 10-18 FINISH GRADE' EXISTING GRADE-' NORTH SIDE ELEVATION r 4' I tid llllll S«LE1M"-1'.<r Palm Harbor Homes COPYRIGHT ©2010 Palm Harbor Homss, Inc. All FUghts Reserved Tempe, AZ 02 GeoN. 8/21/10 CDP 10-18 Capistrai A-106 North Elevation Rav. By.- Approvals Sheet: Page 8 of 8 ASPHALT SHtlCLES 15# FELT PAPER PRMe TRM FAQA VENIED SMART PANEL SOFFIT 5 1 50. fN. POf tfl* FT, SMART PLANK SDINC 1st Story 108" Sidewall 2nd Story 96" Sidewall WEST ELEVATION EAVE DETAIL r 4' SCALE-1M' = r^r COPYRIGHT ©2010 Palm Harbor Hornet, Inc All Rights Reserved Tempe, AZ Ptant 02 Sr. GeoN. °^ 8/21/10 CDP 10-18 Modd Numtiar Capistra^^^ Numbir A-103^ ' Mgnrion: West Elevation Rav. By:- Approvals 3rdPwty; u Sheet; Page 5 of 8 A c 4'^ CITY OF VICARLSBAD Planning Division www.carlsbadca.gov September?, 2010 Steven Barger Barger Engineering 2651 Gianelli Lane Escondido, CA 92025 SUBJECT: CDP 10-18 - 1369 MAGNOLIA AVENUE, CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Sections 15301(1), Existing Facilities, and 15303(a), New Construction or Conversion of Small Structures. No environmental review is required for the project. Please be advised that the City is required to file a Notice of Exemption form with the County Clerk's Office. The County requires a $50 filing fee, which the City collects from the applicant. Upon approval of the project, please submit a check for $50 payable to San Diego County Clerk to Shannon Werneke, project planner. For additional information related to this CEQA applicability/process determination, please contact the project planner. Shannon Werneke, at (760) 602-4621 or shannon.werneke@carlsbadca.qov. Sincerely, DON NEU, AlCP Planning Director DN:SW:bd c: Mr. William Cavanaugh, P.O. Box 235709, Encinitas, CA 32024 Mr. Todd Kesseler, T&M Construction Inc., 140 E. Stetson Avenue, Ste. 301, Hemet, CA 92543 Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 750-602-4600 F 760-602-8559 ® PROJECT NUMBER: BUILDING ADDRESS: Discretionary Review Checklist CDP 10-18 1369 Magnolia Av PROJECT DESCRIPTION: S.FD. ASSESSOR'S PARCEL NUMBER: 205-280-16-00 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of pennit to build. DENIAL Please see the attached report of deficiencies marked with El. IVIal<e necessary corrections to plans or specifications for compliance with ^applicable codes and standards. Submit corrected Dians and/or specifications to this office for review. Date: Date: Date: ATTACHMENTS Plans are approved by FIRE. They should indicate that fire sprinklers shall be provided In accordance with applicable codes and ordinances as Indicated below. Items checked below are provided as a reminder to Internal sources that AS may be required. FIRE DEPARTMENT CONTACT PERSON NAME: Gregory L Ryan Fire Specialist II ADDRESS: 1635 Faraday Ave Carlsbad, GA 92008 PHONE: (760) 602-4663 REVIEW CHECKLIST SITE PLAN .j STi 2^01 3RDi • • • 1. Access: • Fire Department access inadequate. Provide fire access road in accordaice with CMC 17.04.010. This access shall provide an unobstructed width of 24 feet, and a unobstructed vertical clearance or "clear-to-sky". • Gates. Gates securing access roads shall provide a clear opening erf 16 feet in width, be provided with Optical pre-emptive sensing equipment and an approved keyed override switch • Dead-End access. Dead-end streets, aisles and driveways in excess of 150 linear feet shall be constructed in such a manner that fire apparatus can maneuver to reverse direction on the road. Or must provide appropriately designed turn-around. I Fire Access Road surface. The surface of all fire department access routes shall be of an impervious "all-weather" surface material, designed to carry a minimum load of 75,000 pounds axel weight. • Alternative road surface. Alternative road surface materials such as turf block or grass crete may be approved by the Chief if; the applicant requests by letter for an approval of the use of Alternate Means and Materials and provide performance specifications and construction details which have been reviewed and certified by a licensed engineer. • Fire Lanes. If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. WATER IMPROVEMENT ^STii • • • 1. Hydrants Additional on-site public water mains and fire hydrants are required. • Provide additional fire hydrants at intervals of 300 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. • Provide additional fire hydrants at intervals of 500 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. • Provide additional fire hydrants at intervals of 1000 feet along public streets LANDSCAPE • • • 1. Distance form structure or building to brush. • Indicate the distance from each structure to existing native vegetation or wildland area. n Rear yard set-backs. Provide dimensions from rear property line to structure • Fire control planting. Indicate how the proposed plan confomris to the City of Carlsbad Landscape Guidelines by depicting various fire control plantings or management zones which buffer structures from the hazards of undisturbed native vegetation. • Fire Control maintenance responsibility. Provide a maintenance plan which identifies who will be responsible for periodic fire control maintenance, how it will be accomplished, what maintenance benchmarks or standards are proposed and how they will be documented. • Access for emergency vehicles and maintenance. Provide access to all designated fire suppression zones for emergency vehicles and maintenance. FIRE SPRINKLERS • • • 1. An automatic fire sprinkler system is required for this project because: • In accordance with Carlsbad Residential and Fire Codes effective January 1, 2011, all residential properties regardless of size or location not permitted for construction prior to January 1, 2011 shall be provided with an approved automatic fire sprinkler system. • This project is located on a street that does not meet the minimum street width of twenty-eight (28) feet in a fire hazard zone. • This project is accessed from a Private street or driveway less than 24 feet width. • This project is located on a street, access roadway or driveway that exceeds the maximum gradient of 10.0% (5.7degrees). • This project is located less than ten (10) feet from adjacent buildings (eave to eave) • The center or the furthest most wall or projection of the dwelling exceeds 150 feet from the "Center-line" of the nearest fire department access. This distance is measured along a patii ttiat simulates ttie route a firefigtiter may take to access all portions of ttie exterior of a structure from ttie nearest pubtic road or fire access road. D This project exceeds or expands the aggregate floor area of five-thousand (5,000) square feet. Mezzanines and garages shall be included In the aggregate square footage calculation. Detached buildings such as cabanas, pool houses, 'granny flats' and the like shall be included in the total square footage if they meet any of the above conditions. • • • 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. • • • 3. Submit fire sprinkler plans (deferred) to the Fire Department for review. WATER METERS • • • 4. You will be required to install a one inch (1") or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. CITY OF CARLSBAD PLANNING DEPARTMENT REQUEST FOR CONDITIONS ALSO fe VjtlV DATE: AUGUST 31. 2010 FINAL REVISED PLANS INCLUDED ^ TO: LAND DEVELOPMENT ENGINEERING - TERIE ROWLEY • POLICE DEPARTMENT-J. SASWAY ^ FIRE DEPARTMENT - JAMES WEIGAND • BUILDING DEPARTMENT-WILL FOSS • RECREATION - MARK STEYAERT • LANDSCAPE PLANCHECK CONSULTANT - PELA • PARKS/TRAILS - LIZ KETABIAN • M & O - CMWD - STEVE PLYLER •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR CONDITIONS ON PROJECT NO(S): CDP 10-18 PROJECT TITLE: 1369 MAGNOLIA AV APPLICANT: STEVE BARGER PROPOSAL: SINGLE FAMILY HOME Please review and subnnit written conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 09/17/2010. If you have "No Conditions", please so state. Please note that time Is of the essence, as the staff report preparation has begun. If you have any questions, please contact Shannon Werneke. at ext. 4621. THANK YOU COMMENTS: ^.^^ Signature f Date Request for Conditions 3/10 PROJECT NUMBER: BUILDING ADDRESS: Discretionary Review Checklist CDP 10-18 1369 Magnolia Av PROJECT DESCRIPTION: S.RD. ASSESSOR'S PARCEL NUMBER: 205-280-16-00 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: g. •Rycm/ Date: 9/13/10 DENIAL Please see the attached report of deficiencies marked with [El. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: By: By: Date: Date: Date: ATTACHMENTS Plans are approved by FIRE. They should indicate that fire sprinklers shall be provided In accordance with applicable codes and ordinances as indicated below. Items checked below are provided as a reminder to internal sources that 21 maw ho roniiirarl FIRE DEPARTMENT CONTACT PERSON NAME: Gregory L Ryan Fire Specialist II ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4663 K: FIRE PLAN REVIEWMO PLAN CHECKS\CDP\CDP 10-18 1369 Magnolia Av-fire.docx REVIEW CHECKLIST SITE PLAN • • • 1. Access: • Fire Department access inadequate. Provide fire access road in accordance with CMC 17.04.010. This access shall provide an unobstructed width of 24 feet, and a unobstructed vertical clearance or "clear-to-sky". • Gates. Gates securing access roads shall provide a clear opening of 16 feet in width, be provided with Optical pre-emptive sensing equipment and an approved keyed override switch • Dead-End access. Dead-end streets, aisles and driveways in excess of 150 linear feet shall be constructed in such a manner that fire apparatus can maneuver to reverse direction on the road. Or must provide appropriately designed turn-around. I Fire Access Road surface. The surface of all fire department access routes shall be of an impervious "all-weather" surface material, designed to carry a minimum load of 75,000 pounds axel weight. • Alternative road surface. Alternative road surface materials such as turf block or grass crete may be approved by the Chief if; the applicant requests by letter for an approval of the use of Alternate Means and Materials and provide performance specifications and construction details which have been reviewed and certified by a licensed engineer. • Fire Lanes. If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. WATER IMPROVEMENT .| STa 2^01 3RD1S • • • 1. Hydrants Additional on-site public water mains and fire hydrants are required. D Provide additional fire hydrants at intervals of 300 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. • Provide additional fire hydrants at intervals of 500 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. • Provide additional fire hydrants at intervals of 1000 feet along public streets LANDSCAPE .j STi 2^011 3RD11 • • • 1. Distance form structure or building to brush. • Indicate the distance from each structure to existing native vegetation or wildland area. • Rear yard set-backs. Provide dimensions from rear property line to structure • Fire control planting. Indicate how the proposed plan conforms to the City of Carlsbad Landscape Guidelines by depicting various fire control plantings or management zones which buffer structures from the hazards of undisturbed native vegetation. • Fire Control maintenance responsibility. Provide a maintenance plan which identifies who will be responsible for periodic fire control maintenance, how it will be accomplished, what maintenance benchmarks or standards are proposed and how they will be documented. • Access for emergency vehicles and maintenance. Provide access to all designated fire suppression zones for emergency vehicles and maintenance. FIRE SPRINKLERS |STm 2^°™ 2l^°^ • • • 1. An automatic fire sprinkler system is required for this project because: • In accordance with Carlsbad Residential and Fire Codes effective January 1, 2011, all residential properties regardless of size or location not permitted for construction prior to January 1, 2011 shall be provided with an approved automatic fire sprinkler system. • This project is located on a street that does not meet the minimum street width of twenty-eight (28) feet in a fire hazard zone. • This project is accessed from a Private street or driveway less than 24 feet width. • This project is located on a street, access roadway or driveway that exceeds the maximum gradient of 10.0% (5.7degrees). • This project is located less than ten (10) feet from adjacent buildings (eave to eave) • The center or the furthest most wall or projection of the dwelling exceeds 150 feet from the "Center-line" of the nearest fire department access. 777/5 distance is measured along a path that simulates the route a firefighter may tat<e to access all portions of the exterior of a structure from the nearest public road or fire access road. a This project exceeds or expands the aggregate floor area of five-thousand (5,000) square feet. Mezzanines and garages shall be included in the aggregate square footage calculation. Detached buildings such as cabanas, pool houses, 'granny flats' and the like shall be included In the total square footage if they meet any of the above conditions. ™^ • • 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. • • 3. Submit fire sprinkler plans (deferred) to the Fire Department for review. WATER METERS • • 4. You will be required to install a one inch (1") or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. FILE COPY CITY OF CARLSBAD PLANNING DEPARTMENT REQUEST FOR CONDITIONS DATE: SEPTEMBER 9, 2010 FINAL REVISED PLANS INCLUDED TO: • LAND DEVELOPMENT ENGINEERING-TERIE ROWLEY • POLICE DEPARTMENT-J. SASWAY 13 FIRE DEPARTMENT-JAMES WEIGAND • BUILDING DEPARTMENT-WILL FOSS • RECREATION - MARK STEYAERT • LANDSCAPE PLANCHECK CONSULTANT - PELA • PARKS/TRAILS - LIZ KETABIAN n M & O- CMWD - STEVE PLYLER •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR CONDITIONS ON PROJECT NO(S): CDP 10-18 PROJECTTITLE: 1369 MAGNOLIA AVENUE APPLICANT: T&M CONSTRUCTION/TODD KESSELER PROPOSAL: CONSTRUaiON OF A NEW SINGLE FAMILY RESIDENCE; DEMOLISH EXISTING HOME Please review and submit written conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, by 09/29/10. If you have "No Conditions", please so state. Please note that time is of the essence, as the staff report preparation has begun. If you have any questions, please contact SHANNON WERNEKE, at 4621. THANK YOU COMMENTS: c: File Request for Conditions 3/10 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: AUGUST 23,2010 REVIEW NO: TO: ^ Engineering, Developnenf^i^Tces^ Rowley S"^*-^^ ihokh^-*=^ n Police Departnnent - J. Sasway • Fire Department - James Weigand • Building Department - Will Foss O Recreation - Mark Steyaert • Public Works Department (streets) - Thomas Moore • Water/Sewer District O Landscape Plancheck Consultant - PELA • School District • North County Transit District - Planning Department • Sempra Energy - Land Management O Caltrans (Send anything adjacent to 1-5) O Parks/Trails - Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): CDP 10-18 PROJECT TITLE: 1369 MAGNOLIA AVENUE APPLICANT: T&M Construction/Todd Kesseler PROPOSAL; Construction of a new single familv residence; demolish existing home. Please review and submit written comments and/or conditions to PLANNING TRACKING DESK, in the Planning Division at 1635 Faraday Avenue, by 09/13/10 . If you have "No Comments", please so state. COMMENTS; /l^/^A?^^^^ ^ DATE; PLANS ATTACHED Review & Comment 09/07 A}} CITY OF ^ ^ CARLSBAD Memorandum September 1, 2010 To: Shannon Werneke, Project Planner From: Steve Bobbett, Project Engineer Via: Glen Van Peski, Senior Civil Engineer Re: PROJECT ID: CDP 10-18 PROJECT NAME: 1369 MAGNOUA AV APN: 205-280-16 SECOND COMPLETENESS AND ISSUES REVIEW Land Development Engineering has completed the first review of the above-referenced project for the application's completeness and for engineering issues of concern. The application and plans submitted are complete as submitted. Below we have listed incomplete items that should be submitted or addressed prior to the project receiving a complete review. Below we have listed Engineering Comments that should be forwarded to the applicant and made a part of the project record. ENGINEERING COMMENTS: 1. Developer acknowledges upcoming hydromodification (runoff reduction) requirements may impact how this project treats and/or retains storm runoff. Current interim hydromodification criteria may be reviewed on the City's website at http://www.carlsbadca.gov/business/buildinK/Documents/EnRStandsw-stds-vol4- ch2.pdf. Note that these are interim requirements and will be superseded by updated hydromodification criteria which will be incorporated into the City's Standard Urban Stormwater Management Plan (SUSMP) subsequent to approval of the hydromodification plan by the State Regional Water Board. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city engineer. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CITY OF CARLSBAD PLANNING DEPARTMENT REQUEST FOR CONDITIONS FILE COPY DATE: AUGUST 31. 2010 FINAL REVISED PLANS INCLUDED K TO: ^ LAND DEVELOPMENT ENGINEERING - TERIE ROWLEY • POLICE DEPARTMENT-J. SASWAY lEI FIRE DEPARTMENT-JAMES WEIGAND • BUILDING DEPARTMENT - WILL FOSS • RECREATION - MARK STEYAERT • LANDSCAPE PLANCHECK CONSULTANT - PELA • PARKS/TRAILS - LIZ KETABIAN • M & O - CMWD - STEVE PLYLER *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR CONDITIONS ON PROJECT NO(S): CDP 10-18 PROJECT TITLE: 1369 MAGNOLIA AV APPLICANT: STEVE BARGER PROPOSAL: SINGLE FAMILY HOME Please review and submit written conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 09/17/2010. If you have "No Conditions", please so state. Please note that time is of the essence, as the staff report preparation has begun. If you have any questions, please contact Shannon Werneke. at ext. 4621. THANK YOU COMMENTS: Signature Date Request for Conditions 3/10 . ^ CARLSBAD Memorandum August 18, 2010 To: Steve Bobbett, Associate Engineer From: Shannon Werneke, Associate Planner Re: MS 10-04,1369 Magnolia Avenue, 1*' Review Planning Department staff has completed a preliminary review of the above-noted Minor Subdivision. Please be advised that additional items of concern may be identified upon the submittal of the revised plans. For additional information, please contact Shannon Werneke at (760) 602-4621. 1. Pursuant to CMC Section 21.10.100, the authority for the approval of 2 or more panhandle lots shall be the Planning Commission. Please be advised that the subject Minor Subdivision cannot be approved until the Planning Commission approves the PCD. Therefore, please submit an application for a Planning Commission Determination (PCD) to the Planning Department. In addition, if you wish to process the homes concurrently with the PCD, a Coastal Development Permit (CDP) will also be required. If you wish to process the CDP for the homes separately, please remove reference to the plotting of the homes for Lots 2 and 3 on the MS and PCD plans. 2. Please revise the lot coverage calculations to reflect the definition pursuant to CMC Section 21.04.061, "Building Coverage." 3. Please provide the accurate dimensions for the lot width for Lot 1. The western property line should be shared with the flag portion of Lot 2. 4. Add reference note that the plotting and architecture for Lot 1 is being processed separately pursuant to CDP 10-18. 5. Please revise the owner information on the cover page to reflect the current ownership. 6. Please provide a separate exhibit in MS plans which depicts the layout of the lots, dimensions of each of the lots, proposed access easements, and driveway width. It is currently difficult to provide comments given all of the information which has been included on one site plan. 7. To provide privacy from/to the adjacent residents, a 6' tall solid fence will be required (as part of PCD process) around the perimeter of the property (instead of 5' tall wrought iron fence shown on MS plans). Please revise the plans to reflect this. 8. Please extend the terminus of the driveway for Lot 3 and additional 5-10' feet to the south to provide a guest parking space. Please confirm with the Fire Department that this can be implemented. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax ' MS 10-04 ^ ^ August 18, 2010 Page 2 9. Please increase the width of the driveway for Lot 2 an additional 9-10' so a guest parking space can be provided (in front of porch, minimum width should be 9'). 10. Label the use of detached accessory structure on Lot 1 and indicate whether it is to remain (as a part of CDP 10-16). 11. Please revise the plot plans for the home proposed on Lot 1 to reflect any changes made to address the comments associated with CDP 10-18 (so setbacks can be verified since new lot lines are being proposed). 12. Please revise the plans so the elevations of the existing topographical contours are legible. 13. Please identify the proposed property lines for the panhandle lots in Cross Section C and all other cross sections as applicable (please see redlines). 14. The driveway width through the panhandle lots is required to be 20 feet until it intersects with the driveway for Lot 2. At this point, the driveway can begin to transition to 14' since it will only be serving one lot. Please revise the plans accordingly. 15. Please remove "Building Area" calculations from "General Information." 16. If the Coastal Development Permit for the homes is going to be processed separate from the PCD, please remove all references to the homes on the plans. 17. Please identify the location/height of any existing retaining walls along the perimeter of the property. 18. Please see Planning redlines for additional clarifications re: above comments. ^ CITY OF CARLSBAD ^ REVIEW AND COMMENT MEMO DATE: JULY 20. 2010 PROJECT NO(S): CDP 10-18 REVIEW NO: 1 PROJECTTITLE: 1369 MAGNOLIA AV APPLICANT: T&M CONSTRUCTION TO: ^ Land Development Engineering-Terie Rowley I 1 Police Department-J. Sasway IXI Fire Department-James Weigand IXI Building Department-Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Thomas Moore I I Water/Sewer District ..^i4 Laml'if'i'pf' nbirrlTTm'trrTmit^ A I I School District I I North County Transit District - Planning Department I I Sempra Energy - Land Management I I Caltrans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian "^ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by AUGUST 9. 2010. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. COMMENTS: *S^r^ A^tt^^lM^ <r^M.*</CtU^^ sXgW. ^U^/<^ 1 ' not£ Signature ' Date PLANS ATTACHED Review & Comment 03/10 PROJECT NUMBER: BUILDING ADDRESS: Discretionary Review Checklist CDP 10-18 PROJECT DESCRIPTION: 1369 Magnolia Av Carlsbad CA 92008 Const of 3900 SF SFR ASSESSOR'S PARCEL NUMBER: 205-280-16 APPROVAL FIRE DEPARTMENT The item you have submitted for review has been approved. The approval is based on plans, infomiation and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with Instructions in this report can result in suspension of permit to build. By: g.RycMT/ Date: 08/09/10 DENIAL Please see the attached report of deficiencies marked with [El. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: By: By: Date: Date: Date: ATTACMENTS: Effective January 1, 2011 all Single Family Residences shall be required to have installed Automatic Fire Sprinkler Systems. Ifthe Building permit is not issued prior to that date then AFS shall be required FIRE DEPARTMENT CONTACT PERSON Name: Gregory Ryan. Fire Specialist II City of Carlsbad ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: 760.602.4663 K:\Fire Plan ReviewMO Plan Checks\CDP 10-18 1369 Maonolia Av SFR.docx CITY OF CARLSBAD ^^^U^g^f REVIEW AND COMMENT MEMO ^ DATE: JULY 20. 2010 PROJECT NO(S): CDP 10-18 REVIEW NO: 1 PROJECTTITLE: 1369 MAGNOLIA AV APPLICANT: T 8i M CONSTRUCTION TO: ^ Land Development Engineering-Terie Rowley I I Police Department - J. Sasway IXI Fire Department-James Weigand 1X1 Building Department - Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Thomas Moore I I Water/Sewer District .ri!^" Landscape "PliwehGck Con3ultant«»=^febft». I I School District I I North County Transit District - Planning Department I I Sempra Energy - Land Management I I Caltrans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian *ALWAYSSEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by AUGUST 9. 2010. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. COMM^ENTS: <<^^^^>../ /^^^ ^/7^ /^4^y Signature Date PLANS ATTACHED Review & Comment 03/10 <£»;^ CITY OF ^ CARLSBAD Memorandum August 9, 2010 To: Shannon Werneke, Project Planner / From: Steve Bobbett, Project Engineer jl' Via: Glen Van Peski, Senior Civil Engineer Re: PROJECT ID: CDP 10-18 PROJECT NAME: 1369 MAGNOLIA AV APN: 205-280-16 FIRST COMPLETENESS AND ISSUES REVIEW Land Development Engineering has completed the first review of the above-referenced project for the application's completeness and for engineering issues of concern. The application and plans submitted are incomplete as submitted. Below we have listed incomplete items that should be submitted or addressed prior to the project receiving a complete review. ENGINEERING INCOMPLETE ITEMS: 1. The preliminary report submitted with the project shows title to the property vested in Anthony G. Cassolato. Please revise the applications, signatures and plans to show ownership per the preliminary report or submit a current preliminary report showing ownership as represented on the applications and plan. 2. The site plan as submitted used a modified County of San Diego Grading plan template. Please coordinate with the Project Planner to revise the format as needed. 3. Revise the driveway cross section B-B to reflect the varying cross slope between 10% at the back of sidewalk and 0% at the face of the garage. 4. Clarify the finish slab elevation of the garage. 5. Clarify how runoff is prevented from entering the garage. Provide additional spot elevations and flow arrows. 6. Incorporate the 4' x 1' berm shown on Section B-B to the plan view contours or delete Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CDP 10-18 ^ ^ August 9, 2010 Page 2 from the section. 7. Show location of existing public sewer main, proposed public sewer main extension and proposed sewer lateral. 8. Show location of existing public water main, existing water service, and existing water meter. Verify the size and adequacy of the existing water meter with the Fire Department. 9. Relocate illegible text conflicting with line work, typical as shown on the site plan. 10. Show proposed improvements listed in legend or delete the items from legend, typical as shown on the site plan. Below we have listed Engineering Comments that should be forwarded to the applicant and made a part of the project record. ENGINEERING COMMENTS: 1. The Construction Threat Assessment Worksheet E-33 should show the Construction SWPPP Tier Level to be Tier 2 [determined by the Project Storm Water Threat Assessment Worksheet E-32] High' rather than 'Tier 1 Medium'. Please revise Worksheet E-33 and resubmit. 2. Developer acknowledges upcoming hydromodification (runoff reduction) requirements may impact how this project treats and/or retains storm runoff. Current interim hydromodification criteria may be reviewed on the City's website at http://www.carlsbadca.gov/business/building/Documents/EngStandsw-stds-vol4- ch2.pdf. Note that these are interim requirements and will be superseded by updated hydromodification criteria which will be incorporated into the City's Standard Urban Stormwater Management Plan (SUSMP) subsequent to approval of the hydromodification plan by the State Regional Water Board. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city engineer. 3. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate source control. c o CDP 10-18 ^ ^ August 9, 2010 Page 3 site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 4. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's SUSMP. These measures include, but are not limited to: A) Reducing the use of new impervious surfaces (e.g.: paving), B) Designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas). Please advise of pending project determination to allow sufficient time for completion of Engineering Conditions to be a part of the project approval. If you or the applicant has any questions, please either see or contact me at 760-602-2747 or via e-mail at steve.bobbett@carlsbadca.gov. Steve Bobbett Associate Engineer Land Development Engineering Attachment: Redlined copy of site plan date stamped Jul 19 2010 PLANNING if o CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JULY 20. 2010 PROJECT NO(S): CDP 10-18 REVIEW NO: 1 PROJECT TITLE: 1369 MAGNOLIA AV APPLICANT: T 8i M CONSTRUCTION TO: • • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - James Weigand Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Thomas Moore Water/Sewer District 4^eihd^Li^ij51^ancReclRJoM^^ School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •^ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by AUGUST 9. 2010. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: 10 Signature Date PLANS ATTACHED Review & Comment 03/10 ^ CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JULY 20. 2010 FILE COPY PROJECT NO(S): CDP 10-18 REVIEW NO: 1 PROJECTTITLE: 1369 MAGNOLIA AV APPLICANT: T 8i M CONSTRUCTION TO: ^ Land Development Engineering-Terie Rowley I I Police Department - J. Sasway IX Fire Department - James Weigand IX Building Department-Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Thomas Moore I I Water/Sewer District ^•^^X&wiiacspc PtimcTTeLk Ceiii>u^!^=igfeV I I School District I I North County Transit District - Planning Department I I Sempra Energy - Land Management I I Caltrans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by AUGUST 9. 2010. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 03/10 <i^^ CITY OF V (CARLSBAD Planning Division October 21, 2010 MojJk) \o]u m COPY www.carlsbadca.gov PLANNING COIVIMISSION NOTICE OF DECISION Barger Engineering Attn: Steven Barger 2651 Gianelli Lane Escondido, CA 92025 SUBJECT: CDP 10-18 -1369 MAGNOLIA AVENUE At the October 20, 2010 Planning Commission meeting, your application was considered. The Commission voted 4-0-3 to aprarove your request. The decision of the Planning Commission will become final on October 30, 2010. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad IVIunicipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please contact your project planner Shannon Werneke at (760) 602-4621 or shannon.werneke@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:SW:bd c: Mr. William Cavanaugh, PO Box 235709, Encinitas, CA 32024 T&M Construction Inc., Attn: Mr. Todd Kesseler, 140 East Stetson Avenue, Suite 301, Hemet, CA 92543 Data Entry File enc: Planning Commission Resolution No. 6727 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4500 F 760-602-8559 ® Shannon Werneke From: Sent: To: Cc: Subject: Sanbury@aol.com Sunday, October 10, 2010 11:23 PM ellenten@sbcglobal.net; toddk@tmconstructions.com; barger.steven@gmail.com Shannon Werneke; snyderl@roadrunner.com; luvbds@hotmail.com Re: 1369 Magnolia Project Thank you for your e-mail regarding the single family home I am planning on building , where the dilapidated, abandoned , eye sore now sits at 1369 Magnolia Avenue, Carlsbad. I have spoken to several pest control experts and will talk to a few more to get the best method to control rodent population (while protecting local birds and domestic animals) during demolition and construction of my single family home. Our goal will be to minimize any disruptions or negative impacts to area neighbors and turn the property into a quality family home. Bill Cavanaugh - 0 FILE COPY CITY OF ^ VICARLSBAD Planning Department www.carlsbadca.gov September 28, 2010 Barger Engineering Attn: Steve Barger 2651 Gianelli Lane Escondido, CA 92025 SUBJECT: CDP 10-18 - 1369 MAGNOLIA AVENUE The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, October 6, 2010, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on October 12, 2010. A ^tiA^nty (20>^7nTnote BppoiTTtment has been set aside for you^t 9:00 AM. If you-have any tjuestions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations 2. A PDF of your colored site plan and elevations The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations witi "Ire used in the presentatton-to-ihe^'lanmng Commission ^nd ^lie publie-at^he-PI^ Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Shannon Werneke at (760) 602-4621. TK DON NEU, AlCP City Planner DN:SW:sm c: Bill Cavanaugh, PO Box 235709, Encinitas, CA 92023 Santa Rita Investment Company, Attn: Guillermo Steta, 101 B Avenue, Suite 207, Coronado, CA 92118 File Copy Steve Bobbett, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® /AN ® ^ PILE COPY VICARLSBAD Planning Department wvyw.carlsbadca.gov September 7, 2010 Barger Engineering Attn: Steven Barger 2651 Gianelli Lane Escondido, CA 92025 SUBJECT: 2"'* REVIEW FOR CDP 10-18 - 1369 MAGNOLIA AVENUE The items requested from you earlier to make your Coastal Development Permit, application no. CDP 10-18, complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or othenwise supplement the basic information required for the application. At this time, the City asks that you provide 3 complete sets of the development plans so that the project can continue to be reviewed. Sincerely, CHRIS DeCERBO Principal Planner CD:SW:sm Mr. William Cavanaugh, PO Box 235709, Encinitas, CA 32024 T&M Construction Inc., Attn: Mr. Todd Kesseler, 140 East Stetson Avenue, Suite 301, Hemet, CA 92543 Don Neu, City Planner Steve Bobbett, Project Engineer Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® CDP 10-18 - 1369 MAGNOtiA AVENUE September 7, 2010 Paqe 2 ISSUES OF CONCERN Planning: 1. Please revise the colored exhibits as necessary to reflect the revised roof pitch. In addition, please prepare a colored site plan (to be used for power point presentation). Engineering: 1. Developer acknowledges upcoming hydromodification (runoff reduction) requirements may impact how this project treats and/or retains storm runoff. Current interim hydromodification criteria may be reviewed on the City's website at http://www.carlsbadca.gov/business/building/Documents/EngStandsw-stds-vol4-ch2.pdf. Note that these are interim requirements and will be superseded by updated hydromodification criteria which will be incorporated into the City's Standard Urban Stormwater Management Plan (SUSMP) subsequent to approval of the hydromodification plan by the State Regional Water Board. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city engineer. 2. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 3. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's SUSMP. These measures include, but are not limited to: A) Reducing the use of new impervious surfaces (e.g.: paving), B) Designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas). i%c~r.o. - ^ FiLECOPY V CARLSBAD Planning Department www.carlsbadca.gov August 12, 2010 Barger Engineering Attn: Steven Barger 2651 Gianelli Lane Escondido, CA 92025 SUBJECT: 1'^ REVIEW FOR CDP 10-18 - 1369 MAGNOLIA AVENUE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Coastal Development Permit, application no. CDP 10-18, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and four (4) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, July 19, 2010, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Shannon Werneke, at the phone number listed below to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Planning Division comments: Shannon Werneke, Associate Planner, at (760) 602-4621. • Engineering Department comments: Steve Bobbett, Associate Engineer - Engineering Development Services, at (760) 602-2747. • Fire Department comments: Mike Davis, Fire Inspections, at (760) 602-4661. Sincerely, ... CHRIS DeCERBO Principal Planner CD:SW;sm Enc: Engineering redlines; Fire comments c: Mr. William Cavanaugh, PO Box 235709, Encinitas, CA 32024 T&M Construction, Inc., Attn: Mr. Todd Kesseler, 140 East Stetson Avenue, Suite 301, Hemet, CA 92543 Don Neu, City Planner Steve Bobbett, Project Engineer Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® CDP 10-18- 1369 MAGhl&tiA AVENUE August 12, 2010 Paae 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: Please submit a roof plan. J 2. Please number each of the sheets and add the project number, CDP 10-18, to the upper right hand corner of the plans. i(\cx)s\<^c>V / 3/ Please revise the elevations and floor plans to add a graphic scale which coincides with the tf^^iOt^ measurements provided on the plans. Please revise the site plan as follows: & The site plan includes a note that an existing tree will be protected. It is not clear where this tree is located as it appears that it is identifying an area located within the western extent of the proposed driveway. In addition, please identify the location of the existing oak tree located in the vicinity of the existing detached accessory structure. Please include the extent of the canopy; nd£:\+•3 flrJi. rp.) Please identify the use of the detached accessory structure and whether it will be £Al<fi:p^r- ^ retained; fc^) Please revise the site plan to identify the location of the pedestrian connection from the street and driveway to the front porch. Please consider the location of the future panhandle lot(s) to the west when selecting the location. It is recommended that the sidewalk be ofifset a minimum of 3-5 feet from the future panhandle lot; and <2l%N] ISA vi''' ^ maximum two foot projection is allowed into the required 20-foot front yard setback. 0 «• V ^Y''^ Please revise the site plan to indentify all projections, including the trellis features and \ the porch. In addition, please see Planning Issues of Concern Comment No. 2 below. 5. Please revise the elevations as follows: / a. Please carry the stem wall stone detail around each of the elevations and identify the material where appropriate; Sf6t'«^.c<\^2-—b. Please take the height measurements to the existing grade; trA<A ^^llft:i0^(^ Please revise the entrance to the wash room attached to the laundry room to address the ^ ^""^ issues/concerns identified below; and d. Please identify the roof pitch for all roof elements. Engineering: The preliminary title report submitted with the project shows title to the property vested in Anthony G. Cassolato. Please revise the applications, signatures and plans to show ownership per the preliminary report or submit a current preliminary report showing ownership as represented on the applications and plan. J 2. The site plan as submitted utilized a modified County of San Diego Grading plan template. Please revise the plans accordingly to reflect the appropriate jurisdiction/template. 3. Revise the driveway cross section B-B to reflect the varying cross slope between 10% at the back of sidewalk and 0% at the face of the garage. CDP 10-18-1369 MAGN,%!^IA AVENUE ^ August 12, 2010 Paqe 3 4. Please clarify the finish slab elevation of the garage. 5. Please clarify how runoff is prevented from entering the garage. In addition, please provide additional spot elevations and flow arrows. 6. Please incorporate the 4' x 1' berm shown on Section B-B to the plan view contours or delete from the section. 7. Please identify the location of the existing public sewer main, proposed public sewer main extension and proposed sewer lateral. 8. Please show the location of the existing public water main, existing water service, and existing water meter. In addition, please verify the size and adequacy of the existing water meter with the Fire Department. 9. Please relocate the illegible text conflicting with line work, typical as shown on the site plan. 10. Please show the proposed improvements listed in the legend or delete the items from the legend, typical, as shown on the site plan. ISSUES OF CONCERN Planning: 1. Please consider designing the entrance to the porch so it is oriented towards Magnolia (X^'-'o Avenue. / 2. Please consider shifting the footprint of the house 5-10 feet east so the entrance to home is not located so close to the anticipated access driveway through the future panhandle lot(s) which, at a minimum, will occupy the western 30 feet of the subject lot. acidv^^^(^. Please relocate the entrance to the wash area attached to the laundry room to the east K\ pkcA- elevation. The current location of the door appears to be a front door and is misleading. The ' focus of the home should be the front porch on the west elevation. /4. As the proposed project entails the demolition of the existing vacant single family home, a potential personnel training opportunity exists for the Fire and Police Departments. You are therefore encouraged to contact the following representatives prior to the demolition of the structure: • Mike Kennedy, Battalion Chief, Mike.Kennedy@carslbadca.gov, (760) 931-2114; • Jeff Chapman, Sergeant, Jeff.Chapman@carlsbadca.gov, (760) 931-2172; Chris Boyd, Sergeant, Chris.Boyd@carlsbadca.gov, (760) 602-2400 x6165. /s. If building permits are not issued within two (2) years of the demolition of the home, inclusionary housing fees will be assessed. Engineering: 1. The Construction Threat Assessment Worksheet E-33 should show the Construction SWPPP Tier Level to be Tier 2 [determined by the Project Storm Water Threat Assessment Worksheet E-32] High' rather than 'Tier 1 Medium'. Please revise Worksheet E-33 and resubmit. CDP 10-18-1369 MAGftetlA AVENUE August 12, 2010 Page 4 2. Developer acknowledges upcoming hydromodification (runoff reduction) requirements may impact how this project treats and/or retains storm runoff. Current interim hydromodification criteria may be reviewed on the City's website at http://www.carlsbadca.gov/business/building/Documents/EngStandsw-stds-vol4-ch2.pdf. Note that these are interim requirements and will be superseded by updated hydromodification criteria which will be incorporated into the City's Standard Urban Stormwater Management Plan (SUSMP) subsequent to approval of the hydromodification plan by the State Regional Water Board. Hydromodification involves detailed site design and analysis to reduce the amount of post- development run-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city engineer. 3. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 4. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's SUSMP. These measures include, but are not limited to: A) Reducing the use of new impervious surfaces (e.g., paving); B) Designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas). 5. Please remove any reference to the "County Engineer" from the Title Block. Fire: 1. Effective January 1, 2011, all single family residences are required to have Automatic Fire Sprinkler Systems (AFS) installed. Please be advised that if the building permit for the subject proposed home is not issued prior to this date, AFS will be required. ]B> A ]R. (G IE ]E>J(G][1^]E]ER][T^(G CONSULTING CIVIL ENGINEERS ENGINEER'S RESONSE TO COMMENTS 1369 MAGNOLIA AVENUE 8/12/2010: PLAN CHECK #- CDP 10-18 PLAN CHECKER: SHANNON WERNECKE: PH(760) 602-4621 PLANNING: LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION 01 OK 02 OK 03 OK 04a THE TREE IS LOCATED WITHIN THE PROPOSED DRIVEWAY. THE TREE IS TO BE PROTECTED DURING GRADING. WE LABELED THE TREE AS A PALM. WE ALSO ADDED A LABEL AND CANOPY FOR THE OAK. 04b OK. THE STRUCTURE IS TO BE REMOVED. 04c OK. WE MOVED THE HOUSE BACK 5 FEET TO CLEAR THE FUTURE SETBACK. 04d OK. WE ADDED THE ARCHITECTURAL POPOUTS FOR ALL OF THE DOORS. 05 OK ENGINEERING: LIST OF ITEMS NEED TO COMPLETE THE APPLICATION 01 OK. THE PTR WAS PREVIOUSLY SUBMITTED. 02 OK 03 OK 04 OK. THIS IS A RAISED FLOOR FOUNDATION. WE IDENTIFIED THE GARAGE FINISH FLOOR ELEVATION. 05 OK. THE GRADE IS SPECIFIED AS 2% MINIMUM AWAY FROM THE STRUCTURE. WE ADDED ANOTHER NOTE. 06 OK. BERM REMOVED. 07 OK. WE ADDED THE SEWER INFO. 08 OK. THE SERVICE IS 1-INCH. THE METER WILL BE SPECIFIED WHEN THE HOUSE IS BUILT. IT WILL BE 3 / 4 INCH UNLESS SPRINKLERS ARE NEEDED. SPRINKLERS REQUIRE 1 INCH. 09 OK 10 OK. THE ITEMS ARE ALL NEEDED SINCE WE ADDED THE UTILITY INFO. PLANNING: ISSUES OF CONCERN 01 OK. THE OWNER DOESN'T WISH TO DO THIS 02 OK. WE MOVED THE HOUSE 5 FEET. 03 OK 04 OK 05 OK J0^. ^^'^ IB A R (G ]E R ]E>^(G][N]E]ER][N(G CONSULTING CIVIL ENGINEERS ENGINEER'S RESONSE TO COMMENTS 1369 MAGNOLIA AVENUE 8/12/2010: PLAN CHECK #- CDP 10-18 PLAN CHECKER: SHANNON WERNECKE: PH(760) 602-4621 ENGINEERING: LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION 01 OK E-33 FORM TO BE REVISED 02 OK WE WOULD LIKE MORE INFORMATION ON THIS ITEM 03 OK 04 OK. WE WISH TO COMPLY. THE NEW DRIVEWAY IS 400 SQ-FT. THE ONE BEING REMOVED IS 1,500 SQ-FT. WE ARE USING ALL EARTHEN SWALES. 05 OK FIRE DEPARTMENT ITEMS OF CONCERN 01 OK